Posted by T. Greg Doucette on Dec 6, 2014 in Unsolicited Commentary
One of the things I’ve been dabbling with during my most-recent extended absence from law:/dev/null has been the near-daily stream of news stories about police going totally bonkers while carrying out their once-upon-a-time mission to “serve and protect.”
It started out with a one-off rant on Facebook two Septembers ago, about Jonathan Farrell getting gunned down by Charlotte Police while going to them for help after a car accident.
Then, before the day was even out, there was a different news story about the NYPD shooting innocent bystanders while trying to take down a mentally ill man. I added as a joke (because a number of my FB friends are flaming liberals) that we needed cop control more than gun control.
That was it. Two news stories that happened to be on the same day, followed by some banter about whether or not I should be allowed to own my Smith & Wesson M&P9 with three fully loaded 17-round clips.
But then there was a toddler in Georgia.
And a professor in Arizona.
And a photographer in Texas.
Before I really noticed it I’d posted 72 of these stories, adopting a “Warrior Cops Gone Wild!” motif similar to the late-night ads for the college girl videos. Somehow on top of those 72 posts I’d still amassed a queue of 69 unposted entries, and kept getting new material all. the. time.
(See, e.g., the non-indictment of Mike Brown’s killer in Missouri, the non-indictment of Eric Garner’s killer in New York, or the LAPD gunning down a man last night amid dozens of tourists just two days after their own police chief admitted they like to use excessive force.)
It’s some disturbing sh*t that just gets more disturbing as time goes on.
And I’m not really sure what to do about it. I’m certainly not the first person to document that police brutality exists. I don’t have any special influence with any decision-makers who could change anything. I’m also not really the protest type.
But I am an attorney, and a constitutionalist, and a small government conservative who isn’t that big a fan of the police state we’re becoming — and damn sure not a fan of a police state freed of the shackles of due process.
I feel like I need to do something.
I’m open to suggestions. Because something has to change.
Posted by T. Greg Doucette on Nov 30, 2014 in The After-3L Life
I knew it had been awhile since I’d written something here, but it didn’t really click that it had been sooo long until Thanksgiving this past week
It also served as a reminder that an awful lot of stuff can happen in just three months.
Needless to say, things have been hectic. My associates both found (much) better paying jobs. I briefly brought in a trio of interns who didn’t pass the bar and needed to make ends meet for a little bit. Won a pair of awards. Lost a pair of trials I should have won. Then (when I was seriously questioning wtf I was doing with my life) won another pair of trials I should have lost. Fought with Samson. Fought with opposing counsel. Fought with my alma mater. Spent a much-needed Thanksgiving break with my grandparents. The list goes on.
The law firm has survived its second full year and was still somewhat profitable. Fees earned went up +37%, but expenses climbed +32% so that pretty much washed out the gain; net profit went up just over $1K. I’ll post a full finance breakdown at some point in the near-term(-ish) future.
The other cool thing that happened was making my debut on the law-related speaker circuit
A room. Of lawyers. Listening to me.
After helping a dozen or so folks start their own law firms, and keeping pretty thorough records on my own startup experience, a few months ago I was asked to put together a presentation for a North Carolina Bar Association group called Starting Out Solo that focuses on lawyers who have just started a solo practice or are thinking about going that direction.
The presentation was basically supposed to be a “how to” guide on starting up a law firm, with an added section glommed on about doing the monthly trust account reconciliations.
And a bunch of people showed up
Even though I’ve been doing presentations on leadership development and on Robert’s Rules of Order for years now, I was crazy nervous presenting to a room full of peers (you can tell my hands were shaking from how blurry the picture I took turned out). But it went very well — so much so that I was asked to do the same presentation for a CLE in October and another one coming up in a couple weeks.
Things have been hectic. But still good
Sorry for being MIA for months at a stretch y’all. Should have more soon. Have a great night!
Posted by T. Greg Doucette on Aug 25, 2014 in Mail
Today marks the first day of classes over at the North Carolina Central University School of Law.
This photo is on the wall next to my desk in the office. Every single one of them has graduated now.
It’s also the first time since I started way back in 2009 that I haven’t attended class with a single person there: the last batch of 1Ls I tutored for Prof CrimLaw are now waiting for their bar results
Unable to accept the reality of being so far removed from being enrolled at an educational institution, naturally I had to drop in on Orientation last Wednesday to mingle as part of the law school’s annual professionalism series for 1Ls.
One of the young ladies I met mentioned that she had read parts of the blog before starting school. Then throughout the night I got a few more questions of a 1L-esque nature, so I thought I’d use them as an excuse to create a new Mailbag entry.
