Posted by T. Greg Doucette on Oct 22, 2015 in The After-3L Life
Surprise! It’s a blog post!
I’ve given up trying to preserve the smilies here at law:/dev/null. Not sure when I’ll have the time to go into the archives and replace them in old entries, but from hence forward I’ll do my best to embrace the emojis that are now built-in to WordPress. 😱
Fees earned are still trending up
TGD Law officially finished three years back on September 20th. I still owe y’all a breakdown of how things turned out from Year 2, so add the Year 3 breakdown to that list. Suffice to say fees are still trending upward but the struggle with costs remains… well… a struggle.
On that same note, we opened an office in Charlotte!
Kinda cuts against the whole “Hey we really should contain costs!” narrative from that last paragraph, but I figure I’ve learned enough about how not to run the Durham branch that I think we can make a second office work. 😂
“Wait, did you say ‘we’?”
I did — I’ve actually got two associates who are still able to put up with me! 😮
At some point I’ll have to come up with blog-suitable nicknames for both of them, but one has been my paralegal since March who recently passed the bar exam; I’m hoping she’ll be my #2, once we get her over the whole fear of having never been a lawyer before.
The other has actually been a friend on Twitter (true story!), who I met for the first time during one of my Startup 101 presentations in Charlotte. We had drinks in Raleigh the following Friday, and her skillset was uniquely suited for a multinational corporate fraud case I was working on; she started work sitting in on a deposition I had the next Monday. Hence the impetus for the Charlotte office.
Finances and associates aside, we had what I consider one of our marquee wins since the firm opened — torpedoing a baseless defamation case on summary judgment, after systematically dismantling an opposing counsel who was needlessly confrontational the entire time.
The Patton reference made me smile
We’d represented a nudist group whose board members were sued after they removed another board member for inappropriately touching somebody; the ex-member actually found a lawyer willing to file suit, arguing that he was “defamed” by the removal. Lots of First Amendment issues, and then us discovering he actually had a pattern of groping multiple women over a number of years.
At the onset of the case I got some guidance from Ken White over at Popehat — I’ve been a shameless fanboy of both him and Patrick at the same site since just before I took the bar exam — and gave them a shout-out when the judgment order arrived in my inbox 😊
Of all the motion hearings and trials I’ve had since I started practicing law back in 2012, that one was my most-crisp and thorough. And the case helped me continue develop my knowledge of First Amendment law that I’d started building from representing the Moral Monday protestors in Raleigh (37 of 39 dismissed) and one of the Black Lives Matters protesters here in Durham (also dismissed).
In my personal world, Nan is doing worse 😞 She finally had the operation to take her thyroid out a week or so ago. Apparently at some point during that operation the doctor nicked her parathyroid which (news to me) regulates the body’s store of calcium — while she’s also on medication that hinders calcium absorption. So long story short I’m sitting at my desk yesterday and see my Aunt Diane calling, which I just knew meant Nan was in the hospital. She was taken to the ER where they discovered she had almost no calcium left in her system. She’ll be there for at least 4-5 days until there’s some improvement. I’m crossing my fingers that things will turn around but I’m not optimistic.
Samson is still a pain in the butt. We’ve reached a détente of sorts with him destroying the apartment, but he’s taken to scratching at the doors to the bathroom and my bedroom, and (when that didn’t do the job) chewing at the wood paneling around them. Needless to say I won’t be getting my security deposit back.
There’s been more since then — asked by MDG to volunteer with the Salvation Army Boys & Girls Club, creating a new endowment at the NCSU Libraries to focus on collections on student leadership, my frustration with both parties in the General Assembly when it comes to the economy and our court system, etc etc etc — but hopefully I’ll do a better job of updating things here and will have those as future topics.
Hope all of you are doing well!
From the law:/dev/null archives:
Posted by T. Greg Doucette on Aug 17, 2015 in The After-3L Life
It’s probably fitting that a series of blog posts on how life has gotten in the way of me blogging (Part I, Part II, Part III) would get interrupted for 2.5 months because of life getting in the way of me blogging
I’m still here. Samson is still here. TGD Law is still here.
