A few months back I was approached at work with a problem. A client of ours had a recently pled guilty to criminal charges and now the opposing attorney for our client's civil case filed a motion to dismiss based on what he deemed to be perjury in our client's deposition.
The lead attorney on the client's civil case asked if I would draft the response to the motion to dismiss. I instantly said that I would, only to have the reality of the difficulty I now faced crush my elation from being asked to do it. I had never written a motion to dismiss, let alone a response.
This was my chance to prove my potential. My big shot at impressing the boss. I spent the next four days putting every ounce of mental energy into my response. After several revisions, I finally mustered the courage to show my boss. He was impressed. However, that was the easy part. The million dollar question: would the judge be impressed?
Said response was filed and days went by. A few days before the hearing, the opposing attorney called and cancelled the hearing. He made an excuse that he couldn't attend, but we knew the writing on the wall. His motion to dismiss had virtually no merit, and my boss gladly allowed me to professionally call him out on it in our response.
Fast forward two months and the client received a very good settlement at mediation. Today the client's check came in. I couldn't help but think how far off that check seemed when I was first drafting the response.
Did my response solely save the client's case? No, we have a great time of people that built up the client's case along the way. But I believe years from now I'll look back and remember this as my first David vs Goliath moment, where you face something that seems infinitely bigger than you. As I will soon be the "newbie" in the attorney world, it surely won't be my last.
Tuesday, July 31, 2012
Friday, July 6, 2012
Exit Strategy
"What are your plans after passing the bar? What kind of law do you want to practice?"
With graduation less than five months away, these questions seem to intensify by friends and family. The truth is, for a few years I've known exactly where I want to go. As far as what, well, that's still working itself out.
More than four years ago, I began working at a small company. Having a "corporate" job immediately before, the new found freedom and independence of working for a small company was an eye-opening and life-changing experience.
Even now, as I work for a small law firm, I love the independence, freedom, lack of intrusion, and camaraderie of a small firm.
After speaking with lawyers who worked for medium-large size firms, I came to the conclusion that I'd gladly exchange somewhat higher initial pay and the farce of job security for a smaller firm.
For those close to me, you know what my plans are. I've been associating with a close, successful attorney for the past few years. We've discovered success as a attorney/assistant team, and I can't wait to see the success we can bring as an attorney duo in the years to come.
New firm name and details to come soon!
With graduation less than five months away, these questions seem to intensify by friends and family. The truth is, for a few years I've known exactly where I want to go. As far as what, well, that's still working itself out.
More than four years ago, I began working at a small company. Having a "corporate" job immediately before, the new found freedom and independence of working for a small company was an eye-opening and life-changing experience.
Even now, as I work for a small law firm, I love the independence, freedom, lack of intrusion, and camaraderie of a small firm.
After speaking with lawyers who worked for medium-large size firms, I came to the conclusion that I'd gladly exchange somewhat higher initial pay and the farce of job security for a smaller firm.
For those close to me, you know what my plans are. I've been associating with a close, successful attorney for the past few years. We've discovered success as a attorney/assistant team, and I can't wait to see the success we can bring as an attorney duo in the years to come.
New firm name and details to come soon!
Thursday, June 14, 2012
Back to the Beginning
Recently I met a guy who walked into law school beaming from ear to ear. As any of my law classmates will attest to, this is rare, because most of us have looks of disappointment as we yet again walk through the school doors for 3.5 hours of mental torture. Not that we regret going to law school, but we're ready to get out after almost 4 years.
As I would discover, my beaming friend just received his acceptance letter. Speaking with him brought flashbacks of my fateful walk to the mailbox when I noticed the letter from law school. Had I been accepted or rejected? After all, I did dedicate a few months into both studying for and taking the LSAT with no guarantee I'd get in to law school. Had my efforts been wasted?
I'll never forget that evening in November 2008 when I found out I'd been accepted to law school. Several joyous phone calls later, I still couldn't believe it.
My newfound friend was full of questions, and I was happy to oblige him. His demeanor was refreshing. You meet so many law students that are burned out, it's nice to speak with someone full of energy (granted, becoming accepted to law school is the first step of one-thousand before graduation).
