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Yep, I’m still here

Posted by T. Greg Doucette on Aug 30, 2013 in The After-3L Life

Hey y’all :)

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.1 For more details, see the second-from-last entry in this list. :D

  • The Chicago trip itself: We’ve all heard the word “clusterf*ck”.2 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)

    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. :crack:

    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,3 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.4 Especially when it comes to protests.5

    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 :beatup:

    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 :spin: 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,6 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 :D 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.7 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.8 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 :spin:

  • “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 :beatup:

    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...

    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. :angel:

    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.9 :D

    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! :D

  1. Beat him so bad that his last line of argument was, essentially, that I “must be” lying to the Court (no reference to the 100+ pages of unedited documentation in the trial binders I distributed). I ever-so-briefly thought about jumping over the counsel table and beating him down, but then the Judge ruled in our favor and I instead took solace in knowing he had a 3.5-hour trip back to Charlotte to marinate on his loss :angel: []
  2. If you haven’t, check Urban Dictionary. ;) []
  3. Politically they’re almost like an older, upscale version of the unwashed aspiring hippies who did Occupy Wall Street []
  4. See here and here and here, plus a new entry for the NC Department of Commerce and my “privilege license” last year that I never got around to writing about []
  5. See this entry from law school for insight into my views on governments restricting speech in so-called “protected areas” []
  6. If you’re still wondering, go to the first question in this Mailbag entry :) []
  7. And by “surreal” I mean awesome :D []
  8. Coincidentally the subject of a pair of old entries here and here []
  9. The official stats should be publicly released next week []

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3

“Where did all these people come from?”

Posted by T. Greg Doucette on Dec 9, 2011 in Site Stats

Hey y’all! :)

It’s been half a year since our last Site Stats entry back in June, not for lack of time or interest but mostly because traffic tended to stagnate with my random disappearances all the time. Even with us passing 1,000,000+ pageviews back in September, there wasn’t anything particularly noteworthy to merit another entry.

November '11 now holds the all-time attendance record :surprised:

Then a whole bunch of y’all appeared out of nowhere! :crack:

November 2011 was officially the single busiest month law:/dev/null has had since we launched back in August 2009!

And I have absolutely no clue why :beatup:

We had a +6.7% bump in daily readership to 2,041,1 likely resulting from my somewhat-less-sporadic posting over the month.

But the real craziness is the sudden +57.4% explosion in unique people coming to the site (8,144)2 — leapfrogging our previous record back in October 2010 of 6,716, and for reasons totally unknown to me.

There wasn’t a sudden bump in Google searches, no random spike in RSS readership,3 no particularly controversial posts that I’m aware of, and yet somehow we still had a whole bunch ‘o newcomers stop by this little piece of internet real estate. :surprised:

The war on spammers continues...

And what makes the unique IP number particularly odd is that it came alongside us blocking an unprecedented number of spammers that would otherwise be distorting the traffic figures.

In what has become my WordPress equivalent of the government’s War on Drugs, on a regular basis I go through our logs line-by-line and wall off this space from an ever-growing number of bots and spamdexers via our .htaccess file. It’s virtually eliminated comment spam (0.00479 spam comments per IP last month) but has the side effect of holding down the traffic figures.

Which is just as good since I don’t really count spammers as “real” visitors, but it’s still weird seeing such a jump in readership knowing there are about 2,000 URLs blocked from sending people here.

Anyhow, to the new folks: *WELCOME*, and thank you for visiting! :D  Hopefully you’ll enjoy it and keep coming back. :)

Doubt we’ll hit this level of traffic again any time soon but we’ll see what happens…

***

The main reason I started putting these entries together ages ago was to go through some of the search queries that send people to the site. So here’s a random selection of 20 out of the 580+ unique search terms that brought folks here in November 2011:4