Even law:/dev/null is still here somehow, after 6 years last week. WordPress has advanced so much that I desperately need to find a new theme — and will have to go back and remove the smilies, since they’re now getting replaced with standardized emoji — so keep an eye out for that.
I’d update y’all on more, but it’s late and I’m beat. More stuff to come soon though (seriously!)…
Posted by T. Greg Doucette on May 22, 2015 in The After-3L Life
Soooo it’s been not-quite-half-a-year since my last entry back in December. And the frequency of these disappearances is sufficiently frequent that it’s actually a preface to almost every single entry in the past year
I’d pretend that I’m going to be more consistent with the updates, but at this point y’all know better
That’s not to say I haven’t wanted to post stuff; I wasn’t kidding when I said back in my very first post of 1L year that writing here is cathartic for me. But a couple things have contributed to my absence: (i) I utterly fail at trying to set a work-life balance, and by the time I get home I just want to watch TV or sleep; and (ii) I’ve gotten hooked on a lot of different TV shows, so the whole “watch TV” side of the “watch TV or sleep” equation wins out a lot.
In any event, here I am! First post in five months is starting somewhere right?
As you can probably imagine, there’s been quite a bit of life upheaval since December. But the most expensive one has been my car.
Yes, my car finally died. After so much maintenance it merited not just one but two separate blog posts, along with asides in other entries here and here and here, the damn thing finally croaked in January.
I had just gotten brand new tires put on about a week prior, was heading down to Charlotte, and made it to Kannapolis before the engine started revving to 6K-7Krpms before catching and lurching forward, over and over again. Turns out the transmission had died — but of course I didn’t know that at the time. So I made it to a parking spot, called a friend at Charlotte School of Law to take me to get a rental (since I’d have to be back in Durham to take out Samson), forgot to leave the car key so overnighted that to a different friend who in turn got the car to a supposedly reputable repair shop… who couldn’t recreate the problem
So instead I spent about $600 in deferred maintenance thinking that would fix it. I take the rental back to Charlotte on Friday, pick up my car, head back to Durham… and make it about 2/3 of the way before the same @#$%ing problem starts happening again
I finally get back to Durham going about 20mph on I-40 for an hour, drive the car straight to a transmission shop without even making it to the apartment, and get told they’ll take a look at it that afternoon. So I call yet another friend to hitch a ride to a CLE happening while the car’s in the shop. I get out of the CLE around 4:30pm, call the repair shop… and find out they can’t recreate the problem either.
And they’re gonna close before I can get there.
And they’re not open on weekends.
Cashing in friend favors faster than is appropriate for anyone, I call EIC and beg her to borrow her car for the weekend — I was coaching the UNCCH TYLA team again (a topic for a whole separate entry), and that particular weekend was dress rehearsals before we’d be heading to Charleston SC for the competition at the end of the week. She thankfully agrees so I’m at least mobile for the weekend.
Well fast forward to the following Monday. The repair shop has finally recreated the problem and confirmed the transmission is toast. And it’ll take at least $2K to repair. Oh and they don’t have the parts to fix it in a timely fashion, so I’m looking at several weeks before I get my car back.
I borrow the third friend to take me to get another rental so I can do what needs to be done before competition. And for better or worse that includes buying a new car.
The law firm limo is dead. Long live the law firm limo.
Sooo yeah. Dropped $$$$$ on an old car that turned out to not be drivable.
By the grace of sweet cherubic baby Jesus I was able to qualify for a no-money-down loan through Navy Federal Credit Union in the middle of the car drama, and started negotiating with some different places at the same time I was holding out hope the Focus could be salvaged.
But instead I’m now enjoying a new Hyundai Elantra
The car payment is terrifying, especially after not having one for the better part of a decade. The advances in technology make it feel like I was driving a dinosaur though — and frankly I appreciate knowing the car’s not going to break down any time soon.
I drove it to Charleston for TYLA, Washington DC, Virginia Beach, and a ton of places in between since I got it. Putting about 12,000 miles on it already despite only having it for four months this week
Anyhow, I’m back! The WordPress Word Counter says I’ve already blown past the 800+ word mark so I’ll cut things here. Hope all of you are still doing well, thanks to the few of you who still read law:/dev/null, and look for another entry sooner rather than later!
