One of the things I like most about sports is how a game changes over time; how different a game is now, than even 5 years ago. (Another thing I like is how they stay remarkably the same- for example, as many juicers as there were jacking pop flies out of shrunken ball parks during the Steroid Era, baseball still has only three hitters who've ever hit 700 home runs.) But this post is about change. You watch a football game and see a free safety drill a receiver over the middle that the QB hung out to dry. Ten years ago, it would've gotten the safety on that week's installment of Jacked UP; now, that very same play gets him a week's worth of unpaid vacation, and an unsolicited and involuntary paycheck donation to the NFL. Some changes are good; some not so good. Usually, though, the not so good changes are eventually addressed.
One thing I noticed watching Sunday's Royals game- and it's something that's been around the game for a while, but it's really starting to emerge these last few years- is what I'd like to call the Rise of the Celebrity Umpire. These guys go out of their way to attract attention to themselves in a game. Baseball isn't the only sport. I think Ed Hochuli takes much pride in his workout routine, and goes out of his way to let everyone know what a great lawyer he is with his long winded explanations. I think Mike Carey and Ed Hightower like pointing....a lot. But these actions only draw attention when attention is already on these referees. It's not like Hochuli intentionally calls a holding penalty to get air time- he just relishes the time he already gets. And his explanations are often helpful to fans not familiar with the game, or even for NFL die hards, a lot of plays have nuances to them that they may not understand. Whether it's a block or a charge, you have to call something, so I really don't care what Hightower does when he's making the call so long as he gets it right. With Hightower, even though he makes a lot of mistakes, coaches and players have praised him, not only for his consistency, but also his demeanor. Particularly, he's been very informative to players who are still learning the game- and the college game is still an instructional level, for most players. I'm okay with making the most of attention you already have. What I'm seeing too often in baseball is a different problem.
These guys go out of their way to get attention. 30,000 people paid good money to see the Royals and Cardinals- two of the best 30 baseball clubs in the world- play a competitive game. They paid to see a future Hall of Famer in Albert Pujols. They paid to see All Star Joakim Soria. The paid to see Rookie of the Year candidate Eric Hosmer. They paid to watch Tony LaRussa manage a game. Instead what they got to watch, was Joe West's crew umpiring a baseball game.
Angel Campos is God awful. Maybe he's a great guy-I don't know him personally, so I don't intend this to be a personal attack, but his umpiring leaves some things to desire. He missed an obvious balk in Saturday's game (once a pitcher comes set, he has to break, if he wants to throw over; he can't make a snap throw, even if he steps to the base). He called an inconsistent strike zone all day Sunday (I don't care if you have a small zone; the pitchers can adjust to this; Tim McClelland has a small zone, and pitchers like him just fine; what gives pitchers fits is when an umpire will call two pitches in the same spot different things, especially when it's the same pitch in the same spot.) for both teams (hence the high scoring). He refused to ask for help on a bunt attempt that he didn't see. Finally, he ejected Matt Treanor when he had absolutely no business doing so.
Conversation with the catcher over balls and strikes is part of the game- especially in the bigs. Every game has its unwritten rules (called etiquette). In golf, for example, the player with the lowest score on the last hole has the honor of teeing first; the player whose ball is furthest from the cup goes ahead of those closer to the pin; if one player has a long putt, and you have a tap, go ahead and hole out to get off the green; don't walk across a player's putting line. In basketball, if the other team isn't fouling you when you have a late lead, milk the shot clock. In soccer, if a player from the other team is injured and you have the ball and there's no advantage, play the ball out; then, if you're the other team, on your throw in, throw it back to the other team's goalie (this is nowhere in the rule books, but I've seen people get carded for not doing it). In football, you don't pass when you're up late and leading by two possessions; don't try and "steal" the other team's audibles.
