Posted by T. Greg Doucette on Apr 22, 2014 in TDot's Tips
Yesterday I mentioned The Walking Dead had become one of the shows I watch regularly when I really should be working or writing here at law:/dev/null.
Well today I discovered it’s possible to do both
Over at Solo Practice University, Suzanne Meehle has a piece entitled “Everything I Need to Know About Solo Practice I Learned From ‘The Walking Dead’”. Be forewarned, it’s a bit heavy on spoilers from the Season 4 finale. But overall it’s a good column.
Here’s a snippet –
Lesson 5: Protect your people, especially those more vulnerable than yourself.
We see Michone befriending Carl, telling him about her life before and after the Apocalypse. We see her being motherly toward him: letting him sleep with his head in her lap after he was nearly raped, hugging him after he confesses to being a “monster.” She is a bit of a super hero, defending the defenseless. She will take on a hundred hungry zombies before she will let anything happen to Carl.
That is our job: defending the defenseless. At our very best, lawyers serve others who otherwise will be abused. We take on lost-cause cases, do our best to get the best outcomes for our clients no matter what. We can’t all be bad asses like Michone. We can all be bad ass lawyers.
They all seem to be good and accurate points to me, based on my (admittedly brief) 1.5 years as a solo practitioner and 0.75 years binging on episodes of The Walking Dead.
I’d also append five more points of my own, though, focusing on the mid-season finale from Season 4 instead:
Don’t take half measures: When the Governor is standing outside the prison fence with a tank and a dozen armed clowns at his side, he gives Rick Grimes and crew an ultimatum to leave by sunset before the Governor’s group takes the prison by force. Rick first tries to talk the Governor down, then tries to convince the Governor’s minions, then offers a compromise where everyone can stay in the prison together. The Governor promptly proceeds to chop off Hershel Greene’s head, they storm the prison, and a bunch of people from both sides die.
Rick’s problem was that he couldn’t decide what to do. In Hamlet-esque fashion he quickly went from fearless bravado to witless speechifying to practically begging his adversaries to please be nice (because children!). He was negotiating against himself and doing it poorly. We all kinda knew how that scenario would inevitably end.
As lawyers, we’re trained to be risk averse; we learn to love half measures and call them “risk mitigation” to make ourselves better. But I’d argue they’re an effective way at being ineffective. Spending your day doing doc review and running your solo practice “on the side.” Paying exorbitant amounts for a virtual office instead of a real one or none at all. Treading lightly in litigation hoping the other side will reciprocate. The list goes on.
To quote Mick Jagger, “Anything worth doing is worth overdoing.” Try going full tilt on something and see how your results turn out. Focus on your practice full time; try a brick-and-mortar office; carpet bomb the other side with a multi-count Complaint and a full array of discovery requests served with it.
You’ll still need to be observant and willing to reverse course if it looks like something is starting to go catastrophically wrong, but I suspect in nearly every situation you’ll end up being a better and more successful lawyer than you thought possible. To borrow another quote, this one from former British Prime Minister David Lloyd George: “Don’t be afraid to take a big step[.] You can’t cross a chasm in two small jumps.”
Some losses are inevitable: In reading the post-episode reviews around the web after The Wallking Dead’s mid-season finale aired, a lot of commentators seemed downright shocked that Hershel got killed off (and in a paticularly brutal fashion too). Personally I was shocked they were shocked — I hated seeing him taken out, but I figured that was always going to happen once he and Michonne were captured by the Governor. We all knew the Governor was a crazy sumb*tch; anyone who can gun down his Woodbury allies can chop off an old guy’s head without a second thought.
While hopefully you won’t have clients die or get killed on you (or turn into zombies), you’re going to have losses as a solo practitioner. You’re going to lose some cases, you’re going to lose some clients, and you’re going to lose money even on some of the cases you keep. It sucks. Sometimes it’s downright painful. But the world keeps moving on and you need to do the same. Dust yourself off, recuperate from your wounds if needed, and get back to the battleground of the courtroom.
A fortress is only as strong as its perimeter: Anyone else watch that episode and think at one point “I sure hope they’re not expecting the fence to stop that tank!”?
It’s true, a fence can’t stop a tank. And once the fence is knocked down, things that a fence normally could stop don’t get stopped anymore. Soon your prison is overrun with zombies.
Treat your law practice the same way. The cliché “a chain is only as strong as its weakest link” seems particularly apt here since we’re talking about a fence — if you’re weak at returning clients’ phone calls, or calendaring deadlines, or managing staff, your practice is only going to be as good as the thing you do worst. And if you don’t fix what you do worst, more things at more points will go bad as your time is constantly diverted trying to prop up the fence.
Focus on improving every single aspect of your practice, be it through learning more, being more disciplined, or bringing in outside help.
Even tanks have weaknesses: With the prison getting destroyed around them, folks getting blown away left and right, and survivors scattering to the four winds, Daryl Dixon somehow had the sense to take a grenade and shove it down the tank’s turret. In seconds the most fearsome weapon in the Governor’s arsenal was neutralized, and the momentum of the fight turned (as much as it could at that point anyway).
If you’re doing meaningful work as a lawyer, you’re going to go up against tanks on a regular basis. Your opposing counsel will probably come from a big firm and make more in a month than you’ll bring in all year. The party you’re up against will likely be bigger still (especially if you do criminal defense; they don’t get much bigger than The Government!). Even a tank has a weakness though, and if you can ferret out what that weakness is you can win even unwinnable cases and causes.
Justice will (eventually) prevail: I don’t know about any of you, but I let out a duly satisfied “Yessssss!” when the Governor finally got killed. I was disappointed Rick didn’t beat him down, and I thought a bullet to the brain was an awfully humane end compared to the evil he wrought (writhing in agony for awhile after getting skewered by Michonne would have been more fitting).
But damn if I wasn’t glad he finally reaped at least some of what he had sewn.
With implaccable foes around us, tanks in every courtroom, and inevitable losses that range from infrequent to more-common-than-we-care-to-admit over any given period of time, it’s easy to forget that we still live in a country with a judicial system where justice still prevails. It might not be obvious when it happens, it might not even happen until years or decades have gone by, but it will eventually happen. Justice will prevail. So keep your head up and know that you’re doing meaningful work for your clients
That’s my take on how The Walking Dead relates to life as a solo practitioner, along with the other great points Suzanne made. If you disagree — with my analysis of solo life or the show — feel free to let me know
Past TDot’s Tips entries:
Posted by T. Greg Doucette on Apr 21, 2014 in The After-3L Life
Happy Monday y’all
It’s become a bit of a habit with these posts to note it’s been ages since I last wrote one, I’m not keeping up with my New Year’s resolution to write more, “zomg life is soooo busy!” and so on.
The underlying premise, of course, being that I really really really want to write something but I just haven’t had the time.