  • can a footnote go under the signature on a legal doc: Depends on the document, and depends on the rule of construction the courts in that jurisdiction use; some courts allow it, others consider anything past the signature (including footnotes) as “surplusage” that has no legal effect.
  • nccu law bad neighborhood: Aside from a drug bust at the local Burger King and the occasional stuff that happen on every sizable college campus, it’s really not that bad.
  • can you petition your gpa if you are within less than 2 tenths away from cum laude: In the words of MDG, “LOL. no.” (at least not here at NCCU Law)
  • lawyers in state legislatures: Are a surprising rarity :surprised:
  • i’m panicking wording: Freaking out. Melting down. Losing your nerve. Having a psychotic episode. Taking a law school exam. Let me know if I should continue…
  • how often do people get kicked out for 2l grades: Not often compared to 1L year because people can self-select their classes, but it does happen. The frequency doesn’t matter, all that matters is whether or not your GPA is above a 2.0 ;)
  • how to get a job with bad grades in law: (1) Develop a personality, then (2) network. If you exclude me tutoring CrimLaw (where the grade for that single class was a smidge important), I’ve had exactly -0- employers care about my GPA for the various law jobs/internships I’ve had. Particularly in smaller firms, people care more about whether or not they can tolerate working with you every day than whether or not you were Top 10% academically. Make sure you have a solid LinkedIn profile, go to various law-related events, attend CLEs, get to know your professors and career services personnel, and so on — that way when openings pop up, people are willing to recommend you or at least clue you in to the vacancy.
  • american travel blog first impression toronto: I loved loved loved it! Awesome place. :D
  • dueces fingers with white background: You’d probably have more success spelling it correctly (“deuces”), but until then you can use the pic from this old UNCASG-related entry.
  • college students taking classes unrelated to their major: Yep, that’s how I made my way through N.C. State :beatup:
  • why do you want to go to nc central law?: Ummm… if you don’t know the answer to that question already, you probably don’t want to go here :P  If you want my reasons, you can read my “Why NCCU Law?” entry linked at the top of this page.
  • is law school still worth it: Nothing has happened to change my perspective (Part I and Part II) so I’d say “yes.”
  • can you fail duke law?: On a B+ curve? And risk the school losing $51K+ a year in tuition in fees per student? It might be theoretically possible, but I doubt it happens :roll:
  • 1l grades most important: I certainly hope not or I’m screwed. I prefer my own $.02: your 1L grades don’t matter.
  • va beach snowmageddon: Terrifying at the time, but pretty effing cool in retrospect B-)
  • sulc has too many white students: With budget cuts going on and minimum bar passage rates slated to rise, my guess is SULC has bigger things to worry about ;)
  • november mpre 2011 thoughts: It sucked. But I passed.
  • “closing argument” “let me try that again” good morning: Assuming you’re planning to try something similar to the Chief’s greeting back at 1L Orientation: please don’t. I’ve yet to find a single person who thinks this tactic is humorous or anything but annoying.
  • how to get caught up law school: When you figure it out, please let me know :beatup:
  • young lawyers division ridiculous: That’s actually not the first time I’ve heard this. Aside from the YLD’s incomplete approach to transparency in law school statistics, a number of them were downright rude during the ABA Annual Meeting this past summer. I guess being esquires entitles them to be pricks? Hopefully that won’t be me this time next year.

Nothing particularly risqué in this month’s batch of queries, but I still enjoyed digging through them :)

***

To wrap things up, here are the Top 5 posts from November 2011:5

  1. On NCCU Law’s strict-C curve: In support of the strict C: a year later (11/12/11)
  2. On thinking about going solo: Should I just go solo after graduation? (Part I) (11/27/11)
  3. On pros/cons for going solo: Should I just go solo after graduation? (Part II) (11/29/11)
  4. On the irrelevance of 1L grades: Your 1L Grades Don’t Matter (05/29/11)
  5. On the November ’11 MPRE: That was remarkably unpleasant (11/05/11)

And that’s it for this entry! *THANK YOU* as always for your continued support of law:/dev/null, it’s greatly appreciated! :spin:

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From the Site Stats archives:

  1. +23.4% year-over-year since November 2010, for those who like analytics :) []
  2. +57.1% year-over-year []
  3. We’re actually back down to 116 RSS readers, which is more in line with our historical average. Looks like the previous spike was an aberration. []
  4. Down -18.4% compared to last month, but up +81.25% year-over-year []
  5. An odd collection considering #2 and #3 were only up for a couple days before the month ended, and #3 was posted half a year ago :surprised: []

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7

The YLD’s incomplete approach to law school transparency

Posted by T. Greg Doucette on Aug 6, 2011 in Unsolicited Commentary

Good evening folks! :D

Day 3 of the ABA’s 2011 Annual Meeting features the “Assembly” portion of the ABA Law Student Division, where representatives from all the law schools in attendance convene legislature-style to debate and vote on various resolutions, along with the usual end-of-year awards and speeches as old officers retire and new officers begin their terms.1

If memory serves me correctly, there were 174 delegates in attendance representing just 99 law schools — an unfortunate reminder of how many of the 199 law schools nationwide had -0- presence at this meeting. :crack:

While other resolutions certainly had more contentious debate — a proposal asking law schools to elicit more information from students claiming Native American heritage was adopted in a heavily-split vote — the item that bothered me was known as Resolution 111B, adopted by the ABA Young Lawyers Division in February and dubbed its “Truth in Law School Education” resolution.

You can read some of the details about the TILSE document in this February piece at the ABA Journal. Essentially the resolution demands that law school’s provide greater disclosure of the employment survey data they collect from recent graduates, so prospective students will have a more accurate gauge of their employment prospects before taking on six-figures’ worth of loan debt to get a law degree. The YLD then handed the resolution to the LSD to ask for the students’ endorsement.