Baseball is no exception. You don't steal when you're ahead big after the 5th inning. You don't bunt to break up a no hitter (I've never understood this rule), or when you have a big lead. If you're the batter, you don't peek back at the catcher. Last, when you're the catcher, and you're having the game long conversation with the umpire over balls and strikes, you don't turn around. The flip side of this rule, is that, if you're the umpire, you don't get in the catcher's face. When you're had enough, dust off home plate- this lets the catcher know the conversation is finished. If the catcher proceeds, squeeze the zone, but do not, under any circumstance, "show the catcher up"; he's not showing you up, and you owe it to him to reciprocate.
Sunday was the second game I've seen recently (the other was umpire Mike Eastabrook last year with Jason Kendall) where an umpire either didn't know one of the most fundamental rules of the game- one that anyone who's watched major league baseball for any considerable amount of time knows- or he just blatantly disregarded it. I understand both were minor league umpires, and that things are different there; that umpires have more control over the games. However, this is the big leagues. And it's very difficult for me to believe Angel Campos didn't know this rule- I know it, and I've never played baseball. What's more likely is that he's the latest in a breed of hot shot umps who not only want to control the game, they want to be it, as well. They won't take any flack from anybody, and the first time anyone disagrees, they run that person from the game.
I understand that the game of baseball is full of players who, quite frankly, are jerks. The temptation, as an umpire, is to fire back. The problem is, this isn't the umpires' job. You see NFL games all the time where a player is dissatisfied with a call, and makes a public display- occasionally, he'll even get flagged. You know what you don't see? The referee getting back up into that players face and shouting back. Even in basketball, the ref might T the guy up, or maybe even eject him, but he doesn't argue back. And that's exactly what you're seeing in baseball. In fact, what you're seeing more and more of, are umpires who INITIATE disputes.
What Eastabrook did to Kendall was completely out of line. And the Royals aren't the only team it's happened to. Tampa Bay, the Chi Sox, the BoSox, and the Diamondbacks have had similar run ins with maverick umpires. As a lawyer, the first day of Trial Advocacy class (AKA How To Try a Case 101), within the first 5 minutes, our instructor advised us that in a court room there are 3 areas of sanctity- 3 areas that you, as an attorney, need permission to go into: the witness box, the jury box, and the bench (hence "Permission to approach."). In baseball, the catcher's box is a lot like that. That's his space, and the umps really have no business there. If you're an ump and you get into a catcher's face, what do you think he's going to do? What do you think his manager is going to do? If you get in a catcher's face, you're arbitrarily deciding to scratch him from the line up. He's going to get ejected, because you're baiting him. As an umpire, your job is to see the game and call what you see. When you do what Campos did, you're affecting the game, and you're doing so on your own accord. It'd be like Ed Hochuli getting into Peyton Manning's huddle to reprimand him.
Jim Joyce, last year, had a famously awful blown call, costing Armando Galarraga a perfect game. In 1985, Don Denkinger, arguably cost the Cardinals a World Series. Both were- and still are- highly respected umpires. The reason is that each of them acknowledged his mistake. And neither became too emotional when the other team called him out (Denkinger showed much more patience with Whitey Herzog than Campos did with Treanor). Sports are highly emotional games. Players and coaches get very high strung. A lot of money and pride are at stake. Umpires and referees are supposed to be voices of sanity and objectivity. When umpires do what Campos did Sunday, they're neither.
Tuesday, May 24, 2011
Monday, May 23, 2011
Green Light Go! Red Light Stop! Yellow Light Floor It!
I get a lot of questions about those red light camera tickets. They're easy to fight, and the Court will often help you out when you show up to fight them. I don't really consider this post to be costing me too much business because:
1. After I explain everything, I still get a lot of "Well, I think I understand you, but why don't you just go ahead and take care of it anyway- just to make sure."; and
2. "I could do this, but I really don't have an hour to waste, so, if you don't mind, can I just give you $75.00 to do this for me?"
So, anyway, here is what you should know about those tickets:
1. They usually are NOT moving violations (a lot of tickets have this printed on them, and if you ask the Court, they must tell you), so even if you fight and lose, or just pay the ticket, it won't go on your record, and you won't have any points on your insurance.
2. Most jurisdictions will make you fight them, and won't just give the case away because you raise a winning argument- at least not immediately. They'll usually make you set a trial date, if for no other reason than to inconvenience you. Just know this.