To my new friend: best of luck over the next four years. To those, like me, who are due to graduate this December, or next May, never forget the excitement of receiving your acceptance letter.
As I would discover, my beaming friend just received his acceptance letter. Speaking with him brought flashbacks of my fateful walk to the mailbox when I noticed the letter from law school. Had I been accepted or rejected? After all, I did dedicate a few months into both studying for and taking the LSAT with no guarantee I'd get in to law school. Had my efforts been wasted?
I'll never forget that evening in November 2008 when I found out I'd been accepted to law school. Several joyous phone calls later, I still couldn't believe it.
My newfound friend was full of questions, and I was happy to oblige him. His demeanor was refreshing. You meet so many law students that are burned out, it's nice to speak with someone full of energy (granted, becoming accepted to law school is the first step of one-thousand before graduation).
To my new friend: best of luck over the next four years. To those, like me, who are due to graduate this December, or next May, never forget the excitement of receiving your acceptance letter.
Tuesday, April 3, 2012
Law School: A safety net for those who think they're smart
I began law school proud of myself. Proud that I had "made it in". I wore my law student badge with honor. This now-humorous self-held honor continued after I passed my first year of law school. I had gone from "making it in" to "making it". First year is a critical test of who's got the stuff and who doesn't.
Fortunately, for the better of myself and those around me (mainly my wife!), I've moved on from these internal shananigans.
Law school is a safety net for those who think they're smart. Hypothetical questions are pondered to infinity (to my utmost disdain). Law school exams can be hard and taxing on the writing hand, but generally your client is an upstanding citizen and there's a clear legal result for them. You answer the question to get the highest grade.
Then there's the real world. Where your client has a criminal record, past medical injuries, and maybe even a child support arrearage. You client is broke and comes to your office in tears asking for a loan. Your heartstrings are pulled, but that pesky ethical rule says you have to say "No".
I'll finish school this December, pass the bar next February (fingers-crossed), and begin practicing law. The safety net will be gone. Honestly, I'm anxious to see it go.
Working for my father and a law firm has shown me that law school is the tip of the iceberg, and reality is the 90% you don't see that's underwater.
But be careful, reality is the bottom portion that can sink your legal career.
Fortunately, for the better of myself and those around me (mainly my wife!), I've moved on from these internal shananigans.
Law school is a safety net for those who think they're smart. Hypothetical questions are pondered to infinity (to my utmost disdain). Law school exams can be hard and taxing on the writing hand, but generally your client is an upstanding citizen and there's a clear legal result for them. You answer the question to get the highest grade.
Then there's the real world. Where your client has a criminal record, past medical injuries, and maybe even a child support arrearage. You client is broke and comes to your office in tears asking for a loan. Your heartstrings are pulled, but that pesky ethical rule says you have to say "No".
I'll finish school this December, pass the bar next February (fingers-crossed), and begin practicing law. The safety net will be gone. Honestly, I'm anxious to see it go.
Working for my father and a law firm has shown me that law school is the tip of the iceberg, and reality is the 90% you don't see that's underwater.
But be careful, reality is the bottom portion that can sink your legal career.
Wednesday, March 28, 2012
Martin, Zimmerman, and Hearsay
Regardless of your personal opinion about what happened between Trayvon Martin and George Zimmerman, you weren't there. I wasn't there. Any information that you form your opinion on regarding this tragedy is hearsay. No matter how right you think you are that George in fact did/ did not act in self-defense, your belief is based on second-hand information. This information has been tainted, to some degree, as it's been passed down to you.
What blows me away about this tragedy is our ability to form an opinion, and steadfastly hold to it, all while relying on this second-hand information, hearsay.
Perhaps "innocent until proven guilty" is a time-honored adage we merely now pay hollow respect to. We think it's a good concept in theory, but when it comes to the practical application, we throw it out the window.
If you've formed your belief as to whether George Zimmerman was acting in self-defense, that's fine. But for those that go out of their way to malign the application of objectivity and would seek to have George Zimmerman arrested, prosecuted, or whatever, without actual first-hand knowledge of the transpiration of the tragic event, please shut up.
