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MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

Erdricks posted:

Got an appeal before Posner coming up soon. Argued plenty of appeals to date. Never been afraid before. Am afraid now. Pray for me, lawgoons.

How could you know that? The composition of panels is one of the most closely guarded secrets the Seventh Circuit has. Unless it's en banc, or the case was previously heard by the same panel...

e: I guess this could have changed since I stopped paying attention a year or two ago. But it was definitely true a couple of years ago.

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MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

sigmachiev posted:

ATTN Tax Goons: Anyone here work for the IRS? Anyone here know when the hiring freeze ends? Any tips on getting that gig (assume the person has an LLM from NYU).

I don't think there's any reason to think the hiring freeze is going to end any time in the near future.

What division are you looking at?

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

MoFauxHawk posted:

Oh drat, my Contracts professor is talking about the article now, including the part about contracts. He also wrote an angry comment.

You should ask him why you're paying $35,000 a year to hear him justify his existence instead of teach you contracts.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

Cyrezar posted:

Alright, I want some feedback from the tax guys in this thread.

I already have a great job at the IRS, as a Revenue Agent. Realistically, the highest grade I can reach while remaining at this position is a GS-13, although I have heard of GS-14 RAs. I'm currently a GS-9 and about to be an 11 in March, at which time I'll have to compete for promotions to 12 and higher.

I've already passed the CPA exam and should be licensed in another year or two at most. The accounting side of the job is interesting, but my favorite so far is definitely the technical tax law aspect. Obviously, having an understanding of one side is a huge help with the other.

It seems to me that to reach the higher echelons of the tax law world, it certainly helps to have a JD, and at some point is basically required.

Now, let me make one thing clear: I am NOT going to leave this job to go to law school, because I'm not a moron. I'm currently debt free and could work this job for the rest of my career if so inclined. As said before, I love the job and got it against all odds. We are since on a hiring freeze and the budget looks dire. Outside hires are going to be few and far between.

My plan is to get somewhere with a night school that is as cheap as possible. Prestige means literally nothing to me, as I'm not trying to get a job at a law firm and don't care about impressing anybody with anything except with what I know. From there I can hopefully internally transition to Chief Counsel. Chief Counsel goes up to GS-15, as previously mentioned.

I've spoken to the Supervisory Trial Attorney in my office and she said that while it depends on who the actual head of Counsel is, you can have a Harvard JD and an LLM in tax from NYU or a JD from NC Central and be on equal footing there when it comes to hiring. A side note, when questioning her about this she immediately mirrored this thread and said DON'T GO TO LAW SCHOOL NO JOBS DIE ALONE. There are also at least 4 lawyers working upstairs for free right now.

from OPM.gov:
GS-15 step 1 for rest of US: $113,735
GS-15 step 10 for rest of US: $147,857
GS-13 step 1 for rest of US: $81,823
GS-13 step 10 for rest of US: $106,639

It takes 18 years to go from step 1 to step 10. Including the time spent on lower grades, this approximates a career of 25-30 years.

The difference of the average of the GS-13 and GS-15 high/low payscale is $36,565. Assuming my current net pay of 68% after taxes, pension, insurance etc. results in an average yearly difference of $24,864 net. Again, this is a very rough calculation and doesn't factor in the cost of the school or the time value of money.

It seems to me like there is a financial incentive to make such a move, even if I never worked anywhere else besides the IRS. However, if I do decide to move into the private sector, I'd rather work long hours and get paid as a lawyer than as an accountant. From the law firm bio's I've read, this is a fairly common route to take for the tax partners at many DC law firms (Accounting background/CPA, IRS experience, Counsel, private sector).

I know we've got a few tax lawyers in here, just wanted to hear what you all had to say for someone in my position.

Counsel only goes to GS-15 for management, senior counsel, or special trial attorney positions. There aren't that many of those out there. So don't assume you'd ever get above 14.

I also think the advice that where you went to law school doesn't matter depending on who the actual Chief Counsel is is naive at best. It smacks of "it used to be this way and it might go back to being that way." It's probably not going to. Everyone who's hiring lawyers can afford to be far more choosey about who they hire these days, and Counsel is no exception.

When you say "Outside hires are going to be few and far between," I'm not sure if you mean that this gives you a leg up or not. If you do, I think you might not be right. Counsel has its own staffing levels it's supposed to adhere to independent of the larger IRS. Right now, my understanding is we're above them. And given that people are scared to retire right now, we don't have a lot of attrition either.

