1. Don’t write something in an email that you wouldn’t say to someone’s face
2. If email leads to confrontational messages then speak by phone
3. Don’t turn your email into a back and forth chat… pick up the phone
4. Give the author the benefit of the doubt
5. Always edit
6. Be concise
7. Front load your emails and summarize questions and answers
8. Use the subject line to its full potential
9. Format your replies for clarity
10. Don’t overuse abbreviations
11. Be careful when responding from mobile devices
12. Don’t use emoticons
13. All CAPS is ineffective
14. Exclamation points aren’t so bad
15. Avoid format hyperbole, no memo pad pictures or pink backgrounds
16. Be respectful
17. Start your emails with a concise introduction
18. Tell the recipient how they can contact you
19. Announce if you will be away from your email for long periods of time
20. Never forward without permission and assume that yours will always be forwarded
21. Don’t send SPAM
22. Limit urgent emails
23. Take the time to respond appropriately
24. Only fill in the address box once you are ready to send
25. Manage your inbox daily
26. Watch out for Reply to All
27. Use CC and BCC Properly
28. Check and explain attachments
29. Use your address book wisely
30. Set up email groups
31. Request acknowledgment of receipt
32. Rely on timestamps cautiously
33. Be careful with interoffice email
34. Don’t be afraid to write “no reply needed”

The biggest problem lies in the inflated expectations of law students themselves. Not everyone is going to come out making $160,000 a year. In fact, only 23% of the class of 2008 secured that salary, according to the National Association for Law Placement. Everything you learn in school is theory, you aren’t really worth anything until you can put that theory into practice. If your only goal is to make money then most of the time you’ll be in the hole. If your goal is to become a lawyer then not only will your degree be worth it, but it will prove itself essential. College is the place to explore and determine what you want to be when you grow up. If you haven’t figured that out by the time you graduate then take some more time and don’t just go to law school because there’s nothing else to do.

“What we can’t have is this situation of a generation of young lawyers squashed by debt,” said Lamm, a Washington, D.C., partner at White & Case.

Lamm said that she or other ABA officials have met with aides on Capitol Hill, at the U.S. Department of Education and in the White House to press their case, so far without success. “Wherever we have an opportunity, we share our views,” she said. “They’re very interested in education. They’re very interested in finding a way to help. I can’t say that we’ve found a solution yet.”

Cuban can conduct discovery over the legal-fees question to see if he can support his contentions that the SEC engaged in misconduct in investigating him and lacked a good- faith basis to sue him. “To the extent that he views it as the agency having tweaked him, he wants to tweak back,” Jacob Frenkel, a former SEC lawyer now in private practice, told Bloomberg.com of Cuban’s fee quest. “Is this likely to meet with success? No. Is that likely to stop him? No. Many who are accused by the SEC are pleased to take a dismissal and ride off into the sunset.”

Fitzwater dismissed the initial suit against Cuban on July 17, ruling the commission failed to allege he agreed to refrain from trading based on information about a private stock placement. The judge didn’t rule on the merits of the accusations by the SEC, which has appealed the dismissal.

“We’re very grateful that the judge has given us the opportunity to establish the facts that demonstrate we’re entitled to Mr. Cuban’s fees in defending this matter,” Christopher Clark, a lawyer for Cuban at Dewey & LeBoeuf LLP in New York, said.

In his ruling, Fitzwater said he was “unaware of any reason to deny a party reasonable discovery when seeking attorney’s fees.” The judge set a Feb. 1 deadline for the information gathering to be completed. He said he’s not sanctioning a “fishing expedition” and quoted a court decision holding that the “inner workings of administrative decision-making processes are almost never subject to discovery.”

Starting today, we’re enabling people everywhere to find and read full text legal opinions from U.S. federal and state district, appellate and supreme courts using Google Scholar. You can find these opinions by searching for cases (like Planned Parenthood v. Casey), or by topics (like desegregation) or other queries that you are interested in. For example, go to Google Scholar, click on the “Legal opinions and journals” radio button, and try the query separate but equal. Your search results will include links to cases familiar to many of us in the U.S. such as Plessy v. Ferguson and Brown v. Board of Education, which explore the acceptablity of “separate but equal” facilities for citizens at two different points in the history of the U.S. But your results will also include opinions from cases that you might be less familiar with, but which have played an important role.

The blog article goes on to say that Google’s goal is to “empower the average citizen by helping everyone learn more about the laws that govern us all.” Surely lawyers will feel empowered by the potential cost savings to their legal research budgets.

It’s a good start, but does not go far enough. The program should extend to employed graduates as well. Essentially, allowing all law graduates to borrow from the federal government to immediately pay off any private debt, since most private loans carry no prepayment penalty, would make much more sense. Borrowers could then enjoy the deferral benefits of federal loans and only have one lender to worry about.

It makes perfect sense, would ease the burden on lenders, and would generate revenue for the federal government. The only problem with the plan is that it makes too much sense, and like most things mired bureaucracy, that might be enough to kill it.

By 2010 at least 10 states are going to be switching to what they are calling a Uniform Bar Exam and 22 others are preparing to adopt the test in the next few years. Recently, many jurisdictions have began admitting out-of-state attorneys by motion to state court rather than forcing them to retake the state’s bar exam. The test has been developed by the National Conference of Bar Examiners and will allow freshly minted JD’s to take their bar score with them from state to state. Propents are saying that such a system will improve both the quality of exams in smaller states and open up the legal job market up nationally, rather than keeping it regional.

The scenario of going from Texas to California may not be there quite yet though. Texas, California, New York, the District of Columbia, Florida and Illinois have yet to embrace such an idea. Their argument is that such a test would miss concepts that are very important to state law. In Texas for example, Oil and Gas law is a fairly important concept of the bar exam. There are also fears that the uniform test would take control from state bars and put far too much power in the hands of the NCBE.

Such a test obviously has its pros and cons, but there might be something to allowing attorneys to move from state to state. One thing is certain, it would definitely open up the job market for attorneys in states who have been hit harder by the economic downturn, but perhaps at the cost of the job seekers in those states.

“Somehow these impersonal computer programs have taken over, using microchips for matching,” Block said. “And I kept hearing from professionals that they did not want their photos and profiles on the internet for all the world to see.  So I decided to start something that would be personalized and private.”

In August of 2009, Block founded We Matchmake in Dallas after months of research and focus group meetings.  Block, a former litigator at Winstead, currently owns a legal recruiting firm.

“I figured that matching lawyers to law firms utilizes the same principles as We Matchmake: Honesty, Thoroughness, Professionalism, Confidentiality and Networking – all in the name of making great matches,” said Block.

We Matchmake sets itself apart by providing background checks, privately showing photos of potential dates to clients, and being very affordable.

Block hired Tina Griffin as the Director of Matchmaking. Ms. Griffin joined We Matchmake after 11 years as a Recruiting Coordinator with Jenkens & Gilchrist and Hunton & Williams. She is 37 years old and married with 4 kids.

“We have quickly gained a group of clients that is amazing,” says Griffin. “These are successful, attractive people of all ages that are busy and just need a little help.”

We Matchmake attracted hundreds to its Launch Party at the Stoneleigh Hotel in September.  Their office is located at 2911 Turtle Creek in Dallas, Texas next to The Mansion on Turtle Creek.

For more information, contact Randy Block at randyblock@wematchmake.com and 214-497-5004.

http://www.wematchmake.com/

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]]> http://www.youngtexaslawyer.com/?feed=rss2&p=1694 1 http://www.youngtexaslawyer.com/?p=1563 http://www.youngtexaslawyer.com/?p=1563#comments Mon, 28 Sep 2009 14:07:00 +0000 Robert Abtahi http://www.youngtexaslawyer.com/?p=1563 So you’ve lost your job. So you still don’t have a job offer. So you don’t have recruiters banging down your door. So what? Sometimes you have to think outside the box. An attorney’s skill set is not limited to one industry or one job.

David E. Behrend of Career Planning Services for Lawyers agrees that there are other opportunities out there for lawyers and they need to start looking at them. ”I firmly believe that almost all lawyers with their education have employment security, but not necessarily job security,” he said, “meaning that they should be able with some assistance to find capable work of a professional nature.”

Many newly licensed attorneys and those that find themselves without a job are having little luck finding a new position simply due to the fact that they are limiting their search to what they have done in the past. There comes a point in one’s career where he or she must grow up and realize that your law degree has lost some value over the last year and perhaps it may be time to start looking for a job outside your comfort zone. Don’t go apply for a job flipping hamburgers, but don’t turn your nose up at those non-attorney positions either.

• Don’t go on your blog and call your judge an “Evil, Unfair Witch.” Florida attorney Sean Conway wrote about a post about Judge Cheryl Aleman over at JAABBlog, and the First Amendment did not come to his rescue. He was reprimanded by the Florida bar and fined.

• Don’t blog about the details of your cases and clients, and refer to the robed one as “Judge Clueless.” Illinois assistant public defender Kristine A. Peshek used her blog, “The Bardd [sic] Before the Bar – Irreverant [sic] Adventures in Life, Law, and Indigent Defense,” as an outlet for 19 years of pent up resentment (excerpts here). It brought more release than she intended. When it was discovered, she was fired.

• If you’re on a jury, don’t blog about it. It can get you suspended from practicing and fired AND fined $14,000, like Frank Wilson of California.

• Don’t ask the judge to suspend your trial for a funeral, if you’re actually planning on partying all week. Especially if the judge is your Facebook friend and gets your partying status updates.Texas Judge Susan Criss will tattle on you to the American Bar Association, though she will leave your name out of it.

1. Be the best lawyer you can be
2. Be respectful, conscientious, polite, and courteous to everybody
3. Bill, baby, bill
4. Don’t be a downer
5. Stay away from troublemakers
6. Become an expert
7. Develop and maintain client relationships
8. Get involved in firm activities
9. Obtain some business for the firm
10. Look for another job, but be smart

These tips aren’t limited to surviving the recession and most are much easier said than done but if you keep them in the back of your mind then you won’t miss an opportunity when it presents itself. For more details check out the full article by clicking the link above.

I am walking up the stairs to get to my OCI appointment. I overhear some interviewers from various firms talking to each other as I hold the door for them and their heavy bags of firm-branded crap.One lady says to another, “Did you get a lot more applicants from UT this year?” Lady 2 says, “No, it was the usual number for us.” Lady 1 replies, “I had 200 applicants from UT alone for the 15 total spots we will fill this year.” Lady 2 says, “I think it’s gonna be a great year for employers!” They all laugh.

Seems like the economists are all signaling the end of the recession this week, but the pain might be felt in the legal industry for some time to come if the above story is any indication of OCI’s around the country.

The Senate vote was 68-31 to confirm Sotomayor, President Barack Obama’s first Supreme Court nominee, with Democrats unanimously behind her but most Republicans lining up in a show of opposition both for her and for the president’s standards for a justice.

1. The Law Pod – View the Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, Federal Rules of Appellate Procedure, Federal Rules of Bankruptcy Procedure, Federal Rules of Evidence and the U.S. Constitution all on your phone.
2. LawPDA – State statutes for California, Texas, and Florida.
3. DateMathica – Helps you figure out the date of a deadline so you don’t miss it. See how many days you have left until a deadline. Easy to use and accurate.
4. BizTrackIt – Simple to use, project-based, time tracking tool. Only provides the functionality you really need to track your time painlessly so you don’t miss out on a single billable hour. Just select a project from a list you create, clock in and clock out.
5. WikiPock - Allows you to search and read the wiki encyclopedia articles without an internet connection (offline). All the articles are stored in your mobile phone’s memory so there is no need to download anything from the network. Over 2.8 million articles in English
6. Evernote – Allows you to easily capture information in any environment using whatever device or platform you find most convenient, and makes this information accessible and searchable at any time, from anywhere.
7. RDM+ – Remotely access your computer, even through NAT and Firewall from your phone. You can send and receive emails, edit word documents, surf web, manage files and folders and do hundreds of other things that you usually do sitting in front of your home or office computer.
8. Google Maps – Offers most of what you love about the desktop version—including satellite views, turn-by-turn directions, and local business searching—and adds a GPS-enabled, location-based search component for use with your BlackBerry.
9. WorldMate Live – Lets you check flight status, book hotels, connect with friends, and share your itineraries right from your phone. There’s also a currency converter, a time zone calculator, and BlackBerry Maps integration.
10. Quick Pull – Offers the same functionality as pulling your battery and can even be scheduled to do so at predetermined times. Sometimes your Blackberry will begin to slow down and this is a quick way to reset it and start fresh.

The firm currently has nine lawyers that operate out of a 500-square-foot office in Cleveland, but do most of their work from home and make client site visits in the same way that many information technology consultants do. The Med City News has an in-depth interview with Mr. Ghannoum in which he discusses how the firm has already attracted 20 clients in four short months. The firm attracts clients based on their bare bones approach and it’s ability to pass cost savings on to clients without sacrificing quality.

Although some may see this as a completely radical way to start a firm, in reality it’s just a passing of the guard from the old way of doing things to the new way. The consulting and advisory industry has been thinking outside the box for almost a decade now in setting up their business structure, all it took was a near economic meltdown for the legal industry to begin doing the same.

1. Financial suicide
   • I will somewhat agree with this one, but depending on what you would have done other than becoming a lawyer you’d probably have less income and job security over the long haul
2. Sucks the creativity out of you
   • Again this is a half truth. One doesn’t have to go to a cookie cutter employer after law school. There are plenty of non-profits and non-traditional jobs out there for attorneys. You’ll have more options as an attorney.
3. There’s an 80% chance you’ll breakup with your significant other
   • This one I will have to agree with, however I’m not sure about the exact accuracy of the number.
4. The Bar is brutal
   • Agreed, but is anything worth having?
5. Top jobs are scarce
   • This depends on your definition of a “top job.” If a top job means top compensation then that is true of any profession.
6. Work insane hours
   • Again, it depends. Some do and some don’t. There are plenty of small business owners out there that work harder than lawyers, but don’t make near the amount of money. Nothing is easy.
7. Law professors are pretentious
   • Some are and some aren’t. Many times intellectuals come off as pretentious, but that is just because they are smarter than you.
8. Harassing legal questions from friends and family
   • No argument here.

The lawsuit claims Cuban covered the Mavericks’ financial shortfalls by obtaining more than $29 million in unauthorized loans through a limited partnership designed to distribute profits from the arena, the American Airlines Center. It accuses the Mavericks and three other companies controlled by Cuban of breach of contract, breach of fiduciary duty and unjust enrichment.

The company that filed the suit, Hillwood Center Partners, is controlled by former Mavericks owner Ross Perot Jr. and holds a small interest in the arena’s limited partnership, Radical Arena. A related Perot company sold the Mavericks to Cuban in 2000.

Cuban’s poignant response: ”I can only offer my opinion, which is that Ross Perot Jr must be desperate from the losses he has suffered from VIctory and his hedge funds. My lawyers have been open with our minority partners, and in Mr Perot’s case, very minority, about the loans to the Mavericks. The loans have been used to put the best possible Mavericks team on the court, which in turn created the NBA’s longest sellout streak and drove business to the AAC/COC, and to Perot’s Victory development. As best I could tell, he was very happy to take advantage of the traffic when he had an economic interest in Victory to do so. Unfortunately for Mr Perot, he was apparently unable to capitalize on the benefit and is trying to find nickels in the sofa cushion.

