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Vander
Aug 16, 2004

I am my own hero.

Stunt Rock posted:

If anyone is a UCC expert I have something I could use some advice on.

Which article(s)?

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Roger_Mudd
Jul 18, 2003

Buglord

entris posted:

...and isn't this the same model that is currently under attack?

Under attack by everyone not a partner at a BigLaw Firm, yes.

urmomhasaids
Oct 6, 2009

Petey posted:

Lots of client turnover in that.

I'll still be soloing it up though. At least I should be thankful for all the dementia'd out Baby Boomers and their greedy issue.

Stunt Rock
Jul 28, 2002

DEATH WISH AT 120 DECIBELS

Vander posted:

Which article(s)?

Article 2 sale of goods.

sigmachiev
Dec 31, 2007

Fighting blood excels
Skadden is matching Cravath http://abovethelaw.com/2010/11/associate-bonus-watch-skadden-matches-cravath/#more-46082

entris
Oct 22, 2008

by Y Kant Ozma Post

urmomhasaids posted:

I have gone to law school specifically with the desire to practice elder law....where are these (non-solo) jobs?

Was this a serious post? I know a little bit about elder law and the firms that do it, if you want to chat about it on PM.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Roger_Mudd posted:

Under attack by everyone not a partner at a BigLaw Firm, yes.
Remember that every dollar not paid as bonuses to lowly associates gets paid to the partners. And they would hate to not be able to buy their kid a new car for christmas because some associate wants to buy a car of his own with that bonus.

builds character
Jan 16, 2008

Keep at it.

Stunt Rock posted:

If anyone is a UCC expert I have something I could use some advice on.

What's the question? edit: I know a lot more about article 9 than article 2.

Defleshed
Nov 18, 2004

F is for... FREEDOM

nm posted:

Remember that every dollar not paid as bonuses to lowly associates gets paid to the partners. And they would hate to not be able to buy their kid a new car for christmas because some associate wants to buy a car of his own with that bonus.

A BLOOOO I forgot to buy myself a car with my 180k salary

builds character
Jan 16, 2008

Keep at it.

Defleshed posted:

A BLOOOO I forgot to buy myself a car with my 180k salary

You'd think that someone who gets to drive tanks would be a little more sympathetic toward folks who just want a hyundai.

Defleshed
Nov 18, 2004

F is for... FREEDOM

builds character posted:

You'd think that someone who gets to drive tanks would be a little more sympathetic toward folks who just want a hyundai.

I wish I got to drive tanks I would use one to run over law firm associates!

builds character
Jan 16, 2008

Keep at it.

Defleshed posted:

I wish I got to drive tanks I would use one to run over law firm associates!

Joke's on you, they're all in tall office buildings and your tank wouldn't fit in the elevator!

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."
Won a 1538.5. (motion to suppress)
Wooo Wooo.
Rarer than winning a trial.

GamingHyena
Jul 25, 2003

Devil's Advocate
I hate (old) lawyers.

Opposing counsel and I agreed to something on the record before the judge, and planned to memorialize the agreement later. Opposing counsel apparently "forgot" what our agreement was, and insisted it was different than I remembered. Luckily, it was on the record so I called the court reporter and got her to fax us both a copy of the portion of the record with the disputed provision on it (showing I was right :smug: ). I figured opposing counsel would be reasonable once confronted with his own words from the official court record.

Big mistake.

Opposing counsel pitched a bitch fit, insisted "I don't care what's on the record you knew what the agreement was" and "I've been practicing law before you were even born" and wanted to have a telephone hearing on the issue today with the judge. I told him that wasn't happening as I wasn't in the mood to re-litigate the issue, and the agreement was enforceable as is. Opposing counsel issued veiled threats that some sort of bad litigious thing would happen if I persisted so I hung up on him.

45 minutes later I get an email from his office with an agreement containing the correct language. How long do I have to be in practice before I don't have to deal with this poo poo anymore?

Draile
May 6, 2004

forlorn llama
Watching ESPN reminds me that when I was in college one of my advisors said I should go to law school because even if I didn't want to be a lawyer I could still go into sportscasting, "like Jay Bilas."

Calenth
Jul 11, 2001



SWATJester posted:

My company was "served" today with a lawsuit by a crazy guy....his method of service (for a federal suit) was by email with an embedded youtube video.

He also thinks he won a billion dollars in a default judgment.

The lawsuit involves alleged forced masturbation, abortion, copyright infringement, the illuminati, and he's amended to include the president (name mispelled "baraka h. obama"), the chief justice, and dino rossi.

Try working in public interest law, this sort of thing will be your every-day office routine. Oh, the stories.


urmomhasaids posted:

I have gone to law school specifically with the desire to practice elder law....where are these (non-solo) jobs?