Posted by T. Greg Doucette on Nov 30, 2014 in The After-3L Life
I knew it had been awhile since I’d written something here, but it didn’t really click that it had been sooo long until Thanksgiving this past week
It also served as a reminder that an awful lot of stuff can happen in just three months.
Needless to say, things have been hectic. My associates both found (much) better paying jobs. I briefly brought in a trio of interns who didn’t pass the bar and needed to make ends meet for a little bit. Won a pair of awards. Lost a pair of trials I should have won. Then (when I was seriously questioning wtf I was doing with my life) won another pair of trials I should have lost. Fought with Samson. Fought with opposing counsel. Fought with my alma mater. Spent a much-needed Thanksgiving break with my grandparents. The list goes on.
The law firm has survived its second full year and was still somewhat profitable. Fees earned went up +37%, but expenses climbed +32% so that pretty much washed out the gain; net profit went up just over $1K. I’ll post a full finance breakdown at some point in the near-term(-ish) future.
The other cool thing that happened was making my debut on the law-related speaker circuit
A room. Of lawyers. Listening to me.
After helping a dozen or so folks start their own law firms, and keeping pretty thorough records on my own startup experience, a few months ago I was asked to put together a presentation for a North Carolina Bar Association group called Starting Out Solo that focuses on lawyers who have just started a solo practice or are thinking about going that direction.
The presentation was basically supposed to be a “how to” guide on starting up a law firm, with an added section glommed on about doing the monthly trust account reconciliations.
And a bunch of people showed up
Even though I’ve been doing presentations on leadership development and on Robert’s Rules of Order for years now, I was crazy nervous presenting to a room full of peers (you can tell my hands were shaking from how blurry the picture I took turned out). But it went very well — so much so that I was asked to do the same presentation for a CLE in October and another one coming up in a couple weeks.
Things have been hectic. But still good
Sorry for being MIA for months at a stretch y’all. Should have more soon. Have a great night!
Posted by T. Greg Doucette on May 13, 2014 in Randomness
Best pic of the TGD Law mascot evah
I’ve been swamped with work so I don’t have enough time to write anything insightful just yet.
(yes yes I know, that’s become the standard start to more than a handful of blog entries here )
But I did make a trip to the TGD Law banking institution, and while waiting in line for the ATM decided to take a “selfie”…
…and Samson happened to turn right to the camera and smile
I have the most awesome dog
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 Nov 11, 2012 in The After-3L Life
I’m still here!
It seems like at least once a week I say to myself “I really need to start updating law:/dev/null regularly again”… I log in to the WordPress admin interface… clean out the spam comments and update outdated plugins…
…then promptly get sidetracked by something and never actually write anything down
Life over the past month has been crazy. Certifiably nuts. I don’t think I’ve ever had this many things going on simultaneously in my life. Ever.
The law firm’s been up-and-running for a smidge under two months, and I’ve had around 13 clients in that timespan. The crazy part is that I’ve represented those clients despite having no business cards, no website, no letterhead or envelopes or advertising — just my LinkedIn profile, an unpublicized Facebook page, and the Twitter account I barely use.
I’m also 6-0 in adversarial proceedings, which is just downright surreal. Had you told me back when I got my license that I’d go my first two months without losing a case, I’d have called you crazy. But I’m now 3 foreclosures, 2 misdemeanors, and 1 breach of contract down without a losing client. I know the first loss comes to everyone eventually but I’m over-preparing in the hope I can delay the inevitable as long as possible
Panorama of the new place right after moving in
Speaking of the law firm, I also migrated out of my apartment into a bona fide office. Trying to work from home was cheaper but incredibly inefficient between the dog and the lack of dedicated space for office-related work. The office is huge (~223 square feet), half a block to the Durham Courthouse, and cheaper than damn near everything in downtown Raleigh or Durham — and a testament to the utility of both networking and poker.
How so? Well one of my friends from Student Senate connected me to a Raleigh attorney to talk about NC SPICE. I had lunch with him, and he recommended I talk with a particular Durham DWI attorney. I had lunch with him, and he invited me to join his friends at a weekly poker night they have on Mondays. After losing my entire buy-in one week and half my buy-in the next week, I randomly asked him if he knew any attorneys with spare offices they wanted to sublease.
