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Solomon Grundy
Feb 10, 2007

Born on a Monday

Dargon Drama posted:

Although his firm no longer exists, nine of Dargon's former employees are named in Judge's order and could also be liable for the fines. "If there is no firm, we're going to chase the individuals," Richard Arcand, a spokesman for the Banking Department, said yesterday.

Oh no! They are going to levy and execute on Don Rader's beard!

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Solomon Grundy
Feb 10, 2007

Born on a Monday

gvibes posted:

I talked to another associate here who billed something like 670 hours over the last two months.

On pace for 4000 hours!

People are crazy.

A few years ago, I was a senior associate who didn't make partner when I thought I would, so I went on a round of interviews at other local small firms. I made the cut at one particular firm, and for a third interview, I had lunch with a name partner. The whole lunch was telling me about his (third) divorce that started last year when he hit 4000 hours for the second year in a row. Gee, I wonder why? I got back and sent a polite letter withdrawing my name from consideration.

Oh - by the way - suit BOGO at Men's Wearhouse this weekend. I could die and go to heaven.

Solomon Grundy
Feb 10, 2007

Born on a Monday

evilweasel posted:

So he claimed he worked more than 2/3rds of every waking hour for two years straight? That's loving insane.

I figured he was either lying or insane. Either way I didn't want to work with him.

Solomon Grundy
Feb 10, 2007

Born on a Monday

Ainsley McTree posted:

I have jury duty tomorrow morning. They'll let me go once they figure out I'm a lawyer, right? They have to. They have to.

I just hope I don't have to show up more than once. I have to get up at 5 am to get to the courthouse in time and that's just stupid. If they pick me for a case I'ma sleep through it, gently caress em

While I am sure this is a heavily local thing, the one time I was called to jury duty, I waited around in the bullpen for half a day, then got called up in a venire. The judge looked out, recognized me and another lawyer, and told the lawyers trying the case "that's x- he does plaintiffs' work, and that's y - he does defense. You don't want them on the case, right"? They both said right and we left.

Solomon Grundy
Feb 10, 2007

Born on a Monday

SlyFrog posted:

I think this thread has been focusing too much on the "no jobs" stuff lately, and not enough on how the job itself will twist and corrupt you as a person. Clearly we need more, "The futile search for money is the only salve for my empty soul, for I have chosen a profession that makes monsters out of men," chat.

Let me tell you about my "vacation" with my family this week. Saturday, travel. Sunday, edited brief, reviewed 70 page lease, returned calls on cell phone, was able to join family for dinner. Monday, went swimming with kids, then prepped the rest of the day for a depo. Tuesday - 8 hours of travel for a 2 hour depo, returned to vacation location only to have a multi-party email discovery fight. Today, worked all day on appeal on my laptop while sitting on deck, watching kids play. I did get to play a game of yatzee. Tomorrow, must finish appeal, and begin trial prep. Friday, if I get enough done with trial prep, I hope to go to on a boat ride. Probably not. Saturday, travel.

entris posted:

It's pretty cool/confusing having a secretary - what do I use her for? Copying? I don't have any idea how to handle that.

LEARN TO DICTATE. I don't care how fast you can type, you can talk faster.

Solomon Grundy
Feb 10, 2007

Born on a Monday

Penguins Like Pies posted:

My office dictates. It makes sense for our most senior partner but the student was told she should learn how to dictate. I'm not sure how comfortable I'd be dictating. I'm the type, reread, and edit type. Speak, rewind, and rerecord seems meaningless to me since I'm still working on speaking off the cuff. I'd rather have my assistant do my formatting than type for me.

Maybe that will change in a decade when I'm a brilliant advocate. Heh. But I'm sure they'll have speech-to-text perfected by then.

Dictation is a tool, not a means to write briefs or contracts. I also am a very fast typist. But that is not the point. Dictation is extremely valuable for documenting things, not for writing. For example, if I have a phone conversation with a client, I pick up the recorder and dictate a 30 second memo about the conversation. Then 2 years later when the client is mad at me and says "I never told you that" I can demonstrate that yes, he did in fact tell me that.

It is also extremely useful for giving tasks. At home in the evenings, I will be struck with thoughts of things that need to be done, and I dictate a 10 second instruction to my secretary - things like "prepare a bill for X, call accounting and get the costs for Y, pull the Z file and scan in the contract and email it to me, etc."