It's not exactly uncommon for revenue agents, revenue officers, and paralegals in Counsel to go to law school and hope to get hired as attorneys. I can think of two who successfully pulled that off. Both did it a long time ago, when the rules of the game were different. The one I know who did it far more recently has pretty bleak prospects.

I will also add that on a personal level I don't think Counsel should be hiring former client-side employees as attorneys (though nobody's asking me). A lot of the time our job is to tell the client a) no, b) you're doing (or did) your job wrong, or c) read the loving manual. I find the attorneys I know who used to work for the client seem awfully chummy with the client and I think it makes it harder to do that.

e: Thank you for posting that case, 10-8. I thought about doing it and thought better of it.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

Cyrezar posted:

That's straight from the mouth of someone who literally interviews and hires lawyers for Counsel, by the way. She said that the previous Chief of Counsel would only hire Ivy League, whereas now there are several working there from what you would call TTT. As you said, this could change depending the preference of the next Chief.

But I agree, maybe Appeals would be the better route since I'd get to write up interesting tax law issues, get to GS-14, and not have to spend any more money.

When referring to outside hires, I means positions posted for external hires as opposed to internal hires. Internal hires generally get preference. There are a large number of job openings open internally that are never available for external hires.

I'm sure the AAC you're talking about knows what she's talking about, but my perception is that, on average, the people who have been hired in the last few years have far better "paper" credentials than the people who were hired more than, say, five years ago. 10-8 may have a different perception.

Are there a lot of entry-level attorney positions posted for internal hires? There could be - I don't peruse the openings very closely. But again, just speaking from my experience, every attorney I can think of us hiring in the last couple of years has been an external hire, either through the honors program or hiring someone with experience in the private sector.

MaximumBob fucked around with this message at 04:49 on Dec 2, 2011

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

MayakovskyMarmite posted:

I need some anonymous relief/advice. The basic gist of the story is that the partner I pretty much exclusively worked for at a very successful litigation boutique jumped ship for a biglaw partnership. I was a little miffed that he left without even telling me he was thinking about leaving, but whatever. The problem is he also left an absolute mess in terms of files and has been unbelievably unprofessional about the transition. Not only was he too much of a free agent to actually follow firm policy and submit co-counsel agreements and retainers, but he also didn't really understand the privacy controls on our electronic filing system.

As such, I've been digging through his email and have now stumbled across not only his affair with a younger co-counsel associate, but also his further dickish and selfish behavior that has negatively impacted my ability to continue at this firm. Things are especially depressing since I kind of liked the guy and now know that he not only hosed over myself and others, but that his "mistress" (who I had a very high opinion of) really suffered.

I so want to confront this guy and distribute some emails, but don't think that is the wisest idea. The best I can do is bitch online.

Here's a happy thought. If he violated rules of professional conduct you're almost certainly obligated to report him.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

crankdatbatman posted:

I realize that if I go through with this there is a good loving chance I'll be an alcoholic with clinical depression, and I may just end it all by the time I'm 32, but could someone please be objective about these few questions I have. Every law school I've come across has told me they have really high employment rates, above 80 and usually above 90%.

After reading this I'm pretty sure you're trolling, but you realize there are at least fifteen schools being sued right now because students are accusing them of inflating these numbers, right?

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

Agesilaus posted:

No, you're the one who is utterly confused; unless you think that public attorneys don't have the ability to perform quality work, then you don't have a point here. All you're indicating is that the public sector is not being funded well enough, not that the public sector is inefficient or that their attorneys are inferior and therefore not comparable. Public offices run in such a fashion that, pound for pound, they clearly out-perform large law firms.

If you turned the tables and gave the public sector big law's budget, and big law the public budget, they would wring their hands and jump ship, while we would serve the entire country's legal needs. On the efficient, public sector side of the equation, you would have larger offices that can handle the case loads they are required to take. On the big law side, you would see a bunch of doc-review clerks poo poo their pants and collapse. Which as far as I can tell is what they do right now when they show up for their pro bono hours.

You're a prosecutor in a giant municipality. You have a police force to build cases for you, a system that punishes minor crimes committed by the poor and defenseless so severely that you're guaranteed to have average outcomes that look like impressive victories, and anyone with the means to mount a serious defense probably donates to your bosses or the bosses of the police and there's never a case to go anywhere in the first place.

