A Different Image

August 19, 2009

OK, this won’t be a long or particularly thoughtful post, but I’ve just gotten home after a 2-day business trip, and I have exactly 11 minutes to get something posted in order to remain on Blawger Island.

One of the benefits to my job (planning/overseeing continuing education seminars for lawyers) is that I get to work with some extremely talented people. All are good lawyers – the adage that “those who can’t, teach” doesn’t apply in my business. However, not all of them are much fun to be around – some wear their talent on their sleeve, with egos as big as their reputations. Often, though, they are the most warm and interesting people you could imagine. Such was the case with the speaker I’ve been working with over the past couple of days.

Oh, that the public’s image of lawyers was based on people like this….


Pitbull in a Frame

August 11, 2009

I practiced law for eight years, and I was pretty good at it, if I do say so myself. I’ve recounted the first couple of years in a trio of posts unimaginatively entitled Law Practice Part I, and II, and III. The bulk of my time in practice, however, was spent in the as-yet-unwritten Part IV. This post is not Part IV, but a post by The Nutmeg Lawyer reminded me of those years – and one of the reasons why I left practice.

I was becoming a jackass. Read The Nutmeg Lawyer’s post for the gory details. I don’t think that I quite reached the point of alienating those in my professional life – although I know that I did suffer some by way of guilt by association due to working with one of the partners in my firm. I did, however, have a difficult time in turning off the hyper-aggressive litigator persona when I got home. And that, my friends, is not a recipe for either marital or paternal success.

When did it finally dawn on me? The day that the aforesaid partner left my office in a red-faced rage after excoriating me for not being aggressive enough with opposing counsel, and rather than giving him my 2 weeks notice, I found myself considering the idea of putting a framed picture of a pitbull on my desk as a motivational tool. Yikes.

True to my lawyerly instincts, I’ll include a caveat. It doesn’t have to happen – one can certainly be effective as a lawyer, and as a litigator, without being a jerk. I like lawyers. I work with lawyers. I’m married to a lawyer. But, it can happen.

Choose your mentor wisely.


Blawger Survivor

August 10, 2009

Anyone who follows my blog (all 3 of you) knows that I’ve been in a bit of a dry spell lately. In fact, I haven’t written anything substantial since May.

Enter Blawger Survivor. This is a blogging contest spearheaded by Sean Carter, who is a self-styled “Humorist at Law” and all-around nice guy. I’ll be trying to outlast Sean and 16 other “blawgers” (lawyers who blog) in posting a blog entry per day for the next 3 weeks. For those of you who post every day (including Jennifer, who was 365 for 365 last year), this may not seem like a big deal. But, given my paltry output of late, it would be a vast improvement.

We’ll see how it goes.

One down.


Law Practice Part III – A Foot in the Door

September 2, 2007

All I needed was a foot in the door. 

I sent a cover letter and resume to every law firm in town that maintained a litigation practice, and came up empty.  Even before it started winning its spate of #1 City/Best Place to Live awards*, Charlottesville was a very popular place to be.  That fact, together with the presence of U.Va’s law school, has long made Charlottesville a buyers’ market for law firms looking to hire associates.  For a certain would-be young associate who had not gone to U.Va, and whose law school GPA reflected the fact that he had spent more time courting his future wife than he had studying in the library, prospects were starting to look a bit bleak.

So, for the first of what would turn out to be many times during the course of my legal career, I called on a family friend from church, who also happened to be one of the most highly respected attorneys in the state.  I was not asking him for a job; I knew from prior discussions that his firm was not hiring.  What I sought was a sympathetic and knowledgable ear, and that is what I received.  He took me to lunch on the downtown mall, and after I had finished laying out my plight, he asked, “Have you tried Mr. ____’s office?”

I told him that I had not, but that I remembered the firm’s profile in the attorney directory that I had virtually memorized.  Tax.  Estate Planning.  Real Estate.  Bankruptcy.  Sorry, not interested – I wanted to be a trial lawyer.

“It’s probably not going to be the place where you want to spend your career, but his firm is sort of an institution in town, and a lot of folks start out there.  It’d give you a foot in the door, at least.” 

A foot in the door.  What was that old saying about beggars and choosers?  I got a cover letter and resume in the mail that afternoon.