That’s still true — there’s been a bunch of cool stuff going on in life over the past 2 months that I wanted to write about — but a big chunk of the reason for my absence is that life overall has… well… kinda sucked
If you’re one of our long-time law:/dev/null readers, you might remember how I’d stress out as we got near the end of the semester, building up to the don’t-sleep-for-a-few-days exam week followed by a reprieve for a few weeks before things started all over again.
6.5 calls per business day: good! Turning cases away: not so much
Well running your own law firm is a bit like that. Except you never really get the reprieve (unless you’re slowly going out of business).
Things at TGD Law have been beyond busy; we’ve been averaging 6-7 calls every single day each month, there are over 1,300+ fans of the TGD Law Facebook page, and a growing number of those incoming phone calls / emails / etc have been from folks who’ve heard I kick @ss in a courtroom.
But I’ve also got more work than I can handle, and I’ve been turning away cases left and right because I refuse to let my work product slip for the folks who have already hired me.
The catch to turning away cases, of course, is that there’s very little money coming in. That, in turn, means no staff. Which in turn means I’m stuck spending time on menial work that I’d really like to farm out to a paralegal or file clerk. Which in turn means no matter how much I work, I feel like nothing gets done.
The sense of complete and utter futility I’ve had the past few weeks is actually pretty well encapsulated in a graph of my weight loss efforts: past progress has been undone, and now I’m treading water until I can out-think my problems.
That 27lb drop? Bar prep
It’s led to me sleeping an awful lot, watching TV when I’d probably be better off working or blogging, and finding it beyond difficult to focus on things instead of my usual unproductively-trying-to-multitask-across-a-dozen-things-at-once.
So rather than blog about being blah, I figured I’d spare y’all the bellyaching until I got my sh*t together
I can’t guarantee that’s happened yet of course, but fingers are firmly crossed! This past Easter weekend I brought some work home with me when I went up to visit my grandparents, and made some headway on several cases. I’ve started doing a list of a few high-priority items a day that simply must get done, and that’s helped me wrap my mind around things a smidge better.
Anyhow, I don’t have much more to write about at the moment — just wanted to let y’all know I’m not dead and I haven’t forgotten about you!
More blog posts sooner than later (certainly in less than 60 days).
Posted by T. Greg Doucette on Feb 10, 2014 in NotFail
mer•ce•nar•y (pl. mercenaries) – noun. a professional soldier hired to serve in a foreign army.
Today’s my first day “back in the real world” after spending the past weekend at the annual TYLA NTC Regionals. And where I coached my very first TYLA trial team, comprised of two 2Ls and a 3L.
A team that ended the competition as finalists
In turn making them the best trial team in both North Carolina and South Carolina. Not to mention going further in that competition than I ever made it myself.
From… the University of North Carolina at Chapel Hill.
That’s not a typo. It’s the same institution I’ve ridiculed on this very website as The University of Non-Compliance at Cheater Haven. The one whose students meme’d me in my NC State hat. The one with its very own “#gthc” tag here at law:/dev/null.
And I was their coach
So how did a guy with an eagle carving on his dining room table plus another on a bookshelf and a third on my bedroom wall — alongside a wolf painting, a wolf carving, even the comforter on my bed — end up in the finals of my favorite mock trial competition helping the one institution that happens to be a rival of both my undergrad and professional school alma maters?
My team, from L to R: Jonathan Williams ’15 (Defense), Michelle Markham ’14 (Swing), Dave Fitzgerald ’15 (Plaintiff), Eli Sevcik-Timberg ’14 (Student Coach)
Well first we had an amazing team. I was a little nervous at the start because only one student was a 3L; the other two were 2Ls who’d never competed in anything before, and the 3L student coach assigned to work with me had experience but not in TYLA.
I also got the impression at a few points in practice that our goal was just to not embarrass ourselves — I don’t think anyone (admittedly, myself included) thought we had any shot at going anywhere.
But let me tell you: when it counted, they competed. All three of them turned in solid performances to nab the #6 seed after the first three rounds, setting up a semifinal match against the University of South Carolina for Sunday morning. They promptly slaughtered USC and pushed us on to the finals.
“But TDot! But TDot!” I hear you saying, “WHY were you working for them?”
Aaanndd… that’s where the title for the blog post comes in.
Last winter my 2L/3L TYLA coach and I had talked about the future of NCCU Law‘s team and whether there’d be a spot for me anywhere as an assistant coach. Nothing ever happened with it, so in the Spring I volunteered to be one of the guest judges for the TYLA Regionals when they were hosted by Campbell Law down in Raleigh.
For my round I watched an absolutely superb performance by a team from WFU Law — a team that ended up getting functionally disqualified when a meritless protest was filed over WFU’s cross-examination of the other side’s expert, and the “protest committee” voted to give them -0- points for the cross. I felt bad for them. And I also decided that I hated the idea of “just” being a judge if our ballots could be summarily disregarded by a 5-member committee of other competing coaches.
Fast forward to early October. The Monday before the 2L/3L trial team tryouts to be exact. I still stop by the NCCU Law building on a fairly regular basis, so during one of those trips while I’m down in our clinic area I make some inquiries about the process to become a trial team coach.
Now in retrospect I don’t know what response I expected. I figured, at the very least, it would be something along the lines of “All the coach spots are filled for every team at the moment, but when something opens up we’ll let you know.” Instead the response I got was as clear as it was unambiguous: “Coaches have to have 5 years of practice experience. That’s the rule.”
I was a smidge annoyed. But rules are rules, right?
So a couple days later, when I’m down in Wake County for a traffic case, I talked with one of my 2L AAJ trial coaches (a District Court Judge down there) about how he got involved. Apparently someone just called and asked him to do it. But he went on to tell me no one even asked him to return as a coach my 3L year or the year after. That in turn led me to express my frustration over how I felt the law school treated our competitions as afterthoughts, and how I really wanted to run one of these teams to show what could be done.
Well even though he’s an NCCU Law alum, he’s also a dyed-in-the-wool Tar Heel as well. He had heard the UNCCH trial team advisor was out for the semester due to a medical issue and suggested I consider looking there.
I then texted a friend of mine from my NC State days who had just graduated from UNCCH Law the prior year. She confirmed the story on the advisor and said it would be “awesome if [I] potentially think about maybe” being their coach (after confessing surprise that I like trial team ). And if I wanted her to make a call the spot would be mine.
Unpaid, but a shot nonetheless.
Not quite ready to go calling in favors, I had lunch with my other 2L TYLA coach the next week to get his advice on basically squaring off against my own school. And he said to go for it. I’m paraphrasing here, but his argument was something along the lines of “Think about what it says for Central if you do well, what it says if your alma mater’s graduates do a better job at this than their own.”
Still not fully comfortable with the thought of switching sides, I sent a text message to my 2L/3L TYLA coach to get his thoughts since he was still in charge. When he saw me at the Alumni Association meeting that Saturday, he said to take the spot as well.
So I did.
I Facebook-messaged a UNCCH 2L I knew from UNCASG, who in turn put me in touch with the Trial Advocacy Board chairman over there, who in turn connected me with the TYLA squad and a 3L student coach to assist. And the rest, as the cliche goes, is history.