Generally, good stuff…

…but it was readily apparent this particular agenda item was less about its content than it was about good ol’ fashioned logrolling. When the YLD representative gave his report on the topic, his first words weren’t about the resolution — he instead made sure to note that YLD was “standing behind you” on an unrelated resolution seeking to get voting power for the LSD representative to the ABA’s Board of Governors. :roll: One of the LSD delegates even tried various linguistic twists (contortions rivaling the very best yoga practitioners) to insist the resolution “doesn’t add any additional burdens on law schools” because “we can’t make demands, we can only make recommendations.”2

Which is just as well, because the resolution’s contents as-written are woefully insufficient.3

In typical American fashion, the YLD has taken a two-part equation and expended untold hours and vast sums of energy focusing on only one side of it: the Big Bad Law Schools and the games we all know those schools play with their employment statistics.

But a key contributor that enables law schools to play those games with statistics are the less-than-100% response rates from their newly minted (and likely newly licensed) law school graduates, who are often too busy to waste time with filling out a form they have -0- incentive to complete. When someone doesn’t return a survey, do they count as employed? Unemployed? Excluded from the dataset entirely? The methodologies relating to those questions are among the core issues underlying the skewed stats.

That problem is also compounded for HBCUs and other law schools where the bulk of students go into public interest professions. When following your passion barely lets you pay the bills, you can’t exactly take even more unpaid time from your daily schedule to fill out even more paperwork.

So in typical T. fashion, as an advocate for my law school I decided to raise an issue no one else seemed interested in bringing up. :angel: I submitted a page-long form to speak4 that contained the following innocuous statement:

The American Bar Association Law Students Division (ABA-LSD) embraces a “full spectrum” approach to improving Truth in Law School Education, including both greater data disclosure and more comprehensive data collection. To promote that objective, the ABA-LSD encourages the American Bar Association to petition state bars (or equivalent licensing agencies) to grant some form of Continuing Legal Education credit to graduates who complete and return post-graduation employment surveys.

CLE credit: a simple and easy solution.

Using North Carolina as an example, even a single Professional Responsibility credit would incentivize new lawyers to reply by letting them meet 1/12 of their annual CLE obligations, all at no cost beyond the time spent completing it.

Yet like every other group that frowns upon people rocking the boat, actually considering ideas that weren’t pre-vetted by the folks in charge was verboten — my attempted amendment was somehow ruled out of order by the presiding officer by citing some illusory “protocol” that decreed “we cannot amend another group’s resolution.”5 :crack:  The unamended resolution was then passed by voice vote with only token opposition.

Regardless of the LSD’s take on the issue, however, the fact remains that the YLD is raising this great hue and cry over law school employment statistics without making a comprehensive effort to fix it. The ABA’s full House of Delegates will be taking this document up over the next few days, and will likely adopt it in its unaltered form — and we’ll all get to listen over the next few years as these new “reforms” still fail to fully address the problem.

Here’s hoping someone over there has the cajones to at least propose a full spectrum solution…

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From the law:/dev/null ABA Annual Meeting-related archives:

  1. I also got to enjoy this beautiful Toronto weather and caught the tail end of a “Civil Rights in the 21st Century” CLE earlier in the day, where I inadvertently crossed paths with former N.C. Supreme Court Chief Justice Henry Frye :spin: []
  2. This is the kind of semantic chicanery that makes everyday people despise lawyers. Either (a) you expect your recommendation to be enacted, in which case it adds an additional burden on law schools, or (b) you don’t expect your recommendation to be enacted, in which case you’re wasting everyone’s time “endorsing” a purely symbolic piece of paper. :roll: []
  3. As just one of many many many examples, a delegate from Washburn Law raised an excellent point: in addition to the stats YLD wants to collect, there should also be some kind of indicator of how much help the Career Services Office actually provided in a student getting a job. It makes no sense for a law school to tout a given graduate’s employment when that graduate had to do 100% of the work finding the opportunity and securing it. []
  4. A requirement mentioned nowhere in the Standing Rules of the LSD Assembly and completely foreign to the Robert’s Rules of Order said Assembly was using as its parliamentary authority. []
  5. Assuming arguendo such “protocol” exists, and ignoring the fact it doesn’t appear anywhere in the Assembly’s Standing Rules or in Robert’s Rules of Order, I wasn’t amending the resolution. I was attempting to amend the LSD Board of Governors’ main motion to endorse the resolution, from “We endorse this document” to “We endorse this document, but…”; hence why the amendment wasn’t in traditional “Whereas etc etc / Be it resolved etc etc” format common to resolutions. ;)  The abject failure to grasp this most basic of parliamentary concepts has exposed the notion of “professional parliamentarians” (which the LSD uses to help with presiding) as a complete and total fraud. But I digress… []

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