It is my understanding that Mr Perot has received legal notice of the loans since they began, right after the Mavs appearance in the Finals as we tried to improve the team further. Only he knows why he has chosen to file a lawsuit and to make it public. The unfortunate reality is that this is the nature of our business relationship with Mr Perot. From all i can tell, he could care less if the Mavs ever win a game. I have to tell you that the biggest mistake I made in buying the Mavs was in not completely buying out his interest.”

For young lawyers it is imperative to conduct proper due diligence on the topics contained in the notice. When you fully understand the important issues, only then can you identify the right person to speak on behalf of your client. Also, even though a 30(b)(6) designee is testifying on behalf of the corporation, that does not generally limit the scope of questions. Most judges will allow the witness to answer questions outside the scope of the notice as long as the witness is testifying in an individual capacity regarding the out-of-scope topics and not as a corporate spokesperson.

The most important part of this process is making sure you pick good designees and fully prepare them to only answer the questions asked. It is the witness’s job to force the questioning attorney to ask questions. Designees that are too helpful or over explain themselves always hurt the company. Concisely answering questions is the only way to go.

Similarly, the best lawyers make their jobs look easy without ever letting you know about the mayhem most likely occurring beneath the surface. They are positive and always seem to be in total control. The more you have on your plate, the more you have to act as if you aren’t on the verge of a nervous breakdown. Who wants to hire the attorney that is always complaining about being tired or too busy. Who wants to give the exhausted associate an important project when it appears as though he or she is on the verge of pulling their own hair out. Regardless of what is going on in your life and how you feel, it’s best to keep a poker face. You don’t want to miss out on the next big thing while you’re stressed about the current one. After all, your time is your product and it doesn’t make sense to act as though you’re constantly sold out.

]]> http://www.youngtexaslawyer.com/?feed=rss2&p=870 1 http://www.youngtexaslawyer.com/?p=1616 http://www.youngtexaslawyer.com/?p=1616#comments Mon, 13 Jul 2009 13:05:12 +0000 Robert Abtahi http://www.youngtexaslawyer.com/?p=1616 The confirmation hearings for Second Circuit Judge Sonia Sotomayor begin today at 9 a.m., and they are expected to last through the week. Sotomayor has already received the top rating from the American Bar Association, and polls show a slim majority of Americans believe she should be confirmed to be an Associate Justice of the U.S. Supreme Court.

The committee that reviews applications for admission to the bar interviewed Bowman and evaluated his debt. They called his persistence remarkable and recommended he be approved to practice. However, five state appellate judges did not agree. This spring those judges decided that Bowman’s student loans were too big for him to practice law in New York.

The judges wrote, “applicant has not made any substantial payments on the loans… applicant has not presently established the character and general fitness requisite for an attorney and counselor-at-law.” So now Bowman finds himself in a lose-lose situation. He amassed this debt in his efforts to become a lawyer, but now he is told that he has too much debt to be a lawyer.

In Texas, the general standard for admission is don’t lie, cheat, or steal. After all, those are issues of moral turpitude and could be an indicator of a lawyer’s poor character, but too much in student loans sets a scary precedent.

Granted that $400,000 is a lot of debt, but if not allowed to practice then how will Bowman ever be able to pay it back. Perhaps there is a state out there that will admit him regardless of his debt, unfortunately he’ll probably rack up more debt studying for their bar exam.

The implication of Mr. Casey’s article is that lawyers are an unethical bunch who aren’t fit to give anyone advice on the “right thing”. As evidence of his proposition, he cites the “recent survey” canard familiar to all lawyers and law students.

“The last poll I saw showed them ranking barely above car salesmen and journalists in public esteem.”

Look, most lawyers have met ne’er-do-well lawyers during the course of practicing, but ours is a noble and ethical profession. Lawyers have more ethical rules and guidelines than nearly any other profession, and unlike many professions, our livelihoods are directly related to how ethical we are. Don’t believe me? Take a look in the back of the bar journal, and read the list of former lawyers who didn’t act ethically.

That insult aside, Mr. Bacarisse sought a legal opinion from the County Attorney regarding the effect of the ethics ordinance – a law – before engaging in activity that he thought might run afoul of the law or the city’s ethics rules. For that, Mr. Bacarisse ought to be praised, not vilified.

It’s no wonder Mr. Casey’s poll found journalists are held in lower esteem than lawyers.

Written by YTL Contributing Author Eric Hudson

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Dr. Robert Lindeman and his attorney found out about this the hard way in May of 2007. Lindeman was blogging under the alias “Flea” about his experience as a medical malpractice defendant during the trial. The plaintiff’s attorney discovered his true identity and exposed the blog on the witness stand, the case immediately settled.

After conducting extensive due diligence on opposing parties, follow up by clearing up any questions during depositions to prevent an ambush at trial. It’s also fair to assume that your opponent will be conducting a similar search of your client’s online presence. Make sure you ask your clients about all of their online activity and conduct a thorough review prior to filing any type of legal action. Risk management of such pages becomes an important issue the more readily personal information becomes available on these sites.

Important evidence can be found on social networking sites, but make sure you ask properly. There are some very serious ethical concerns and consequences regarding the use of these sites by attorneys. Preparation and awareness about these sites is an absolute must for both your client’s sake and the case.

One of the main reasons that the same old trial lawyers continue to get huge “bet the farm” cases from big corporations is because the current generation of attorneys have never had the chance to learn their trade on smaller cases, so when the big ones come calling no one is willing to trust them. Experience, above all else, is the most major factor in making for a great lawyer. The more experience you have, the more things become second nature. There is a saying amongst Surgeons at teaching hospitals, regarding the different procedures they perform, that goes “learn one, do one, then teach one.” Lawyers should live by the same mantra. Although no matter is always the same, you should learn it, do it, teach it, and then work on getting better at it.

Another problem firms that don’t effectively groom young lawyers will find themselves with is retention of talent. Hungry young minds need to be fed. The only ones that will sit idly by and merely do as their told are the lawyers that don’t want to learn and see their careers as just jobs. These employees are there strictly for the pay check and are generally the type that you don’t want around. Eventually, your real talent leaves to go learn their trade and you’re left with the ones that can only do the cookie cutter work you’ve been doling out over the years.

As a young attorney it is your job to make sure that you are learning as well as working. You can’t do that if you aren’t willing to speak up and take on some more responsibility. At some jobs this is easy and at others its hard. If they make it too hard, then you probably should start looking elsewhere.

UPDATE: Firm starts apprenticeship for first years.

In the opinion, written by Justice Kennedy, the court concluded that, given the “serious risk of actual bias,” the Due Process Clause required the recusal of Judge Brent Benjamin. Case background and amicus briefs on the merits can be found at the Brennan Center For Justice. Below is the BLT Q&A with Phillips:

Q: What do you think is the main significance of Caperton?

Phillips: “Caperton established a principle that is really important: There are constitutional concerns with a judge sitting in judgment of a case where a party is a significant donor. At some point, the support becomes so substantial and so overwhelming that due process requires the judge to step aside, even if neither the donor not the judge did anything illegal or even unethical. Until now, that was an unanswered issue. That’s the most important thing in the case.”

Q: What are the misperceptions about the ruling?

Phillips: “Some have suggested that judges can never rule in any case where parties to a case or their attorneys are donors. It does no such thing. The holding, as I read it, is that due process is only violated when ‘[1] a person [2] with a personal stake in a particular case [3] had a significant [4] and disproportionate influence [5] in placing the judge on the case . . . [6] when the case was pending or imminent.’ Given how narrow that holding is, I’m not sure Caperton will ever be direct precedent for another recusal.”

Q: Why would the case not be a precedent?

Phillips: “There just aren’t a lot of cases where a large contribution can be attributed to a desire to affect the outcome of a particular case. Even the trial lawyers or the Chamber of Commerce spend millions of dollars in trying to influence the outcome of judicial races in a particular state, they are most likely spending money donated by a large number of individuals who are broadly interested in judicial philosophy. Not all of the donors will be trying to secure a particular outcome in a particular case. And unless they are, Caperton will not apply.”

Q: So when Chief Justice Roberts, in his dissent, worries about “Caperton motions” being filed in every case to recuse a judge, you don’t share that concern?

Phillips: “As the majority pointed out, past constitutional recusal cases have not spawned a lot of motions. The majority opinion recognized, even urges, states to pass recusal rules that are more rigorous than the due process floor in order to ensure the appearance and reality of impartial judges. The Caperton case may cause more of those rules-based motions to be filed, and state courts may have to grapple with the types of problems that the Chief Justice raised. And, on the whole, it will be good for these rather murky questions to be fleshed out. And, moreover, it will be good to have a heightened interest in what is required to have fair and impartial justices on the bench.”

Q: What could that heightened interest lead to?

Phillips: “I hope this decision will spur states to focus on whether our 19th century method of selecting judges works well in the 21st century. The old friends and neighbors method of selecting a judge has been replaced by the need for expensive media campaigns to explain who the candidates are, and the vast amounts of money at stake in the civil justice system has attracted these huge independent attack ads that so damage the credibility of our justice system. Now, more than ever, states need to scrap partisan contestable elections for the courts.”

Q: What does the decision say about the difference between judicial elections and other elections?

Phillips: “That’s another important principle in the case. No one would say that a Senator couldn’t vote on armed services appropriations merely because the defense industry had spent large sums in connection with the senator’s campaign. And yet that is precisely what the Court held with respect to a state judge. The opinion affirmed that, even if judges are selected in precisely the same as political officials, they have a fundamentally different role in government that raises concerns that are of constitutional magnitude.”

]]> http://www.youngtexaslawyer.com/?feed=rss2&p=1439 0 http://www.youngtexaslawyer.com/?p=1440 http://www.youngtexaslawyer.com/?p=1440#comments Mon, 08 Jun 2009 05:09:56 +0000 Robert Abtahi http://www.youngtexaslawyer.com/?p=1440 Back in April, we wrote about the “no-refusal” weekends during which the police department keeps judges on standby late into the night to issue warrants allowing them to draw blood for DWI suspects. This process will soon become standard operating procedure in Texas.

The Texas legislature passed key legislation during their last session that relaxed the requirements for obtaining a warrant to draw blood from a driver suspected of drunk driving. The bill is known as the Nicole “Lilly” Lalime Act.

Previously, only certain judges could issue the necessary warrant relating to suspected DWI offenses. Now the law has been changed to permit any magistrate who is a state-licensed attorney to issue a blood search warrant. Jails already have these magistrates available to around the clock and can now use them to issue blood warrants. The Dallas Police Department has already scheduled to go full time with blood search warrants in September of this year and other law enforcement agencies throughout the state are sure to follow.

This is both good news and bad news. Things won’t turn around until the layoffs slow down and eventually stop all together. The economy has to stop contracting before it can start growing.

Above the Law

If a firm’s partners concentrated more on keeping late arriving associates busy then perhaps they would be forced to come to work earlier. My guess is that issues like this don’t arise during an economic boom, because there is plenty of work to go around. When you are tracking your employees work in six minute intervals, is it really necessary for them to get in at a certain time to browse the internet since there is nothing else to do.

Granted, there is a need to know the people you work with and being in the office, but why is the biggest issue during an economic downturn for the managing partner of a huge New York law firm the time its associates get to work. Perhaps it’s because he has no real work to do.

The full memo from Charles Kerr:

As we move into the summer, I thought it would be a good time to remind everyone about the expectations in this office about when the work day begins. We are, at core, a client service institution, both internally and externally. This means that is we need to plan our schedules to meet our clients’ needs and expectations. More importantly, the strength and value of our work depends on being able to communicate with and reply upon our colleagues and if folks are simply not around, that is harder to do. While I recognize that the changing face of our technology has allowed us to accomplish this in new and novel ways, it is still an important part of our business that each of us can depend upon and interact with our co-workers on a consistent basis.

In light of this, it is very important that folks get to work on time. If it was up to me, that would mean jumping jacks at 8:00 a.m. in the lobby. I am not sure, however, that I have convinced everyone that that is the right approach.

Our office’s work day does begin, however, no later than 9:30 a.m. each morning. Therefore, as a general matter, everyone should plan their early morning activities so that you are in the office ready to go at that time, i.e., rolling in at 10:00, 10:30 or 11:00 a.m. on a regular basis is not acceptable. I realize that there always exceptions and I respect that, as professionals, we are able to manage our own time. Therefore, I encourage each Department and Practice Group to address these issues to make sure that we are all working together to deliver our best work.

From the comments made at Above the Law, it seems that some take issue with these programs and see them as unnecessary social welfare. The secret reality of student loans is that if you manage your loans responsibly then there are tons of options out there to let you pay them back and still live a reasonably comfortable life. It’s when you ignore your finances that you get into trouble.

Regardless of what happens in the future, the current economic downturn has put interest rates at all time lows and those rates will reset again on July 1, 2009. Stay current on your finances and the news that affects them.

Here’s a remedy: (1) stop giving the same attorneys all the work; (2) start gradating the work based on ability and case experience; and (3) start a formal mentoring system to develop a farm league of sorts for young defense attorneys.

Stop giving the same attorneys all the work. I was shocked to read that the attorney suffering the most criticism, Jerome Godinich, accepts misdemeanors and federal cases in addition to the over 300 state cases he handles. Can it be that no other attorneys are available, and that Godinich is simply filling the gap left by a paucity of attorneys? Take a look at the bar register, and I think you’ll find that isn’t the case. Perhaps the people assigning the cases think he is just the best man for the job. If that’s true, I would like the people heading the appointment office in Harris County and the people heading the CJA panel for the Southern District to explain how it is that a man who accepts nearly three times the ABA recommended number of clients is the best person to keep getting cases. Share the wealth, and give some young attorneys some experience.

Start gradating the work based on ability and case experience. The appointment system, so far as I can tell, requires only that an attorney show proof that she has handled a requisite number of cases. The system doesn’t look to the ability of the attorney or the attorney’s skill set. Frankly, as a former public defender, I can tell you that I would rather have a young, diligent attorney with limited experience than an attorney who is running a plea mill. Of course, the current system doesn’t make the distinction. Until the current system begins evaluating attorneys based on ability, Houston won’t develop enough competent attorneys to handle the overflow of complex, high-stakes cases against indigent defendants.

Start a formal mentoring system. Houston, for some reason, prefers a patronage appointment system to a public defender’s office. Putting aside the debate over which is better, I can say that the current method does not provide a true mentoring system in the area. Defense attorneys, unlike district attorneys, are faced with running a business in addition to practicing law. Hence, every new face accepting criminal clients is another competitor in the world of Houston defense attorneys. That isn’t to say there aren’t helpful defense lawyers. I’ve met a few. That said, business people aren’t in the business of helping the competition. For every attorney helping you out, there are ten others looking at defense work as a zero sum game. It is time for the defense bar to push for a formal mentoring system that will create a generation of competent, dedicated defense attorneys.

Fix those problems, and perhaps Houston will begin to develop a farm league of sorts for the defense bar. Houston desperately needs a base of attorneys that are capable of taking higher level cases off the hands of attorneys handling capital offenses, but to get that, you have to develop a generation of young attorneys capable of taking the lower level cases off the hands of more senior defense lawyers. Until that happens, I think the current system will continue denying acceptable representation to criminal defendants.

Written by YTL Contributing Author Eric Hudson

Teams: This year’s competition features 12 teams from SMU, Baylor, South Texas, LSU and Texas Wesleyan.