“But TDot! But TDot!” you interrupt again, “WHHYYY??”
Well… because my alma mater didn’t want me
Look, you’ll be hard pressed to find anyone who loves NCCU Law more than I do (or NC State for that matter). You’ll be equally hard pressed to find anyone who takes quite as much glee in disparaging UNC Chapel Hill as I do. The students on the NCCU teams that didn’t make it were real people, including two of my mentees
And I can’t even articulate for you in words how awkward it felt when I actually typed “#goheelsgoamerica” into my phone for a Facebook status.
But the fact is it didn’t make a d*mn lick of sense for me to sit on the sidelines getting rusty for another year waiting on my alma mater to let me help. And it most definitely didn’t make a d*mn lick of sense for me to do that for 4 more years until I’d reach some arbitrary quantum of real world experience.
UNCCH needed someone. They offered me that opportunity. The folks I met turned out to be really cool people. And, having made a commitment to them, I wasn’t going to let them down.
So I didn’t.
Now the only issue at this point is really what other folks’ decide will happen next year. Because now that I know the finals are attainable, I’m not going away until nationals…
From the law:/dev/null competition-related archives:
Posted by T. Greg Doucette on Jan 27, 2014 in Randomness
Maybe it’s because 2012 turned out so well and a correction was due.
Maybe it’s because my goals for 2013 were too ambitious.
Maybe I’m just overly optimistic.
But I definitely went 0-for-3 on my New Year’s resolutions this past year
For a quick recap on the resolutions themselves, you can read the entry from a year ago today. The reasons for the failures are numerous, but in a nutshell: NC SPICE wasn’t approved for 501(c)(3) status until late in the year and is (temporarily) dead in the water, I stopped exercising and regained every. single. pound. I lost the year before, and the number I picked as a revenue target for my law firm in Year 1 was a wild guess with no relation to anything even vaguely resembling reality.
Now normally I’d take all that as a signal to stop with the resolutions entirely. Not worrying about something certainly trumps failing at it.
But I also hate going out on a loss (something you might have noticed from past entries).
Soooo once again throwing caution and impulse control to the wind, here are my three resolutions for 2014:
- Blog more. Across all of 2013, I only updated law:/dev/null a mere 14 times — barely over once a month (and 4 of those entries were last January alone). Granted, I like to think most of those 14 entries have really good stuff in them; I’ve gotten several comments on the tips for first-year solos, and a barrage of emails on the entries detailing my first-year finances and then responding to questions about those finances. But at the same time, as great as those entries were, there’s a bunch of other stuff I wanted to rant about and just never got around to it. So I’m going to try and do better than once a month on the blog front.
- Fix the TGD Law website. My law firm’s website has suffered from the same neglect as the blog. I set up the basic framework two Thanksgivings ago now, and other than finally adding a bio and a contact page I haven’t really done much of anything with it. I’ve somehow gotten to nearly 200 clients in a year without a single page really detailing the stuff I actually do. I need to get on it before Thanksgiving #3.
- Finish TGD Law’s 2nd fiscal year with $140K+ in revenue. I had just picked a random number when I threw out $70K last year as a revenue target, and then promptly missed it by 37%. I don’t actually expect to reach $140K this time around, but I figure if I miss it by 37% too I’ll have actually had a pretty good year
And now that they’re committed to writing, that means I’ll actually have to work on them (ha!).
Have a great week y’all!
From the New Year’s Resolutions archives:
- 2014: “Now, therefore, be it resolved…” (2014 Edition) -
- “Blog more”
- “Fix the TGD Law website”
- “Finish TGD Law’s 2nd fiscal year with $140K+ in revenue”
- 2013: “Now, therefore, be it resolved…” (2013 Edition) -
- “Wrap up the weight loss” (Failed)
- “Open the first SPICE Center” (Failed)
- “Finish TGD Law’s fiscal year with $70K+ in revenue” (Failed)
- 2012: Mission Accomplished (or “T., Esq.”) -
- “Graduate with honors” (Done!)
- “Don’t f*ck up my commencement speech” (Done!)
- “Pass the North Carolina bar exam on the first try” (Done!)
- 2011: [combined with 2012 post] -
- “Push my GPA above a 3.0″ (Done!… then Failed)
- “Get back in some semblance of shape” (Failed)
- “Win something” (Done!)
- 2010: “Now, therefore, be it resolved…” -
- “Finish 1L year with at least a 3.0 GPA” (Failed)
- “Make it to, and through, Marine Corps OCS” (Failed)
- “Finish [UNCASG] strong” (Done!)
- 2009: [combined with 2010 post] -
- “Graduate from N.C. State” (Done!)
- “Win reelection as UNCASG President” (Done!)
- “Get into law school” (Done!)
Posted by T. Greg Doucette on Dec 26, 2013 in TDot's Tips
Belated merry Christmas y’all
I’ve been out of commission with the flu since last Friday, which has translated to a lot of time spent reading even more news / Facebook feeds / tweets than I do normally. And earlier today on Twitter I came across a tweet linked to an entry on Cordell Parvin’s blog titled “15 Additional Things I Wish Someone Had Told Me When I Was a First Year Lawyer.” That entry in turn linked to an earlier post on the same topic, “25 Things I Wish Someone Had Told Me When I Was a First Year Lawyer.”
They’re both solid lists, and 40 things a well-seasoned attorney wished he’d known sooner in his career are things worth mulling over by anyone recently licensed.
But they also seem a bit… incomplete I guess would be the word. For example, there’s no why behind Parvin wishing he’d known these things sooner; sure most are self-evident to some degree or another, but some added detail would have helped it sink in.
Several of them also seem tailored to folks in multi-attorney firms, which of course doesn’t include me
I still like both lists so I won’t critique beyond those minor points and commend them to you for reading. I do, however, have 5 things I’d add now that my first year as a lawyer recently wrapped up:
1. “It takes money to make money” is an efficient way to go broke.
Call it lingering bitterness over my foibles with advertising, but I’ve truly come to hate that phrase.
Way back in April of this year, activity at my firm cratered. I’d been on a steady and sharply upward trajectory since opening my doors in September, started “drinking the Kool-Aid” and took several stupid risks… then had my hopes dashed across the cold, jagged rocks of reality
So I decided to take a dive into direct mail. A ton of attorneys I knew were using different companies to contact people who got traffic citations and other criminal charges, and I figured “hey, it takes money to make money!” Surely this would be an investment that generated clients and cash flow.
I thought the bulk of these calls were from direct mail. I was wrong.
At the time it seemed like it “worked.” I started getting more calls and more clients.
Then I discovered two big problems. First, I was in court during the time a lot of folks called. So I signed up for Ruby Receptionists so callers wouldn’t just be getting my voicemail, to the tune of nearly $300.00/month
The bigger problem, though, didn’t get discovered until the Thanksgiving break when I wrote the Mailbag entry following up on my first-year finances: after running a report on every client I had, and marking how each one found me, I discovered only 11 of the new clients were from direct mail
That’s not a typo. 11. As in barely-double-digits. As in less than a dozen. Out of 165ish clients.