Thursday, March 15, 2012
Do I have a case?
"Do I have a case?"
I am asked this question every day. While legal ethical rules prevent me as a law student from answering the question on its face, I can ask questions to see if our firm is interested in possibly taking on the case.
If there's anything I've learned in my short tenure working for a law firm, it's that people's expectations often far exceed the reality of their situation. Law, like every other business, comes down to customer service. When your customers have overblown expectations from the beginning, it's imperative that you insert realism immediately. Otherwise attempting to correct their expectations becomes a hopeless effort, and no amount of money will ever bring them "justice". They will forever retain the chip on their shoulder.
For these types of clients, lawyers are really just glorified babysitters. Perhaps it's the Bart Durhams and Hughes & Colemans, displaying glorious sums of money with puffed-up promises of justice that are the problem.
One of my worst pet peeves is someone asking, "What are my rights?". This question confuses criminal and civil law (Yes, you have a right to a jury trial in a civil matter under the 7th Amendment, but that's about it). It immediately tells me that this person will be difficult to deal with. They've seen too many lawyer commercials.
One of the worst things to do when calling a law office is to argue with the paralegal or lawyer about why you think you have a case. At our office, we have over 100 years of collective legal experience and it amazes me when a person voluntarily inserts themself into a legal argument with myself or our staff having little or no understanding of the law. Besides raising the red flag that we don't want you as a client, you come across as an idiot.
Practicing/working in the legal field can be tolling. Clients aren't always appreciative and sometimes accuse you of mishandling their claims when in fact the client really didn't have a strong case to begin with.
The most important lesson I've learned is to have the attitude of a servant. This includes not belittling those who lack legal understanding even when it's extremely warranted. It means smiling as a client yells through the phone that you're not doing a good enough job.
The kind words of thanks of appreciative clients make it worth it, and you have the satisfaction of knowing you guided your fellow man through a long, complicated process and achieved for them a favorable result.
I am asked this question every day. While legal ethical rules prevent me as a law student from answering the question on its face, I can ask questions to see if our firm is interested in possibly taking on the case.
If there's anything I've learned in my short tenure working for a law firm, it's that people's expectations often far exceed the reality of their situation. Law, like every other business, comes down to customer service. When your customers have overblown expectations from the beginning, it's imperative that you insert realism immediately. Otherwise attempting to correct their expectations becomes a hopeless effort, and no amount of money will ever bring them "justice". They will forever retain the chip on their shoulder.
For these types of clients, lawyers are really just glorified babysitters. Perhaps it's the Bart Durhams and Hughes & Colemans, displaying glorious sums of money with puffed-up promises of justice that are the problem.
One of my worst pet peeves is someone asking, "What are my rights?". This question confuses criminal and civil law (Yes, you have a right to a jury trial in a civil matter under the 7th Amendment, but that's about it). It immediately tells me that this person will be difficult to deal with. They've seen too many lawyer commercials.
One of the worst things to do when calling a law office is to argue with the paralegal or lawyer about why you think you have a case. At our office, we have over 100 years of collective legal experience and it amazes me when a person voluntarily inserts themself into a legal argument with myself or our staff having little or no understanding of the law. Besides raising the red flag that we don't want you as a client, you come across as an idiot.
Practicing/working in the legal field can be tolling. Clients aren't always appreciative and sometimes accuse you of mishandling their claims when in fact the client really didn't have a strong case to begin with.
The most important lesson I've learned is to have the attitude of a servant. This includes not belittling those who lack legal understanding even when it's extremely warranted. It means smiling as a client yells through the phone that you're not doing a good enough job.
The kind words of thanks of appreciative clients make it worth it, and you have the satisfaction of knowing you guided your fellow man through a long, complicated process and achieved for them a favorable result.
Thursday, March 8, 2012
Actually, 15 Minutes or Less Can Cost You...