Turns out he had two, including the one I’m in now
So I’ve got an office, conference room, full kitchen, lobby with receptionist, free parking, all right next to the courthouse! Plus the place is huge enough that I’m now splitting it with EIC, who’s getting ready to start her own practice as well.
And speaking of NC SPICE and splitting things, there’s been some developments on that end as well. I got a response from the Internal Revenue Service that it would take them 9 months just to assign our 501(c)(3) application to somebody for review, then that person would have 90 days to make a decision — meaning we’ll get no update at all whatsoever until June 2013
So at our most recent Board of Directors meeting last week, the Board authorized me to cleave the group into two: the education-related components will stay in the nonprofit, and the office support services will get rolled into a new corporation. Since then I’ve lined up 4 investors interested in getting the program off the ground, and we’ve got our first in-person interest meeting and focus group slated for 12/12/12 at 6:00pm.
We’ve also got around 216 people following the NC SPICE Facebook page, and a hair’s breadth over 200 followers on the NC SPICE Twitter feed.
The only downside is that I’ve now gone from running one nonprofit 6 months ago to running a nonprofit, a corporation, and a law firm all at the same time
A long overdue lifestyle change. Just 18lbs to go!
On the personal side, my quest to get back in shape is still on target with me down -27lbs since June 30th. I don’t think I ever wrote the original entry I meant to write on that, but during bar prep my good friend Tim Lipka (Mr. QC) from NCSU’s Student Government passed away from a heart attack at age 25. I’d just had drinks with him when I was in DC for the Howard Moot Court Competition back in February, and we’d talked on Facebook about grabbing lunch when he came to town before the DNC convention in Charlotte. His passing was coupled with an unexpectedly high blood pressure reading I got during a regular checkup the day before, so the two of those things combined freaked me out enough to get my life in order.
More exercise and less food has been the lifestyle change for the past few months, and I’m slowly making progress. My target weight is 175lbs so I’ve got a bit more to go but it hasn’t been nearly as hard as I imagined thus far — and my blood pressure is coming back down slightly, hopefully meaning I’ll be able to avoid medication.
Aside from my personal health, life is good. I’m still contributing semi-regularly over at JD Oasis. Samson is still happy and healthy. And even though I’m broke financially I know things are going to pick up as time goes on.
That’s all I’ve got for this entry, but hope to (seriously) have more some time soon. I hope all of you have had an amazing weekend, and enjoy the week ahead!
Posted by T. Greg Doucette on Aug 11, 2012 in Mail
Good evening y’all
We’re just shy of the 3-week mark since I took the North Carolina bar exam, and one of the things on my disturbingly long to-do list has been re-engaging with all the social media outlets I let wither over the past couple months. Facebook, LinkedIn, Twitter, and of course law:/dev/null updates have finally been getting some long-overdue attention.
As I started easing back into the blogging routine, I also realized I haven’t done a TDot’s Mailbag entry in over a year
So I figured it’s a good time to knock out some of the questions I’ve gotten asked since the bar exam a couple weeks back…
Q: Olivia asks:
When preparing for the bar did you actually use materials from school? I think I’ve managed to keep every paper from every class thinking that I will need to look at it again one day. Now I’m running out of room and I’m trying to throw things out but I’m afraid lol. What were the things you needed? Any advice would be great!
A: Don’t hate me for saying this, but… I didn’t consult a single paper from law school in prepping for the bar exam
In terms of what you’ll need, whatever bar prep company you choose will send you oodles of stuff to get you through the exam. You’ll likely get around a dozen textbooks, access to an online database with thousands (!) of sample multiple choice questions, and a string of video lectures re-teaching you the core snippets of law in all the subjects that can be tested.
Many law schools also have supplemental programs of their own, such as NCCU Law‘s Invest in Success program that focuses on the essay portion of the exam.
And honestly, you’ll probably also be surprised / a little weirded out at how much law you’ve remembered over the years. Even though I won’t know if I actually passed the bar exam for another couple weeks, I never had writer’s block while taking it like I worried I would — I read the prompt, realized the area of law getting tested, and could spit out at least something vaguely resembling a coherent rule without much second-guessing.