Q: What is [this blog]?
Apparently people think it’s weird that anyone from NCCU Law has a blog, because this was/is probably the most frequently asked question in the past however many weeks between PBAP, Orientation, and classes starting.
Guess long-form blogs are passé these days when we all have Twitter…
I started this website back during my 1L year because frankly I needed something to do. At the time I thought most of my classmates were clinically insane gunners, and the time devoted to running UNCASG only kept me out of trouble but so many days in a month.
Then I discovered people were actually reading what was getting written, so I tried to make some of it at least marginally useful for folks who came after me.
Q: What does “law:/dev/null” mean?
I’d tell you, but I already did! Check the first question of my first Mailbag entry
Q: I heard I can get outlines and old tests somewhere on here?”
Hopefully you’ll read this website for more than just the outlines!
But go to this entry on outlines for the URL.
Q: blah blah blah grades blah blah blah
It’s entirely too soon to care about your 1L grades. Trust me. Please.
But if you’re one of those hardcore Type A types who’ve already spent at least one day of this past weekend at the law school studying, go to this grades entry for links to the key points.
Q: Will you be my mentor??
I have an open “mentor anyone” policy — just realize I’ve gotta make money first, so my availability will depend on my caseload
Q: What’s the one thing you know now that you most wish you knew back when you were a 1L?
That there were already outlines out there
I didn’t discover the contents of the 1L Stuff folder until the first day of final exams during the Spring semester of my 1L year. Rico was reading through a very slick 1-page summary of key issues in criminal law, I asked him how long it took him to make it — because the one I made for myself took forever and wasn’t nearly as nice — and I discovered that he got it from someone else.
It was at that point I started asking for outlines and stockpiling as many as I could… then posted every last one on this blog so the information was democratized. Some of my classmates flipped sh*t because I was “making it harder to beat the curve,” but I didn’t want future 1Ls ending up like me with absolutely no clue that the info was out there.
So scroll back up to the outlines question, click the link to the outlines entry, and enjoy the next 3 years of your life
*GOOD LUCK* to each of you with the year ahead, and don’t hesitate to send us a message if you’ve got questions! You can find the email address at the bottom of our About page or you can use the Contact form at the TGD Law website
From the Mailbag archives:
- TDot’s Mailbag v11.0: A reintroduction for the 1Ls (08/25/14) [this post] –
- What is [this blog]?
- What does law:/dev/null mean?
- I heard I can get outlines and old tests somewhere on here?
- blah blah blah grades blah blah blah
- Will you be my mentor??
- What’s the 1 thing you most wish you knew as a 1L?
- TDot’s Mailbag v10.0: First-Year Finance Figures Follow-up Edition (11/27/13) –
- What are you doing?
- How are you defining your terminology?
- How did you survive financially?
- Have you done any advertising?
- What’s the most important lesson you’ve learned?
- What 3 things would you do differently?
- TDot’s Mailbag v9.0: “So why did you go solo?” Edition (01/18/13) –
- Why did you become a solo practitioner?
- What was your “Plan B” job-wise?
- What helped you the most 3L year in preparing for post-grad life?
- If you had to do 3L year over again, what would you differently?
- TDot’s Mailbag v8.0: Post-Bar Exam Edition (08/11/12) –
- What materials did you use for bar prep?
- Are you bailing on law:/dev/null for Twitter?
- What are your plans for law:/dev/null post-graduation?
- Where do things stand with NC SPICE?
- How does it feel being done with everything?
- What’s your secret to not being stressed about the bar exam?
- Do you have any bar exam study materials?
- TDot’s Mailbag v7.0: Legal Eagle Grading Edition (06/22/11) –
- You made Dean’s List… but grades don’t matter?
- Why is NCCU Law’s curve so low?
- What is the rationale for NCCU Law’s dismissal policy?
- How does the dismissal policy work?
- What are NCCU Law’s GPA cutoffs for Dean’s List and academic honors?
- Do you get notified if you made Dean’s List?
- TDot’s Mailbag v6.0: 1L Questions Edition (08/23/10) –
- Do we really need to study 60 hours a week?
- My study partners study all day; am I missing something?
- How time-consuming is being an SBA Representative?
- Should I use “canned” briefs or create my own?
- Is law school really just a big head game?
- What’s the biggest difference between 1L year and 2L year?
- What made you pursue law after having done computer science?
- TDot’s Mailbag v5.0: What Law School’s Really Like (04/14/10) –
- Bar Exam?
- The Work?
- What would you do differently?
- TDot’s Mailbag v4.0 (01/21/10) –
- What really made you dislike BigLaw?