Rounds: The rounds will last about 2 hours.
Friday, June 19 at 6pm
Saturday, June 20 at 9am
Saturday, June 20 at 2pm
Sunday, June 21 at 9am
Sunday, June 21 at 2pm (presided over by Judge James Stanton)

Location: Rounds will be held on the 3rd Floor of Florence Hall at SMU Law School.

Party: Free food and alcohol at the party on Saturday night for all the judges and students.

CLE: This is a great way to get CLE self-study credit.

Please contact randyblock@performancelp.com

Must Visit First

Designed for lawyers and all job applicants alike, these blogs, guides, and articles are full of tips for the job seeker.

1. Interviewing Guide: From the University of Southern California’s Gould School of Law comes this comprehensive guide to the law interview. Get an overview, tips for preparation, sample questions, and even a link for a guide to the call back.

2. Interviewing Tips: This is a free pdf from the Yale School of Law. It helps law applicants prepare, dress, make an impression, and more.

3. Preparing for Your Interview as a Lawyer Should: Get this pdf from the Stanford Law School for no charge. It contains tips for research, being your own advocate, and bonding with the interviewer.

4. Get on Track: This article gives readers tips for how to interview with a law firm. Learn how to research, dress for men and women, execute, and more.

5. Mock Interviews: These mock interviews include job description, questions, answer tips, and interview resources. Get them for a variety of attorneys and even one for court stenographer.

6. Skills for a Screening Interview: The Franklin Pierce Law Center offers this guide for those going on a screening interview. Learn how to prepare, practice, execute, and follow up.

7. Interview Skills: This is a list of interview questions for the interviewee, as well as the interviewer. Get questions for law firms, government agencies, corporate law, and more.

8. Top 10 Law Firm Interview Questions: From “why are you interested in this firm” and “what kind of plant would you be” this legal applicant gives ten common questions asked in a law job interview. You can also get his answers.

9. How to Nail a Job Interview at a Law Firm: Interviewing at a firm can be a scary prospect, but with the help of eHow, you can learn how to master it. Get tips on confidence, note taking, and more.

10. Occupational Outlook Handbook for Lawyers: The U.S. Bureau of Labor Statistics has put out this handbook containing job outlook, earnings, and more. Get the latest stats and information on the legal occupation before going for that interview.

11. Resume and Interviews: From HG.org Worldwide Legal Directories comes this guide for legal applicants. Learn examples of interview questions, etiquette, do’s and dont’s, along with help for resumes.

12. Illegal Job Interview Questions: Afraid that a potential law employer might ask an illegal question to test you? Then learn what is illegal for a potential employer to ask a job seeker from the Employee Rights Center.

13. Above the Law: This blog is full of news, gossip, and commentary on the legal profession. It also has a section for those in search of a job containing updates and tips.

14. Jobs: From the American Bar Association comes this article to show you how to get the interview right. You can also get links to more career and job search advice.

15. Job Interview Tips for Shy People: This law school graduate was shy, especially during interviews until learning these tips. They include preparation, proper body language, and even getting your friends to help.

16. Best Job Interview: This informative site has tons of resources for the job applicant. Get interview guides, tips for specific jobs, dress codes, and much more.

17. Find Your Perfect Job: Judi Perkins is a renowned career coach and offers several free articles for job seekers. Get tips on not being a defensive interviewer, the five questions to ask, and much more.

18. Nail Your Law Job Interview: Those willing to spend $12.23 at Amazon can get this guide to firm, clerkship, government, in-house, and lateral interviews. Natalie Prescott joined Latham & Watkins LLP in San Diego, California and authors this book.

19. Guerilla Tactics for Getting the Legal Job of Your Dreams: With used versions starting at $2.43, this book will help you get a job regardless of you grades, school, or experience. You can also get a sneak look inside the book, along with reviews from Amazon.

20. The Law Firm Interview: For $24.00 you can get this how to guide for students interviewing with law firms across the country. It gives an insider’s perspective into the ways that law firms recruit.

21. How to Crack a Job Interview Successfully: This book is available for purchase or download and is a complete guide to the perfect job interview. There is also a 60 day money back guarantee if you’re not satisfied.

22. Career Hub: This site has a free eBook on interviewing. Topics covered include effective planning, tips on taking control of the interview situation, advice on closing, and best approaches to salary negotiation. There are also free eBooks on networking, resume writing, and the job search.

23. The Interview’s Looming: Get this free eBook as a pdf download. It is full of advice for preparation and execution of the interview.

24. Closing the Deal: The same website also offers a free eBook on everything you need to know after you’ve had a job offer. It guides you from deciding whether or not to accept, through negotiating your salary, and quitting your old job with dignity.

25. Job Interview Questions Database: This site contains 150 job interview questions. You can go through them with sample answers, get situational questions, or even the occasional wild card.

26. The Interview Edge: Rebecca Metschke tells visitors to her site how to succeed in a global economy. Get tips for interviewing, salary negotiation, and much more.

27. 100 Potential Interview Questions: From Monster comes this list of questions that might be asked on an interview. Be ready for just about any question by reading this article.

28. Job Interview: Before going on that interview, be sure to visit this site for guides, common questions, and mock interviews. Also make time for the interview video section, where you can view tips for success.

29. Job Interview Do’s and Don’ts: The Law Career Blog has an entry specifically for those seeking a career in the legal field. In addition to these eight steps you can also get information on law schools, careers, and alternatives for lawyers.

30. The Ten Worst Job Interview Questions Ever: Prepare for an interview by looking over this list. Get humorous and useful answers, as well as questions that will have you reconsidering the employer.

31. Interview Prep for New Grads: Are you a recent college graduate going on your first set of professional interviews? Then read this article by Peter Vogt to learn how to stand out.

32. Interview Advice: From Job Seekers comes a series of articles to help you nail that interview. There are several to choose from, and if you still have a question you can ask on a forum.

33. Look Like a Winner: This column contains advice from the Career Encouragement Blog. Learn how to shake hands, dress, and what footwear is appropriate before you go on that interview.

34. Interview Survival Kit: From “The Washington Post” comes this guide to help you prepare for and survive the interview process. Get a list of improper questions, prepare for pitfalls, and make every minute count.

35. Telephone Interview Tips: This is an online community designed for women executives in financial services, law, and business. The Glass Hammer’s ask-a-recruiter section gives tips on how to perform a phone interview like a pro.

36. How to Ace the Interview: From the AARP comes this article for those 50 and over for interviewing. However, people of all ages will find it useful.

37. Interview with Confidence: Paul Powers is the author of “Winning Job Interviews.” In this article, he takes and answers common questions from job hopefuls about interviews and other related topics.

Mistakes to Avoid

In addition to tips to follow, there are many things to avoid during an interview. From the handshake to the follow up read the below for more information.

38. Make-or-Break Interview Mistakes: Liz Ryan is an expert on the new-millennium workplace and a former Fortune 500 HR executive. Get an insider’s perspective on what potential employees should avoid during an interview.

39. 13 Job Interview Mistakes to Avoid: From dressing wrong to asking awkward questions, get the don’ts from worktree.com. You can also get links to dressing correctly and phone interviews.

40. How Not to Act in a Job Interview: From GradView comes this list of actual mistakes candidates made in a job interview. From the hilarious to the most common, learn them all in this article.

41. 10 Common Job Interview Mistakes: Dave Sanford, executive vice president of client services at a staffing firm, helps you avoid blowing an interview. Tips include everything from not being prepared to being unrealistic.

42. Top 10 Interview Mistakes: CNN and CareerBuilder bring you this list of things to avoid in your job interview. You can also get a link to an article which tells you what information to leave out in an interview.

43. 12 Job Interview Mistakes: Business Week gives you the most common mistakes to the job interview process. You can get the dangers of being too rehearsed, how not to be a stalker, and more.

44. Eight Weirdest Mistakes: Rita Gunther McGrath, an associate professor at Columbia Business School, knows a thing or two about mistakes applicants can make. Learn how to avoid mistakes such as appearing too arrogant or too needy.

45. Avoid the Top Ten Job Interview Mistakes: AllBusiness shows you how to avoid spoiling all the work that got you in the door with these easy to follow tips. Learn the pitfalls of modesty, talking too much, and more.

46. Avoid These 10 Interview Bloopers: Poor handshake, early or late arrival time, and treating the receptionist rudely are just some of the tips you will get on this entry from Quint Careers.

47. 10 Job Interview Mistakes That Could Cost you the Job: Lifespy shows you how to not be a know it all, accept criticism, and more to nail the interview. You can also get links to other helpful articles.

48. Most Common Interview Mistakes: Learn how to avoid slip ups, incorrect attire, improper questions, and much more from this article from BookRags.

49. Top 10 Job Interview Mistakes: InterviewStuff tells you all you need to know about job interviews. Get the ten most devastating mistakes to avoid blowing the interview.

50. Top 10 Interview Blunders: Learn the balance between talking too much and too little, along with other tips from about.com. You can also get links to other helpful articles.

51. Avoid Common Interview Mistakes: This comprehensive article has an abundance of tips for mistakes to avoid while interviewing. It also has helpful links for background research techniques and more.

52. Survey Reveals Wackiest Job Interview Mistakes: Although difficult to believe, these outrageous mistakes actually happened during job interviews. Read to learn how to avoid them or just for a good laugh.

From the Pro’s

With advice from human resources personnel to professional lawyers, get advice from those on the inside.

53. Ask a Manager: This blogger manages a medium-sized organization and hires, fires, promotes, etc. If you’re not sure what your manager is thinking, or how to act in a second interview: ask away or read answers to other questions.

54. Evil HR Lady: With tons of questions concerning human resources, this site is ideal for those who want to see things from a different perspective. Make sure to use proper punctuation and capitalization when sending in questions of your own.

55. What Hiring Managers Think About During an Interview: Ever wonder what your interviewer is really thinking? Then read this blog entry by Anita Bruzzese with answers from actual managers.

56. Secrets of the Job Hunt: This site is where job seekers can connect with professionals through forums, blogs, and more. Be sure to check out the podcast and video sections containing loads of advice for job seekers.

57. Ask the Headhunter: Nick is a professional headhunter and blogs on business from his point of view. He also gives tips on interviewing, including when and how to reveal your salary history.

58. Your HR Guy: Lance is a Human Resources Generalist with five years of experience. Visit his site for inside career information, job seeking in a recession, and how to avoid stupid snap judgments.

59. How to Manage Human Resources: Learn the tips human resource personal get before making a hire on this site. You can also get other HR related links on this blog.

60. Ask A Question: This site provides expert answers to a variety of questions, including one for lawyers. View the archives, join a chat, or post your question directly.

61. HR Tests: This site gives recruitment, assessment, and personal selection from a human resource professional. With twenty entries on interviewing, you are sure to find something helpful.

62. Great Leadership: Dan is a manager at a Fortune “Great Place to Work.” Get advice directly from a manager, including for interviewing.

63. Hiring Process: From Anonymous Law Firm comes an inside look at hiring policies. Learn what the firms are looking for in first and second interviews.

64. The Coming Law Firm Hiring Crisis: According to Law.com, the big firm market is heading toward a hiring and retention crisis unlike any other. Stay ahead of this crisis by reading this article.

65. The Job Hunt: This recruiting expert discusses what legal applicants can expect in their coming job search. Get updates on the most recent lay offs, as well as predictions for hiring bursts.

Videos and Podcasts

Watch a video or listen to a podcast for advice on conducting a winning interview, as well as answers to sample questions.

66. Expert Village: This video series for advice on job interviews will tell you everything from what to wear to how to except graciously. With over 200 videos, you are sure to find something useful.

67. How to Interview for a Law Firm Position: Harrison is runs several legal companies and gives tips on how lawyers can interview for a job. You can get tips on jobs from summer position to senior associate.

68. Interviewing: From Employment Digest comes a series of podcasts and videos devoted to the interview. Learn about body language, making yourself memorable, and much more.

69. New Job Interview Videos: From Mefeedia comes this series of advice for the job interview. Learn what to wear, the best answers, and much more.

70. Job Interview Videos: From the best to the worst, get an array of videos of applicants applying for jobs. There are also links to other career related interviews including dress and salary discussion.

71. JobRadio.fm: This audio site gives career advice talk live twenty four hours a day. Recent episodes dealt with mistakes college graduates make during interviews, as well as an interview with a hiring manager.

72. Secrets of the Job Hunt: This series of podcasts contain a great deal of information for those seeking jobs. Be sure to check out the success for hire and ten tips to great interview conversation episodes.

73. Job Search and Interview Advice: Be sure to check out the do’s and don’ts of interviewing, along with what to wear videos on this site. There are also resources for those interested in video resumes.

74. How to Get a Job as a Law Student: If you are a law student and looking for a job, this video is ideal for you. It can also help you get summer clerkships and more.

75. Job Interviewing Videos: From Education Portal comes this series of instructional videos on job interviewing. Get tips on how to dress, follow up, the second interview, and more.

76. Interview Strategies for Summer Positions: The American Bar Association ran a “Young Lawyer Student Orientation – Your Questions Answered,” session where the panelists respond to an audience question on interviewing.

77. Law School Connect: This is a service to connect employers with potential applicants. The Demo section has a series of mock interviews for prospective applicants.

78. Job Search Minute Videos: These short videos offer every tip on interviewing from what to do before the interview to the toughest questions. There are also videos for resume help and job searches.

79. Examples of Good Job Interview Answers: These videos are from Denham Resources and their purpose is to provide the viewer with useful information that can be applied in an interview. Get answers for the toughest questions with these short videos.

80. Interview Tips: This collection of 31 videos tells you all about the interview process. Get tips on common questions and problems from experts.

Specialty

The below sites and articles where made with a specific portion of the job interview in mind.

81. Paralegal Job Interview Tips: Those applying for a paralegal position can get answers to common questions on this site. There are also links to other paralegal related information.

82. Sample Grad Resumes: Are you a recent law school graduate and need help preparing a resume? Learn how the students at New York Law School prepare theirs with these samples.

83. Back to Work: Resuming Your Legal Career After a Time Out: Are you going back to law even though it’s been awhile since you’ve practiced? Then read this article from the Harvard School of Law for the best way to do so.

84. Law School Personal Statements Advice: Before you get that interview, employers will want to see your personal statement. Get the best in advice, tips, and samples from Top Law Schools.

85. Funniest Law Interview Story: David Bernstein is a professor at the George Mason University School of Law in Arlington, Virginia. Get the humorous story of his interview as a law student with a big firm in D.C.

86. Most Unethical Law Firm Interview: The Is That Legal Blog recounts their story of an unethical interview. Learn what to avoid, as well as links to other legal horror stories on this blog.

87. LawInterview: Pamela Trudo is an attorney licensed to practice law in Maine, New York, and Colorado who conducts interviews with renowned attorneys. Learn how the professionals answer questions in this comprehensive series of interviews.

88. Composing a Thank You Letter: Learn when and when not to send a thank you note from the USC Gould Law School. You can also get a sample note.

89. Sample Interview Thank You Letter: Pierce Law gives these sample of thank you letters for legal interviews. The last example shows how to properly thank for multiple interviews.

90. Thank You Letters Following an Interview: Berkley Law gives advice on composing a thank you letter. Learn whether to use snail or email and get a sample note.

91. Interview Follow-up/Thank You Letters: Virginia Tech offers this simple guide to the thank you letter. Learn the benefits of hard copies versus email and more on this site.