So when I compared how much I had spent on direct mail itself relative to the amount I’d made on those 11 clients, I discovered I’d lost close to $2,000 over those 7 months.
While it may indeed “take money to make money” in some areas of law, I’d argue for most solo/small firm practitioners it shouldn’t take much if you do it right. Bootstrap your office — see here and here and here — then just make yourself accessible to people and do good work. Your reputation will bring you business from there.
2. Trust no one (at first anyway).
None of you are going to be shocked to hear that people lie. But, if you haven’t yet, after starting your practice you will quickly discover the sheer volume of whoppers that get told by prospective clients, actual clients, and even occasionally other attorneys.
The examples I’ve picked up over the past year are borderline absurd. There was the guy facing a half-dozen minor criminal offenses who “discovered” he’d stolen a felonious volume of stuff while the first 6 charges were pending and for which he got indicted the day after he was sentenced on them, torpedoing any leverage I may have had on the 7th charge now that the first 6 were disposed. There was an attorney with two decades of practice experience who insisted to me he had done certain things on a case, that he had already admitted in emails I’d be given by his former client were never done. There were an untold volume of people who swore they had clean traffic records, only to discover past DWIs and other offenses.
The most humorous for me was probably a woman referred to me by a classmate. She started off with a trio of the red flags that my malpractice insurance carrier Lawyers Mutual warned about in one of their CLEs: I was the third lawyer she had talked to, I was the only one who could help her, and she knew God sent her to me for a reason.
In a nutshell, she wanted me to sue her (enormous) former employer, immediately, based on nothing more than her word that certain not-that-bad things had happened.
- When I said I wanted to meet with her first to review her documents, she told me all her documents were actually at her former worksite.
- When I said I still wanted to meet with her anyway and would review whatever she had, she started crying and said I wasn’t listening to her.
- When I repeated back to her everything she had told me, then reiterated I still wanted to meet, the tears stopped immediately and I was told the documents that a minute ago were at the former worksite were actually in a storage unit, but she couldn’t get them out because she couldn’t pay the rent on the unit.
- Having once written a Facebook note on the cost-saving virtues of moving into a storage unit, I figured she was full of sh*t and stood firm, politely explaining that I’d still be around whenever she was able to get her things and stop in for a meeting…
- …so then I got called an *sshole and she hung up
Thankfully most of the folks I’ve dealt with haven’t been that ridiculous. If you haven’t had any experience or training in figuring out when someone’s being deceptive, I’d suggest trying one of the CLEs put on by the good folks over at QVerity (the authors of Spy the Lie) — they let me attend two of their programs back during my 2L year, and the material’s been quite useful in practice.
3. There are a lot of bad cases out there, but not all bad ones are losers.
There’s not really much to say on this one: a lot of the people who will come to you for legal help, especially of the litigation variety, simply don’t have a case. People wanting to sue for being offended, or “knowing” someone is up to no good based on nothing more than a hunch, or knowing they don’t have a case but wanting to sue anyway hoping they can extort a settlement — there’s a laundry list of problems with the cases people bring to lawyers.
That doesn’t mean every bad case is a loser though.
For example, I once had a guy come to me as the Defendant in a deed reformation suit; the bank had filed a Deed of Trust without a required attachment, so they filed a Complaint in Superior Court to have it fixed on the grounds that it’s what both parties intended when the mortgage contract was made. Very straightforward, and my guy had no legitimate defense. Case closed.
Well after some talking with him, I realized he had fallen behind in his mortgage a year prior after a divorce, and was trying to get his loan modified to basically shuffle the missed payments to the end of the loan term. And having dealt with plenty of delinquent homeowners this past year, that meant to me the bank discovered the deed defect because they were preparing to foreclose.
So I took his case, slowed down the proceedings a little bit, and eventually my client got his loan modification even while the bank ultimately “won” the deed reformation on a motion for summary judgment. A bad litigation case ended up being beneficial for everyone involved.
4. Even new lawyers can run with the big dogs.
Luckily for my practice, this is one of the first lessons I learned — but not until after a lot of sweating and almost a month’s worth of kicking myself.
In my first heavily contested business litigation case, I’d totally outhustled the (non-NCCU Law grad) junior associate at the opposing firm, and was as certain as anyone can be in litigation that I had things sewn up just from the briefs.
Fast forward to the hearing on our dueling motions, and I walk into the courtroom to discover the junior associate had been yanked from the case and replaced by the magna cum laude graduate / law review editor-in-chief / practicing-for-three-decades partner whose name was on the door…
…who then proceeded to beat me like a rented mule in oral arguments
I was totally flummoxed by how things were going. I’d done the research, knew the law and the facts, and had a better-than-solid case. But here was this short old guy making arguments I’d never anticipated, handing up case after case after case and the judge was buying it! It was a small miracle when the judge announced he’d just gotten sworn in the preceding Monday and wasn’t comfortable deciding the issue himself, so he continued the matter a month to set it in front of a different judge.
During the reprieve the case nagged at me; I couldn’t figure out how I had f*cked up so royally, and with my client sitting next to me the whole time to boot. I let myself be convinced I was losing because opposing counsel had been practicing so long, he was a distinguished practitioner in this particular field, and he surely was just better than me because of it.
Then one day I randomly went back through all the case law he handed up, to figure out why it didn’t show up in any of my searches. And I made a discovery: none of it applied.
I hadn’t anticipated the arguments because the arguments were totally irrelevant, related to completely different rules and completely different standards. The other side apparently hadn’t read the motions or the briefs; they’d just printed some totally random sh*t out, and then handed it up in court.
After briefly kicking myself some more — because that meant in the “fog of war” in court I’d never actually entertained the possibility that this decades-long practitioner had just screwed up — I realized all the experience and accolades only count for so much. So I prepared for the second hearing the same way I did the first one, and stood toe-to-toe with him for the better part of three hours. Then we won.
Some attorneys, even ones with oodles of experience and awards, aren’t all that good. Don’t let yourself get intimidated by being the new kid.
5. Pedigree != victory.
This one’s a corollary to #4: even very good attorneys can end up with bad law, bad facts, or both. Don’t assume a high-priced degree or this or that award means they’re going to win.
In the summer I had a trademark / trade dress case against one of my small business clients brought by NC counsel for a mega-firm out of Chicago. A double-Harvard grad, repeatedly named to Super Lawyers and the North Carolina Legal Elite list for intellectual property, several journal and industry publications to his credit, the list goes on. The guy was intimidating.
But his case was a joke. The facts were on our side, the law was on our side, and there was a 0.0% chance we were going to lose (and if somehow we did, we’d already decided we would appeal as far up as we needed). It would have been a prime candidate for anti-SLAPP treatment if NC had a statute for those sort of things in trademark/trade dress cases. I still don’t know what their goal was in going down that path, but after exchanging increasingly-lengthy letters back and forth, we got the case dismissed on a 12(b)(6) motion.