I do a lot of appellate work, and dictation is invaluable for summarizing transcripts. I can read a transcript and dictate facts and page numbers at a much faster rate than I could type all that stuff myself. A transcript summary for a two week trial can reach 70+ pages. I'm not going to type "(Tr. Vol. VI, p. 749)" over and over again.

As you get more comfortable with it, you can even dictate first drafts of substantive letters, then do the edits yourself. As soon as you realize that you don't have to rewind and get it perfect the first time, you can fly through it.

Beleive me, as you get more and more buried later in your career, knowing how to dictate can allow you to dictate yourself out of holes.

Solomon Grundy
Feb 10, 2007

Born on a Monday

SlyFrog posted:

I just don't fundamentally understand it. I have no idea why any person on this planet, who is making $500,000 and could easily live on $300,000 if they scaled back their hours accordingly, would prefer to spend their free time reviewing yet another 80 page M&A agreement instead of reading a book of their choice, learning to paint, etc.

All it takes is coming to your office once, and having NOTHING TO DO. It has happened to me twice. Come in, look at the files that you looked at yesterday, and nothing new has happened, and the phone is not ringing. Water your (dead) plant, clean your office, wonder who you will send bills to at the end of the month, and how you will make rent and payroll. It is terrifying.

So when you are so buried you can't see straight, and a new client calls you with a $25,000 retainer and a sparkly, succulent lawsuit, you say "yes." Because if you say no, you may find yourself with NOTHING TO DO in six months, and as a result, nothing to bill.

The next thing you know, you are one of those people.

Solomon Grundy
Feb 10, 2007

Born on a Monday

nm posted:

Nothing.
In criminal law I am unfailing civil as a I call prosecutors on their bullshit.

My dad, who is pretty successful complex lit attorney, says he gets quite a few referrals from former opposing counsel.

Nothing is gained from incivility, it is the refuge of a bad lawyer.

(This doesn't mean you can't talk about them behind their backs, but choose the party you speak with carefully.)

I agree wholeheartedly. I have both sent work to and received work from former opposing attorneys. One even sponsored me for an specialized bar membership.

But I know of three lawyers who are notoriously combative, and in weird ways, it has helped their careers. Two are so obstinant that their opposing attorneys give up and look for ways to get rid of the case. The third is so evil in depositions that I hired him as co-counsel in a fee dispute I had with another lawyer just to take that lawyer's depo. Good times.

But I have seen it backfire much more often.

Solomon Grundy
Feb 10, 2007

Born on a Monday

cerebral posted:

Thanks for that, it puts some things I've seen and not entirely understood in a different light.

I've only had to work against Assholes, but I definitely know a Bastard. He is good (if not excellent) at what he does, and is widely feared in the local legal community. The problem is, his bastardness extends beyond litigation and into every facet of his life, and he is the most unpleasant human being I've ever had the displeasure of being around even in social situations.

One of the rear end in a top hat/bastards I mentioned above got a greivance filed against him by a client. Our local bar association greivance committee investigated and substantiated the claim. rear end in a top hat's response was to sue each member of the greivance committee, in their individual capacities, for defamation. TOTAL WAR ARRRGHH....

Solomon Grundy
Feb 10, 2007

Born on a Monday

Unamuno posted:

So, how do y'all deal with the non-stop regret and self-loathing borne of knowing you ruined your life by going to law school? How do you learn to trust yourself again after having it great and, ignoring all the well-reasoned advice at your disposal, choosing to throw it all away?

:emo:

You buy a boat. A big loving boat. Then you invite friends and clients to the lakehouse for a weekend of impressing them with your big loving boat, and the motor won't start and you are left swimming from the dock, bathing in even more self-loathing.

Solomon Grundy
Feb 10, 2007

Born on a Monday

quepasa18 posted:

I think the most I ever took at once was two weeks when I got married.

I don't get it. Were you so enraptured by your new love that you couldn't check your blackberry?

Solomon Grundy
Feb 10, 2007

Born on a Monday

HiddenReplaced posted:

As my IRC bros can confirm, I do well with the ladies. You are just jelly.

Others who are invited to IRC that have never been:
SoothingVapors (I think you were in IRC for 8 seconds in 2009, but we have a 60 second minimum)
That fat rear end Korean chick who broke a table by sitting on it
Zzyzx, so War can mock him for going to an inferior institution
Ainsley
Roger_Mudd
Grundy
Billion Dollar Bitch
HooKars
TyChan
Holland Oats

I'm too old to learn a new technology. "Chat clients" frighten me the way that TV remotes frighten you grandmother. Besides, I have been warned by Dateline not to chat on the internet.