The bulk of your office's work is no more difficult or impressive than those foreclosure mills that handle thousands upon thousands of proceedings and occasionally make grave mistakes with no consequences. Just instead of kicking people out of their homes you're putting black men in jail. Congratulations, you're clearly more efficient than those overpaid civil litigators.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

Soothing Vapors posted:

I will never understand why people still seriouspost at grumblefish

never

I'm a weak, weak man, that's why. I can't help myself.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

Schitzo posted:

What really makes me scratch my head is the logic that could lead to such a statement. It basically reduces down to majority rule = valid law.

But one of the reasons any country has a judiciary in the first place is to protect minorities and society's most vulnerable from being trampled by the majority.

Thankfully, the Supreme Court seems pretty intent on protecting the right of the wealthy to watch the poor bankrupt themselves any time they need surgery.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

entris posted:

You reveal your bias. So-called "tax cheats" are just ordinary folks patriotically defending their freedom against an over-reaching and unconstitutional governme-:barf:

Couldn't finish with a straight face.

So when petitioners' attorneys call me up and give me sob stories and complain about the treatment which their clients suffered, they're trying to suppress their gag reflexes the whole time? That's a relief.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

dos4gw posted:

As I have said all along, I am not averse to looking to academics for guidance on things like this. My problem with it is that it isn't really law and shouldn't masquerade as such, because it's sociology. Yes some people will argue that it should be fused but I just don't think it should be. And as far as the quality of the output, I had a look at the first few pages of the pdf that was posted and I just started laughing trying to imagine standing before a judge and saying,

"As your Lordship will know, a number of academics favour the concept of 'legal realism' which means that your Lordship's decision will really be a political decision and I would submit that perhaps your Lordship consider his invisible privileges before pretending to make an objective judgment, because in reality it will be a highly prejudiced piece of political activism, motivated by an unconscious desire to reinforce the pre-existing elite and to trample on the lives of those less fortunate."

It's ridiculous in the extreme.

I think maybe taking the sort of classes where you actually need to argue policy might have done you some good because someone might have taught you about straw men.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

HolySwissCheese posted:

A guy in a lobster costume barged into my wills and estates class and proposed to his girlfriend. Don't go, no jobs, die in the arms of a lobsterman



Note: the person next to me in class was on FB at the time

Had you researched Thermic Lances before you encountered the Lobster Man? Or did you at least have a Thermal Tazer? Nothing worse than having to abort an early mission because of an unexpected lobster man you can't kill.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

sigmachiev posted:

Any predictions on the healthcare ruling tomorrow?

The media will vastly overstate its significance to the presidential election, which will be nil.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

sigmachiev posted:

Any predictions on the healthcare ruling tomorrow?

Oh, bonus, serious prediction: If the Court finds that it has jurisdiction and the Anti-Injunction Act does not apply to this penalty, I expect a slew of district court suits over the next year or so from the sovereign citizen crowd seeking to enjoin the collection of taxes and penalties as they take that holding vastly out of context.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?
I'm in for fantasy football.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

Soothing Vapors posted:

Thank you for this. God Posner owns

Posner is also completely awesome in person. If I was in his position I'd probably be a total dick, but he's really cool.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

HolySwissCheese posted:

Anyone rich enough to hire a bankruptcy lawyer isn't really a public interest sob story.

Now working for the government. That's the public interest.

The people who hire Chapter 13 mills are often in pretty bad shape.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

Ashcans posted:

Out of curiosity, does the Sovereign Citizen stuff overlap entirely with people who are mentally ill/conspiracy bugs, or are there otherwise regular people who are just convinced courts are a sham?



I don't think everyone who is espousing that crap is mentally ill, but to a certain extent you have to be kind of a conspiracy bug. If you believe there's no law requiring you to file a tax return* or that the income tax only applies to federal employees or only to people living in DC, but the IRS is defying the law and collecting it anyway (and that in fact Congress may be complicit)**, you believe, at best, that a 100,000-employee federal agency is completely wrong about its mission, but more likely you have to believe that some or all of the organization knows the truth and is just running a racket. For that matter, it basically requires you to accept that nearly everyone else in the country is a dupe and you're the smart one - which isn't a conspiracy theory, exactly, but seems related.



*: Somehow if you say "It's 26 USC 6012(a)," nobody ever reads it and goes "Oh! Yeah, you're right! I guess I do have to file!"