If you're working at an elder law practice, you're probably working for a boutique firm, with fewer than 5 lawyers; it isn't something BigLaw firms seem to really do, it's a specialty practice for specialty firms, and one where you might make a decent living but won't exactly be polishing your extra jaguars on the weekends. Your state bar may have an Elder Law section, join it and attend meetings, so you get to know the other, more senior Elder Law attorneys practicing in your area. If you can't get a job directly for a firm that says "elder law" on the front door, try for any related subfield -- wills, probate, disability law, -- and then try to make the hop over once you've got some experience. Public interest law is actually a pretty good starting place, because there's a lot of overlap -- lots of poor people have problems with government benefits, or need an estate straightened out, or have a crazy relative they want to be guardian for, or whatever -- and there are a number of legal services attorneys attending meetings of my state bar's elder law committee.

Most of the people practicing explicit "Elder Law," though, are small/boutique-firm lawyers who were practicing estate/trusts/real estate law and branched out when all their clients started asking about how to become Medicaid eligible without losing their house. It basically breaks down into three fields -- estate/trusts, government benefits eligibility/issues (SS/SSDI, Medicaid, Medicare), and guardianship/conservatorship ("I don't think Grandma should still be driving, what can I do?")

Calenth fucked around with this message at 06:44 on Nov 24, 2010

Direwolf
Aug 16, 2004
Fwar
So here at Northwestern we just finished/are finishing our primary research memo assignment for our writing/research courses. I found much of the process kind of... we got about 3-4 times as much time as we really needed to finish the memo, so I really am left with no idea of how much time it really takes to write a real memo.

How much time does it take to write a real memo? For reference this one ended up around 15 pages.

Alaemon
Jan 4, 2009

Proctors are guardians of the sanctity and integrity of legal education, therefore they are responsible for the nourishment of the soul.
At Cooley, the Innocence Project clinic shares office space with the elder law clinic (which for the record, consists of prissy babies who are incapable of cleaning out the shredder when it gets jammed and who freak out as soon as they hear you talking about finding pubic hair).

At any rare. in addition to the three major areas already mentioned, I recall that they did a lot of landlord/tenant stuff, too.

Mookie
Mar 22, 2005

I have to return some videotapes.
I just tallied my total compensation (base + bonus) since I entered private practice. My annual raise year over year works out to about 2.4% because of the lovely bonuses for the last three years.

Mother Fuckers.

There's no way that makes sense. Fire a goddamned useless first year, keep half his pay, and give me the other half. Everyone worthwhile wins.

entris
Oct 22, 2008

by Y Kant Ozma Post

Mookie posted:

I just tallied my total compensation (base + bonus) since I entered private practice. My annual raise year over year works out to about 2.4% because of the lovely bonuses for the last three years.

Mother Fuckers.


It's hard for me to feel bad for you. Mostly I just read your posts and chuckle. What did you expect? A recession-proof position entitled to an endless progression of annual raises?

Mookie
Mar 22, 2005

I have to return some videotapes.

entris posted:

It's hard for me to feel bad for you. Mostly I just read your posts and chuckle. What did you expect? A recession-proof position entitled to an endless progression of annual raises?

When my billing numbers and production were recession-proof, yes. I'm pissed that the general lovely economy, which has not had any impact on my specific output, is being used as an excuse to gently caress me over because other people have seen falls in realization.

Omerta
Feb 19, 2007

I thought short arms were good for benching :smith:

Direwolf posted:

So here at Northwestern we just finished/are finishing our primary research memo assignment for our writing/research courses. I found much of the process kind of... we got about 3-4 times as much time as we really needed to finish the memo, so I really am left with no idea of how much time it really takes to write a real memo.

How much time does it take to write a real memo? For reference this one ended up around 15 pages.

Then you're probably doing it wrong. Ours was easy to write but editing it took forever. My time split was about 5% research/writing and 95% editing.

Roger_Mudd
Jul 18, 2003

Buglord

Mookie posted:

When my billing numbers and production were recession-proof, yes. I'm pissed that the general lovely economy, which has not had any impact on my specific output, is being used as an excuse to gently caress me over because other people have seen falls in realization.

Mookie, is this the first time in your life you haven't been treated like a unique snow flake? Start your own firm. :)

Mookie
Mar 22, 2005

I have to return some videotapes.

Roger_Mudd posted:

Mookie, is this the first time in your life you haven't been treated like a unique snow flake? Start your own firm. :)

The treason has begun.

Stunt Rock
Jul 28, 2002

DEATH WISH AT 120 DECIBELS

builds character posted:

What's the question? edit: I know a lot more about article 9 than article 2.

It's a moot point since it settled, but here's what happened.

  • Kid is loaned a bunch of money from Uncle & Grampa.
  • Kid transfers title of car to his Uncle in September, so Uncle can sell it. Uncle tried to sell it but was never able to sell it.
  • Kid tells Uncle and Grampa he's going to go get them cash to pay off his debt. Signs title to truck over to prove he's serious.
  • Kid never comes back. Uncle gets pissed, goes and picks up truck. Decides to hold onto car AND truck until paid off.