Now even though your papers might not be any use to you, I’m one of the (apparently few) folks who have kept all my textbooks and found myself referring to several of them during different internships: specifically my Contracts book (bluelining), my CrimLaw and Evidence books (larceny and hearsay respectively), my Employment Discrimination book (Title VII), and my ConLaw book (time/place/manner restrictions on speech).
You could probably find all of the same info in a Google search, but having read through the material in class once already I have a mental image in my mind of where what I’m looking for can be found. Your mileage may vary on that one, but I hope it helps
Q: Savannah asks (after I blew up her Twitter timeline participating in the recent #1LTools tweet-up hosted by the Law School Toolbox):
So is twitter the new gig? I’ve been scouring your blog for info about your 2L classes and profs!
A: Yyyeeeaaahhh that’s not Twitter’s fault, I just did a bad job with blog updates most of 2L/3L year
There are a few entries on here under our 2L tag, and for the list of classes I took you can check out this entry on Fall 2010 and this one on Spring 2011. Beyond that feel free to send me an email or message over Twitter/Facebook with questions until I get more material posted!
Q: Tim asks:
Now that you’re no longer a law student (and hopefully an attorney soon), what’s your plan for the blog? Are you going to keep it? Change the title? Change the focus?
A: We’ll see / Yes / No / Maybe.
I’m definitely planning to keep law:/dev/null live and updated, if for no other reason than it gives me an opportunity to help spread the word about my law school. I know at least a dozen people who applied to NCCU Law because of what they’ve read here — the “Why NCCU Law?” page is still one of the most-visited on the blog — and even though a dozen is a drop in the bucket of what they get each year, every little bit of publicity helps.
Plus it’s kinda cool being on the first page of Google results when people search for the school
The name will also probably stay as it is; even though I’ll hopefully be licensed by the end of the month, we don’t stop being students of the law just because we’ve graduated from law school right?
As for the plan and focus of the blog, we’ll see what happens. I’ve still got a lengthy backlog of law school-related topics to go through — not just the May and June entries that are half-written, but posts I never got around to writing in the first place (like my 2L/3L grades) — and will probably continue offering my $.02 on law school-related developments in the news. Then there’s the whole wide world of law-outside-of-law-school to comment on, with the occasional update on my dog Samson and NC SPICE and various other projects thrown in.
The key, of course, will be whether I find the time to actually keep things up to date But stay tuned!
Q: Patrick asks:
Where do things stand with SPICE?
A: NC SPICE is still in its start-up phase, so we’re doing a bunch of things simultaneously as we work to get off the ground.
Our first Board of Directors meeting was the Friday before the bar exam where we adopted our bylaws, mission, product matrix, and related items. I’ve fired off grant requests to a couple foundations with more in progress. The NC SPICE Facebook page got fleshed out a bit, I’ve started working on the NC SPICE Twitter account, I added a LinkedIn company page, and at some point this coming week I’ll get to work on the main website itself.
One question mark looming over the group is what relationship (if any) we’ll have with NCCU Law. Our new Dean talked about building a traditional incubator “in house” during her search committee interview — which was my original idea for NC SPICE before the Chief told me there was no money to make it happen — so if the administration sees us as competitors it’ll be difficult to build a collaborative partnership. I’m still holding out hope for a consortium-style approach modeled after the Center for Child and Family Health, where you have an independent entity that multiple schools help support. We’ll see what happens on that end in the months ahead.
But until then, I’m still going full steam ahead! Once we’ve got funding we’ll get our first SPICE Center open, and once the website is operational we’ll get the SPICE Rack in place.
If you or someone you know might be interested in the services that NC SPICE offers, feel free to send an email to info [at] ncspice.org!
Q: Vanessa asks:
So how does it feel being DONE??
The first few days after the exam, I still kept waking up at the crack of dawn and falling asleep early like I had in the week leading up to the test. Then during the day I spent a lot of time reading the news, Facebook-stalking people, cleaning and re-cleaning the apartment, working out, basically anything that didn’t involve thinking in any capacity. There were a couple times where I almost felt inclined to do some practice multiples just so I’d have something intellectually stimulating. Most of my classmates had left town to relax, my 2L-turned-3L friends typically had summer internships or summer school, and folks from undergrad were like “Oh, you’re finally done? Welcome to the real world I entered 3 years ago”
The only real structure to my days are breakfast, lunch, dinner, and taking the dog out at various times in between. The rest of the time gets spent working on NC SPICE, surfing the web, and trying not to think about the bar exam. It’s a very useless feeling that I’ll look forward to ending one way or the other in a couple weeks.