- Why were 2 of the top 4 teams in the K-S competition from T4s?
- What happened to Tweet-sized Tuesdays and the Friday Drive-by?
- How did your CivPro I final exam turn out?
- TDot’s Mailbag v3.0 (10/04/09) –
- What’s your email address?
- Do you really send/receive thousands of text messages in a month?
- How are you adjusting to a historically black university?
- Are you really a Republican?
- TDot’s Mailbag v2.0 (09/07/09) –
- Did you have a bunch of study materials for the LSAT?
- How well did you do on the LSAT?
- How did you do in your election for 1L SBA Rep?
- Who is in the Gang of Eight?
- TDot’s Mailbag v1.0 (08/20/09) –
- What does law:/dev/null mean?
- Did your entry about That Guy really happen?
- Did you really count the lights from your apartment to school?
Posted by T. Greg Doucette on Aug 21, 2014 in The After-3L Life
It’s been two months since the last entry here at law:/dev/null. Things have been busy at TGD Law (which is A Good Thing™), but frankly I’ve also been wrestling with some personal demons so trying to find the motivation to write has been more of a struggle than just the run-of-the-mill “can’t find the time!” that is usually to blame.
I’m still trying to get myself together. I’m not there yet. But I will be.
Posted by T. Greg Doucette on Jun 21, 2014 in The After-3L Life
To the extent not doing something can be considered habit-forming, I slipped back into my old habit of not updating law:/dev/null on a regular basis — I wrote a “stub” for a handful of entries, never actually finished them, and now they’re just not nearly as interesting as I thought they were at the time.
So rather than an in-depth entry this go-round, I’m gonna go with one of those bullet-point updates I use in situations where I’ve been gone awhile:
- A couple weeks ago I agreed to join a classmate at the veterinarian for moral support as she had one of her dogs put to sleep. This particular pooch was in horrible shape — cataracts, tumors, seizures, unable to eat, tremendous weight loss — so euthanasia “made sense.” But it still ranks among the most heart-wrenching things I’ve ever experienced in my life. Ever. Over the past 33 years I’ve lost pets, I’ve lost friends, I’ve been to funerals; the pain from those losses is real, but totally unrivaled compared to being inches away watching as a living thing takes its last breath. In her case I was horrible as moral support because I’m pretty sure I cried more than she did (and it wasn’t even my dog). Not an experience I want to repeat.
- That same afternoon I came back to the TGD Law headquarters to resume work, and met my first bona fide batsh*t crazy prospective client. He was referred to me by another lawyer, said he had an issue that fell squarely within my realm of expertise, and had $5,000.00 in-hand ready to pay me — until I started asking him questions, his responses threw up red flags, I asked more questions, and got more nonsense. Essentially what he wanted me to do was get myself disbarred trying to use the legal system to pursue a foreclosure-related scam, with nearly a dozen different justifications already debunked in North Carolina appellate law that he heard at some seminar he paid to attend in Florida. It was a horribly awkward consultation, and he was mystified when I told him I couldn’t take his money and then sent him on his way. After nearly 2 years in practice I hadn’t met anyone with a truly outlandish claim; he is now officially at the top of the list.
- Speaking of TGD Law: I convinced two of my NCCU Law classmates to come work for the firm starting this past Monday Shutterbug is now on board helping with the business law side of the practice, as well as the Class of 2013 President Miss ርእሰብሔር helping with the higher education / criminal defense side. It’s slightly nerve-wracking knowing I’ve now got a team of people to look after. We’ve all got complementary strengths, though, so I’m hoping it will lead to greater success for all of us
- That same day, I was walking back to my car after lunch with one of my good friends from my UNCASG days (the UNCCH Daily Tar Heel reporter assigned to cover ASG at the time). As we get near the parking deck we happen to pass two uniformed officers with the Durham Police Department. I say hello as we pass, one of the officers mentions he likes the NCCU Law baseball cap I’m wearing, and after a few more paces I hear the same officer shout “Doucette, right?” For an ever-so-brief instant, my mind raced to figure out what I could possibly have done to merit me getting arrested. Turns out he’s a third-year student in the law school’s evening program who had visited law:/dev/null on occasion and wanted to let me know. Felt pretty cool after the fact but I was definitely nervous beforehand!
