2017 DIVERSITY SCHOLAR PROGRAM

Transcription

1 WARD GREENBERG HELLER & REIDY LLP, a civil litigation firm with offices in New York, Pennsylvania, Delaware, and New Jersey, is devoted to the representation of corporate and institutional clients and actively recruits candidates with diverse backgrounds and perspectives to foster an inclusive workplace. As part of this commitment to diversity and attracting top associate candidates, we are pleased to present our 2017 Diversity Scholar Program. THIS PROGRAM OFFERS THE OPPORTUNITY for a successful applicant to join us at our Rochester, New York office for a 10-week paid appointment during the summer of 2017 and to earn a $7,500 stipend for the winner s law school tuition. During that appointment, the Scholar will also have the opportunity: To work with teams at more than one of Ward Greenberg s offices For a short-term secondment with one of our institutional clients To be considered for a 2018 summer associate position with Ward Greenberg in our Rochester office, and with it, an additional $10,000 stipend for law school tuition TO BE ELIGIBLE, you must be a first-year student at an ABA-accredited law school with demonstrated academic and leadership achievements, and a desire to practice at a sophisticated litigation firm and contribute to its diversity objectives. While there are no restrictions on eligibility, students from historically underrepresented populations in the legal profession are encouraged to apply. A COMPLETE APPLICATION (with all required attachments) must be submitted electronically to diversity.scholarship@wardgreenberg.com, and received no later than January 6, We will not consider late submissions. We will invite scholarship finalists to interview at our Rochester, New York office on Friday, January 13, THE SCHOLAR will be selected by January 20, 2017.

2 I. NAME. Last: First: Middle: II. ADDRESS. A. Mailing State: Zip Code: B. Permanent State: Zip Code: III. TELEPHONE & . Telephone: ( ) - IV. ELIGIBILITY FOR EMPLOYMENT. Are you authorized to work in the United States? Yes No

3 V. EMPLOYMENT HISTORY. Employer: Position: From to Supervisor: State: Zip Code Telephone: ( ) - Employer: Position: From to Supervisor: State: Zip Code Telephone: ( ) - Employer: Position: From to Supervisor: State: Zip Code Telephone: ( ) - Employer: Position: From to Supervisor: State: Zip Code Telephone: ( ) -

4 VI. ACTIVITIES, HONORS AND AWARDS. VII. PLEASE ATTACH THE FOLLOWING DOCUMENTS TO YOUR APPLICATION: (a) resume; (b) undergraduate transcript; (c) first semester law school grades (if unavailable at the time of submission, so indicate); and (d) one letter of reference (from a professor or professional employer). VIII. DIVERSITY STATEMENT. Please attach a statement explaining, in 500 words or less, how you intend to contribute to Ward Greenberg s objective of a diverse, inclusive workforce. IX. WRITING SAMPLE. Please prepare and attach a short memorandum responding to the hypothetical situation presented on the next page. X. CERTIFICATION. I hereby certify that the information I have provided in support of this application is complete and truthful to the best of my knowledge, and that the work product submitted is wholly my own. Signature: Date:

5 Please read the following fact pattern and analyze the issues below using only the legal principles you learned during your first semester of law school. You should not conduct independent legal research or cite any legal authority in your response. Instead, focus on identifying and analyzing the issues as you see them. Your response must be limited to 1,000 words. Please focus on performing the requested legal assessment; you need not recite the facts of this hypothetical, except as required to explain your analysis. WRITING SAMPLE HYPOTHETICAL To: Associate Date: November 29, 2016 From: Tony R. Sears Subject: Evaluation of Potential Lawsuit Our client James Kelly is the owner of Patios, Patios, Patios, Patios! ( P4 ) a designer and builder of high-end patios and decks. In March of this year, Kelly received an from Bruce Smith, President of Rochester Houses, Inc. ( RHI ), the largest builder in Rochester. Smith asked Kelly if P4 would design and build patios for Roc Pile South, a new 50-home development that RHI planned to build on a 500-acre plot of undeveloped land on the outskirts of Rochester. Kelly and Smith exchanged a handful of text messages in which they discussed the terms of the deal. RHI planned to build the majority of homes in 2016, and wanted Kelly and his crew to begin building the patios in the spring of P4 has contracted with RHI in the past. Their prior projects were very successful and helped P4 to become the premier patio contractor in Western New York. In the past, P4 and RHI had always entered into formal contracts drafted by our firm. Those contracts incorporated specific patio designs that the parties had agreed to in advance. Given their longstanding business relationship, however, they did not ask us to draft a contract for the Roc Pile South project. Kelly called me yesterday in a panic. He had just learned that RHI cancelled the project because the County rejected the building permit for Roc Pile South. Apparently, Smith had texted Kelly in April about the cancellation. Kelly does not remember receiving that April text message; he says his cell phone was recalled by the manufacturer around that time. In any event, P4 s design engineers had been working throughout the summer on the patio designs for Roc Pile South. And earlier this month, Kelly ordered the supplies needed to begin patio construction in the spring. Kelly gave us receipts totaling approximately $100K for the purchase of specialized pavers that were designed and made specifically with Roc Pile South s aesthetic in mind. P4 also purchased $35K worth of bulk stone and bulk concrete for the project.