I arrived for my interview with Mr. ____ on a Saturday afternoon a week or so later, not knowing what to expect.  If I had known, I’m not sure I would have gone.  The firm’s office, as with many in Charlottesville’s Court Square area, was in a 19th-century building that had originally been a house.  Unlike most of the neighboring offices, this building had not had much in the way of upkeep since it was first built.  There were spots where mortar was falling out from between crumbling bricks, and the white trim on the windows was peeling.  This turn-of-the-century building didn’t look historic – it just looked old.

I went inside, and there was Mr. ____**, sitting at one of the secretaries’ desks.  His white hair and lined face made me wonder if he had been around for as long as the building itself.  With some effort, he stood up to greet me.  Despite his age and apparent weariness, I noted a twinkle in his eye as we shook hands, and I followed him down the hallway to his office. 

Every horizontal surface - desk, filing cabinets, credenza, tables, floor, and several chairs – was covered in stacks of paper, some measuring a foot high.  Some papers were client files in manila folders, but others appeared to be loose, random documents.  It appeared to be chaos, but I would soon learn that Mr. ____ knew where everything was.***    

Our meeting was more a conversation than an interview.  He never actually offered me a job, but it was clear from the outset that I had one if I wanted it.  A few days later, I called to confirm that I would like to join his office, and gave him a suggested start date.  “That would be satisfactory,” he replied, and with that I was once again employed.

I was one of nine associates in the firm – Mr. ____ had no partners.  Two others were, like me, only a year or so out of law school.  A few more had a bit more experience, and the others seemed to have settled into life at Mr. ____’s office as a career.  I was the only putative litigator in the bunch.  The rest were focused on the firm’s specialty areas of bankruptcy, tax, estate planning, and real estate.  Given the dearth of litigation work in the office, and my year of experience working for a bankruptcy trustee in North Carolina, I quickly gravitated toward bankruptcy work.  While not the trial practice to which I aspired, bankruptcy work did at least have a courtroom aspect.  And, as I reminded myself on a frequent if not daily basis, it was a foot in the door.

Truthfully, my time with Mr. ____ was a good experience, despite his idiosyncrasies, the decrepit building, and the low pay.  Mr. _____’s idiosyncrasies were mitigated by his remarkable intelligence and his giving nature.  Even at his advanced age, he reveled in matching wits with his opponent, be it the government in a tax matter, or opposing counsel in a bankruptcy case.  He was a mild-mannered man, but he did not like to lose. 

Mr. ____’s giving nature was apparent in the legion of Charlottesville attorneys who had passed through his offices.  His informal attorney alumni association, doubtless numbering a hundred or more after 50+ years of practice, boasted judges, politicians, and many of the most high-powered lawyers in town.  He prided himself in having fostered this talent.  I, like most of the rest, was and remain grateful for the opportunity that he provided. 

The decrepit building did take some getting used to.  I remember suggesting during a firm meeting one morning that we might organize a painting day to put a fresh coat on the scuffed and dirty interior walls.  Note that I wasn’t suggesting that he hire a painter to do the job, I was suggesting that we do it ourselves.  I couldn’t tell whether he was amused or annoyed at the prospect, but the idea died on the vine.  After a while I came to realize that most of Mr. ______’s client base fell into one of two categories.  Many of them were wealthy clients who had been with him for so long that they had become inured to the shabby surroundings, while many of the rest were bankruptcy clients on the brink of financial collapse, in which case the state of their lawyer’s office was not high on their worry list. 

The low pay was the most difficult aspect of my time with Mr. ____.   I believe that he found billing clients to be the most distasteful aspect of practice.  As a result, he did not do so on a regular basis, and when he did, the rates and hours reflected on the bills were considerably lower than they should have been.  That’s all well and good, but in order for the accounts payable part of any business to function, things need to be working on the accounts receivable end.  If you don’t bill clients, then you don’t have money to pay your staff.  So, my fellow associates and I would find ourselves comparing notes on the 1st and 15th of every month – “did you get paid today?”  Often the answer was “no”, or “only a partial”.  More than once on the 2nd, 3rd, 16th or 17th day of the month, I found myself in the rather surreal position of standing in the threshhold of Mr. ____’s office door, clearing my throat, and asking when I could expect my check.  I would typically couch the request in terms of my rent or a student loan payment being due, and it would inevitably prompt an embarrassed apology and a check being cut before the day was out.          