- Even though I’m in my mid-30s, in my mind I’m still somewhere in my mid-20s. Then Q.T. sent me a text earlier tonight to let me know she’s the new Student Government advisor at the N.C. School of Science and Mathematics and wants me to do my training program for them in the Fall. And I realized: Son of TDot is now the same age as most NCSSMers I’ll be training kids who are quite literally young enough to be my own children…
- I also spent the afternoon helping conduct the character and fitness interviews for the 14th Judicial District Bar I don’t think I ever finished the post I meant to write way back in 2012 about my own experience, but it was marginally terrifying at the time — so I thought I’d volunteer in the hopes of making it not terrifying for this year’s batch of applicants. It was a fun experience, plus I got to serve with another lawyer I met for the first time who handles an area of law I will never touch if I can help it (ZombieLaw). I’m looking forward to doing it again next year if they need me.
- I’ve also got an incredibly important brief due Monday that I haven’t started yet So time to close this entry out so I can get to bed and start tomorrow!
That’s the extent of what’s been new and exciting in my life. I hope all of you are doing well, and enjoy the rest of your weekend!
Posted by T. Greg Doucette on Jun 2, 2014 in The After-3L Life
…self-employment taxes suck.
Even after tracking every single penny spent by the business, every mile driven, every conceivable deduction — and not even making that much to begin with — I still somehow owe $1,300 in taxes to the federal government
(North Carolina, by contrast, is giving me a $12 refund.)
I see why small business owners learn to hate the government…
Posted by T. Greg Doucette on May 31, 2014 in The After-3L Life
I hit a point a couple months ago where I had more work at TGD Law than I could handle on my own. Like cleaning out flagged email from my inbox, I had a sense of accomplishment when my active caseload shrunk from 100+ down to a more manageable 75ish.
More work than I can handle also meant money-making cases were sitting idle, so I started making plans to bring in more personnel. That in turn prompted me to look at things like my firm’s balance sheet statement and my profit & loss statement — things I knew existed from my 2L Business Associations class, but that I never had much actual reason to review while I was busy chasing new clients.
And that, in turn, led me to spend the past 4 hours dabbling in QuickBooks as I discovered I’d done a few things totally wrong since I started 20 months ago
I’ve been a QuickBooks user since 2005 when I was hired to be a lobbyist for a small firm in downtown Raleigh. While my boss originally hired me for my political acumen (and the ability to break bread with the then-minority Republicans as he schmoozed the Democrats), I offered to also use my financial skills on the company’s behalf in exchange for an early pay raise. QuickBooks became my go-to app for managing my own checkbook from there.
So when I started TGD Law, naturally QB was the only accounting software I considered. And having already run one company with it, getting things set up for the law firm was straightforward. But since I had requested an extension on my 2013 tax returns, and didn’t have that much activity to go through for my 2012 taxes last year, I never noticed before now that my books weren’t quite as clean as they should be
For example: an accountant told me that when I use my personal funds on behalf of the law firm, I should record it in QuickBooks as a loan to the firm — but subsequent accountants have told me that’s a no-no, and should instead be recorded as a capital contribution to the firm (to which I discovered I’ve somehow contributed $36K over not-quite-two years ).
Conversely, when I’d pay myself I would mark it down as a payroll expense; the same subsequent accountants tell me that too is a no-no, and that as a single-member LLC I should instead mark them down as capital distributions.
Then there were my insurance expenses (malpractice insurance and health insurance are treated differently for tax purposes) and a handful of other small items.
Hence spending what was going to be a productive Saturday instead cleaning up several dozen accounting entries
There’s no real overarching “moral of the story” to this post (except maybe to hire a competent accountant early in your practice). Just consider yourself forewarned if you decide to go the solo/small practice route that you’ll want to get your accounting stuff squared away sooner rather than later
Have a great night y’all!
Posted by T. Greg Doucette on May 25, 2014 in Randomness
I never got around to doing an update of my first-ever visit to Chicago last summer, but I was there (really!), so it finally got shaded in on the map of TDot’s Travels.
While pulling up the map in Photoshop, I also noticed that for several years now Alabama remained the only state in the Southeast I still hadn’t visited.
Alabama is covered! Next: the Ohio River Valley
Well I’ve now driven across it twice this weekend — so it gets shaded too!
One of 雅雅’s friends from optometry school was getting married in New Orleans this weekend, and after just flying to Memphis two weeks ago for her graduation I was/am too poor to afford another plane ticket so soon.
So we’re currently driving back from New Orleans after driving down there two days ago, and stopped here in Auburn at a Firehouse Subs for lunch
The downside of course is that we’ll have both been stuck in the car for roughly 26 hours over a 72-hour period — the equivalent of three whole workdays — but it provided a low-cost chance to go back to New Orleans, catch up with one of my closest friends and political allies from undergrad (currently a 2L at Tulane), see the southern edge of Mississippi, and travel through Auburn / Montgomery / Mobile in Alabama
We’ve gotta get back on the road so that’s it for now, I’m off to resume enjoying this sub and gearing up to drive the next leg of the trip to/through Atlanta. Y’all have a great rest of the Memorial Day weekend!