I haven’t had any interaction with that particular attorney before or since, so I’ve got no way of knowing if he really is as good as his CV says; I’ll go ahead and assume he is. Even so, he’s just a lawyer — not a miracle worker. Great pedigrees can’t necessarily win every bad case that crosses their desk.
Sorry for such a ridiculously long post folks, chalk it up to cabin fever. But now if you’re a first-year attorney you’ve got 45 things to keep in mind, and these 5 have context with them
Have a great rest of the week everybody!
Past TDot’s Tips entries:
Posted by T. Greg Doucette on Dec 5, 2013 in Unsolicited Commentary
For reasons still unknown to me — I’m assuming the resumed trial (and yesterday’s conviction) of NC NAACP chairman Rev. William Barber II — I’ve gotten near-nonstop flak this week over my involvement defending some of the 900+ people arrested by the Government during the Moral Mondays protests at the North Carolina General Assembly.
Which normally wouldn’t be that annoying (I have strongly opinionated friends ), except that this go-round it’s been a bombardment from all over the political spectrum.
My conservative friends had long ago labeled me a pariah for defending “Commies, hippies, and other people who don’t bathe” as one person put it. The very first time I mentioned thinking about helping, one of my good friends from undergrad simply replied “oh you better not!”
But then this week I’ve also had several liberals asking me “who thought everyone getting arrested was a good idea?” and “what were they thinking?” and “tell me what this all accomplished?” — as if I played any role in the protests themselves or cared an iota about the movement’s success-or-lack-thereof.
A not-uncommon query this week
And there’ve even been what I’d consider the apolitical folks, who are just plain flummoxed that people can still be arrested (and convicted! ) for things like self-evident political speech, and more flummoxed still that similarly situated protestors could end up with totally different verdicts in their respective cases.
So when I got an email over the listserv earlier today from a well-respected attorney helping with the defense, pontificating over how best to advance the politics of the Moral Mondays protests, I did one of these and typed an almost-ALLCAPS rant in response…
…then I took a few deep breaths, removed the inflammatory stuff, and sent the following:
From: T Greg Doucette
To: MM Lawyers Listserv
Date: December 5, 2013 @ 11:21 AM
I’d respectfully argue that whether “a litigious approach [is] the best way” for “helping the advancement of the MM issues” is a minor side issue, because what’s going on with these cases long ago transcended the Moral Monday stuff and is now about the bedrock principles of a free society.
Now I’ll concede up-front that (1) I’m just a baby lawyer and (2) I’m an unabashed Republican who didn’t participate in the Moral Monday protests and agrees with very very (very) few of the items the group was promoting. So take this entire email with several grains of salt as each of you sees fit.
But the whole reason I agreed to take on any of these cases was because it seemed mind-bogglingly outrageous to me that North Carolina taxpayers could be arrested en masse for obvious political speech in the very legislative building paid for by those very taxpayers for the very purpose of hashing out political issues. Even if I wholly disagreed with the content of their speech, I’d never try to have someone locked up over it (if for no other reason than I’d like to have the option of protesting one day when the political pendulum inevitably swings in the other direction).
It’s the kind of shameless abuse of power I (naïvely) figured the government would have stopped doing a long time ago after taking ConLaw in law school. It’s outrageous regardless of which party’s in power. And the Judiciary, at some level, needs to weigh in and remind the Executive Branch that jailing dissidents isn’t how we do business in the United States of America.
Anyhow, please forgive the imperious rant — thanks to everyone for their work so far, keep it up, let me know where us baby lawyers can continue helping, and let’s all pray the judges come to their respective senses on the rest of these cases
That about sums up my thoughts on these prosecutions: they’re an abomination.
Not to mention an audacious choice for a State that every April 12th celebrates the adoption of the Halifax Resolves — the first official action of any of the colonies calling for independence from Britain (talk about a protest!).
And while the initial arrests were wrong, I’d argue the prosecutions are worse; unlike police, District Attorneys are lawyers who (at least theoretically) had to learn about the Constitution and the First Amendment in order to pass the bar exam.
With the guilty convictions racking up, it seems obvious the decisions have already been made at the meat-grinder/District Court level. I just hope the Superior Court — or the appellate courts if it comes to that — correct this particular abuse of power and as a result send a message about future abuses.
Because moreso than global warming or eeeevil 1%ers or any of the other boogeymen the political Left insists will lead to my demise, this is the type of thing that causes me to lose sleep at night.
From the law:/dev/null “Excellence in Government” archives:
Posted by T. Greg Doucette on Nov 27, 2013 in Mail
Greetings from Virginia Beach y’all
In what you all know is a familiar refrain at this point, “I really meant to write this awhile ago” blah blah blah. This post has been tumbling around in the nether regions of my brain since just a day or two after posting my first-year finance figures last month, in part because the (occasionally vitriolic) responses I got started giving me flashbacks to posting my grades 1L year.
Then out of the blue I started getting tagged in a bunch of tweets mentioning the post:
Needless to say I was (1) flummoxed, (2) flattered, and (3) proud of what’s likely the closest we’ll ever get here at law:/dev/null to a viral post
And it also reminded me how long it’s been since I wrote the last entry
So now that I’m out of town visiting my grandparents for Thanksgiving, I’ve got some free time to respond to the handful of questions I got sent — that can be reprinted on a family-friendly blog like this one — in response to my first-year finance figures…
Q: Dude what are you doing!!
A: I’m assuming this was intended as a question, so I’ll answer it as one: I’m doing the same thing I did when I posted my transcripts from both law school and undergrad.
Like law students and their grades, people seem to be very protective of their financial info; I searched for this kind of stuff for weeks before getting started and never found anything useful. The most-common finance comment I found was along the lines of “You’ll lose money the first year, make less than what you’d make as a first-year associate your second year, and exceed what you’d make as a third-year associate in your third year.”
I just don’t care that much And if it would provide any useful data to someone else thinking about going solo, all the better.
Q: How are you defining [the terminology at the bottom of the graphic]?
A: These may or may not line up with “normal” usage of the same terminology, but here’s how I came up with the numbers I did:
- Gross Revenue: Every single penny that ever crossed into the firm’s operating account, regardless of the reason for it (e.g. there’s no differentiation between someone paying me versus me merely being reimbursed for advancing expenses for a client). If you were to take the “Deposits” line from all my bank statements and add them up, this is the number you’d get.
- Gross Income: This is the total amount I earned in fees doing stuff for people. If you were to take the Gross Revenue category and subtract out all the entries where I was just getting reimbursed, this is the number you’d get.
- Net Income: This is the amount that actually went into my pocket for personal expenses. Take the Gross Income category, then take out everything I’ve spent on the business — office rent, the office phone line, office supplies, etc etc etc — and this is what you’d get. Meaning I spent a smidge over $30K in business-related items during the first year.