So why did I stay?  Again, it was a foot in the door.  I was living out my goal of practicing law in Charlottesville, albeit not exactly in the way that I had envisioned.  And, I was getting significant experience.  I think Mr. _____ got a kick out of my youthful enthusiasm, and he gave me a tremendous amount of latitude and responsibility.  He made it clear from our first conversation that he was not interested in establishing a litigation practice, but he also made sure that any bankruptcy or other matter that had a hint or prospect of litigation was funneled to me.   

So, I kept slogging along.  All the while, though, I was looking for my way out, and into a litigation (and regularly paying) firm.  I began to see a light at the end of the tunnel when a litigator in another firm sponsored me for membership in the local Inn of Court, a professional organization devoted to the trial bar.  As I met and networked with local litigators I was unapologetic about my association with Mr. ____’s firm, as I had come to appreciate his talents as a lawyer, and I realized as well how many local attorneys had paid their dues with a stint in his office.  Still, I made no bones about my desire to be a trial lawyer.  And, almost a year to the day after starting with Mr. ____, I was to get that chance.                     

Be careful what you wish for.

Previous: Part II

Stay tuned for Part IV.

*One of the worst things that can happen to a city, but that’s a topic for a future post.

**To this day, I have never heard anyone other than his wife refer to Mr. _____ by his first name.

***One of the many stories about Mr. ____ recounts the time when a well-meaning young associate took advantage of one of his rare absences to clean and organize his office.  When Mr. ____ got back into town and saw that his teetering piles of paper had been culled through, systematized, and filed away, he was livid.  He couldn’t find anything. 


Law Practice Part II – Making the Move

August 27, 2007

As I approached the 1-year anniversary of my initial foray into the practice of law, it was becoming increasingly clear to me that I needed a change of venue.  It wasn’t really a reflection on my boss.  While I had hoped to receive more from him in the way of guidance and inspiration, we got along well and I respected his abilities.  I was also quite grateful to him for the opportunity with which he had provided me.

It really boiled down to the fact that I wanted to be in Charlottesville.  They call it “The Hook” for a reason.

My bride didn’t need much convincing.  She was wrapping up her second year of a judicial clerkship and was ambivalent about practicing law, so we weren’t tied to North Carolina.  I did want to continue practicing, however, so I had two hurdles to clear in order to make the Charlottesville move a reality – pass the Virginia bar exam, and find a job.

There are many ways to spend three months of one’s life that are more enjoyable than studying for the bar exam, but if you want to be a lawyer, there’s just no way around it.  The experience is certainly not something that you want to undergo more than once if you can help it.  However, I had several years left to practice in North Carolina before I would be eligible for admission to the Virginia bar by reciprocity, so I needed to take the test.

As is turned out, I actually found Virginia’s exam to be less of an ordeal than North Carolina’s.   I don’t think the Virginia exam was any easier – actually, it was probably more difficult, especially for someone like me coming in from out of state.  Virginia jurisprudence tends to keep one foot firmly planted in the 18th century, and if you didn’t go to law school in the Old Dominion, it’s quite a chore to learn the arcane terminology and procedure.  Even so, the experience of having passed one state’s exam and practiced law for a year gave me a level of confidence that I didn’t have when I was taking the North Carolina exam.  That, and the fact that I was studying on my own and without the distractions and temptations offered by my law school classmates, pulled me through and a few months later I had another fancy piece of parchment to put on my wall.

Making the move to Charlottesville was a real leap of faith, because I gave my notice in North Carolina before I had lined up a job in Virginia.  Fifteen years, four kids and a mortgage later, this seems like a terribly irresponsible if not downright foolish thing to have done.  However, it worked out.  Perhaps there’s a lesson there.

Previous: Part I

Next: Part III


Why is it OK?

July 6, 2007

A headline on our local news yesterday was a report that the police broke up a house party and charged 25 people with Underage Possession of Alcohol. Fifteen of those charged were adults over the age of 18 but under the legal drinking age of 21. Commenting on the bust, our local prosecutor explained that “[t]he lesson here is it is illegal for children to drink. The lesson is the one that I don’t want them to ever have to learn is going to the funeral of one of their friends; that’s the lesson I don’t want them to learn.”