92. Interview Thank You Letter: From Houston Job Search comes these three samples of thank you letters. Learn the right and wrong way to compose this letter.

93. Thank-You Letters: This site contains loads of information on writing a thank you note. Get examples, read the FAQ’s, or learn how to customize the letter to build on your strengths.

94. Thank You Letters: Learn why, when, and how to send out thank you notes from about.com. You can also get samples and a template.

95. Video Interview: Those conducting an interview via webcam or other device should read this article for tips. There is also a link to an article that will show you how to prepare for a video interview.

96. Business Etiquette: Not just for those with jobs, learn how to speak, dress, and compose a thank you note from Shannon Smith, an etiquette expert.

97. Student Lawyer Magazine: This publication is a must have for new lawyers seeking jobs. On this site, you can get a subscription, read an article, and more.

98. How I Got My Job: Be sure to listen to this podcast to hear the success stories of those who have landed jobs in a variety of careers. Even if it is not the career you are currently interested in, you are sure to find something helpful.

99. Top Ten Video Resume Tips for Candidates: Interested in doing a video resume? Then read this article to learn how to make a video that will truly stand out.

100. The Lawyer Job Interview Translator: This site is ideal for candidates who need a laugh. Just ask the question, get an answer, and the hilarious translation on this humorous site.

1. @22twts: Helping lawyers tell their stories, one tweet at a time.
2. @ABAjournal: Continuous news updates from the United States’ most-read and most-respected legal affairs magazine and Web site.
3. @amlawdaily: The source for daily legal business news and analysis of leading law firms.
4. @aricpress: Aric Press is editor-in-chief of The American Lawyer, an Incisive Media publication.
5. @barrettdavid: The LinkedIn Lawyer; solid content and links in all tweets mostly about social media with a few potential client referrals.
6. @dougcornelius: Chief compliance officer for a real estate private equity company trying to stay in touch and up-to-date with the world. GeekDad.
7. @jdtwitt: JD Supra. Ex-Yahoo writer. Editor. Poet. All-around word guy.
8. @justiacom: Justia Web site and lawyer directory announcements.
9. @kevinokeefe: Lawyer, dad to 5, husband to saint, Cubs-Packer fan. CEO of LexBlog, provider of professional blogs to law firms; operator of LexTweet;LexMonitor.
10. @lancegodard : International legal business development and marketing consultant. I help law firms grow and prosper.
11. @legalblogwatch: Blawgers Robert Ambrogi and Carolyn Elefant track, discuss and parse the latest developments in the legal blogosphere.
12. @mashable: The hottest Twitter news, Twitter tips and Twitter help. Plus, the best social media links around!
13. @mbeese: Leadership, biz dev and marketing consultant that works with lawyers and other professionals.
14. @michaelport: Bio father, friend, lover, revolutionary, big thinker … and best selling author.
15. @nancyfox: Business development; networking specialist and connector.
16. @nancymyrland: Professional marketing adviser: Are you ready to grow?
17. @neenjames: International productivity expert.
18. @philacourts: Philadelphia court news.
19. @taxgirl: Mom, tax lawyer, coffee drinker, manic blogger, iPod addict — not a sleeper.
20. @thelegalintel: The Legal Intelligencer is the nation’s oldest daily legal newspaper.

She is a self-described “Newyorkrican” who grew up in a Bronx housing project after her parents moved to New York from Puerto Rico. She has dealt with diabetes since age 8 and lost her father at age 9, growing up under the care of her mother in humble surroundings. As a girl, inspired by the Perry Mason television show, she knew she wanted to be a judge.

UPDATE: From the AP… President Barack Obama named federal appeals judge Sonia Sotomayor as the nation’s first Hispanic Supreme Court justice on Tuesday, praising her as “an inspiring woman” with both the intellect and compassion to interpret the Constitution wisely.

Obama said Sotomayor has more experience as a judge than any current member of the high court had when nominated, adding she has earned the “respect of colleagues on the bench,” the admiration of lawyers who appear in her court and “the adoration of her clerks.”

“My heart today is bursting with gratitude,” Sotomayor said from the White House podium moments after being introduced by Obama.

Ginger Weatherspoon, who worked in the OAG’s child support division from July 2006 until November 2008, alleges in her original petition in Weatherspoon v. Office of the Attorney General of Texas that in February 2008, James Jones and Harry Monck, then-senior regional attorneys in the Dallas child support office, tried to coerce her to sign an affidavit containing “numerous misrepresentations” about a conversation she had had with 254th District Judge David Hanschen. Weatherspoon further alleges in the petition, filed in the 44th District Court in Dallas, that Jones and Monck “confined her in a room against her will” after she refused to sign the affidavit.

In Pennsylvania, the Philadelphia Bar Association’s Professional Guidance Committee has issued a recent opinion regarding an attorney’s proposed investigation of a witness’s Facebook page. The lawyer tried to use a third party to send a friend request to the witness with the hopes that the witness would accept it and the lawyer could use the third party to gather information about the witness for impeachment. The Philadelphia Bar essentially shot down the idea and labeled it deceptive. Taking the behavior outside the context of the internet should help get the answer to any ethics questions regarding social networking sites. If you trick a witness into befriending a third party in real life then you’ve definitely crossed the line and therefore to do so on Facebook is essentially the same.

Just last week, The Wall Street Journal released a list of rules for “professional conduct” amongst its staff members. The list included a host of policies regarding the use of online activities on social networking sites. Also last week, the Fort Lauderdale City Attorney issued a memorandum warning the mayor and other elected officials to stay off of Facebook and avoid having any type of website if possible. In his memo he wrote:

It is a simple fact that the state of the law is lagging woefully behind the state of the art in communications technology. This presents unique challenges in following the intent and the letter of these laws regulating public meetings and communications of local government.

It’s only a matter of time before law firms begin the same practice, if they haven’t already done so. As we’ve stated before, keep a close watch on your behavior on such sites. Make sure you aren’t the one for which a new rule will be written. If you wouldn’t do it in person, don’t do it on the web.

1. Find a mentor, either within your firm or in the legal community; your mentor should be someone with professional experience who is willing to share it.
2. Join your local bar association and sister bars or affinity bar groups.
3. Attend professional development CLEs and courses in the practice areas that interest you.
4. Schedule informational lunches with attorneys to gain insight into the profession and your practice area.
5. Be considerate of your mentor’s time.
6. Don’t be afraid to ask questions.
7. Network and create visibility for yourself.
8. Go to the courthouse and sit-in on hearings and trials.
9. Always project a professional demeanor in and out of the legal community.
10. Establish a reputation for being competent and ethical.
11. Be patient.

One would think that most clients are aware of the practical uses of an “out-of-office” reply, but as usual, law firms are on the outside looking in when it comes to using technology efficiently.

Although this is common sense for most people, you would be surprised how many young attorneys quickly create a reputation as being socially awkward. Below is only a portion of Nelia’s article:

• Partners: As an associate, keeping partners happy is — or at least should be — the No. 1 priority. Without their approval, new lawyers might well be out of a job. Until associates develop to the point that they have their own clients, the partners fill that role.

• Legal assistants: A little respect makes a big difference in office relationships.

• Opposing counsel: Dealing with opposing counsel can be an intimidating task for a new associate. But no matter how many years he has been practicing, no matter how daunting her reputation, opposing counsel is an attorney and a human being.

• Clients: Clients are the bread and butter of any firm, and it doesn’t take a genius to know that they should be treated with respect. Associates entrusted by partners with client contact need to please the client and the partner. When contacting the client, communicate clearly and succinctly, and keep the partner in the loop.

The widely known business school notion that any business model can be boiled down to that of a lemonade stand runs true in the legal world too. Any law firm, no matter the size, can be boiled down to a solo practice. Just as our friends at Naeem & Regueiro have to tap the shoulders of family members to stay afloat, so do the likes of mega firms such as K&L Gates. And just like Microsoft, Aunt Agnes will look elsewhere if she feels like she isn’t getting the best possible representation, family or not. Look at the competition and take their ideas, borrow them, and tailor them to fit your needs. Learn from the best and you’ll always stay ahead of the rest.

Budget woes mean funding for the law school remains uncertain, at least for the next two years. At that point, officials could come back to the Legislature again for funding, or seek tuition revenue bonds instead. But for now, the budget the Legislature is poised to approve does not include the $40 million needed to establish the school. YTL’s previous UNT Law School Update.

Some firms have resorted to only hiring second-year associates and above, in many cases, only third-years. This practice makes sense when you account for how much it costs to train new lawyers, especially considering the abundance of laid off, well trained lawyers scouring for jobs. This begs the question, if employers only want trained lawyers then where will the recently licensed be trained.

A panel discussion titled the “Future of Innovation” at the 3rd Circuit Judicial Conference in Philadelphia saw representatives from four prominent, yet very different, law schools talk about how they’ve been trying to better prepare their students for life after graduation and top law schools are moving towards a more practical curriculum.This sounds like a sensible solution, but it’s going to take time to implement and probably won’t work for the simple reason that academics and practitioners live in very different worlds.

The stark reality is that more of the onus is going to fall on young lawyers to train themselves and find their own mentors. Those are two principles that this site was founded on and will continue to strive to achieve, but a website can only do so much. As YTL has stressed before, local bar associations are a key factor in developing both your network and your skills, but just as it takes a village to raise a baby, it takes more to raise a lawyer. Utilize all of the resources at your disposal and don’t feel ashamed or embarrassed to ask questions. Pick the brains of those ahead of you and you’ll never be behind.

If you’re filing a claim against the postal service, don’t just drop it in the mail because the courts won’t apply the ordinary presumption that a letter mailed is a letter received.

In a holding fraught with irony, the 3rd U.S. Circuit Court of Appeals has declared in Lightfoot v. United States that the so-called “mailbox rule” cannot be invoked against the U.S. Postal Service to save an otherwise time-barred claim. Instead, the court said, a plaintiff pursuing a claim under the Federal Tort Claims Act has the burden of proving that the federal agency was “presented” with a timely administrative claim, and that proof of mailing is not enough.

“The term ‘presented’ in the filing of an administrative claim means more than merely mailing the claim,” visiting Judge Richard G. Stearns of the District of Massachusetts wrote for a unanimous 3rd Circuit panel.

1. Fastcase & Casemaker (These are only free through your state bar)
2. FindACase
3. PreCYdent
4. The Public Library of Law
5. AltLaw
6. Justia
7. FindLaw
8. Public.Resource.Org
9. LexisONE
10. Legal Information Institute

For a complete run down of the sites check out the article linked above.

“It should also be understood that we will only offer this option now and should you, for whatever reason, ultimately not join Stroock, this option will not be available,” the letter said.

Those who decide to pass on the offer and stay with the firm will have to delay start dates until January 2010; the firm will cover bar fees and provide a cash advance of $10,000 in addition to covering some moving expenses. Those who choose to delay for more than a year, starting in January 2011, will receive a $50,000 stipend provided they find some nonprofit or public interest work.

Excerpts from the letter to incoming associates after the jump.

…the start date for the incoming class will be January 11, 2010. Prior to this date, you will be expected to take and pass the New York bar exam. We will cover related expenses for both the bar review course and the bar exam itself. We also will make available to you a cash advance of $10,000 in September to help cover your expenses. In addition, if applicable, we will reimburse your moving expenses to New York, up to $2,000.

Second, we offer the opportunity to defer your start date until January 2011. If you select this option, we will provide you with the cash advance in September and, starting in January 2010, will provide you with an annual stipend of $50,000 to be paid monthly for so long as you secure an approved position in the public interest field… for a period of up to one year… Following this deferral, the current expectation is that you would start with the Firm in January 2011, although this is subject to change depending upon our hiring needs at the time…

Lastly, the Firm recognizes that you may wish to pursue other opportunities, outside of Stroock. If this is the case, we will make a total payment to you of $75,000, half payable in September 2009 and half in January 2010. By accepting this payment, it should be understood that you would have no current or future obligation to Stroock, nor would we to you.

“Law firms are re-imagining how to use lawyer talent,” said James Leipold, executive director of the National Association for Law Placement.

Firms are starting to ditch the billable hours approach and use flat rates to lure top-notch corporate clients. By the same token, clients are beginning to pay closer attention to the services they receive from their lawyers and the value that those services bring. In fact in the United Kingdom, General Electric took a more radical approach and staged an online auction to determine who would handle their legal representation. Large European firms are going through a period of rapid deregulation after Britain’s Legal Services Act of 2007, amongst other things, allows for non-lawyer ownership of law firms. Such approaches have yet to materialize in the U.S. but regulators might be looking overseas to see how it works.

The law deals with the same sort of questions as politics: what makes a just society; the balance between liberty and security, and so on. Lawyerly skills — marshalling evidence, appealing to juries, command of procedure — transfer well to the political stage. So, sadly, does an obsession with process and a tendency to see things in partisan terms — us or them, guilty or not guilty — albeit in a spirit of loyalty to a system to which all defer. In common-law countries, the battleground of the court is of a piece with the adversarial, yet rule-bound, spirit of politics. Even in places with a Napoleonic code, lawyers abound. In Germany, a third of the Bundestag’s members are lawyers. In France, nine of Nicolas Sarkozy’s first cabinet of 16 were lawyers or law graduates, including the president, the prime minister and the finance minister, an ex-chairman of Baker & McKenzie, an American law firm.

We are, after all, “a nation of laws and not of men,” so what better profession to run such a nation than its brightest legal minds. Many will undoubtedly disagree, but they are probably just bitter military leaders and engineers.

The most common deep web use for attorneys is Lexis and Westlaw. Kim Walker at The Legal Intelligencer writes a great article, “Dive into Deep Web Research,” that outlines the most effective search techniques and how to use the deep web as efficiently as possible. Ms. Walker has been a paralegal for 27 years and her tips are very useful for anyone looking for information that is somewhere out there, but just can’t be found.

Some of her tips include:

1. use correct spelling;
2. use synonyms (if you are searching for an expert’s opinion on a topic also use the words “perspective,” “viewpoint” or “stance.” A thesaurus can help you);
3. use lower-case letters to find both uppercase and lowercase terms;
4. use quotation marks to find an exact string or phrase “The Rolling Stones” or “smallpox vaccine.” This is a good search technique when looking for names or titles;
5. use the Boolean search terms — AND to find both terms, OR to find either or both, NOT to find the first term but not the second;
6. use the wildcards (?) to replace one letter (m?n will search for man and men); (!) to replace any sequence of any number of letters; (politic* will search for politics, political or politicians;
7. take the time to formulate a search to get the best results in the most effective manner. The UC Berkeley Library provides a helpful form to assist in formulating your search in a logical way.

Google has committed to digitizing every book ever published and the next five years will see some major changes in online research. Young lawyers need to be aware of those changes if they wish to stay competitive and relevant.

Regardless of your feelings on wrongful convictions, this series should provide a ton of insight into a realm of the law that most young attorneys only hear about. Below is a brief clip from tonight’s first episode.

Three months after passing the bar, young Texas lawyers Jennifer Regueiro and Sana Naeem have set off to start their own law firm, Naeem & Regueiro, PLLC. They’ve been operational for only a few months and have agreed to let YTL have a peak into their experiences while “flying solo.”

In starting out, we have relied heavily on our family members as both a source of referrals and as clients.  So, spurred on by the desire to help the ones we love (not to mention, the desperate need to pay bills), we have taken on quite a few family members as clients.  Some have been appreciative and respectful, others have been demanding and arrogant, but all of them have leveraged the family connection at least once during the course of the attorney-client relationship.