Solomon Grundy
Feb 10, 2007

Born on a Monday
Look, take me back to the days of the 2400 baud modem calling into the local BBS to download the Anarchist's Cookbook as a .txt file. I am comfortable with that. All these mibbits and gribbits and whatnot are too taxing for this old man to take, what with text messaging and low-riding pants and all that.

Solomon Grundy
Feb 10, 2007

Born on a Monday

HiddenReplaced posted:

At least you're not in the South?

There's a large anime convention every year in Atlanta at the end of September. 10-15k Gokus and Sailor Moons running all over the place.

http://www.awa-con.com/

I convinced my fellow first years that we should have lunch at the place hosting it today. Now I have pictures of them posing with Power Rangers and Naruto characters. What should I do with them?

Save them for 10 years then post them in the restroom over the urinal.

Solomon Grundy
Feb 10, 2007

Born on a Monday
Weird sense of deja vu this weekend as I vomited into the dumpster behind my old law school. Ahh, those were the days.

Solomon Grundy
Feb 10, 2007

Born on a Monday

Saga posted:

No, it's dark irony, because thanks to the economy he now lives in that dumpster.

Not at all. I was vomiting because some bankers took me out and got me loaded because they think I am in the 1%. Ha. Fools!

As for deja vu / nostalgia, I did specifically vomit in that dumpster previously, around 1997, so I think it is a toss-up.

Solomon Grundy
Feb 10, 2007

Born on a Monday

Green Crayons posted:

He must have settled for one of those government jobs. I hear that you only hit the 100K threshold but the benefits are pretty sweet plus you get to spend a little extra time at home. Get some time to work on that book.

Nah - 13 years of small firm. I'd do better but only about half of the work I do is on my own clients. The rest is for my partners' clients, and they eat up most of the fees.

I do have lots of flexibility - I have been in the office only about 8:30 to 4 since football season started, and last week I didn't come in at all because I had a sick kid. I still billed, mind you, but I did it from my back porch.

So we are not quite in the 1%, but if my wife gets another promotion at her large faceless corporate entity, we'll be there soon.

Solomon Grundy
Feb 10, 2007

Born on a Monday

IrritationX posted:

It basically gives the firm a permanent person to foist that poo poo off on, with a title of Office Manager if they don't have a JD or a Managing Partner if they do.


The problem with this idea - getting a management degree so that you can become the managing partner - is that managing partners don't get to be managing partners by being good at management. They get to be managing partners by generating an enormous amount of legal work for the firm. When a partner controls the influx of money to a firm, and could take that money to a different firm, he or she gets to be in charge, because everyone else is scared that the managing partner will turn off the money faucet. Skills at management are simply not part of the equation.

Solomon Grundy
Feb 10, 2007

Born on a Monday

dos4gw posted:

Which in the end amounts to just paying a management consultant for advice

Which the rainmakers won't do. "Why do I need a consultant? I generated $x last year!"

Solomon Grundy
Feb 10, 2007

Born on a Monday

10-8 posted:

That's all well and good in a MBA 101 sense, but in law firm world the guy who brings in the most money gets to make the decisions even if he's not the best person for the job.


Additionally, the guy who brings in the most money gets to make the decisions even if he's not particularly nice, humane, sane, or oriented in time and space.

In my firm, two of the partners generate 70% of the work in the firm, and the other four of us generate the other 30%. Yes, we are all partners and we could outvote the two BSDs, but at what cost? "You guys outvoted me? gently caress you. Imma take my work down the street." Then what?

Solomon Grundy
Feb 10, 2007

Born on a Monday

CaptainScraps posted:

How do you guys drum up clients?

Poorly, in my case.

Most of my business comes on referral from other lawyers. I get it by joining lawyer clubs, teaching seminars for lawyers, and writing smarty-pants articles for attorney magazines. This year, I am on pace to generate around 800 hours of work for myself, which is the most I ever have generated. The other 1200-1400 hours comes from work generated by my partners.

The guys who drum up 70% of the work for the firm have done so in two different way. Both built their practices in the 1980's and early nineties so the model is unlikely to work in today's market. Both bought houses in big fancy neighborhoods and are very active in those neighborhoods, becoming friends with rich people. One of the lawyers parlayed a relationship with one of the area's largest real estate developers into representing lot developers, contractors and banks. The other one joined a lot of community organizations, country clubs and other places where he could meet rich people, and he schmoozed like hell.