Speaking of funerals, a review of U.S. casualties in Iraq as of July 4, 2007 reflects the following:

A 20 year old from Charlottesville, Virginia died as result of enemy action in Anbar province, Iraq.

A 19 year old from Grottoes, Virginia was killed by small-arms fire during combat operations against enemy forces in Ar Rutbah, Iraq.

A 20 year old from Coeburn, Virginia was killed by a non-combat weapon discharge in Kuwait.

A 19 year old from Falls Church, Virginia died as a result of hostile action in Anbar province, Iraq.

A 19 year old from Richmond, Virginia died of wounds sustained when his dismounted patrol came under enemy small arms fire during combat operations in Hit, Iraq.

A 19 year old from Hampton, Virginia died of wounds suffered when his mounted patrol came in contact with enemy forces using small-arms fire and a roadside bomb in Baghdad, Iraq.

An 18 year old from Richmond, Virginia was killed when her military vehicle hit a roadside bomb as it was returning to Camp Eagle in Baghdad, Iraq.

A 20 year old from Fairfax Station, Virginia died of injuries sustained during combat operations in Anbar province, Iraq.

A 20 year old from Alexandria, Virginia died from injuries received as result of enemy action in Anbar province, Iraq.

A 20 year old from Chesterfield, Virginia died of wounds received as result of enemy action in Anbar province, Iraq.

A 20 year old from King George, Virginia was killed when a suicide bomber detonated an explosive inside the mess hall at Camp Marez in Mosul, Iraq.

A 20 year old from Woodbridge, Virginia died as the result of enemy action in Anbar province, Iraq.

A 19 year old from Crimora, Virginia died while conducting combat operations in Anbar province, Iraq.

A 20 year old from Winchester, Virginia died of wounds received in action in central Iraq.

A 19 year old from Stuarts Draft, Virginia died as a result of hostile action in Babil Province, Iraq.

A 20 year old from Stafford, Virginia was killed when a suicide bomber detonated an explosive inside the mess hall at Camp Marez in Mosul, Iraq.

A 20 year old from Lynchburg, Virginia died of non-combat related injuries in Muqdadiya, Iraq.

An 18 year old from Manassas, Virginia was killed during combat operations in Anbar province, Iraq.

Why is it OK for 18, 19 and 20-year old Virginians to fight and die for their country, but illegal for them to have a beer?


Justice For Some

June 7, 2007

Let me apologize in advance for mentioning  Paris Hilton in this blog. I have never done so before and cannot imagine a circumstance that would compel me to do so in the future.

That said, I cannot let her release from jail just a few days into her (already reduced) 23-day sentence go by without comment. For the sake of argument, I’m willing to assume that she had a compelling case for being released to home confinement. However, it would strain credulity to suggest that she was the only inmate in the Century Regional Detention Center with such a compelling case.  Therefore, the simple fact that she was released while there were others similarly situated but who were not released necessarily means that she was given special treatment.  And that is wrong.

Special treatment in our legal system is not the exclusive domain of the rich and famous, however.  I was only a couple of weeks into my law practice career when I saw first-hand how “equal justice under the law” can be more aspirational than actual.  Nervously clutching the file on my first speeding ticket case, I entered the courtroom and, as my boss had instructed, joined the line of of lawyers that was slowly making its way to the door in the front of the courtroom that led to the judge’s chambers.  While the judge and an Assistant District Attorney were handling first appearances in criminal cases, we in the lawyer line went through the door a few at a time and down a short hallway, past the judge’s chambers to a room where another Assistant District Attorney sat behind a table.  One by one, we approached the table, identified our client and the charge, and the A.D.A. announced the reduced charge that the state would offer in exchange for a guilty plea.  There were no surprises here – we all knew what the standard reduced charge was for each offense.  

After receiving the A.D.A.’s pronouncement as to the agreed-upon disposition of my client’s charge, I followed the lead of the lawyer ahead of me, gave a perfunctory “thanks” to the A.D.A., and made my way back out to the courtroom.  I found my client, advised her that the plea bargain was a done deal, and waited with her until her case was called.  When the case was eventually called, the A.D.A. advised the judge of the reduced charge, my client pled guilty, and that was that.  I had successfully steered my first case through the system.