There are certain issues to be wary of when contracting with kin.  First, if you mess up, they will tell your mother.  Second, the concept of attorney-client confidentiality is usually the first thing to go.  It’s never fun to have Uncle Herb inquire as to the Notice of Seizure that his son received two weeks ago.  Thus, bringing us to point three: family brunches can quickly morph into impromptu legal question/answer sessions with you fielding inquiries from client-relatives, while non-client-relatives feel compelled to share their two cents (or lack thereof).  The fourth, and most uncomfortable, is the issue of billing.  Is it really, truly right to charge poor old Aunt Agnes, who never once forgot your birthday, $175.00 an hour for your work drafting a cease-and-desist letter to an evil creditor who called her twenty times a day after her post-hip replacement hospital stay?

With all these headaches, is it even worth it to take on client-relatives? After living through it, our answer is still a solid, but qualified, “Yes!” Assuming, of course, that there is a legal basis for their claims and they don’t suffer from the type of schizophrenia that will suck all of your energy and time, these are the people who will refer you to their friends if you do a good job.  In all likelihood, they are very proud of you and thrilled to have a lawyer on their side.  Moreover, most of the above concerns can be addressed with a little bit of forethought and aplomb.

First, don’t mess up.  Do your best and if you’re confused or unsure about something, ask a more experienced attorney.  And if you do mess up, call the client-relative ahead of time with an explanation and a possible solution.  Also, give your mom a heads-up (without blowing confidentiality) so she’ll be better prepared to handle the family drama about to ensue.  Second, when a prospective client-relative approaches you with their problem, spend some time explaining the confidential nature of the attorney-client relationship, and how easily it can be blown.  Reassure them that you are deeply honored that they are willing to trust you with their problem and that you are bound by that trust.  Also, clarify that when family is around you prefer not to discuss the details of their case.  If they have any questions, they can call you or visit your office.  This talk usually takes care of the third issue, as well.  If, however, a sticky situation arises at brunch, firmly, but politely, decline to entertain any questions regarding the case.  Stick to your guns, no matter how uncomfortable it may get.  Finally, with regards to charging Aunt Agnes, remember that your time is worth something.  But do give family discounts.  In your monthly fee bill, compute the hours you have worked at your usual hourly rate.  Clearly state that amount.  In the next row, write the amount that you are discounting.  Follow it up with the final charge.  This clearly signals to your client-relative that you appreciate that time they took you to the zoo in the third grade.

All in all, family can be an instant and rich source of referrals.  But remember Ethel Mumford’s words: “God gave us our relatives, thank God we can choose our friends.”

Written by YTL Contributing Author Sana Naeem

With layoffs looming, it’s only natural that those awaiting to become lawyers have more to worry about. Odds are the offers will dwindle and the paychecks will get smaller. There is little that any single person can do about the economy, so just buckle up and ride it out.

YTL first wrote about this topic in early March and got some interesting reader feedback. As more time passes, it appears as though this school is getting closer to becoming a reality.

It’s a win/win for everyone, except perhaps the people who decide to go to trial in municipal court in Houston. This week, five associates from Andrews Kurth in Houston started training with the city attorney’s office for a 20-week stint as volunteer prosecutors in muni court. The associates pick up rare trial experience before juries, the firm benefits from their training, and the city attorney’s office gets more lawyers to prosecute Class C misdemeanors, which include traffic tickets and city ordinance violations.

Check out the full article here.

On April 17, 68th District Judge Martin J. Hoffman of Dallas issued an order compelling former President George W. Bush to testify in a deposition. According to Hoffman’s order, Vodicka and intervenor Robert Tafel allege in Gary Vodicka, et al. v. Southern Methodist University, et al. that SMU and the school’s emissaries were involved in a plan to take over condominiums near the school — one of which Vodicka owned — because the university needed land for the presidential library.

SMU, the judge wrote in his order, has claimed that it purchased the condos for the purpose of providing university housing. Hoffman denied Tafel’s motion to depose former First Lady Laura Bush. Bush and the George W. Bush Foundation will file a petition for a writ of mandamus, says their lawyer John Martin, a partner in Thompson & Knight in Dallas.

Texas cities dominate a new list of the best places for jobs, with the top five large metropolitan areas for job growth all located in the Lone Star State, according to Forbes magazine.

Nine of the top 20 cities on Forbes’ overall list are in Texas, with Odessa ranked No. 1. Dallas-Plano-Irving ranked No. 5 in the magazine’s list of the best large-size cities and 32nd overall. According to U.S. News & World Report, “Texas Rules for Jobs.”

Three months after passing the bar, young Texas lawyers Jennifer Regueiro and Sana Naeem have set off to start their own law firm, Naeem & Regueiro, PLLC. They’ve been operational for almost two months and have agreed to let YTL have a peak into their experiences while “flying solo.”

Breathe. Deep breaths. What have I gotten myself into? I never thought I’d find myself on the front steps of the courthouse breaking up a fight while five car alarms go off in the background. I have no training as a WWE smackdown referee. But that’s exactly the position I find myself in. A conversation between my client and her future ex-mother-in-law has escalated into an all out screaming match in seconds. I scrambled to pull my client back before any hair-pulling begins. But before I’m able to regain my composure, she squirms out of my grip and begins to run after her mother-in-law. Seriously?

Before my client catches up to her intended target and commits assualt, my partner Sana steps in and grabs her. She’s a rock star. This adventure would not be the same without her. It’s so much more fun when there’s someone to share all your setbacks and victories with. In describing our relationship, Sana says that she’s running after me with my parachute as I’m jumping off the cliff.

Thankfully, she also ran after the client and managed to stop the threat of violence. After a while, everyone has calmed down and gone their separate ways. We certainly didn’t think this was how our morning would turn out. Not only did we successfully represent our client in court, we also prevented her from assaulting someone!

And that’s the beauty of being out on your own. With the excitement and anticipation, everyday feels like Christmas. Tomorrow we may encounter the heartbreak of our printer/fax/scanner/copier’s rejection of our Mac computers, the fax machine’s refusal to fax, online tech support not being supportive, or accidently finding ourselves practicing in an area of the law we never even considered just because we unintentionally became certified attorney/guardian ad litems for probate court, instead of family court.

Written by YTL Contributing Author Jennifer Regueiro

A Houston man named Perry Mason was arrested on Tuesday, accused of practicing law without a license, officials at the Harris County District Attorney’s office said.

Spokeswoman Donna Hawkins said the 43-year-old has been charged with barratry, a third-degree felony. She said no other details were immediately available.

According to Texas Bar records, no one with that name is eligible to practice law in Texas.

TV defense attorney Perry Mason, played by actor Raymond Burr, won the majority of his cases during the original 1957-65 television series run.

Hopefully this isn’t news to anyone, because it is a serious matter. The only thing worse than having a mountain of law school debt is having a mountain of law school debt and no license to practice law.

A Texas appeals court has revoked the license of Houston attorney Frank P. Santulli III for failing to repay his student loans and other debt. The 3d Court of Appeals decision was issued on April 10, 2009 and point out the “serious consequences likely to befall” the revocation of the attorney’s license. Nonetheless it affirmed the ruling by a trial court that followed the recommendation from the Texas Board of Law Examiner to revoke Santulli’s license.

The panel in Austin found that because Santulli did not adhere to a previous order requiring him to pay his debts, he lacked the trustworthiness necessary to represent clients. Santulli, a solo practitioner, graduated from Texas Southern Univeristy Thurgood Marshall School of Law in 1998 and had about $67,000 in student loan debt. Santulli represented himself in the proceedings but said that he planned to hire a lawyer to appeal the decision.

Learn from both of Mr. Santulli’s mistakes, pay off your loans and never represent yourself in a matter.

The newly elected Watkins established the Conviction Integrity Unit in 2007 and the unit oversees the post-conviction review of over 400 DNA cases in conjuction with the Innocence Project of Texas. The Conviction Integrity Unit is the first of its kind in the United States. Since state law began allowing post-conviction testing in 2001, Dallas County has had more exonerations than any other jurisdiction in the nation. Some legal scholars have questioned the ethics of the show, but Watkins was given final cut on all six episodes to insure that there were no ethics violations. The show has been getting some attention from both USA Today and Entertainment Weekly in the weeks leading up to its premiere and should provide for interesting television to say the least.

• Myth 1: Know every fact
  • Know the relevant facts
• Myth 2: Be spontaneous
  • Preparation is everything
• Myth 3: Don’t worry, our expert has it covered
  • You’re the lawyer, not the expert
• Myth 4: Let’s divide the trial to keep it interesting
  • Juries like continuity, one case = one face
• Myth 5: Let’s not be patronizing to the jurors
  • K.I.S.S. – Keep It Simple Stupid
• Myth 6: Don’t try an arbitration like a jury trial
  • Don’t use arbitration as an excuse for less-than-stellar advocacy

These myths are all excuses for not being totally and utterly prepared. Chance favors the prepared mind!

Three months after passing the bar, young Texas lawyers Jennifer Regueiro and Sana Naeem have set off to start their own law firm, Naeem & Regueiro, PLLC. They’ve been operational for almost two months and have agreed to let YTL have a peak into their experiences while “flying solo.”

Phase 1 – start a law firm.

Phase 2 – ?

Phase 3 – profits.

It’s easy to state a goal and see the end game, but in between is where all the hard work is. Phase 2 is by far the most difficult. So much goes into making a business successful. It’s been two months since Sana and I have hung out our own shingle and we’re deep in the trenches of Phase 2. We didn’t have any start-up money, just the support of our friends and family. So far the most important part of Phase 2 has been establishing a network of attorneys and mentors. We spoke with every attorney we knew, we cold called solo practitioners and asked for any advice they could give us. We joined the Houston Bar Association, other professional associations, have helped volunteer at community events, and have attended every single free meeting or lunch that we could find.

I have been surprised by how helpful everyone is. I expected the competition I experienced in law school to extend into the profession. And maybe it does, but I haven’t encountered it yet. Established attorneys are more than happy to offer you any advice whether it be with the actual practice of law, business management, or with work-life balance. All you have to do is ask.

I was referred to one attorney who handles mainly international adoptions. I called him and laid it all out there – told him I was brand new to the profession, had recently opened up my own practice, had just received an international adoption case and had no clue what I was doing. He was amazing. I spoke with him for 45 minutes and he offered to review all petitions before I submitted them to the court. He also offered to go to court with me and introduce me to the judges. I was thrown that an attorney of his stature would offer so much help to me without even meeting me. His guidance has been absolutely invaluable.

You never know what’s going to come your way unless you go out into the trenches. Even though Phase 2 is the most difficult, it’s where  you come into your own as an attorney and realize the vast number of opportunities out there beyond your scope. In the end, all your hard work will pay off. By getting out there and meeting members of the community and other attorneys, you will have managed to establish a solid network of mentors, friends, and referrals.

Written by YTL Contributing Author Jennifer Regueiro

You don’t want to end up like the Wisconsin lawyer who made the appeals court so angry that they fined him $500, asked for an investigation into his conduct and gave him tips on proofreading. Oh, and lest we forget, humiliated him in front of the whole country.

Why put all your eggs in one basket?

It’s natural for associates to be assigned a practice group and never venture outside that group. The tendency is to impress the partners in that group and become an expert in the field the firm planned for you to focus on. This might be sound advice during economic expansion, but things have quickly changed.

As Ronald Quirk puts it, “partners don’t seek out associates they’ve never heard or, and isolation can be fatal to a legal career.” When the work dies down, it’s the associates that no one has heard of who will take the hit. If you aren’t billing then you aren’t worth keeping around. Do everything you can to meet everyone in the office. Attend bar functions, trade events, and don’t be afraid to offer some help to a partner in a different practice group. The more people you know, the more work you’ll get.

Think of yourself as a solo practitioner operating within the framework of a larger firm. The partners are your clients, and networking is key to client development.

There are legitimate concerns on whether these “no-refusal” programs are constitutional. Texas law states that if a suspect refuses to give a blood sample then “none shall be taken,” but the search warrants allowing for mandatory samples have been upheld by the Texas Court of Criminal Appeals. Beeman v. State, 86 S.W.3d 613 (Tex. Crim. App. 2002).

In Beeman, the defendant refused to consent or submit to both a breath test and blood test.  The police officer then obtained a search warrant for the defendant’s blood.  The blood was taken against the defendant’s will and it was argued that the Implied Consent law exclusively controlled how an officer could obtain a breath or blood specimen following a person’s arrest for DWI.  The Court ruled that nothing precludes an officer from obtaining a warrant if probable cause exists irrespective of whether a driver consents.

The Texas ACLU contends that such practices are a severe violation of an individual’s right to privacy. Regardless of where you stand constitutionally, this is a game changer for DWI attorneys. One would imagine that the U.S. Supreme Court will take up the issue sooner or later, but until then, attorneys will have to adjust.

Three months after passing the bar, young Texas lawyers Jennifer Regueiro and Sana Naeem have set off to start their own law firm, Naeem & Regueiro, PLLC. They’ve been operational for almost two months and have agreed to let YTL have a peak into their experiences while “flying solo.”

So this is freedom?  More like free-falling. How did I get here?  And by here, I mean before a District Court Judge set to participate in a Temporary Orders hearing, my very first time in court.

I’m reviewing the list of questions I plan on asking on cross one last time. My eyes, refusing to focus on the paper before me, keep skipping to the wall clock.  9:06 A.M.  The Judge is calling the docket. Two months ago, I would still be curled up in bed, fast asleep.  This morning, I woke in a cold sweat at 4 A.M. to finish prepping.

Wait, did the Judge just call out my client’s name?

I hear opposing counsel’s baritone confidently announce his presence.  I feel an elbow jab into my side.  It’s my mentor.  My moral support, my back-up. Action time.  I rise, nervously adjusting my suit jacket.  ”Sana Naeem, Attorney for Respon-err-um-Petitioner present, along with my client, your Honor.” Laughter ensues.  I watch the Judge chuckle.  I struggle to hide my inner bewilderment. Did I just forget what side I was on?! Wow, not the best start to a legal career. Thankfully, the shaky start didn’t foreshadow the rest of the hearing.  We procured a favorable order for my client, and I lived through another day without being sued for malpractice.  This painful situation is a microcosm, one that perfectly represents my existence as of late.  Stumbling in the dark, working frantically, making some incredibly embarrassing errors, and emerging from it all with a few bruises but the appreciation of knowing that I had risen to the occasion.

In February of 2009, my friend and I decided that we were going to start our own law firm.  We had graduated from law school in May of the previous year, and passed the Texas Bar in November.  She had a job with a big firm and a steady salary to feed her shoe habit.  I was semi-content doing part-time insurance work and sleeping in until 2 P.M.  We met once a week to complain about our lives.  An then, one day over half-priced sushi we decided to roll the dice.  Why?  Perhaps there was something in the wasabi?  No.  The culprit was a dose of insanity mixed with disillusionment with the status quo.  There just had to be something better out there. We weren’t afraid of hard work, but we wanted the freedom to do things our way.  Idealists to a fault some have said.  But we took the plunge anyway.

These days every morning is an adrenaline rush, a heady thrill of knowing that anything and everything will probably happen today.  Long gone are the nights spent bristling and grumbling.  We are fully devoted to this thing we have created, every obstacle is seen as an opportunity, and every tiny victory is joyously celebrated.  Never have so many doors been open for us and so many helping hands outstretched to guide us along the way.