3. Without the video evidence, they lose. Furthermore, the video evidence is, arguably (you'll usually win this), inadmissible for want of foundation. Specifically, because the officer doesn't watch the camera the entire time he's operating it, the video would only be admissible with respect to the officer's general familiarity with the intersection, and not his specific familiarity with the intersection at that exact date and time. So you need to move, in limine (before trial), to suppress this evidence.
4. Even if the motion to suppress should fail, there is no proof of ownership or title. You don't have to admit that you own the vehicle. In fact, you can plead the Fifth- you don't have to say anything. So don't. How in the world can they prove title and ownership without you admitting the same? They can't.
5. Supposing 3 and 4 fail, there is still one other defense you'll have. They can't prove you were driving the vehicle. So, if title, for whatever reason, can be established, then you'll need to testify to the Court that other people drive your car, and, if applicable, other people are listed as owners (you can always attest to ownership of your property). This should succeed. But, even if you do lose, remember that you have nothing to lose (except money) by fighting, because it's not a moving violation.
So, there you go. Good luck!!!!
1. After I explain everything, I still get a lot of "Well, I think I understand you, but why don't you just go ahead and take care of it anyway- just to make sure."; and
2. "I could do this, but I really don't have an hour to waste, so, if you don't mind, can I just give you $75.00 to do this for me?"
So, anyway, here is what you should know about those tickets:
1. They usually are NOT moving violations (a lot of tickets have this printed on them, and if you ask the Court, they must tell you), so even if you fight and lose, or just pay the ticket, it won't go on your record, and you won't have any points on your insurance.
2. Most jurisdictions will make you fight them, and won't just give the case away because you raise a winning argument- at least not immediately. They'll usually make you set a trial date, if for no other reason than to inconvenience you. Just know this.
3. Without the video evidence, they lose. Furthermore, the video evidence is, arguably (you'll usually win this), inadmissible for want of foundation. Specifically, because the officer doesn't watch the camera the entire time he's operating it, the video would only be admissible with respect to the officer's general familiarity with the intersection, and not his specific familiarity with the intersection at that exact date and time. So you need to move, in limine (before trial), to suppress this evidence.
4. Even if the motion to suppress should fail, there is no proof of ownership or title. You don't have to admit that you own the vehicle. In fact, you can plead the Fifth- you don't have to say anything. So don't. How in the world can they prove title and ownership without you admitting the same? They can't.
5. Supposing 3 and 4 fail, there is still one other defense you'll have. They can't prove you were driving the vehicle. So, if title, for whatever reason, can be established, then you'll need to testify to the Court that other people drive your car, and, if applicable, other people are listed as owners (you can always attest to ownership of your property). This should succeed. But, even if you do lose, remember that you have nothing to lose (except money) by fighting, because it's not a moving violation.
So, there you go. Good luck!!!!
Thursday, May 19, 2011
The Silver Lining
Three years ago, I graduated law school. Hard to believe time has so quickly passed. I don't think anyone could've imagined, back then, the depth of the recession we'd endure. One of the most frustrating things I've experienced in my short tenure practicing law, has been watching people a few years ahead of me. People who got out at any time between about 1994 and 2001, literally, have lived a charmed life. Lower debt, higher pay, bigger firms. People graduating from 2002 to about 2004 had jobs, and so long as they worked hard, were fine. '05 and '06 classes were kind of touch and go. Students who graduated top third or so in their class were fine, the middle third had good jobs but they weren't great, and those at the bottom still got by. The class of '07 had decent jobs, and many have since lost them and been forced to start over. '08 had grads who were paid to not work. The classes of '09 and '10 have members who graduated top 5- not top 5%, but top 5 people- who are working at legal aid clinics.