None of this is in writing.

Lawyer for Kid says those transfers require a writing as they are a sale of goods under Article 2 of the UCC. I disagree but don't want my clients to get sued. We reach a really fair settlement anyways, so it doesn't matter. But I was curious.

Side Note: At some point, the Kid applied for a new title from the state, claiming that his old title was lost, stolen, or destroyed. Which is both criminal and civil fraud. So if we did go to court over this, it would have been reaaaaaaaaaaally bad for his client.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Mookie posted:

There's no way that makes sense. Fire a goddamned useless first year, keep half his pay, and give me the other half. Everyone worthwhile wins.

Law firms are far more likely to fire you than a first year.
Cheaper and willing to be a bitch. Plus given the legal market, they had their pick of the cream of the cream this year, so he probably has better credentials. (Which means, long term they have more hope for him).

(this is how managing partners really think)

entris
Oct 22, 2008

by Y Kant Ozma Post

Mookie posted:

When my billing numbers and production were recession-proof, yes. I'm pissed that the general lovely economy, which has not had any impact on my specific output, is being used as an excuse to gently caress me over because other people have seen falls in realization.

I'm sure you are quite hard-working and good at what you do. I'm suggesting that the BigLaw model has had inflated compensation arrangements for years, and now BigLaw clients are realizing that they don't have to put up with it.

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider

Mookie posted:

I just tallied my total compensation (base + bonus) since I entered private practice. My annual raise year over year works out to about 2.4% because of the lovely bonuses for the last three years.

Mother Fuckers.

There's no way that makes sense. Fire a goddamned useless first year, keep half his pay, and give me the other half. Everyone worthwhile wins.

Actually I support this. First years are idiots and don't do what you need to do to be a great litigator: give campaign donations to judges.

Mookie posted:

The treason has begun.

Want a clerk?

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

CaptainScraps posted:

Actually I support this. First years are idiots and don't do what you need to do to be a great litigator: give campaign donations to judges.
To be a great jurist start donating money to politicians. On both sides of the aisle (that way you can be a great jurist no matter who's in power)

evilweasel
Aug 24, 2002

Mookie posted:

When my billing numbers and production were recession-proof, yes. I'm pissed that the general lovely economy, which has not had any impact on my specific output, is being used as an excuse to gently caress me over because other people have seen falls in realization.

You lost bargaining power.

Feces Starship
Nov 11, 2008

in the great green room
goodnight moon

Mookie posted:

When my billing numbers and production were recession-proof, yes. I'm pissed that the general lovely economy, which has not had any impact on my specific output, is being used as an excuse to gently caress me over because other people have seen falls in realization.

Hmm.

Perhaps, considering your genius and skill, you should consider your audience?

builds character
Jan 16, 2008

Keep at it.

Stunt Rock posted:

It's a moot point since it settled, but here's what happened.

  • Kid is loaned a bunch of money from Uncle & Grampa.
  • Kid transfers title of car to his Uncle in September, so Uncle can sell it. Uncle tried to sell it but was never able to sell it.
  • Kid tells Uncle and Grampa he's going to go get them cash to pay off his debt. Signs title to truck over to prove he's serious.
  • Kid never comes back. Uncle gets pissed, goes and picks up truck. Decides to hold onto car AND truck until paid off.

None of this is in writing.

Lawyer for Kid says those transfers require a writing as they are a sale of goods under Article 2 of the UCC. I disagree but don't want my clients to get sued. We reach a really fair settlement anyways, so it doesn't matter. But I was curious.

Side Note: At some point, the Kid applied for a new title from the state, claiming that his old title was lost, stolen, or destroyed. Which is both criminal and civil fraud. So if we did go to court over this, it would have been reaaaaaaaaaaally bad for his client.

Yay, it really was article 9! everything is article 9

Physical collateral, perfection by possession, plus kid signed title over too. Your client can almost certainly foreclose on the collateral. The other side is stupid because it's not a sale of goods. The kid was loaned money and the car/truck was collateral to secure the debt. The uncle was also acting as the kid's agent in selling the car so maybe there's something there but until it was sold it's still collateral. If it were a sale then there would probably have been a single transfer of both assets or one transfer of funds for each vehicle.

The other side could argue that the loan is invalid because it's not in writing but then there's a partial performance defense (and as a practical matter your client still has the cars and the other side still got the the money).

Still, because it's family settling is probably for the the best.

entris posted:

I'm suggesting that the BigLaw model has had inflated compensation arrangements for years, and now BigLaw clients are realizing that they don't have to put up with it.

economics :eng99:

edit:

nm posted:

Law firms are far more likely to fire you than a first year.
Cheaper and willing to be a bitch. Plus given the legal market, they had their pick of the cream of the cream this year, so he probably has better credentials. (Which means, long term they have more hope for him).