From the law:/dev/null travel-related archives:
Posted by T. Greg Doucette on May 19, 2014 in Fail
I’ve spent a decent amount of time in Superior Court for a solo who’s only been licensed for about a year and 9 months now. While most of that has been on the civil side of the courthouse, it encompasses a handful or two of criminal cases as well.
But in one of those weird coincidences of life, all of those clients have had last names falling in the first few letters of the alphabet — all “A”s and “C”s before today.
So I’m down in Wake County for Superior Court calendar call today, on behalf of three folks convicted as part of the misguided prosecutions of last year’s Moral Monday protestors.
One of them has a last name starting with H, so about thirty minutes or so into calendar call I note my appearance on his behalf and get a new court date.
Another hour or so goes by, and we’re only to L. I look at my watch and realize I need to go add time to the parking meter so I don’t end up with yet another parking ticket. My next client’s last name is Smith, so I figure I’ve got time.
I go downstairs, throw a couple more quarters in the meter, come back to the courtroom… and see everyone streaming out
Panicked that I just missed calendar call for two of my clients, I rush up to the ADA and apologize and quickly explain that I had to go add time to the meter…
…before thinking that maybe there was still more to calendar call to go. Sure enough, she replies “oh that was just the first half. We’ve got a 10-minute break before we do N through Z.”
Some days I truly question whether I have the competence to do this for a living…
Posted by T. Greg Doucette on May 15, 2014 in The After-3L Life
Samson and I get a lot of law-related magazines each month at the TDot Household.
From the American Bar Association there’s the ABA Journal, GPSolo, and The Young Lawyer (now restyled “tyl”). The Federal Bar Association sends me The Federal Lawyer. With the NC Bar Association there’s the quarterly NC Lawyer and the NCBA YLD’s The Advocate. The State Bar itself sends the quarterly State Bar Journal. Then of course there’s the must-read NC Lawyers Weekly that comes every Monday.
(And that’s just the stuff that arrives in the mailbox. There are a half-dozen more e-newsletters I get in my inbox, whether I’ve signed up for them or not )
So with all that stuff to read — stuff that takes time away from reading case law and client-focused things — it’s not unusual for me to be a few days/weeks/months behind. Then one day over breakfast or lunch or dinner I’ll randomly decide I’m actually going to try and read something from the backlog.
Yesterday was one of those days. I’m eating a sausage biscuit for breakfast, open up the latest copy of the ABA Journal, get to the Letters to the Editor section, and notice one of the letters is about an attorney “Hunoval” touting Lean Six Sigma as a way to run a law firm.
He just happened to share the last name of a firm I’ve got a case against in US District Court for the Middle District of NC. And, given how uncommon the name is, I say aloud to myself “I wonder if this is the same firm?”, go digging for my March edition of the ABA Journal, and find this multi-page firm profile confirming it’s the same firm and going into detail on their process.
Now there’s nothing I can really say about the Hunoval Law Firm itself that wouldn’t get misconstrued. So this post isn’t about them per se, but rather about the ABA Journal’s fawning coverage of using Lean Six Sigma in a litigation-heavy law firm.
Is this really the recipe we want for running future firms, especially ones who regularly use the courts?
The thing about statistical processing is that, by definition, it ignores the individual in favor of the group. Cases get transformed from individual people with individual problems to cookie cutter file batches subjected to cookie cutter solutions.
And while I have -0- doubt that certainly does improve speed and efficiency, I’m not convinced it necessarily also yields quality or ethical litigation.
Take my client’s case as an example. Without getting into too much detail about the merits, it’s self-evident from the exhibits attached to our injunction request (and our reply to the Defendants’ response to that request) that something is very clearly “off” with the mortgagee’s accounting. The same mortgagee likely handles hundreds, if not thousands, of accounts; this one account happens to have a problem.
In a situation like that, one would hope an individual person could recognize the individual account has an individual problem and then tailor an individual solution.
Instead — no doubt from using the same principles of statistics-driven efficiency touted by the ABA Journal’s fluff piece — the mortgagee still can’t get things right years later, the account has been the subject of litigation since 2010 across multiple state and federal courts, and it will continue at least until we get to trial in April 2015.
The individual has been lost in the shuffle, even though “the individual” is ultimately what any given lawsuit revolves around.
Look, I’m all for saving my clients money and being more efficient.
But I’m also in favor of being an excellent lawyer. And that comes first on my hierarchy of career-related aspirations.