In short, in terms of job prospects, there could not be a worse time to have less than 5 years of experience practicing law. Worse still, is the fact that many of the jobs that would've gone to recent grads are being filled by people with the 3-5 years experience. Here are some bullet points I'd throw out there, were I to give a commencement address to a group of 2011 JD matriculants:
1. Time is on your side. Most of you are in your mid to late twenties. The vast majority are under 35. In short, no matter how little you're making, no matter how mountainous your debt, the single biggest asset you have at your disposal is time. Union workers make a killing- and burn out at 50. Even people with business degrees making big bucks now will either burn out or top out at about age 55 or so. It'll suck, watching some of your contemporaries with no debt getting a $65,000 a year job with full benefits- that's great money when you're 22. Thing is, a lot of those careers hit plateaus. The CEOs and CFOs are the lucky few. The vast majority, though, will reach a point where they're as expendable as they are employable. Honestly, these are the people struggling most right now- they're age 45-60, and formerly were making anywhere from $50,000 to about $225k- and now they're stuck. They're looking for jobs like the ones they had- some will look the rest of their lives. The reason for this is that, for the most part, those jobs are high threshhold, low ceiling. Law practice is the opposite. Those of you who are 25 today can embark on a 50 year career. There are lawyers who make $100k a year in a shabby office, working 4 days a week, and are 70 or even 80 years old. You can do this forever. Simply put, I know a lot of lawyers who took a pay cut during the Recession; what I've yet to meet is an attorney who's been practicing 20 years, and who is also a pauper- or even struggling to make ends meet. Pay your dues, and play the long game.
2. Trade money for experience. Sometimes a fertile job market isn't such a blessing. Forgive me for sounding like the sour grape fox, but jumping rungs on the corporate ladder to the tune of 3 or 4 jobs in your first 5 years because they pay well is another thing that's great when you're 30, and maybe not so great when you're 45. The problem is that you don't stick around a job long enough to get good at it. Whether it's something as simple as a divorce, or something as complex as a Federal mesothelioma class action, the attorneys who make the most money are the ones who are the best in their fields. The way you get to be the best in your field is by starting with the easiest of the easy cases, and practicing- over and over and over again. All of a sudden, you're not just doing a simple divorce with a couple who've beeen married 4 years with no property; instead, it's a 25 year marriage, with 3 kids, a house, a boat, and half a million in pension. All of a sudden, it's not a simple DUI first with diversion, it's a DUI manslaughter. The line between a $1,000 case and a $10,000 case; a $10,000 case and a $100,000 case; a $100,000 case and a $1,000,000 case is very fine. The way you negotiate that line is experience.
3. Stay away from things like legal clinics and public defense- unless it's really an area of interest. It's fine to work there for a little while, but unless that's something you're really interested in, it's no place to make a career. Sure, you'll get big time felony experience in public defense; but as soon as you get that experience, take it to a firm. The reason I say this, is that, in order for you to get good- and this is something I'll talk about a little more later, you need to be around people who are good. If you want to be the best, you need to learn from the best, and the best of the best attorneys work in firms- either solo or collective. You'll get to a point- and you'll reach that point fairly quickly, where it'll be more beneficial to you, experience wise, to be around big time attorneys than it will for you to be trying big time cases with society's dead beats. There isn't much difference between trying 100 and 150 jury trials. An attorney who's accomplished either can try a case in his sleep. But there is no substitute for, and you can never spend too much time being around guys who are the Michael Jordans of their professions.
4. Speaking of Michael Jordan. Find the best lawyers in your field. Befriend them. Study them. Work with them, if at all possible. They weren't born big shots. And they didn't become big shots by being connected- although many are connected. They got there by perfecting a process. And they perfected that process by doing something- over and over and over again. And learning from their mistakes. Be the best. Watch the best. Learn from the best. Remember, you have time on your side. Those of you who are 25, think about some of the best lawyers you know. Most are in their early 50s. That means two things. First, they've spent at least half of their lives doing what they're doing to get where they are. Secondly, they've spent ALL OF YOUR LIFE doing what they're doing to get where they are. Some careers are fast track- you're in at 22, a stud at 30, and burned out at 45. Lawyers age like wine. Practice makes perfect. Practice with the best.