I have no problem with plea bargains.  Those who glibly suggest that there should be no plea bargains and that every case should be tried fail to appreciate the sheer volume of cases that pass through the system each day.  But can anyone who wants a plea bargain get a plea bargain?  At least in that courtroom 17 years ago, the answer was no – not unless you hired a lawyer.  My client was able to plead to a reduced charge because she had spent a couple hundred bucks and hired me.  As much as I’d like to say that it was my sterling advocacy that had gotten her the deal, it was nothing of the kind.  I had simply stood in line like a lemming in a wool suit and wingtips, the A.D.A. had noted that my client was one of those who had paid the entrance fee into the land of the represented, and the deal was done. 

Was justice done?  No, I don’t think so.  When I walked back into the courtroom to find my client, I felt like I was an accomplice in helping her get away with something.  Not because I felt badly about the result, but because I felt badly that for those defendants who were sitting in the courtroom without counsel, a plea bargain had not been an option.  They had not bought, and in many cases could have afforded to buy, a ticket to the land of negotiated justice.

And that, as with the case of Paris Hilton, was justice for some – but not for all.


The Real Deal

March 30, 2007

Jennifer and I received a call tonight from the wife of a law school professor, letting us know that he had passed away earlier this week.  She spoke of his affection for us and said that since we had kept in contact (Christmas cards and the occasional email) over the years, she wanted to give us the news personally.  That was quite a gift.   

And Tom was quite a man.

He was anything but the typical law school professor, though.    

He was unpolished, for one thing.  He was wrinkled and rumpled, often looking as if he had slept in his clothes.  He was a bit loud, a bit uncouth, and more than a bit impatient with the pretentiousness that infects many a law student.  As a result, he offended as many as he attracted.        

He no longer smoked or drank, but this was on doctor’s orders and was not a matter of choice.  He hinted that he had done enough of both in the past to last a lifetime, and his body showed the effects.  I’m sure his doctors stayed on him about his diet as well – he downed soft drinks like they were water, usually going through a couple of them during the space of a given class.  And he loved to eat, as long as the food was “down home” and the servings were plentiful.  He knew every cheap diner and barbeque joint around.      

Several memories about Tom stand out, but the one that I keep coming back to is the 5K race that the law school sponsored each spring (“Race Judicata” - lawyers and Latin scholars will get the pun).  The finish line was in the law school’s parking lot, and as a fellow IL and I crossed the finish, Tom approached us and proffered a brown paper bag.  We took the bag, looked inside, and saw that it contained a six-pack of Budweiser.  It was the first beer that Tom had bought in a long time, I think, and as my friend and I popped the tops and savored the brew, Tom was clearly enjoying it vicariously with us.  I’m sure he had no idea how meaningful that gesture was.  This was our first year of law school and there were some professors who wouldn’t even deign to nod at us as we passed by them in the hallway.  Tom, though, was validating us as fellow human beings – and as the friends that we would ulimately become.

In some ways, Tom might have seemed to be a walking contradiction.  A more apt description would be multi-dimensional.  Tom showed me that it was perfectly acceptable to be able to find satisfaction in both a tightly drafted statute and in outlaw country music.  Tom was one of the most authentic people I have known – what you saw was what you got. It just depended on which side of him you happened to be looking for. 


Seeing Something Doesn’t Make It So

March 6, 2007

Check out this powerful post about the fallability of eyewitness testimony.  It may well change the way you think.  And that is probably a good thing. 

 Thanks to Bookofjoe for sharing something that trial lawyers know, and juries need to learn.


Thanks for the Reminder

February 27, 2007

Here’s a link to an insightful article about the prevalence of depression in the legal profession. Some points to ponder from the studies cited in the article:

  • Of 28 occupations studied, lawyers were the most likely to suffer depression, and were more than 3.6 times more likely than average to do so.
  • A quality-of-life survey by the North Carolina Bar Association in 1991 revealed that almost 26% of respondents exhibited symptoms of clinical depression, and almost 12% said they contemplated suicide at least once a month.
  • Male lawyers are twice as likely as the general population to commit suicide.
  • In all graduate-school programs in all professional fields except one, optimists outperform pessimists. The one exception: law school.

Every now and then, I toy with the idea of returning to practice.  This article reminds me why I left it in the first place.