Q: Alex asks:
T. Greg, you didn’t seem stressed at all during bar prep, and you certainly don’t seem stressed now. What’s your secret?
A: Faking it well (Kidding!)
A year and a half ago Kaplan asked me to write a piece for their Beyond Hearsay blog, and my first entry was on my experience as a college dropout and subsequently learning that fearing failure stalls success. It’s a personal mantra I force myself to remember whenever I get stressed out.
Now I still had occasional moments where I felt sick from nervousness, especially after some of my initial essay grades during NCCU Law‘s Invest in Success program. And I still made sure to put in the work needed to pass, including sitting through every single mind-numbingly slow lecture and running through well over 1,000+ practice questions.
But if you know you’ve put in the time and effort, what more can you do? Worrying about it just throws you off your game right at the very moment when you need to be focused the most.
That was all pre-exam. Post-exam, there’s really no point in stressing out because you can’t go back and change the test results! Pass or fail, my outcome was predetermined the minute I turned in my papers and there’s nothing else I can do about it. So I’ve turned my attention to doing something useful with my life — which is a great stress reliever in itself
Q: Natalie asks:
You knew I was going to ask this lol: do you have any bar exam study materials?
A: Yes ma’am — I’ll upload them at some point in the next few weeks and we’ll post them alongside the 1L and 2L/3L Outline files
That’s it for this entry y’all Thanks again to all of you for your continued support of law:/dev/null, and if you have any questions don’t hesitate to send an email to tdot [at] lawdevnull.com!
From the Mailbag archives:
- TDot’s Mailbag v8.0: Post-Bar Exam Edition [this post] –
- 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 –
- 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 –
- 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 –
- Bar Exam?
- The Work?
- What would you do differently?
- TDot’s Mailbag v4.0 –
- 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 –
- 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 –
- 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 –
- 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 Jul 25, 2012 in The After-3L Life
[CORRECTION (07/28/12): Madame Prosecutor informed me that the +$125 extra that computer users get charged is actually the ExamSoft licensing fee, and not extra cash going to the NCBLE as I surmised near the end of the Day 1 rundown. I’ve left the original blog entry as-is for posterity but wanted to ensure the wrong info was corrected. ]
And that’s a wrap: after 3 years of law school — including extra summer sessions both summers, plus bar prep every day since graduation — I’m officially done with the 2012 North Carolina Bar Examination!
It was also apparently an unprecedented clusterf*ck
DAY 1: “Electricity? You mean, that’s important?”
Things started out pretty well on Tuesday morning. I had taken Samson down to a pet-sitter in Raleigh on Monday night, checked in to a hotel a few minutes away from the test site, and took the evening to relax. As I left my room the next morning I saw a guy all the way down at the opposite end of the hall getting ready to leave as well. I hate waiting for the elevator myself, so I decided to hold the elevator for him. He got on, asked if I had any exciting plans for the day, and when I told him I was taking the bar exam he goes “Just remember, there is no failure. The only failure is not doing it.”
It was a random encounter, but good vibes heading over to the test site.
When I got to the NC State Fairgrounds around 7:15am there were already hundreds of other test-takers already lined up at various entrances to the Jim Graham Building, sorted by starting letter of everyone’s last name. I wandered around until I saw some NCCU Law classmates and we waited in line for an hour or so as folks eventually got checked in. Most of our professors were there talking with Legal Eagles in the different lines, including The Chief and our new Dean, encouraging all of us not to stress out and to do well.
After checking in — and getting fussed at because I had inadvertently kept my NCCU Alumni hat on — I found my seat near the back side of the Jim Graham Building and waited through nearly an hour of instructions on the documents we were being given, what needed to get filled in where, and all the other oodles of stuff the NCBLE is required to announce to ensure everything is done fairly (even though most of it was in printed material sent to us before we showed up). Then we got to open our essay packets and get to typing.