- Median Invoice: At the time I created that graphic, I’d sent out 142 invoices. This number was the median.
- Average Invoice: The average of those same 142 invoices.
- Worst Case: On a per-client basis, after factoring in all the case-specific expenses (filing fees, printing, mileage, and so on), this was the amount I lost on the worst single case.
- Best Case: Same as above, except the single best case instead (a business litigation case that, in light of the magnitude of the victory, I drastically undercharged ).
Q: There’s no way you survived an entire year on $1700. How did you eat?
A: True, I didn’t survive on the net income alone; remember that business meals are partially tax-deductible
If you factor out the business meals for the year (as well as a dozen-ish charitable contributions I impetuously made at the end of 2012 when things were going surprisingly well), the net income number would jump up a bit to $7,405.36 — a smidge over $615 a month. To cover the rest of my personal bills, initially I was using personal credit cards and since then have had to repeatedly hit up my grandparents for loans until things turn the corner.
It’s a miracle the doors are still open at this point, so I just keep trying to get smarter about expenses and keep winning cases on the figuring that everything will build on itself. We’ll see.
Q: Have you done any advertising?
A: It depends on how one defines “advertising.” If you’re talking about taking a bunch of money, throwing it into a pile on the floor, then setting it ablaze, yes I’ve done some of that
After inviting all my Facebook friends to the TGD Law Facebook page, I started doing some modest Facebook advertising. I experimented with the Facebook sidebar ads before realizing they were a near-total waste of money, then switched over to the News Feed ads that got much better results. I still haven’t gotten a significant case from Facebook myself, but I’ve been messaged by a number of folks I had to refer out to other lawyers so hopefully social media engagement will lead to something.
I also started trying direct mail back in May, which was breaking even initially but has now hit a point where I’m likely to cancel it. The direct mail side of the legal industry is very cost-competitive — some lawyers in the Raleigh-Durham area are handling things like traffic tickets for as little as $25 a case — and I’m simply not willing to be a bargain basement lawyer charging dirt-cheap rates in the hopes of getting 20-30 cases a day.
And then a few months ago I started experimenting with ads in the monthly brochure of a well-trafficked local business. The most I’ve gotten out of that one so far has been a single tweet from someone who happened to see it and thought it was interesting — and who already knew me from NCCU Law.
All told I’ve spent $4,260.90 on advertising over the year, and in terms of concrete results have only made back $1,379.96 of that amount. Needless to say there will be changes made in 2014.
Q: What’s the most important thing you’ve learned financially from Year 1 that you’d give as advice to a new solo?
A: Track everything.
When I first started out, I took a number of cases in far-flung areas like Greensboro and Smithfield just because I needed the money. While those cases were certainly more lucrative than me sitting at the office making nothing at all, after I factored in case-specific costs (office supplies, mileage, and so on) I realized they weren’t nearly as lucrative as I thought.
And tracking everything also taught me how profoundly expensive even local cases can be if you don’t get paid in full and up-front. As an example, the “Worst Case” from the graphic was a simple criminal defense issue in Wake County (adjacent to my home territory in Durham), but required so many trips back and forth to Raleigh trying to get the guy the best possible result that I burned a ton of gas in the process… and never got paid a dime
Q: If you could start over, what 3 things would you do differently?
A: That’s easy -
- Invest in my website: I didn’t even put a page up at tgdlaw.com until last Thanksgiving — and now it’s almost a full Thanksgiving later and there’s still nothing there but the firm bio and a contact page. There’s no telling how many potential clients I’ve missed because I don’t show up on most Google searches and have no meaningful info there when people type in the URL from my business card.
- Get paid up front: When I read Jay Foonberg’s How to Start & Build a Law Practice, I was underwhelmed. It had plenty of good info but it simply didn’t match the hype, and several times felt painfully anachronistic (especially the tech stuff). But he’s 110% right on the money — pun intended — when it comes to what he calls Foonberg’s Rule: get paid in cash, and get it up front. I “played nice” with a number of clients, including some who were classmates and old friends, and got burned on more than a couple occasions. Rack up a few of those and you start freaking out over how to pay bills in addition to being annoyed that folks decide not to pay for a service you provided. It’s better for everyone involved if you go ahead and get paid in advance and then just work hard to deliver a quality result.
- Charge more: A couple weeks before I got my bar results, I saw a blog entry that recommended lawyers “work for full price or for free, but never for cheap.” Being (relatively) young and naïve, I completely disregarded that concept entirely — I started out charging just $75 an hour, did flat rate appearances for what ended up being even less, and even got a $420,000+ judgment wiped out for a nonprofit I only charged $2,500. After all, my whole premise underlying NC SPICE was that legal supply and demand were just mismatched because of pricing, and enabling new lawyers to keep their overhead low would in turn enable them to charge lower rates and lead to a flurry of business. But the problem with “working for cheap” is that you have to bring in a ton of clients to make ends meet, even at low overhead. And then you either end up with either (a) dissatisfied clients you can’t keep adequately up-to-date, or (b) working yourself like crazy trying to keep all the plates spinning. It seems counterintuitive, but you’ll be a better and happier lawyer — providing better service to a now-happier client — if you charge a healthy sum and provide a corresponding level of service.
So that’s my $.02 follow-up on the money stuff I hope all of you get to have an amazing Thanksgiving with family / friends / loved ones!
From the Mailbag archives:
- TDot’s Mailbag v10.0: First-Year Finance Figures Follow-up Edition (11/27/13) [this entry] -
- 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 Oct 12, 2013 in The After-3L Life
For better or worse, it’s a sign of my near-terminal inability to get back into the blogging routine that it took more than a month since my last entry.
Several folks reminded me of the extended absence this week so I thought I’d cobble something together.
A couple weeks ago, back on September 21st, I officially hit the 1-year anniversary of starting my own law firm right out of law school. And with that milestone came the attendant benchmark-assessing / income-calculating / win-loss-recording administrivia.
The results were not what I’d have guessed they would be when I started: my workload has been absurd, my time management skills suck, and if my tax return is to be believed I’m financially more destitute now than when I was a homeless college dropout.
I’m also apparently a much better lawyer than I am a businessman
A peek into the TGD Law financials after Year 1
On the right is a chart I put together with some of the details from the year running from 21 September 2012 to 20 September 2013, with the percent of my practice areas based on gross income.
On the lawyer side of things, in the one year since I started practicing (and the not-quite-200 clients I’ve had in that time) I’ve only lost 1 case. I stopped keeping tracking of the wins entirely because it started sounding absurd when folks would ask how the year had gone; needless to say, I’ve been very fortunate on the trial front.
But I’ve also made some very boneheaded decisions in the money-making department.
Key example #1: burning several hundred dollars’ worth of gas helping a guy I met at NC State with a dozen criminal charges (pro bono).
Key example #2: taking a personal check from an attorney I represented in a foreclosure case… whose check promptly bounced after I saved her home (and who still hasn’t paid me several months later).