**: There are people who legitimately believe that the income tax is constitutional and that it applies to some people, but not the vast majority of American citizens. Some of them also believe that Congress is in on this scam. Why, if they believe all these things, they don't think Congress would have just gone ahead and made the tax applicable to everyone else, I have no idea.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

Lote posted:

It sounds like some of the people you're talking about have either a schizotypal personality disorder or paranoid personality disorder. Schizotypal personality disorder is basically diet schizophrenia. They have, among an extensive list of possible symptoms, odd thought processes, but they can function relatively well in society. Paranoid personality disorder is exactly as it sounds. These don't preclude each other, and you can even mix and match multiple personality disorders. :eng101:

It's hard to just say that the people who believe crazy things are just some type of insane though because there are different types of not making sense: I've had to deal with people who clearly don't apprehend reality the way I do (and I assume I'm the sane one because I keep winning). They'll say "I know you have to do your job but I have to file this motion for judicial notice of twenty cases that are unrelated because I have to make my record, you understand?" And I don't understand. But I say sure because what the hell else am I supposed to do? And then I have the people who file requests for admissions demanding I admit that there's no law making them liable for income tax and I at least see where they're coming from because it's the right procedural vehicle and the right question if you just assume their initial premise is correct. Which it's not, but still.

MaximumBob fucked around with this message at 04:34 on Apr 12, 2013

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

10-8 posted:

I had a realization today and it made me sad. I spent the day tearing apart a bathroom, redoing the plumbing, installing a new vanity, etc., and it was so much more fulfilling than when I shuffle papers around.



Don't worry, you're doomed to hate whatever you do for a living:
http://en.wikipedia.org/wiki/Marx%27s_theory_of_alienation

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

10-8 posted:

Courier New is an institution where I work. It was only last year that the US Tax Court allowed pleadings to be filed in anything but Courier New. It was awful.

But now you can use proportional fonts... As long as you make them 14-point!

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?
Alright, admit it, this guy is someone in the thread:

Lawyer offering $1,000 not to go to law school

quote:

Matthew Willens, a Chicago personal-injury attorney, announced this week that he's launching a $1,000 Anything But Law School Graduate Scholarship for one student a year who is planning to go to a nonlegal graduate school.

A Chicago personal injury attorney who says he's concerned about the future of the legal profession has put his money where his mouth is — by offering to pay people to not go to law school.

Matthew Willens announced this week that he's launching a $1,000 "Anything But Law School Graduate Scholarship" for students planning to go to a nonlegal graduate school.

Willens, who also teaches at his alma mater, Loyola University Chicago's law school, isn't opposed to legal education, though he acknowledges some law schools are "pumping out more lawyers than there are lawyer jobs."

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

ThirdPartyView posted:

Welp, I finally read the Sovereign Citizens movement Wikipedia entry and learned about the so-called missing 13th Amendment and the whole thing on why they don't recognize attorneys/the court. The only remaining question I have left is: what the hell is the whole fringe on flag thing?

It's dumb and has something to do with how the law defining the official U.S. flag doesn't provide for gold fringe and therefore if you're in a courtroom and there's gold fringe on the flag you're really in some sort of foreign enclave/admiralty court/under martial law.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

PatrickKilpatrick posted:

I used to lurk in this thread a long, long time ago. Does Mookie still post here? Did he ever make partner? That dude used to be my favorite

I don't think he does post here anymore, but I just looked him up and it looks like he hasn't made partner to this point. I'm not certain he's at the point where he should have or that's a problem for him.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

Phil Moscowitz posted:

Based on my extrapolations from his posts, he's probably in the beginning of the typical 3-year lookback period many firms use to decide partnership.

(I don't know his name or anything but I believe he's in his 6-7 year depending on clerking credit.)

My read is that's where he is, but I've never worked at a firm, so I wasn't sure if that was the right period or not.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

mastershakeman posted:

Ah yes, the poison lake filled with poison animals, the best place for lawyers to swim.

Wikipedia tells me that you have to pay $100 for a ten day pass to swim in this lake, too. Somehow the fact that you have to pay to swim in the poisonous lake full of (only slightly!) poison animals - and that you run a nonzero risk of being eaten by a saltwater crocodile when you do - seems to fit.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

Mr. Nice! posted:

I was at first taken aback, but there does indeed seem to be crocs in Palau. All the more reason Palau owns.


Also there are a ton of tours that take you to jellyfish lake. I went on an all day snorkeling tour that cost like 35-40 bucks.

I live in Chicago. I have a poison lake I can jump in for free any time I want. And internet.