5. Don't limit yourself. What never ceases to amaze me is the sheepskin that so many attorneys of any age take for granted. Look at what you've got there. You all have doctorate degrees. By the way, as an aside, one of my biggest pet peeves is when people mix the English with the Latin. It's "Juris Doctor", or "Doctor" or "Doctorate of Law". It is NOT "Juris Doctorate". Saying "Juris Doctorate" is like saying "Veni, vidi, I conquered." If you want to say something in Latin, leave the whole phrase in Latin. If you want to say something in English, leave the whole phrase in English. Don't mix and match. Anyway, back to my point. You're all experts- in business, in taxation, in anything law related. Scary, I know, but true. You may lack practical nuance, but in terms of book smarts, you are experts. People will pay good money for your expertise. You can teach everything from business law to tax law to English and writing at just about any undergradute university. You can go into a career in business. You can practice any area of law. I'm so frustrated by atorneys who say, "I can't do this job. I'm a ______________ lawyer." Or, "That's not a lawyer job" (for a position that, eventually ends up being filled by a lawyer). There is so much you can do with your degree. Maximize your potential.
6. Along with not limiting yourself, don't pidgeonhole yourself, especially early on in your career. You want to make yourself a candidate for as many jobs as possible. No one is an expert anything at 30. Not in the law business. No one. The first few years of your career, and again, this goes back to my previous points about experience and time, you should spend getting breadth, not depth. The reason for this is that it'll allow you much more versatility later in your career. I have a good friend who, in seven years of insurance defense practice, has all but written the book on litigating bad faith. He just went out on his own. Mind you, he could probably lateral as a partner at any major firm, or get on in house with any major carrier. Suppose, though, that he for whatever reason, after doing a few DUIs and drug possession cases in his solo practice, he wanted to join a major firm's white collar crimes defense practice (by the way, I'm not trying to be critical of him; I don't think he'd ever want to do this; but he isn't everybody). Do you think he'd make a better job candidate than someone who's spent 7 years of practice doing everything from tax law to divorce to employment law, and who also has dozens of major felony defenses under his belt? Likely not. Why? Because the latter candidate need not even mention all the general stuff he did in his practice. He can simply state that he's defended dozens of felonies for 7 years, and has extensive trial experience. About the only job where the latter guy would lose out to my friend is one where an insurance defense expert is required. And even then, maybe not. The guy with a broad background will always have his foot in every door, and with a broad base of experience, can quickly add depth. A little experience goes an awful long way. Plant the seeds early in your career- you may not have the time to do so later. Later is the time for becoming the expert, and when you do, your repertoire will be that much more enhanced, by the breadth of your experience.
7. Meet as many people as you can, and stay in contact with them. This is the secret to networking. Wish you had connections so that you could get that plumb job? Yeah, it helps if your Daddy has friends in high places, but for everyone else, make your own connections. Look around. Your friends won't be low men on the totem pole forever. They'll climb the ladder. And if you stay in contact with them, and meet more people, and help your friends. Guess what? When they climb the ladder, they'll bring you with them! Then you won't need Daddy.
8. Get rid of your student loans, ASAP! This'll be hard to do, especially when you're young; especially when you're not making much; especially in a bum job market. But it's unsecured debt, that can't be discharged in bankruptcy. Resist the temptation to call it good debt. In fact, resist the whole good debt, bad debt connotation. There really is no such thing as good debt. Debt is a liability. It makes you someone else's slave, and that person your master. Resist the whole "Well, student debt is only 2%, and if I'm getting a __% return on my investments..." I get it; in time, your snowball will be bigger than the debt snowball.......IN THEORY. But we don't live in theory. We live in reality, and this line of thinking is exactly the line of thinking that created this recession we're in. Sooner or later, the marker comes due. And we have an entire generation of Americans, who right now, have had the marker called in- and can't pay the check. Get rid of the debt. ASAP!!!
9. Get in a court room!!! "But I'm a transactional lawyer...." Bull....If you never wanted to see the inside of a court room, why didn't you just get an MBA? It would've been much cheaper, and at least for now, you would've had better job prospects. You're completely wasting your degree if you fail to exercise, at least at some point, the power it confers. You don't have to do it forever, but how can you possibly understand what's going on in a legal dispute if you've never seen one, start to finish? Part of your expertise is offering a practical solution to a complex issue. How can you offer a practical solution if you haven't, you know, practiced? How can you be a realist about something if you can't comprehend the reality of a situation? Even if it's just a traffic ticket here or there, or covering someone's docket, and only for a few years at the start of your career, get in a court room!