As much as I love piling up good karma, I’m doing this to make a living — so (also needless to say) I’m a bit disappointed with how the first year has turned out.
The one bright spot in the data, aside from the win-loss record, is that more than half my practice is already in my preferred focus area helping small businesses. I have absolutely no clue how that’s happened given the still-not-completed status of the TGD Law website but on that I’m not going to complain.
“Did I hear you say ‘dinner’??”
Things are also improving (thank goodness): the first 11 days of October 2013 have brought in more than my first two full months of practice from 09/21/12 to 11/20/12.
I just hope/pray it continues, because Samson isn’t as big a fan of ramen noodles for dinner as I am.
So there’s a glimpse into the life of one particular starting-from-scratch solo practitioner! I’m still a strong supporter of the whole going solo option — I’d venture that nearly 100% of y’all could easily outperform these financial metrics — I’m just maybe a smidge more cynical than when I began.
Hope all of you have been doing well, and enjoy the rest of your weekends!
Posted by T. Greg Doucette on Sep 4, 2013 in TDot's Tips
No, your eyes don’t deceive you — you’re seeing two entries in a one-week period for the first time since I went on a three-posts-in-a-week writing spree way back in January.
[Yes, I'm proud of myself. Told y'all I was serious about getting back in the habit of blogging ]
Admittedly I’m cheating a smidge on this one (I forewarned you Friday!) since it’s a mostly-copy/paste job of this old TDot’s Tips entry from just after I passed the bar. But I figure it’s a timely rehash since folks got their bar results over the Labor Day weekend, so hopefully you’ll forgive me
So you’ve gone from being a doe-eyed proto-lawyer nurtured in the ivy-covered walls of legal academia for the past three years, and grown into a bona fide at-least-minimally-competent attorney-at-law. Now what do you do?
STEP 1: GET SWORN IN
Oaths are what us lawyerfolk call Serious Business™. For srs. Meaning you need to take one before we’ll allow a non-lawyer to put their life in your at-least-minimally-competent hands.
To get that done:
- Grab your ID card and your pass letter from the NCBLE. You don’t actually need your law license to practice law, you just have to meet the qualifications for doing so: passing the bar exam, passing the MPRE, and passing the character and fitness review. So as a threshold issue all you’ll need to get sworn in is your letter from the NCBLE showing you passed, and an ID card proving you are who you say you are. Those, and…
- Grab -3- copies of your oath. You can find the standard oath at this link hosted by the NCBLE; if you’re not comfortable with the “so help me God” part, they’ve also got an alternative oath available here. Why have three copies you ask? Well one of them is going to get time-stamped and filed with the court wherever you get sworn in, and the second is going to get time-stamped and returned to you so you have a copy for your records. The third is optional — but as a stylistic choice I recommend printing that one on nice paper, signing it in blue ink, framing it, and putting it up somewhere in your office as an ever-present reminder of how amazing you are
- Pick your county. Now that you’re certifiably at-least-minimally-competent, you can take the oath in any courthouse in the State. Lots of folks pick the county where they’re from so it’s easily accessible for family friends; others pick the county where they’re planning to practice; others like me go where there’s a friendly judge (see below). Some counties will try to push you into participating in their mass swearing-in ceremonies — for example, Cumberland County had theirs today, Mecklenburg has one on September 26th, and Wake has one on September 23rd — but you’re not obligated to do so if you’ve got folks willing to be flexible. Which brings me to…
- Pick your judge. You can have any judge you want swear you in (as long as he/she agrees of course). In my case, EIC and I got sworn in together in Wake County by our former 2L AAJ trial team coach, the Honorable Judge Vince Rozier. You can go with a District Court Judge, a Superior Court Judge, or if you’ve got high-end connections you can even get someone from the Court of Appeals or Supreme Court. And if you don’t have someone in mind, it’s a great opportunity to introduce yourself to a judge you’ve never met to see if they’d be open to it.
- Pick your sponsor. Finally, as a matter of local custom, you’ll want an existing member of the bar to introduce you to the court. This is the person who tells everyone how amazing you are and how you’re going to use your law license to fight for truth, justice, the American Way, apple pie, mega-corporations, or whatever else suits your fancy. As an example, EIC and I both picked our 3L TYLA trial team coach (the guy in the bottom picture in this entry from the competition in Memphis).
- Take the oath. You’ll get introduced to the court by your sponsor, given the oath by the judge, then you and the judge will both sign all the copies of your oath document (ideally in blue ink for the framable copy). Take those oaths to the Clerk of Superior Court’s Civil Division, have them file one and return the other two to you, and you’re officially official!
STEP 2: PAY YOUR TAXES
Being officially official, of course, means you get to pay even more money to various organs of government than you would if you were just some random schmoe trying to start a career.
Specifically, you’ve got a trio to taxes to worry about:
- Dues to the State Bar. Here in North Carolina, this is a $375.00 fee you have to pay annually to continue practicing law. It’s officially “due” on January 1st each year, but it’s not “late” until July 1st — so basically few first-year lawyers pay it until the summer time.
- Dues to the District Bar. In addition to your required membership in the State Bar, you’re also required to join a Judicial District Bar here in NC; you can pick from either the District where you live or the one where you work. This is usually $75.00 and whether you get a reprieve before having to pay varies by District. Here in Durham we’re in the 14th Judicial District which, aside from being utterly useless so far as I’ve been able to tell to-date, requires you to pay your District dues before the calendar year is over.
My interactions with the Department of Revenue on my “privilege” license/tax (click for the full-size version)
Your privilege license. You’ll generally only need this if you’re practicing law outside of a preexisting firm — basically if you’re going solo, or doing doc review with the inevitable “I’ll only give legal advice to Uncle Bob at Thanksgiving” (otherwise, your employer usually picks up the tab).
This is a $50-per-year tax levied by the NC Department of Revenue for the “privilege” of being part of certain licensed professions. You’ll have to apply and pay for it before you start practicing, otherwise you’ll get hit with a penalty and interest for paying late.
And honestly you might even get hit with a penalty and interest anyway, just because: that’s the situation I had back in October as part of my long-running “I’m a magnet for every form of government incompetence imaginable” series Here’s the picture I created for an entry I never wrote. Make sure to appeal in a timely fashion!
There are a few other tax-related items to worry about if you’re planning to open your own firm, but that’s beyond the scope of this entry — for this one I only care about making sure you can practice law without getting thrown in jail for being a tax delinquent.
I do however, totally coincidentally, have this entry on the cost of going solo where I mention some of that stuff
STEP 3: GO BACK TO SCHOOL
You didn’t think you were done with classes just because you finished law school, did you?
Now that you’re a lawyer, you’ll have the joy of getting at least 12 hours’ worth of Continuing Legal Education classes every single year for the rest of your practicing life, starting January 1st.
And, just for you as a newbie, there’s a special epically-long CLE called the “New Admittee Professionalism Program” (NAPP) that you’ll need to complete within the first 18 months of practice. Expect to spend $200.00 and two days of your life on that one.