So, I guess freedom does feel like falling. Here’s hoping success breaks our fall.

Written by YTL Contributing Author Sana Naeem

John, you said earlier in the conversation that you were just up in Boston, talking to law students at Harvard about their job searches. What did you say to them?

Well, first of all, I think that many of them are in a tough spot. Looking around at large firms isn’t easy these days because the students cannot be sure which firms are going to be around when they graduate. You can look at published numbers, which give a sense as to which firms are more or less profitable, but generally speaking, there’s not a lot much more to go on. Law firms aren’t exactly known for their transparency.

I also tell students that places known for their culture — for being friendly and collegial and great places to work — aren’t necessarily the firms that are going to survive. My advice is that if a lawyer tells you his or her law firm is a “lifestyle” firm, you should run in the other direction. Heller Ehrman was known for having great people and talented lawyers, but something got lost in the equation with that firm, the right attention wasn’t paid to the bottom line.

Firms think they can improve a culture by doing things like hosting partner retreats. But I don’t think partner retreats are what hold a firm together. Frankly, what holds a firm together is money. That’s what holds us together.

What do you look for when you’re hiring?

A lot of people, I think, go to law school because they don’t exactly know what else to do, they just want to keep their options open and pick up a degree that’s marketable. A lot of those folks wind up at full-service firms because as summer associates or whenever, wanting to try a smattering of things.

There’s nothing wrong with that, per se, but it doesn’t work for us. I’m looking for people who know they want to be trial lawyers. And we want that reflected in the backgrounds of the people we interview. We like to see that someone was on the debate team as an undergraduate, or participated in law clinics that gave them some trial experience. Students on moot court, in clinical programs and who have gained experience working with evidence — that’s the kind of student we’re looking for.

How does a young lawyer succeed at Quinn Emanuel?

Well, it’s hard to encapsulate this into a few sentences, but there are a few things I tell our young lawyers: First, it’s important to ask questions. Never leave a partner’s office after getting an assignment without knowing exactly what’s expected of you and don’t be afraid to ask questions.

Second, it sounds basic, but it’s worth mentioning: You need to be reliable. If you promise a memo or a piece of research by a certain time, it absolutely has to be delivered on time.

Third, I think that young lawyers just have to realize that this job — performed at a very high level — is labor intensive. That’s not at all about billable hours, either. To do well, you simply have to work hard. There’s no way to write a great brief without putting in a lot of time, and that’s what pretty much every first-rate piece of work requires. It doesn’t matter if you’re the brightest person I’ve ever met, the best lawyers work hard. There are no shortcuts.

Lastly, take ownership of the matters assigned to you. Don’t just follow orders. Think strategically. Anticipate what needs to be done and do it, before you are asked. Do not be shy. We want to know what you think.

But there is one tip I was given by one of my very first mentors, a prosecutor for whom I interned in my 1L year. As I have seen more than one person who clearly had not been warned about this particular quirk of the legal world, I will now pass it on to you.

When you are at a defense table, prosecutor’s table, or even conference table in a mediation, there is often a pitcher of water and glasses for your use. You know the pitcher I’m talking about – it has a duck beak-like opening spout that you have to open by pressing the level opposite it. Well, here’s the advice: when you pour yourself a glass of water, pick up the glass and pour the water into the glass over the floor, not over the table and all of your papers.

A small thing, but you’ll thank me when you see someone else end up spewing water all over the place. You’ll be cool as a cucumber with a dry table and papers intact.

Written by YTL Contributing Author Lisa Young

Federal conservatorships are an undeveloped area of the law and Fannie Mae’s legal team has a lot of research to do in order to raise some unique defenses. Hundreds of millions of dollars are at stake, and if the plaintiff, the attorney general of Ohio, can’t go after Fannie Mae, he plans to go after their auditors, the accounting firm KPMG. Plaintiff’s counsel has warned, “if they [Fannie Mae] go bankrupt, then there will only be three accounting firms in the United States instead of four.”

Although a Fannie Mae bankruptcy seems unlikely, this will be a case people may want to focus on as government intervention becomes more common place in today’s environment.

The Topics Include:

• Moving In-House
• Joining the U.S. Attorney’s Office
• Switching Practice Areas
• Opening Your Own Practice

The program starts at 4 p.m. at Fedora Restaurant and Lounge on the first floor of One Arts Plaza and admission is FREE.

As Carolyn Elefant at MyShingle.com recently wrote, “Looking for a new practice area… just pick up the newspaper.” The level of government intervention we have seen in the last few months is somewhat historic. In general, big disasters lead to over regulation and this one will be no different. New regulations means new laws and new laws means new lawyers. The changes will come in the form of updates to the IRS Code, ERISA, Treasury regulations, and SEC regulations. There are already a myriad of rules that corporate america has to abide by and even some of the individuals who draft them don’t even know what they mean.

So if you are having trouble picking a speciality, pick up a newspaper and use your imagination, because with every new government regulation comes a new or renewed practice area. The angry mob is already out with their torches and pitch forks visiting some of the AIG executives’ homes. It won’t be long before executives are out in angry mobs looking for attorneys to protect them.

• Take nothing for granted
• Be curious, always
• Work wholeheartedly and with all your energy
• Take risks
• Listen well
• Challenge yourself

And most importantly… surround yourself with great lawyers. To become the best you have to learn from the best. Check out the full article by following the link above. This summary doesn’t do it justice.

Many companies currently take measures to reduce their carbon and greenhouse gas emissions, utilize recycled paper and other materials, and promote awareness of green issues in order to have a positive impact on the environment. Some law firms across the country have begun to market themselves as practicing law in greener, environmentally beneficial offices. It is no secret, however, that companies claiming the green label can reap sizable rewards. Such companies have grown a noticeable competitive advantage. Moreover, green companies may be held accountable for fraud or other deceptive trade practices should their green claims prove factually incorrect or misleading. Hence, “green” litigation may arise out of green claims made by builders, consulting groups, design professionals, energy producers, and manufacturers of consumer goods, among other potential sources.

Young Texas attorneys should take an interest in “green” law for at least three reasons:

First, Texas’ dominant energy industry promises to take greater interest in renewable sources of energy as the viability of green energy improves. Increased interest in renewable sources of energy seems imminent, furthermore, as the Obama administration’s American Recovery and Reinvestment Act (ARRA) will inject $787 billion into the economy, claiming to “provide the capital over the next three years to eventually double domestic renewable energy capacity.” Energy companies heralding renewable products must take care to make factually accurate claims about the effect of their technology on the environment.

Second, Texas is a developing state, and green construction projects may grow in popularity. Legal issues include tax credits for homeowners who install energy-efficient windows, insulation or heating systems, claims against designers who allegedly failed to achieve the level of green certification at which the owner marketed the property, and other risks. For those interested in learning more about the extent of regulation over green marketing claims, please check the FTC’s “Green Guides,” which outline general principles that apply to all environmental marketing claims and provide guidance to help marketers avoid making unjustified or deceptive claims under Section 5 of the FTC Act. These general principles may be found online.

Third, the small firm and solo practitioner have the option to take a leadership role and “go green”, in order to capitalize on a unique marketing opportunity while having a positive impact on the environment. It may cost a little bit more to print only on 100% recycled paper, but if the recent trend provides any indication, it could be well worth it. Profit is not the only bottom line…

Written by YTL Contributing Author Kiernan A. McAlpine

Economics is called the dismal science. I am not an econ major, and as such only remember two things about Keynesian economics, both of which are dismal indeed – but only if you have the wrong frame of mind:

First, Keynes’ big gripe about letting business cycles run their course without government intervention was that, essentially, in a recession or depression like the one we are in now, society is wasting a whole lot of human potential — yours, mine, and everyone elses’.  So whether or not it is your fault, if you are unemployed or underemployed, your God-given talent and potential is being wasted. I say this not to make you feel bad, but to remind you that you (and by extension, me) are somebody who has graduated lawschool, passed the Bar Exam, and clearly possesses at least enough grey matter to accomplish those things.

The second thing I remember is Keynes’ quip that “in the long run, we are all dead.” Sadly this is true. I say this to remind you (and me) that we don’t have forever to get things crankin’ again.

With those things said, let’s talk about all the fun you and I can and will be having in the short term! Some things to keep you smiling:

1. Remember that your friends at Biglaw (you know, the ones who are working full time, but might be getting fired tomorrow) are truly exceptional. According to the U.S. Department of Labor, the average lawyer in the State of Texas (in May 2007, back when things were ducky) made a mere $57.73 per working (not necessarily billable) hour. Remember, this number includes all those older guys and gals who do, in fact, have years of experience under their belts. Because I actually like the fact that some of my smart friends make lots and lots (7 or 8 times more than I do) of money, I will say nothing more, lest my Biglaw friends’ potential clients are reading.

2. Remember that if you are a twentysomething person earning a mere $30,000 per year, you are not particularly unexceptional. The weekly median wage for 25-34 year olds is $680.

3. Read the Bible. Especially Job. If you still have any family, friends, or livestock, or any minimal degree of mental and physical health, don’t complain too much.

4. Try other self-help books. My friend recently loaned me Dr. Scott Peck’s The Road Less Traveled. It helps.

5. Take the opportunity, especially if you are, like me, single, to engage in some self-exploration. You might learn fascinating things about yourself; I have.

6. Many schools still need substitute teachers. It won’t pay a lot, but it’s better than nothing.

7. Write that law review article you’ve been scheming about. If you haven’t been scheming, start scheming.

8. Keep polishing your resume and learn how to interview. Or write blog posts that remind people to do that; I for one know I am underpaid and underemployed because I haven’t been doing those things as often as I need to!

9. Make lots of comments on blog posts such as this one. It won’t get you a job, but at least it will keep you off the streets.

Written by YTL Contributing Author James E. Dallas

A firm spokesperson from Gardere Wynne Sewell also let Above the Law know that “given the current downturn in economic conditions and the unprecedented levels of economic
uncertainty, Gardere is taking steps to adjust its legal and non-legal staffing levels.”

The details are in the links.

These days, being unemployed is like being pregnant: I can tell you if I am or not right now, but a month from now, who can say? If you do find yourself packing up your desk, there are a few things you can do to help yourself out.

First of all, make sure you get a letter from your firm clearly stating that you were laid off as a part of a general cutback, not fired. Right now everyone knows that big firms are laying off lawyers by the gross and prospective employers won’t even ask why you left your recent position. But this unpleasantness will one day be behind us. In a few years, you may be again looking for a job and the person interviewing you may be unaware that a particular firm handed down some newsworthy layoffs. Then it’ll be good to have a bona fide explanation. You can hand the letter in whenever you give a list of references; besides explaining about the layoffs, the letter will likely say something nice about you as well.

Also, apply for unemployment compensation sooner rather than later, even if you get a nice severance package. If you wait too long, you may find that you are then ineligible for compensation. And be sure to disclose the severance package on the compensation application.

Try to keep busy with things other than binging on Krispy Kreme and Dr. Phil. Get some exercise. Do some volunteer legal work. Both will make you feel good about yourself, which you can use. And doing volunteer legal service keeps you from being isolated from the legal world.

Finally, two tips for your psyche: 1.) complain; and 2.) don’t complain. Complain to your family and friends about just how shafted you were. If you can complain and then move on, great. If not, check out the Texas State Bar website. There are member services for people who are completely overwhelmed.

And…don’t complain. Don’t completely diss your former firm to other lawyers, prospective employers, etc. People don’t like hiring employees who gripe about their former companies.

Here’s to the future boom.

Editors Note: After we posted this article, Above The Law came out with a good article about interview tips. It’s worth checking out.

Written by YTL Contributing Author Lisa Young

Now, a few words about the sort of work that I do on misdemeanor cases:

1. “Regular” docket calls. The drill is pretty simple. Show up on time. Make your client show up. Answer “present with counsel” when the Assistant DA calls your client’s name. Talk with your client. Go to the counsel table, pick up the file, browse through it for any new documents. Talk to the prosecutor. Act confident if you can and pouty if you must. The day ends with a plea, a setting for trial, or a re-set. Rinse, lather, repeat.

2. Jail Docket. Some people get arrested but don’t bond out. After the probable cause hearing, they sit in the county jail for a few days, after which they get brought up before a judge (by video conference in the Galveston County Jail). Because most of these defendants admit their guilt, and because most misdemeanor prosecutors will be satisfied by your client’s “time served,” you essentially get the fun job of getting people out of jail, by helping them go through the motions of entering their guilty/nolo plea (if appropriate, you can try arguing with the Prosecutor for a dismissal, but most clients just want “out” with as little debate or discussion as possible). In Galveston County, Jail Docket assignments are for one week, and you might handle a few dozen cases over the course of that week. Expect to work about 20 hours over the course of that week. You’ll get paid about $950.

3. Trial. Your client has a right to trial by jury, and a right to effective assistance at that trial. Though I have not yet gone to trial (I can count on one hand the number of appointments I have had since August of last year), don’t feel pressured into caving in too soon. For young lawyers, I think, there is a temptation not to try cases out of fear of failure. This is something that I am hoping to overcome — and of course, if plea negotiations lead to an impasse, you can always set for trial in the hope that the Misdemeanor Prosecutor won’t have his case ready on time. Keep in mind that while Assistant DAs can be a little intimidating, most of them are the same age you are (in fact I know a couple of Prosecutors who are younger than I am) and not a whole heck of a lot more experienced — and a whole heck of a lot busier with their jobs.

Now, for those who are eligible to be appointed on Felony cases, or CPS cases, or Juvenile cases, or Appeals, the work assignments may be quite a bit different. A few words on those other assignments next time.

Written by YTL Contributing Author James E. Dallas

The career services representatives said that most of their job listings are now coming from smaller firms and that they are enouraging graduates to consider “nontraditional” jobs. Just as this crisis will force attorneys to be more resourceful, it should also serve notice to law schools that they must evolve and get more creative in finding their students jobs.

Domestic violence can be described as abusive behavior by someone against a current or former intimate partner. Domestic Violence happens all the time and is happening as you read these words. The truth is that domestic violence is probably affects someone you know. The FBI reports that every 7.4 seconds a woman is beaten and that Domestic Violence is one of the most prevalent crimes in the United States only behind Petty Larceny. In 2006 the Texas Health and Human Services Commission reported in Texas alone 982,916 women were battered.

In fact what we should be astounded is that anyone reported these allegations at all. The New Mexico Attorney General reported that only 1 in 10 cases of Domestic Violence are reported.

The National Domestic Violence Hotline is available 24 hours a day to take calls for anyone who needs help and also has volunteer opportunities.

Written by YTL Contributing Author Julie M. Miller

This month the ABA Journal has honored him as a part of Mark Curriden’s feature,  “Lions of the Trial Bar,” where he profiles seven historic lawyers, including another Texas attorney, Richard “Racehorse” Haynes. The profile on Jamail is a must read for any attorney.

Article link: Joe Jamail – “If you are not emotionally involved, your client is not getting your best effort.”

The video below (click below) contains harsh language. Happy Friday!

Jamail is the attorney deposing the witness.