6 Kelly also provided timesheets showing that his design engineers spent a total of 150 hours on the project. Kelly tells us that P4 s design drawings for Roc Pile South were extremely complex, as he wanted the neighborhood to set a new bar for backyard living. As a result, the 150 hours spent by his design team is approximately 3 times more than the time spent on designs for any of P4 s prior projects with RHI. Please prepare a memo analyzing P4 s potential claims against RHI, as well as its recoverable damages, if any. Please also discuss any defenses you think RHI could raise. The relevant and text messages between Kelly and Smith are attached.

7 From: Sent: March 14, 2016 To: Subject: New Project! Jim, I hope you are well. RHI is getting ready to break ground on a new 50-home development called Roc Pile South. We would like to hire P4 for the project. We hope to complete construction of homes this year, with the patio work being done mostly in 2017 and perhaps some in Would you be interested? Let me know. Thanks, Bruce Bruce Smith President, Rochester Houses, Inc. Text Message Exchange #1: James Kelly, (585)-Patios, 15 March :05 PM: Bruce, I got your . Thanks for thinking of P4. What type of terms were you thinking? Bruce Smith, (585)-HOUSES, 15 March 2016, 1:30 PM: I suggest we use the same terms as our last job. As for $$, we ll pay your design engineers rates ($175/hour), your installation rates ($90/hour), and reimburse all of your costs for materials. As for patio design, I ll leave that up to you all the work you ve done for us in the past has been spot on. But remember, we ll need you to be ready to start building in spring James Kelly, (585)-Patios, 15 March :45 PM: IDK. We have a lot of projects lined up for Let me think about it. Bruce Smith, (585)-HOUSES, 15 March 2016, 3:35 PM: I know that P4 s beautiful designs will put Roc Pile South over the top. So, what if I also give you 2% of every sale? I ve spoken with our real estate agent, who says these homes will sell for a minimum of $250K, and many will sell in the $350-$400K range. What do ya say? James Kelly, (585)-Patios, 15 March :12 PM: That sounds great. We ll be ready when needed in early spring 2017.

8 Bruce Smith, (585)-HOUSES, 15 March 2016, 5:35 PM: Excellent. Let s touch base this fall to finalize the schedule. Text Message Exchange #2: James Kelly, (585)-Patios, 14 November :03 PM: Hey Bruce. I hope the building season treated you well. Last time we talked you anticipated that patio install would begin in early spring Are you guys on schedule? We ve finished some great designs can t wait to show you! Bruce Smith, (585)-HOUSES, 14 November 2016, 5:10 PM: What do you mean? Didn t you get my text? The project was cancelled in April. James Kelly, (585)-Patios, 14 November :13 PM: What text?!? Bruce Smith, (585)-HOUSES, 14 November 2016, 5:15 PM: I sent you this back in April: Screenshot: Bruce Smith, (585)-HOUSES, 24 April 2016, 4:46 PM: Jim, bad news. The County denied our permit for Roc Pile South. Turns out the plot is a protected wetland. There was nothing we could do. Sorry, Jim. But don t worry I ll definitely keep you in mind on the next project. Take care. James Kelly, (585)-Patios, 14 November :18 PM: You ve got to be kidding me I ordered materials last week! Why didn t you follow up in writing, or at least call me? You know all our prior contracts required all revisions to be agreed to in writing, and the prior contracts couldn t be cancelled more than 30 days after being finalized! Bruce Smith, (585)-HOUSES, 14 November 2016, 5:25 PM: Sorry, I don t know what to tell you. Maybe you can use the materials on another project?