Luckily a good chunk of the material is actually quite useful ( ), so I’d recommend knocking it out sooner rather than later. You can find more information about NAPP on the North Carolina Bar Association’s CLE website, and information on CLE obligations in general at the State Bar’s CLE website.
And that’s it! There’s a bunch of other stuff you should do of course — buy malpractice insurance, join some of the voluntary bar associations, sit and observe other lawyers as time permits — but that’s for another blog entry
So in the words of one of my mentors after hearing I passed the bar exam: “Congratulations. Good luck. Don’t f*ck up.”
Good night y’all!
Past TDot’s Tips entries:
Posted by T. Greg Doucette on Aug 30, 2013 in The After-3L Life
At least a couple folks felt “punk’d” by my last entry, where I mentioned there’d be more “tomorrow” (as in June 21st) and then disappeared for two months.
I had an actual defense this time though! I did have a plan for a “tomorrow” post, but life decided to intervene, put me in an eminently crabby mood, and I figured y’all wouldn’t want to read me ranting and raving about any of it until I had a chance to reflect
Quite a bit has happened over the past two months:
More W’s: The law practice has been proceeding apace, with court appearances on a fairly regular basis and -0- new losses. In particular I thoroughly obliterated opposing counsel and saved a woman’s home from a wrongful foreclosure out in Wilson County back in June. For more details, see the second-from-last entry in this list.
The Chicago trip itself: We’ve all heard the word “clusterf*ck”. Well my Chicago trip was like a cluster*ck club, with several slices of awesome sandwiched between two pieces of near-unmitigated disaster — including yet another run-in with the TSA. I did get to catch up with several old classmates though, including one of my best friends from my UNCASG days during my layover in Atlanta, so overall it was a pretty great experience. I’ve got some notes and will (hopefully) work on an entry about it at some point down the road.
Church: A few weeks back I went to a Sunday service for the first time since 1999. Back over the summer I had a conversation with a former classmate who was studying for the bar and struggling with the daily grind of studying. Somehow the topic shifted to the more general issue of doing things we need but don’t necessarily like, which in turn shifted to a question asking when had been the last time I set foot into a church. So I agreed that I’d join him after he got past the bar exam, and that’s where I went the first Sunday after the exam.
My odometer, as I sat in the parking lot of the first church I attended in 14 years (08/04/13)
It must have been a day when folks were concerned for my soul, because as I was walking out the door that morning I got an email from a client inviting me to join her family at church too.
Then a few minutes later, while I was sitting in the church parking lot waiting on my classmate and texting away on my phone, I looked up and saw my odometer had tripped over to exactly 170,000 miles. Which is also the first time I’ve ever noticed when it flipped over in the 11 years that I’ve had the car.
I’m not saying it’s a burning bush or anything, but it was definitely an odd coincidence. So I went to my client’s church the week after, then went to one of the churches near NCCU the week after that. I still haven’t figured out where my church “home” is going to be yet, or even if I’m going to find one at all, but I’m thinking of making it a regular part of my weekly routine again.
Moral Monday defense: From my “This Seemed Like A Good Idea At The Time” files, I agreed to take on the defense of 20 folks arrested as part of civil disobedience in North Carolina’s Moral Monday protests led by the North Carolina chapter of the NAACP. While I agree with all of about 0% of what the protestors are protesting about, I thought the arrests were egregiously over the top and reflected the very worst of government abuses.
And frankly I have a long-standing distaste and dislike of government, even if my “side” is in power. Especially when it comes to protests.
So I signed up to be part of the group of volunteer attorneys, and when asked “Can you take 20?” I replied with “sure”… without really thinking about the logistical implications of expanding my client base by 25% overnight without a commensurate increase in revenue or staff
A judicious use of technology picked up during my computer science years has helped me stay on top of things so far, but it will be interesting to see how it turns out when I’m trying to juggle 20 different trials on different days in October / November / December while still serving my pre-existing clients.
NC SPICE is official: 14 months after submitting the Form 1023 application, the IRS finally sent me a letter granting 501(c)(3) status to the North Carolina Small Practice Incubator and Collaboration Environment I have to figure out how to recover from the momentum lost by the year+ delay, but it feels damn good having all that work actually result in something.
Joined Class of 2016/17 Orientation: Way back in the halcyon days of 2009, back when law:/dev/null was in its infancy and people were still struggling to figure out what the blog’s name even meant, I mentioned in Part 3 of the Orientation Retrospective that we had a reception with the Day+Evening Programs and local alumni followed by a session on professionalism.
Well now that I’m one of those local alumni I got invited to participate I knew the event was going to be fun anyway (there are few things I enjoy more than going back to the school and talking with the students), and it got even more fun when I discovered several of my friends from N.C. State are now part of the Legal Eagle family.
But then it got downright surreal. One of the 1Ls came up to me and goes “You’re T.! My wife is gonna get such a kick out of me meeting you, we read your blog over the summer before I came here!” And then a young lady came up to tell me how she appreciated the entries from 1L year. Then two more came up to say hi and that they had read every entry here. And so on it went for the rest of the night, even until just before everyone had left when a guy walked up and shook my hand, saying “I just wanted to say ‘thank you’.”
You want to turn me from a borderline-arrogant litigator par excellence to a near-blubbering bundle of emotion, just let me find out something I did actually helped someone else. Had to wipe away a tear or two when I got back to the car… but only after struggling to fit my now-even-more-overinflated ego inside
“I have to renew already??”: With 1L Orientation happening, that means I’ve actually been a player in this lawyer game for almost a year now — meaning it’s time to renew (and pay more for) my legal malpractice insurance
I’ve gotta pull some statistics together for the renewal app declaring what practices areas accounted for what percentage of my law firm’s income. It should make for an interesting look back, so I’ll post a pie chart or something when I hit the one year mark.
Collating 28 exhibits took forever…
New mega-suit filed: Speaking of practice areas, it’s no secret that I love litigation regardless of topic.
And after saving a lady’s home from downright crooked mortgage practices, on her behalf I spent the better part of two months gathering info, doing research, interviewing folks, and typing up what is by far the biggest lawsuit I’ve ever played a role in drafting/filing.
If you’re interested in reading the details, check out this PDF hosted on the TGD Law website: Hayes v. Self-Help Credit Union et al.
I’ll keep you posted on how it turns out!
2013 Bar results released: And this past Thursday the NC Board of Law Examiners mailed out the results for the July 2013 bar exam. Just like last year, some very close friends didn’t quite make it. But several of my mentees are now officially lawyers, and I’m told by folks who know that NCCU Law‘s overall pass rate went up this go-round — putting us ahead of both (far more expensive) Charlotte Law and Elon Law.
I’ll have a new post up rehashing some of this entry to help walk the folks who passed through the process of getting sworn in and such
I realize this entry has gotten well past verbose, so I’ll wrap it up here. *THANK YOU* as always for reading and have a great night y’all!