Our first profile in this series is 2007 graduate of the University of Texas School of Law and young Texas lawyer Rick Cofer. YTL first heard about Rick Cofer when he took aim at reducing one of our environment’s and the City of Austin’s biggest nuisances, the plastic bag. Since then, Cofer has been elected to a four-year term on the Democratic National Committee and made a brief bid for city council. He later withdrew his name from the race after determining that the election had “two great candidates that share [his] passion for making Austin as great as it can be.” YTL editor Robert Abtahi caught up with Cofer to find out how he stumbled across his successful career as a public servant.

1. What moved you to take a role in politics?

My interest in government and politics began in high school when I competed in debate and forensics competitions. In college and law school I took an active role volunteering in campaigns and then working professionally for candidates and office holders. I believe that elected officials can uniquely serve the public interest and that government can be a positive force for improving people’s lives. Because I’ve seen the power that government has to make a difference, I’ve continued supporting candidates and causes that I believe in.

2. How did you make the transition into politics so quickly?

In college, the Austin City Council appointed me to the Austin Community Education board and later appointed me to the Solid Waste Advisory Commission (SWAC). It’s been as Vice Chair of SWAC that I’ve made my best contributions to the city. I’ve led on efforts to develop a new ordinance to make large public events more environmentally friendly and sustainable. I’ve also focused on quality government by speaking out against no-bid contracts, blowing the whistle on bad spending and sponsoring and passing resolutions to open up the decision-making process as well as increase oversight.

In 2008 I was elected to a four-year term on the Democratic National Committee as one of the youngest DNC members in the country. On the DNC I represent Texans at regular meetings, last month I voted for Virginia Governor Time Kaine to be the new DNC Chair.

Holding different types of appointed and elected roles has been a natural transition for me from the types of student organizations and activities I was involved in during high school and college. Perhaps the key thing has been not letting artificial barriers hold me back. I think there’s a perception that politics is for old people, but I’ve found that’s not really the case. Especially in a town as young as Austin, where the average age is under 30, young people need to make their voice heard.

I’ve been blessed over the years to have a number of exceptional mentors who have taught me most of what I know about politics and government. Many of these relationships grew out of my time as an undergraduate student at the University of Texas. In particular, former White House Counsel Larry Temple, former Travis County Attorney Ken Oden, former State Representative Glen Maxey, political consultant David Butts, District Judge Gisela Triana and former State Representative Sue Schechter have become close friends and valued teachers.

The nature of law school pushes students towards particular career destinations. The gravity of on campus interviewing, etc., pulls students towards big firms as the brass ring. It’s hard to push back against the dominant mindset, especially when the pay checks are so big.

The best piece of advice I got in law school was from a local attorney who does “do-gooder” work. He said that he doesn’t make a lot of money for a lawyer, but that he’s well paid for an American. There’s an important distinction there that law students tend to forget. There’s nothing wrong with making $50,000 a year doing something you love. There’s also nothing wrong with working at a big firm. So my advice is to just focus on what makes you happy and pays enough. There has to be balance in life.

My youth has been a great advantage in politics. In life you’re always looking for what separates you from the herd. When you’re around mostly middle-aged and older people, you naturally stand out more and it’s easier to play a role.

One thing that I have done to help bolster my resume and experience while waiting for “my ship to come in” is to get on Galveston County’s indigent defense counsel appointment list. Although a newly-minted lawyer will probably not get much work starting off (I get about one appointed misdemeanor case per month), it does provide an opportunity to get in the courtroom, learn how the law actually works, and make a little money on the side. While not a path to fame or fortune, court appointments are literally “better than nothing.”

Galveston County’s appointment list is relatively easy to get on; Galveston County requires you to have some prior experience in the courtroom (I spent time watching other lawyers) and to attend criminal law CLE courses. Some other local counties have much higher requirements that are a bit harder for a young lawyer to meet. Fort Bend County requires a year of practice and trial experience (which is harder than it sounds to come by, because many cases simply are not “try-able”).  Harris County, as I recall, requires an applicant to have been attorney of record in something like 50 cases, something that can take years of practice to accumulate.

For those interested, the relevant paperwork for Galveston County is located here.

In my next post, I’ll describe some of the assignments I have received.

Written by YTL Contributing Author James E. Dallas

To open another law school in Texas during a time like this is extremely irresponsible. There is already a large population of young attorneys out there with no jobs and massive loads of law school debt. Granted UNT would be the first public law school in the DFW area, but now is not the time and hopefully some of the legislators in Austin recognize that.

Update from The Dallas Morning News

A far more troubling problem is that most of the attorneys doing the document review often wonder if their services are even necessary. Thus, brings up the issue of sales and its role in the legal industry. If the ultimate goal is profits and margin, then there are some scary ways to accomplish that, as Brian Baxter of The American Lawyer points out in his article, The Fine Art of Overbilling. A client may not need a service, but perhaps the right partner can convince them otherwise. Just like the mechanic that successfully adds a whole host of unnecessary and often expensive services to every oil change customer that walks through the door.

There is an inherint conflict of interest for an attorney that could do more work, but can provide excellent legal services without it. Is being over prepared unethical when there is a cost involved? If a partner asks you to do work a secretary can easily handle and charges the client, isn’t that over billing? If you question the value of your work and the hours you are billing for it, think about the client paying the bill and you’ll have a better chance of finding the elusive balance between being prepared and being efficient.

Law firms seem to forget that the product they are peddling is their associates’ time. That’s why they only accept the best and the brightest. When a client asks, “Why am I paying $200 an hour for this 25 year old to review my documents when I have plenty of 25 year-olds that work for me at $15 an hour?” – the firm can hand the client a top notch associate’s resume and merely say “this is why.” If your product is your people then it makes sense to spend some time and money on product development to keep your people happy. Clients are important to give the partners billable work, but what good is work if you have no happy or competent associates to do it.

An already resume saturated market is about to have more paper added to the stack. The business model for the super firm might be on life support, but perhaps this is an opportunity for the far more nimble small and mid-size firms to step up. The Titanic couldn’t turn quick enough to miss an iceberg, but I guarantee you that a speedboat could have.

It makes total business and economic sense to for such a policy, but it makes you wonder why they waited until now to start it. If you could get the same information for less money then why not pass savings along sooner. Apparently, the firms Houston office was ahead of the curve. According to the LLB&L memo, “the Houston office has been using this service for several years for both non-billable and billable research whenever possible.” Continue reading to see the full memo.

LOCKE LORD BISSELL & LIDDELL FIRM-WIDE MEMORANDUM

In today’s economic climate we recognize that our clients are becoming increasingly sensitive to legal research costs passed on to them as disbursements. In an effort to enable you to reduce the frequency and dollar amount of these charges, the Information Services Department has entered into a firm-wide contract with Loislaw, a legal research service owned by Wolters Kluwer/CCH. Loislaw allows searching Primary Law (cases, statutes & regulations) on the National and State level. A detailed list of the contents of the database is included at the end of this e-mail.

The Houston office has been using this service for several years for both non-billable and billable research whenever possible. It is not viewed as a substitute for Lexis or Westlaw, but as a tool to be used to familiarize yourself with precedent related to new cases or issues or simply to find cases, statutes or regulations. You can then continue your research on Lexis or Westlaw allowing you to complete your research in substantially less time and a lower cost to your client and/or the Firm. The Firm pays Loislaw a reasonable fixed fee for the year and receives unlimited service. You will have the ability to add a client/matter number when you want to bill the client, but will not be forced to do so for non-billable research

The following Guidelines for Legal Research are effective immediately.

* All non-billable legal research involving case law, statutes or regulations at both the state and federal level should first be performed using Loislaw.
* Loislaw should also be used for billable research where appropriate, resulting in a much lower cost to the client.
* If additional research is required on Lexis or Westlaw that research must be billed to a client/matter..

Training Available

Subscribers are referred to the Legal Pro site (http://business.cch.com/legalprotraining) for hands-on, web-based instruction by a Legal Training Consultants. There is also a complete training handbook available on-line at www.loislaw.com. I have attached a copy of a Quick Reference Card that should enable you to get started with searching right away. If a number of attorneys would prefer in-house training, we can arrange for that as well.

Immediate Access Available

The link to Loislaw is available on the Information Services Portal Page under Legal Research Links.

Let us know if you have any questions regarding this new service.

Sandy Gold, Chicago
Joan Hass, Dallas
Charles Gibson, Houston

vi⋅ti⋅ate
[vish-ee-eyt]
-verb (used with object), -at⋅ed, -at⋅ing.
1. to impair the quality of; make faulty; spoil.
2. to impair or weaken the effectiveness of.
3. to debase; corrupt; pervert.
4. to make legally defective or invalid.

Source: The Random House Dictionary (2006)

Read the full Law.com article here.

Top lawyers know that, while most of their colleagues look forward to relaxing at home at the end of the day, the highest-achieving ones do not focus on when one day ends and another begins. They look forward to the firm reception or foundation meeting at night because they are acutely aware that a little extra involvement is what moves the ordinarily competent attorney into the extraordinary, top attorney column. Even when not working, the top attorneys remain available and on call, considering the interests of their employers and communities at all times.

These are great tips to becoming a top employee, but a top lawyer they do not make. The article goes on for almost 800 words about what it takes to be a “top lawyer,” yet does not mention the word client once. Concentrate on learning your area of the law, produce excellent work product, make those above you look good, and above all else, exceed your client’s expectations. If you follow those steps then you won’t need to market yourself, those around you will.

Much like the medical industry’s effort to go paperless, the legal world is also seeing a much needed shift to updated technology. This system should lead to greater efficiency and less worrying for attorneys with a heavy caseload in Harris County. It’s also a great tool for those that have a similar claim and just want to casually follow the goings on of a particular suit. If used wisely, less paper and more automation is a powerful strategy for allowing more time to be spent on more pressing issues that computers will hopefully never be be capable of automating.

Note: Google and NASA believe that there will be a day when machines are smarter than humans. Link

In an article by The American Law Journal, Tresa Baldas focuses on the ever growing importance of metadata in the context of legal discovery. The literal meaning of metadata is “data about data,” which essentially translates to data about your computer files. The most widely known uses of metadata amongst the public are within mp3 files and digital pictures. The metadata of an mp3 file tells your iTunes or iPod everything about the song file. It contains artist information, album information, album artwork, how many times you have played the song, the last time you played the song, and much more. The same goes for digital pictures. The meta data of a digital picture will tell people who took the picture, what type of camera it was taken on, what date it was taken on, who has edited the file, and which edits were made. It contains a wealth of information about the files themselves and that is why it has become a hot topic in litigation.

A federal judge in New York recently ruled that companies should be ready to produce metadata in litigation. The holding also stated that the metadata of e-mails and electronic files must be preserved, maintained and produced in the course of legal discovery, particularly when sought early. This equates to a potentially massive legal burden on corporations, but the ALJ aritcle also carries an unintended message for attorneys.

It should make you realize that you MUST keep up with technology at all costs. The legal industry has always been slow to adapt to technology and has generally been far behind the business world. There are a ton of top notch attorneys out there that have no website, use email merely as a way to forward bad jokes, and think a blog is a 1950’s horror movie character. In many law firms around the country, WordPerfect is still the word processor of choice. WORDPERFECT! Whether attorneys accept it or not, the future of the law resides in technology and the Internet; from marketing, to client contact, to electronic discovery, and the promise of more to come from social networking. The next generation of law firms must be well versed in a language that most of us are already fluent in.

Although you probably lack experience practicing law, you have a wealth of knowledge in the future of the practice. Older attorneys have the legal experience that you need to piggyback off of and you grew up with the technology that they need to learn in order to take the firm into the future. The skills they don’t have the time or patience to learn are the ones that you often take for granted. You can make a law practice more efficient, more cost effective, and help them grow. Don’t let technology pass you over. You can’t practice law in a vacuum and the outside world rests its future in technology, so keep up!

Written by Robert B. Abtahi

Peter Smythe, P.C., is an Arlington, Texas based law firm that concentrates in federal appeals, Texas state appeals and select trials. In the federal arena, the firm handles both federal civil and criminal appeals. On the state level, the firm handles civil appeals. The firm also handles select litigation matters in both federal and state district courts.

Aside from the other historical reasons that today’s inauguration was different from any other, today we witnessed the first swearing in of a President that understands the power of Internet, loves his Blackberry, regularly uses his ipod, and utilizes social networking like no other candidate in history. One of the first things that changed while Obama was taking the oath of office was the White House website and a new blog, which echoed themes of transparent government and community involvement. Hours before his swearing in, I received a mass email from the Obama team letting me know of the schedule of the historic event. He will have a weekly web address on YouTube. He has an initiative to reduce health care costs by utilizing technological advances in hospital administration and moving us toward an efficient paperless environment. For someone who lives with two Blackberries, hardly writes anything down, and immediately Googles anything and everything that people seem to be in a disagreement about, this is a very exciting time. Not only is President Obama the first African American President but, he is also the first to use technology like the rest of us do. This probably means sweeping changes to internet law, privacy law, and anything else that former Presidents didn’t know enough to take on. That excites me more about the future than anything.

Today, BBC World News America released an amazing video of Dr. Martin Luther King being interviewed by BBC’s Bob McKenzie in 1964. Dr. King says that he believes there will be a black president within 40 years. It’s a great clip, a remarkable prediction, and worth taking a look at.

Happy MLK Day

The Wall Street Journal article about the the study.

Whether you’re trying to find a job, avoid losing your job, or find balance in your life then being negative will do nothing except hurt you. Being down will show up in your interviews and who wants to hire someone that seems to be in a bad mood or lacks confidence. When it comes time for layoffs do you think you’re employer wants to keep the guy with the smile around or the one going through the office perpetuating doom and gloom rumors. It isn’t always easy to block out all the negative vibes going out right now, but here are 15 tips from Donald Latumahina to help you:

1. Never respond when you are not calm. If you are not sure that you are calm, don’t respond. Take time to calm yourself down first.
2. Take a deep breath as a first step to calm yourself down.
3. Speak in gentle tone to reduce the tension of the situation.
4. Realize that you can find opportunities in negative situations. Albert Einstein said: “In the middle of every difficulty lies opportunity.”
5. Look at the content of what people say to you for something positive that you can act upon to improve yourself. Don’t just reject the whole messages.
6. For the rest of the messages which is negative, simply ignore it.
7. Maintain positive view of the people. Maybe you don’t like their messages or behavior, but that doesn’t mean that you can hate them personally.
8. Realize that having negative feelings will just hurt you, not them. So there is no reason for you to have any negative feeling.
9. If you make mistakes, be open to admit it.
10. If you make mistakes, remember this quote by George Bernard Shaw: “A life spent making mistakes is not only more honorable, but more useful than a life spent doing nothing.”
11. If you can, listen to motivational audio program to feed positive thoughts into your mind.
12. Talk to a positive friend who can encourage you.
13. Remember your favorite quotes to give you inspiration and motivation. This is one reason why you should have quote of the day.
14. Look at the negative situations as your training sessions for real life. The higher you climb in life, the worse the negative situations would be, so you’d better be prepared for them.
15. Realize that you can’t please everyone. In fact, nobody can. Sometimes you need to just let some people go. Realizing this will relieve you from a lot of unnecessary burden so that you can focus on the people that you can positively interact with.

Another way of helping get yourself in the right state of mind is using daily affirmations. Many of you will think they’re useless, but just try it out and you’d be suprised to see that it really works. When you wake up say aloud, “today is going to be a good day” and repeat it a couple times throughout the day and you’ll be shocked at how much better your day will be. Good luck, because it’s not easy.

Again, watch what you say or else you might end up having to publish a book that no one wants to read.