Solomon Grundy
Feb 10, 2007

Born on a Monday

CaptainScraps posted:

Those are harder than the real test. Barbri wants to sell you poo poo :ssh:

Thanks Solomon. I've got some capital together (about $10K) so I'm kicking around hanging my own shingle. I've got a friend who says she can bring in corporate clients (and has been approached by them to do work) but really doesn't trust herself to do it solo. Meanwhile I'd be doing every civil, family, and criminal case I could get my hands on with reasonable merit.

The hard thing for rookies hanging a shingle is that you don't have anyone with experience to approach for help. It was around year 7 before I felt that I could handle most matters without asking dumb questions of the folks down the hall who had been doing it for 20 years. Good luck.

Solomon Grundy
Feb 10, 2007

Born on a Monday

Roger_Mudd posted:

Experience is awesome but I've found that with a) a good selection of books b) example pleadings and motions and c) the rules of procedure/evidence & d) westlaw you can pretty much get what you need (in motions practice, haven't gone to trial yet).

The question is really the amount of time required to do any activity on par with more experienced attorneys. Much faster to just ask someone who's done it before.

Planning on going solo in Feb. I hope to refer the more complex cases to someone else for a % and the training.

I don't mean it to come off like this will probably sound, but if you have not been through a trial yet, you don't really have a handle on how to work up a case (at least a civil case). Much of what you do in discovery and motion practice is driven by how you want the case positioned at trial. You have to envision what you want the case to look like at trial, project out the evidentiary issues from the outset so that you can solve them in discovery, and set trial traps for opposing witnesses in depositions. You have to picture the trial, and work backwards to set it up. If you have never had a trial, picturing how the trial will work out is difficult.

Here is a practical tip for new lawyers filing a civil lawsuit. If your jurisdiction has model jury instructions, start there. Before you draft the complaint, look at the model jury instructions and try to put together a set of jury instructions for your case. Then, when drafting the complaint, be sure to allege facts which support each element of each claim as described in the jury instructions. Then make a list of those facts, and determine how you will try to prove those facts at trial. Which witnesses can testify to which facts? If proof of a fact is document-dependent, who has the document and how can you get it? Once you have the document, how do you authenticate it? If you need an expert, what foundational facts does he or she need to support the opinion, and how do you get those facts into evidence?

If you make a roadmap for yourself, it makes everything else a little easier. You can pull it out before depos, to make sure you ask the right questions. You have a head start when a summary judgment motion comes in. How do you defeat the objection to the document that your client stole out of the front seat of his opponent's car (true story)? It is best not to get caught flat-footed at trial.

Most importantly, if you know the target you are shooting at at trial, it reduces a lot of wasted time going down blind alleys, and helps you focus on the important stuff.

I was lucky enough to start my career working for a lawyer who had been in practice for 40+ years, who gave me that tip. He also trusted me enough to simply hand me low value cases, and told me to go try them. I still had to frequently call back to the office (in the days before cell phones) for answers in the middle of trials. I don't know how you guys are going to do it without a resource like that, but you have my admiration for having the guts to try it.

Solomon Grundy fucked around with this message at 12:27 on Nov 5, 2011

Solomon Grundy
Feb 10, 2007

Born on a Monday

Erdricks posted:

Holy poo poo, there are people out there who don't draft a complaint without looking at the model jury instructions first?

I'm not trying to be sarcastic - seriously, I thought that was common sense 101. I have an entire little checklist I run through whenever I pick up a new case just to make sure I don't fall into any traps for the unwary.

Sorry, it was not something that was covered in my law school, and it was quite a revelation when the tip was passed on to me.

Solomon Grundy
Feb 10, 2007

Born on a Monday

yronic heroism posted:

They need to start making CMR guides to the actual practice of law so I know what the hell I'm supposed to do now, because "talk to a bunch of lawyers to figure it out" is just awful. Would pay thousands more dollars for this option.

Put me on retainer for consults.

Solomon Grundy
Feb 10, 2007

Born on a Monday

yronic heroism posted:

Weren't you listening? The beauty of CMR is it lets you not deal with other past/current/future lawyers.

It was an object lesson. Once you practice for a few years, you won't hear anything a potential client says either, execpt for words like "thousands more dollars."

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Solomon Grundy
Feb 10, 2007

Born on a Monday

nm posted:

Most states do. California is weird.
We're also still allowed sex with clients.

No wonder it is so hard to pass the California bar exam. I thought attorneys were flocking there for the nice weather.

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