(this is how managing partners really think)

very close but I think marginally more accurate is they will keep mookie and fire someone else his year because they know mookie will pick up the slack. They will also defer hiring the first year for two more years.

builds character fucked around with this message at 18:53 on Nov 24, 2010

billion dollar bitch
Jul 20, 2005

To drink and fight.
To fuck all night.
Come on, though. There may be unemployed people in this thread, there may be students who've not yet gotten summer jobs. But this isn't to say Mookie doesn't deserve consideration/sympathy. From what I gather, he's worked his rear end off, to a degree I don't think I could even think about.

quote:

Cheaper and willing to be a bitch. Plus given the legal market, they had their pick of the cream of the cream this year, so he probably has better credentials. (Which means, long term they have more hope for him).

As if Cravath doesn't in the first place.

billion dollar bitch fucked around with this message at 18:55 on Nov 24, 2010

BigHead
Jul 25, 2003
Huh?


Nap Ghost

Direwolf posted:

So here at Northwestern we just finished/are finishing our primary research memo assignment for our writing/research courses. I found much of the process kind of... we got about 3-4 times as much time as we really needed to finish the memo, so I really am left with no idea of how much time it really takes to write a real memo.

How much time does it take to write a real memo? For reference this one ended up around 15 pages.

It obviously depends on the subject matter and how long you've been doing legal writing, what kind of writer you are, and how familiar you are with the subject. Are we talking after the research and factual gathering has been done? Or starting from scratch? As a 1L or a law clerk? As you get more experienced, it shouldn't take more than a day to whip out a 15 page memo if you know the subject well enough.

Roger_Mudd
Jul 18, 2003

Buglord

billion dollar bitch posted:

Come on, though. There may be unemployed people in this thread, there may be students who've not yet gotten summer jobs. But this isn't to say Mookie doesn't deserve consideration/sympathy. From what I gather, he's worked his rear end off, to a degree I don't think I could even think about.

No doubt, but big law lock-step discourages this activity. The only economically rational reason I can see that big law-ers don't just coast for 6-24 months on their huge salary is they think they'll make partner. My understanding is very few associates ever make partner. That's why I suggested he start Mookie & Associates, at least his hard work would benefit him vs. padding the profit per partner stats at his firm.

billion dollar bitch
Jul 20, 2005

To drink and fight.
To fuck all night.
Yeah that's a good point.

builds character
Jan 16, 2008

Keep at it.

Roger_Mudd posted:

No doubt, but big law lock-step discourages this activity. The only economically rational reason I can see that big law-ers don't just coast for 6-24 months on their huge salary is they think they'll make partner. My understanding is very few associates ever make partner. That's why I suggested he start Mookie & Associates, at least his hard work would benefit him vs. padding the profit per partner stats at his firm.

At least on the transactional side, for the most part only institutional clients are willing to pay those kinds of rates and they expect a broad level of sophistication that is extremely difficult to maintain in a very small firm. So you'll get a guy who advises a small fund on everything it does but because the small fund is only ever a minority investor he's really just reviewing stuff a big firm drafted and telling his client what he thinks about it. He's never going to be able to advise Fortress on their deals because they're going to need a much larger team of lawyers for the kind of deals they do.

I don't know how it works for litigation, but my guess is that it gets pretty comfortable at 200k+/year and lawyers tend to be risk averse. A friend of mine started his own white collar defense practice and is incredibly successful. He makes more than he used to at a firm and works about 1/5 of the time, all on his own time. But there's no certainty that his next case won't be his last. He's objectively quite good but also quite lucky. It's certainly not an experience I would recommend anyone else use as a model.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

builds character posted:

very close but I think marginally more accurate is they will keep mookie and fire someone else his year because they know mookie will pick up the slack. They will also defer hiring the first year for two more years.
There are a number of firms dropping the less productive 5-7 years and hiring 1st years for the reasons I laid out.
The 5-7's are known quantities at this point, often from lesser law schools. Even lesser firms are getting Harvard and Yale students now who at least they can brag about. The smarter firms are realizing that they can hire anyone they want now and they will gladly be their bitch because this is the only job prospect they have.
It sounds like Mookie has been their bitch, so he's probably safe.

Solomon Grundy
Feb 10, 2007

Born on a Monday

Feces Starship posted:

Hmm.

Perhaps, considering your genius and skill, you should consider your audience?

Ouch. Has the thread finally turned on our brightest star? Is Mookie no longer our favorite son? That very same callousness to the suffering of others is what lead to Mookie's amusing thread indentity (e.g. "skulls for the skull throne.")

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Green Crayons
Apr 2, 2009
It's because he showed weakness.

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