Seriously though, a guy I went to law school with works in the PD's office in Palau and the couple of pictures/videos he's posted on Facebook of the island are absolutely gorgeous.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

ThirdPartyView posted:

Not sure if anyone here knows anything about it, but is taking the US Tax Court Practitioner (USTCP) exam worth it?

Probably not, but why are you thinking it might be? If you're a CPA or an EA you can already represent your client in front of exam, appeals, and even chief counsel after the client's filed a petition. I don't have statistics on this, but the percentage of audits that end up requiring actual litigation in Tax Court has to be minuscule. And if a case requires real litigation, a taxpayer would likely be better served having someone who is in Tax Court a lot than someone who is almost never there but theoretically could - it's got some procedural quirks that are tricky for attorneys who are used to litigation in other courts, let alone someone who's rarely in court at all.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

ThirdPartyView posted:

Eh, I've read cases where the Tax Court judge basically pulled a justification to back the IRS from their rear end, so I wouldn't say there's no bias at all, but it's heavily overrated due to sovereign citizen/tax protestor/other pro se cases.

Do you have any examples?

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

Zo posted:

Google said a while back that gpa had zero (not low, zero) correlation with performance for their hires and I can't see that being different for law.

This is the same Google that illegally conspired with other tech companies to keep wages low, so I'm not sure I'd take the public statements of one of their HR executives as gospel.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

Soothing Vapors posted:

It's cool, we're all friends here. Let's talk about how Elotana is defnitely going to jail instead

That's not true. He could just get fired!

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

Pook Good Mook posted:

Didn't Illinois get caught inflating their numbers a few years ago?

Yeah, they did, but I'm not really sure that matters much going forward. Their ranking is unlikely to go down further because of it. The 2011 rankings were the last ones that before the inflation issue came up. They were ranked 23rd that year. Since then, they've gone 35-47-40. I think as it fades into the rearview mirror they'll settle back in around 30 - either way the drop is probably over or at least has leveled off.

It also doesn't matter because a guaranteed three year scholarship that feeds at least one of his target markets over a non-guaranteed one at a school that really doesn't feed either of them should be a no-brainer.

MaximumBob fucked around with this message at 04:58 on Apr 10, 2014

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

mastershakeman posted:

Yep! And no working on the side either, just in case you wanted to have any money. What I like even more is that the term can go anywhere from 6 months to a year of no pay!

I'm surprised the description doesn't say that they get to decide when you're free to leave.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

evilweasel posted:

As an attorney he should also (and probably does also) know full well that just because a lawsuit is meritless does not mean it will be immediately dismissed and does not mean it will not cost him money and look bad professionally. Also that a parent willing to make that sort of threat may not follow through with it but may follow through with trying to hurt him professionally. I'm not sure if "Assistant Professor" means he has tenure or is trying to get it, but without already having tenure he should absolutely just write the terrible letter rather than risk professional retaliation.

As an attorney he should probably also know that someone might very well file a meritless lawsuit over a letter like that, too, though.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

Tetrix posted:

I'm suing you guys for having a legal discussion over the letter rather than laughing at this girl who demanded it.

I have no more empathy for entitled JD/PhD adjuncts than I do for entitled prospective law students.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?
I'm off work for the next six weeks for paternity leave. Two observations:
1) This is the longest stretch of not having to go to work or school I've had since I was sixteen, and is the longest I'll have until my mid-to-late sixties.
2) It's Saturday, so technically not even the first day of my leave, and I already feel like I should be checking up on my cases.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

Hot Dog Day #91 posted:

My...god... I have no personal knowledge of my name.

This is why every time a witness takes the stand, their name must be proven by a birth certificate, under FRE 803(9), baptismal record under FRE 803(11), or scrawling in a family bible under FRE 803(13). It's also why Barry "Barack Hussein Obama" Soetoro can't testify in court because he has no document to prove his name.

(by the way, Rule 803(13), which includes "engraving on a ring, inscription on a portrait, or engraving on an urn or burial marker," basically reads like something out of a Dungeons and Dragons spell description)

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

GamingHyena posted:

I would have shook all the witnesses' hands just to let the jury watch the prosecutor flip out. What would the objection even be?

"Objection, opposing counsel is being polite to the witness."

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MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

Soothing Vapors posted:

Mookie went quiet all of a sudden...

I just checked, Mookie's still not an Article III judge. Looks like he's at an especially soulless kind of sweatshop for now.

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