Cohen’s attorney released a statement saying, “The law protects freedom of speech, including anonymous speech, but it doesn’t protect defamation, and people should not think that they can defame others on the Internet or on blogs by hiding behind a screen name.”

So the moral of the story is, don’t write anything anonymously that you wouldn’t want associated with you in the first place. It goes back to reputation, try explaining on your next job application that you are defending a defamation suit for some stupid blog posts you made that you thought would never be traced back to you.

While we are at it, don’t put listening devices in your kid’s teddy bear either.

Most of you will get a kick out of The 9 Reasons Not to Attend Law School, others of you will read it and start to lament decisions you’ve made and maybe even find yourself depressed. For the latter, you should avoid naysayers. They are all over the place and hate their lives so they try to make you hate yours too. After all, misery loves company. It’s a funny and very true list, but it overlooks the one reason you SHOULD go to law school, you get to be a lawyer!

The legal issue in the case is whether the ship is buried in navigable waters or on the estate of the late Marie O’Conner Sorenson. If the court determines that the ship is on navigable waters then, under the law, the first person to petition the federal courts will have legal authority to retrieve it. If the court finds that it isn’t on navigable waters then it will the property of Ms. Sorenson’s heirs. A spokesperson for the family said they do not believe there is any treasure in the location and they do not want their land ripped up by Mr. Smith.

Mr. Smith is represented by the law firm Schwartz, Junell, Greenburg & Oathout. I wonder if they took the case on a contingency fee…

The energy you convey will often be reciprocated. If you’re polite while telling the waitress that she messed up your order then you’ll get a simple polite solution to your problem. If you’re rude when you call the court clerk to ask a question then you will likely get a rude response back and may end up making an enemy for life. Those that get what they want are usually the ones that can stay calm and cool even when the person on the other end is losing it.

Lose your cool once and you might end up with a nasty reputation that not only precedes you, but will make your life considerably more difficult when it comes to needing favors. Look at the person in your office that treats the secretaries and legal assistants the worst and you’ll often find them shocked that they aren’t getting any help from the very people they mistreat. The people you work with are just that, people you work WITH, not people who work FOR you. I’m not saying be a pushover, but there is a fine line between being a professional and being a professional jerk. So keep it calm, simple, and polite to get the results you desire. Be a professional.

While we’re on the topic, you should clean up your Facebook or MySpace pages. Reputation is everything, people will and do judge you.

There are some steps you can take to find that happy medium. Don’t complain about too much work, it’s actually a compliment meaning that partners trust you. Instead of turning down a new project outright, let the person know EVERYTHING else on your plate and imply that their work may not get priority but you would still be happy to do it. This lets them know you’re busy and are being considerate to those that gave you work first. If they still give you the work then let those around you know the situation and that it may delay some of their work. Make sure you make them feel like your hands are tied. The key is your method of communication. You don’t really control your work load but if those around you are made aware of it in a polite and effective manner then they will make adjustments to make sure the work you are doing for them is done on time and correctly. There are those naysayers out there that will say it simply doesn’t work like that but its all in the way you deliver your message. Complaining doesn’t work. Everything you do or say has to benefit the ones handing out the work. Drop hints!

If you don’t have any work then don’t turn into a pest. Let people know you are available. Don’t ask for work and don’t complain about not having work. Listen for the hints that those overwhelmed people are dropping and offer to lend a hand. Ask people if they need help with anything instead of simply asking for work. Telling someone you need work just gives them another job, finding you work. Letting them know you are available to take some things off their plate is more enticing. The most frequent problem with this method is that everyone you offer to help gives you work at the same time. When this happens then refer to the above paragraph.

Following these simple tips should help you achieve the happy medium, but make sure you don’t tell anyone! If you enjoy being overwhelmed then congratulations because you must love your job. If you like being paid to do nothing then become a contributing author or spend your time clicking on some of our ads!

It really is a win-win situation. You get experience you wouldn’t have otherwise received, and a needy client gets the help he or she may not have otherwise gotten. The following link will help you get started with the legal aid office in your area.

By now you are probably familiar with the age old phrase, “its not WHAT you know, its WHO you know.” To a certain degree this is very true, but it doesn’t paint a pretty picture for those that feel nepotism and cronyism are at all time highs. This does not, however, mean that you can be a know nothing and network your way to success. The phrase should really read “its not ONLY what you know, its WHO you know.” You can be the smartest man alive, but if you don’t know anyone or can’t hold a conversation then its not likely that you can properly convey your knowledge and skills to others. Even Albert Einstein, a name that runs synonymous with genius, couldn’t find a job after college because he was a relative unknown with sub par social skills.

You’ve most likely experienced the angst of trying to get motivated enough to attend a bar luncheon or even a happy hour thrown by the local bar association. Sometimes you probably even RSVP but when the time comes you make excuses and don’t end up going. Below are a few tips for effective networking as a young lawyer.

1. Take a friend – This way someone else is forcing you to go and you have a safety net through out the night. This does not mean you spend the entire night talking to your friend. Mingle in pairs or separate then regroup. Either way you should be talking to people you don’t know. They are there for the same reason, and its not as awkward as you might think.
2. Meet non-lawyers – You shouldn’t limit yourself law related activities. You should do those too but there is a whole world outside of the legal community that has some well connected and interesting people. Join your schools alumni group, pick a charity to sign up for, or join a sports and social club. It will help keep your sanity and realize that not everyone is as neurotic as attorneys.
3. Keep touch – Drop the people you meet an email every so often and try to meet for breakfast, lunch, or dinner to keep in touch. If you haven’t already, start keeping a detailed electronic list of all your contacts. You should have all the information you can find about people and update it once a year. When you take a genuine interest in the lives of others good things will naturally happen, but don’t try to force them.
4. Have an elevator speech – You should be able to explain to people what you do in the span of an elevator ride and in simple terms. With growing legal specializations and niches comes public unawareness. If I told you that I was a “coalition builder” you would have no idea what I actually did for a living, but if I said I assisted charities in raising public awareness about their cause through building coalitions of corporate sponsors and community groups then you might actually be interested in what I had to say.
5. Quality not quantity – the key is to make quality contacts and be a quality member of an organization. Don’t just prowl the room handing out and asking for business cards. Don’t join every organization in the book, pick a couple and try to take some leadership roles in them. The goal is to make lasting relationships, not to increase the size of your Rolodex.

This list is by no means exhaustive but it should give you a good start for tailoring your own personal networking goals. Most opportunities are had through word of mouth and if no one knows you then how are they going to know how great you are!

Written by Robert B. Abtahi

According to a survey taken by Rees Morrison, of a group of 84 in-house counsel at large companies, one-third of them felt that 20 percent or more of the legal advice that law firms are currently charging for will be free on the internet within 5 years. Mr. Morrison predicts that “much more information than now, that could be charged for now, will relatively soon be free online… this future means significant revenue declines for law firms… the outlook is grim.” It’s inevitable that the easy access of information through the internet will change every industry, but will the usually slow-to-adopt legal world be smart this time or will they fight it every step of the way like the music and real estate industries have done to their own detriment.

Soon those billable hours you spend researching a legal topic for an answer could be as easy as typing in your cold symptoms in WebMD and saving your self a trip to the doctor. And more importantly, a bill. So make sure the work you do isn’t generic and don’t be afraid to be an early adopter. Early adopters usually end up in positions of power when everyone else needs help catching up.

Not only has the financial crisis migrated from Wall Street to Main Street but so too have job search ideas. In July, 48 year old Joshua Persky hit the streets of Manhattan in an effort to find potential employers. The major difference between Joshua and the competition was that he was dressed in a sandwich board that read “Experienced MIT Grad for Hire.” Mr. Persky recently got his dream job, but even his employer has stated publicly that he was hired for his merits and not the media stunt.

Perhaps as an homage or just as a way to get some recognition of his own, a SMU Law Student attempted a similar feat today on the cold streets of Dallas. According to Tex Parte, a young man in a suit stood on the corner of Main and Akard in downtown Dallas wearing a sign that read “SMU law student looking for work.” One passerby told him: “Good luck, I’m a Baylor Law grad,” to which the law student asked if she was hiring. Unfortunately for the student, his stunt committed the cardinal sin of publicity… he didn’t stick around long enough for anyone to get his name.

1. The Silent Generation (Born between: 1909-1945)
2. Baby Boomers (Born between: 1946-1965)
3. Generation X (Born between: 1966-1977)
4. Millennials (Born between: 1978-1995)

This wide array of life experiences, capabilities, and mindsets create a host of problems. The most damaging of which is communication problems between the various generations. Many young professionals have a hard time understanding how to effectively communicate with their older counterparts. Whereas Generation X’ers and Millennials feel that email is the most efficient and effective form of communication, Boomers and the Silent Generation think that face to face or phone contact is best. The last thing you want to do is create animosity between you and co-workers so its best to know where everyone is coming from.

The Silent Generation values privacy and hard work. They feel that an individuals word is his/her bond. This generation is all about organizational structure and social order. They feel as though younger generations don’t have a great deal of respect for authority. The best way for a young professional to communicate with the Silent Generationers is to do as they ask or else you’ll feed into their stereotypes. This means stopping by their office for a conversation rather than sending an email. Make sure your thoughts are in order and your answer is fairly formal. They see unpreparedness as a sign of disrespect and a waste of their time.

Baby Boomers by nature are very competitive and tend to be seen as egocentric to others. They are the generation that increased the traditional work week from 40 hours to 60-80 hours and feel that generations to follow should follow their lead. Baby Boomers currently make up the majority of the workforce and see the influx of younger generations as a threat. Boomers are the “show me” generation and are more interested in the delivery of the message. They are keen to body language and facial expressions. Boomers prefer phone calls or face to face communication for certain situations because they have seen paper trails and emails ruin careers. They indulge their positions of power and view pointing it out as a perk of success. Boomers give deference to older generations but often take the opportunity to put down younger generations’ mindset as a defense mechanism. Don’t be surprised if a Boomer asks to see you in his/her office and then makes you wait outside when you could have sent a quick email instead. It’s best to indulge their egos to a certain extent but not be seen as weak. Don’t be afraid to mildly stand up to a Boomer but make sure you pick your battles wisely, everything is a competition to them and they despise even the slightest hint of insubordination.

Millennials and Generation X’ers are highly productive and often have many things on their plates at once. They are the computer and internet generation. These generations are not as loyal to their employers as older generations and often times lack interpersonal skills due to their heavy reliance on electronic communication. Millennials and X’ers grew up in the time of corporate scandals and watching their parents’ blind loyalty to an employer that often left them hanging in the wind. Both generations crave constant feedback to help themselves grow. They don’t mind informal communication and prefer email because it is an effective way of documenting and organizing their tasks.

The most important thing to remember is that for now you’re at the low end of the totem pole. Sure email may be more efficient, but don’t let yourself be seen as someone who isn’t flexible or is afraid of face to face contact. Use subtle hints to show older generations a better way of doing things without making them feel stupid. Remember, they have experience that you desperately need and you can harness technology better than they can – you both need each other.

Written by Robert B. Abtahi

The defendants ignored emails from the mortgage providers attorney and failed to appear at an October 3rd court date. They had practically disappeared, except in the world of online social networking. Like over 140 million others, the defendants had Facebooks accounts.

A judge in the Australian Capital Territory’s Supreme Court deemed that the Facebook accounts contained enough personal information about the defendants to establish that it was a sufficient method of service after the couple could not be reached by any other method of service.

It’s only a matter of a time before we see a similar situation in the United States. Afterall, isn’t it more likely that an active Facebook user will check their Facebook account rather than checking the newspaper when service by publication is granted. Afterall, you can track a Facebook message and you can even see when it’s been read by the recepient. As the internet becomes a more valuable method of communication for everyday citizens then we are likely to see similar changes in the law.

If it doesn’t get you too nervous you can also check out The Layoff List by The American Lawyer to keep you up to date on all the news of job cuts.

Firstly, you should generally only contribute up to your employer’s match percentage. This is free money and who would deny free money. Anything extra you would like to invest is better off going into an IRA account since you have many more investment options with an IRA than you do with a 401(k).

Second, don’t think about the losses right now. The money is for many many years down the road. As you get older you should start to reallocate your money. All the stories you hear about people retiring soon but now can’t because of their 401(k) is due to their own neglect. You should check your 401(k) statements at least once a quarter, but don’t go overboard and check it everyday or else you’ll go nuts. A good starting point for asset allocation is the CNN Money asset allocation calculator.

Third, take advantage of the resources available through your 401(k) administrator and your employer’s HR representative. They have a wealth of knowledge and literature regarding your account. This article is by no means a comprehensive guide and is only meant to relieve your natural initial reluctance to invest for something so far down the road when your loans are here and now.

Lawyer Avenue’s job bank index has many nationwide attorney job banks listed by practice area. For more localized searches I suggest you look at the MartinDale legal directory for firms in your area and then check their websites for openings. More useful local resources include your law school’s career services office, the career services offices of other law schools in the state, and state and local bar associations. Pick up the phone and call these people rather than just looking for websites. You would be shocked at how helpful the career services offices of a law school you didn’t even attend can be.

Finding a job is inherently a numbers game, so the more doors you knock on the better your chances of landing that dream job.

The current financial crisis has made the student loan consolidation process into a game of cat and mouse. Once eager lenders have vanished due to a lack of funding and the rock bottom interest rates we are facing right now. But before we get to consolidation and interest rates its important to know exactly what student loans you have outstanding. You could rummage through tons of paperwork or you could simply log on to the National Student Loan Data System. The NSLDS is a department of education centralized database for all of your government backed loans. Please keep in mind this site does not contain information about private loans and you will have to get that information directly from your lender.

Now that you know every loan you have outstanding you can begin to weigh options regarding consolidation. There will be two types of interest rates on your loans, both fixed and variable. Right now, you are hoping you have more variable rate loans since interest rates are at all time lows. Any loan disbursed prior to July 1, 2006 is a variable rate loan. The variable rate changes every July 1 and is calculated based on the following:

• The 91-day T-bill rate + 1.70% during in-school, grace, and deferment periods.
• Starting July 1, 2008 the interest rate on variable rate loans is 3.61%.

• The 91-day T-bill rate + 2.30% during repayment periods.
• Starting July 1, 2008, the interest rate on variable rate loans is 4.21%.

As of today, the 91-day T-bill rate is an amazingly low .15% — therefore if the rate stayed this low you would get your loans consolidated for under 3%, which is an amazing rate. So the moral of the story is if you haven’t consolidated already then wait until just before July 1st and determine what the new rate will be using the T-bill auctions. If the rate will be going up then consolidate before it does. If its going down then wait until the new one takes effect. If you have fixed rate loans then you can consolidate at anytime and your overall rate will be a weighted average of the aggregate rate of your loans.

Since many lenders, including Sallie Mae, are no longer taking applications for loan consolidation then its best to utilize a Direct Consolidation Loan from the Department of Education. Starting January 1, 2009 there will be even more benefits for borrowers such as Income-Based Repayment options and Loan Forgiveness Programs. To learn more about these two programs visit IBRNinfo, an independent non-profit source of information about these new programs.

Its important to have all of your information readily available when making these decisions and it takes some number crunching to make sure you are getting the best deal. If numbers aren’t your strong suit then make sure you ask a friend or relative to help you out. The right decision can end up savings you thousands of dollars!

Written by Robert B. Abtahi