The majority of calls I receive at my job are from people involved in car accidents. The biggest problem besides who's at fault is whether the at-fault driver had insurance. If not, then the the not-at-fault driver must have uninsured/underinsured motorist coverage, often referred to as UM Coverage, before I can discuss our firm representing them. I'm using this post to get on my soapbox and plead with you to make sure you have enough UM coverage on your policy.
For most people, UM coverage is an afterthought. They want enough liability so they can't be personally sued, but don't fully consider the results in the event that they're hit by someone who has no insurance at all.
For example, John Smith has $100,000 per person/$300,000 per incident liability coverage, which these days is adequate at best. But he decides to skimp on his UM, and elects for $25,000 per person/$50,000 per incident UM coverage. Years go by and John one day has a head-on collision caused by the approaching car veering into his lane improperly. John and his wife sustain life-threatening injuries and have to be transported to Vanderbilt's Trauma Center via Life-Flight Helicopter, which costs approximately $25,000-$35,000 per person.
Unfortunately for John, the at-fault driver allowed his insurance policy to lapse. John must now rely on his UM coverage, but only has $50,000 of UM coverage for his wife and himself. The Life-Flight bill alone has devoured this entire $50,000. It takes John and his wife four weeks in the trauma center to recover, now they face six-figure hospital bills, for which there's no remaining insurance to cover.
Sure, John can sue the at-fault driver, but that driver likely won't have any assets because his house is mortgaged and car is financed. You must have something of value that doesn't have any loan/lien/mortgage against it in order "connect" it, or execute it upon a judgment. Sure you can sue the guy, but at the end of the day you have a worthless judgment if you can't execute on it.
I cannot tell you how many John Smiths I talk to on a weekly basis. I cannot begin to describe the heart-ache of lost jobs, homes, and utter financial ruin that I hear all the time. You can literally hear the regret in their voice from having purchased "cheaper" insurance.
Check your UM coverage and make sure it's enough to adequately cover YOU AND YOUR FAMILY! I personally recommend at least $100,000 per person/$300,000 per incident. UM coverage is relatively cheap and in the unfortunate event another driver causes an accident in which you are involved and doesn't have insurance, you are covered.
Finally, by TN law your insurance company cannot increase your insurance premium if you end up filing a UM claim. There is literally no downside to having a lot of UM coverage.
For most people, UM coverage is an afterthought. They want enough liability so they can't be personally sued, but don't fully consider the results in the event that they're hit by someone who has no insurance at all.
For example, John Smith has $100,000 per person/$300,000 per incident liability coverage, which these days is adequate at best. But he decides to skimp on his UM, and elects for $25,000 per person/$50,000 per incident UM coverage. Years go by and John one day has a head-on collision caused by the approaching car veering into his lane improperly. John and his wife sustain life-threatening injuries and have to be transported to Vanderbilt's Trauma Center via Life-Flight Helicopter, which costs approximately $25,000-$35,000 per person.
Unfortunately for John, the at-fault driver allowed his insurance policy to lapse. John must now rely on his UM coverage, but only has $50,000 of UM coverage for his wife and himself. The Life-Flight bill alone has devoured this entire $50,000. It takes John and his wife four weeks in the trauma center to recover, now they face six-figure hospital bills, for which there's no remaining insurance to cover.
Sure, John can sue the at-fault driver, but that driver likely won't have any assets because his house is mortgaged and car is financed. You must have something of value that doesn't have any loan/lien/mortgage against it in order "connect" it, or execute it upon a judgment. Sure you can sue the guy, but at the end of the day you have a worthless judgment if you can't execute on it.
I cannot tell you how many John Smiths I talk to on a weekly basis. I cannot begin to describe the heart-ache of lost jobs, homes, and utter financial ruin that I hear all the time. You can literally hear the regret in their voice from having purchased "cheaper" insurance.
Check your UM coverage and make sure it's enough to adequately cover YOU AND YOUR FAMILY! I personally recommend at least $100,000 per person/$300,000 per incident. UM coverage is relatively cheap and in the unfortunate event another driver causes an accident in which you are involved and doesn't have insurance, you are covered.
Finally, by TN law your insurance company cannot increase your insurance premium if you end up filing a UM claim. There is literally no downside to having a lot of UM coverage.
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