The essays were split into four parts, with two parts per session (AM and PM). For the morning session we were tested on:
- Civil Procedure: π files a wrongful death suit against a company on the day the SOL expires, then later amends to add that he’s suing as representative of the estate and names two additional ∆s; lawyer for ∆ company opposes arguing they’re futile due to SOL lapse. Which, if any, of the 3 amendments should be allowed?
- Contracts: Underage ∆ (claiming he’s 19) enters into referral agreement with temp employment agency π, who gets ∆ a job as a photographer for a child porn syndicate. Can π recover the referral fee ∆ was due to pay?
- Evidence (2-part): ∆ charged with second-degree murder following accident while intoxicated says during interrogation “I’m not drunk”; ∆’s lawyer tries to get the statement in during cross-examination of the police officer, and prosecutor follows up by trying to introduce ∆’s prior DWI to prove malice. Which, if either, of these two items should be excluded?
- Family Law (3-part): ∆ and wife separate; wife has 1 child not adopted by ∆ from prior marriage, 2 more children with ∆, and doesn’t work because she and ∆ agreed at time 3rd child was born that she’d be a housewife until child starts kindergarten. Does ∆ owe support for unadopted child, can he force wife to go back to work to support kids, and what of ∆’s various items of income will be used by the court in determining child support?
- Professional Responsibility (2-part): Prosecutor loses bond hearing against defense counsel; within minutes he finds a state statute (partially quoted) after returning to his office, then approaches judge ex parte to ask for new hearing under the statute, and gets original bond reinstated. Did he violate the RPC in asking for the new hearing and/or getting the bond reinstated?
- Property: Easement on parcel of land recorded 75 years ago; BFP acquired parcel with no mention of easement in deed. Can successors in interest of owner of the dominant tenement enforce the easement?
I finished the first set of essays about 45 minutes ahead of time, then we had a break for lunch until 1:45pm. The law school had a particularly tasty selection of deli sandwiches, sweets, fruits, drinks, and so on. It was unexpectedly good, and filling — I’d been expecting something low-budget in light of the state’s budget cuts but was pleasantly surprised.
After lunch we all filed back into the warehouse for the afternoon session. In that one we were tested on:
- Criminal Procedure: DV victim consents to search of apartment for abuser boyfriend; officer discovers marijuana in cigar box under the bed and charges DV victim with possession. Should the cigar box contents be suppressed?
- Torts: π loses medical malpractice case against doctor. What does he need to prove to succeed in a legal malpractice claim against ∆ lawyer?
- Constitutional Law: Kelo v. City of New London question; city condemns π’s property under eminent domain as part of economic development project getting turned over to private developer. What are π’s odds of successfully enjoining the condemnation?
- Agency: President of ∆ corporation enters into contract to buy expensive equipment from π, even though bylaws prevented her from doing so, π knew of bylaws restriction, and Board voted to defer all equipment purchases until next year. Is the contract enforceable?
- ZombieLaw: Pastor owns rental properties as tenants by the entireties with mentally incompetent wife, joint checking account with right of survivorship with one son, life insurance policy naming both sons as beneficiaries, and modest home; son holding durable power of attorney changes life insurance policy to name himself as sole beneficiary; pastor’s will splits estate between both sons; pastor dies with mountains of debt. Who gets what?
- Secured Transactions: Creditor 1 finances ∆ company in exchange for security interest in all of ∆’s after-acquired personal property; Creditor 2 finances piece of equipment in exchange for Purchase-Money Security Interest, but doesn’t file a UCC-1 until months later; ∆ defaults on both loans. Who has priority over the piece of equipment?
It was in the middle of this second session when things went to hell in a handbasket testing-wise.
You see, this part of North Carolina has a long-standing history of late afternoon summer thunderstorms — even confirmed scientifically by my alma mater NC State and the State Climate Office back in 2001. The day starts out great, then around 4pm the clouds form, you have 20 minutes of the worst rain, wind, and lightning that you’ve ever seen, and then the sun’s out again.
Well in the middle of my ZombieLaw essay the power went out the first time. It lasted for about 7 minutes before things came back on, and the proctor announced that everyone would get an extra 7 minutes of time. I’d ensured my MacBook Pro battery was fully charged the night before the exam so I wasn’t phased by the outage and just kept on working.
Then, as I’m a paragraph away from finishing my Secured Transactions essay around 3:30pm, the power goes out again. And stayed off this time
I finished my essay and turned in my forms about 5 minutes later, but found out that night that power stayed out for nearly an hour and folks were given an extra 45 minutes to finish; the essay portion that was supposed to end at 5:11pm stretched out until just before 6 o’clock. Bear in mind no electricity also meant no air conditioning — on a summer day, in 90º+ heat, housed in what is essentially the livestock barn for the State Fair each year.
Maybe it’s just because I was a computer scientist before I was a law student… but contingency plans for a loss of electricity seems like something you’d have for an event like this. I can only imagine the number of threatened lawsuits that are going to crop up when results are released and people who failed the test argue it was/is because of the stressful testing environment.
Did I mention that the NCBLE makes us pay an extra +$125 to use our laptops? Multiplied by the number of laptop users, that’s well over $100K going to the NCBLE just from laptop users alone. Surely they could drop $5K (or more) on a durable industrial generator.
After leaving the building I continued my non-diet indulgences by getting Zaxby’s for the first time in ages, went back to the hotel and swam for a bit, then did a hundred practice MBE questions while watching television.
DAY 2: “What the hell is that sound? And did that rat just piss on your foot?”
Wednesday was the Multistate Bar Exam multiple choice questions, covering ConLaw, CrimLaw/CrimPro, Evidence, Ks, Property, and Torts in two 100-question chunks. Things started around 8:15am and it was as dull and mundane as 100 multiple-choice questions sounds.
I’d been averaging around a minute per question practicing all summer, and did about the same on the exam wrapping up a couple minutes after 10am. The lunch break was absolutely dreadful the second time around because it was so… @#$%ing… long. It was already slated to last two hours, and me finishing an hour early added to it. Most of the time I was debating whether or not I should do more practice multiples, and didn’t eat lunch until the tail end of the break because I was still full from breakfast.
Oh and I forgot to point out there was a rat running around a quadrant of the testing area in the morning session, that staff captured on the lunch break by throwing a trash can over it One of my classmates had the misfortune of it running across (and peeing on) her foot.
Things got back under way just after 2pm for the next batch of questions. Throughout most of the afternoon I kept hearing a loud noise outside, wondering if there was another thunderstorm going on — and turns out there was a wood chipper running full blast for hours.
I tuned out the noise and kept grinding on the questions, finished about 3:55pm, then picked up the dog and headed home.
So how did it go?
I have no clue
On the essays, I thought they were a lot “easier” than I expected. That word’s in quotes because I have -0- clue if I actually got the answers right; it just wasn’t nearly as difficult coming up with words to put on the paper as it had been during bar prep. I know for sure that I railed the Agency, ConLaw, and CrimPro questions, had only a partial clue on the CivPro and Prof Resp questions, and was somewhere in the middle on all the rest. NCCU Law has a supplemental bar prep program called “Invest in Success” that exclusively focuses on the essay portion of the exam and I’m thinking that was instrumental in getting me prepared.
The MBE, on the other hand, was inordinately difficult across the board.
My practice scores jumped, but the MBE was still far more difficult
My scores had improved dramatically on the practice multiples I’d been taking from BarBri so I went into Wednesday expecting it to be a piece of cake. But wow. I could narrow most questions down to two choices fairly quickly but would have no idea which of the two was correct.
Taking everything overall, and the 60-40 split NC uses on the essays-vs-MBE, if I were a gambling man I’d put my odds of passing somewhere around the mid-60% range. I feel OK but not comfortable. And now I have to find a way to put the test out of my mind for five weeks until we get the results…
That’s it from me for tonight y’all! Now that I don’t have class or studying I’m going to try to get law:/dev/null up-to-date (seriously!) and work on getting NC SPICE off the ground. Thanks to all of you for your support the past couple months, and have a great night!
Posted by T. Greg Doucette on Apr 7, 2012 in Randomness
I promise I’m not turning law:/dev/null into a photo-blog after yesterday’s post, but this is how my dog ended up after “fluffing” his dog pillow…
Samson made a pillow out of his pillow...
He’s a pain in the butt at times, but I swear I’ve got one of the most adorable pets evah
Have a good night y’all!