In short, in terms of job prospects, there could not be a worse time to have less than 5 years of experience practicing law. Worse still, is the fact that many of the jobs that would've gone to recent grads are being filled by people with the 3-5 years experience. Here are some bullet points I'd throw out there, were I to give a commencement address to a group of 2011 JD matriculants:
1. Time is on your side. Most of you are in your mid to late twenties. The vast majority are under 35. In short, no matter how little you're making, no matter how mountainous your debt, the single biggest asset you have at your disposal is time. Union workers make a killing- and burn out at 50. Even people with business degrees making big bucks now will either burn out or top out at about age 55 or so. It'll suck, watching some of your contemporaries with no debt getting a $65,000 a year job with full benefits- that's great money when you're 22. Thing is, a lot of those careers hit plateaus. The CEOs and CFOs are the lucky few. The vast majority, though, will reach a point where they're as expendable as they are employable. Honestly, these are the people struggling most right now- they're age 45-60, and formerly were making anywhere from $50,000 to about $225k- and now they're stuck. They're looking for jobs like the ones they had- some will look the rest of their lives. The reason for this is that, for the most part, those jobs are high threshhold, low ceiling. Law practice is the opposite. Those of you who are 25 today can embark on a 50 year career. There are lawyers who make $100k a year in a shabby office, working 4 days a week, and are 70 or even 80 years old. You can do this forever. Simply put, I know a lot of lawyers who took a pay cut during the Recession; what I've yet to meet is an attorney who's been practicing 20 years, and who is also a pauper- or even struggling to make ends meet. Pay your dues, and play the long game.
2. Trade money for experience. Sometimes a fertile job market isn't such a blessing. Forgive me for sounding like the sour grape fox, but jumping rungs on the corporate ladder to the tune of 3 or 4 jobs in your first 5 years because they pay well is another thing that's great when you're 30, and maybe not so great when you're 45. The problem is that you don't stick around a job long enough to get good at it. Whether it's something as simple as a divorce, or something as complex as a Federal mesothelioma class action, the attorneys who make the most money are the ones who are the best in their fields. The way you get to be the best in your field is by starting with the easiest of the easy cases, and practicing- over and over and over again. All of a sudden, you're not just doing a simple divorce with a couple who've beeen married 4 years with no property; instead, it's a 25 year marriage, with 3 kids, a house, a boat, and half a million in pension. All of a sudden, it's not a simple DUI first with diversion, it's a DUI manslaughter. The line between a $1,000 case and a $10,000 case; a $10,000 case and a $100,000 case; a $100,000 case and a $1,000,000 case is very fine. The way you negotiate that line is experience.
3. Stay away from things like legal clinics and public defense- unless it's really an area of interest. It's fine to work there for a little while, but unless that's something you're really interested in, it's no place to make a career. Sure, you'll get big time felony experience in public defense; but as soon as you get that experience, take it to a firm. The reason I say this, is that, in order for you to get good- and this is something I'll talk about a little more later, you need to be around people who are good. If you want to be the best, you need to learn from the best, and the best of the best attorneys work in firms- either solo or collective. You'll get to a point- and you'll reach that point fairly quickly, where it'll be more beneficial to you, experience wise, to be around big time attorneys than it will for you to be trying big time cases with society's dead beats. There isn't much difference between trying 100 and 150 jury trials. An attorney who's accomplished either can try a case in his sleep. But there is no substitute for, and you can never spend too much time being around guys who are the Michael Jordans of their professions.
4. Speaking of Michael Jordan. Find the best lawyers in your field. Befriend them. Study them. Work with them, if at all possible. They weren't born big shots. And they didn't become big shots by being connected- although many are connected. They got there by perfecting a process. And they perfected that process by doing something- over and over and over again. And learning from their mistakes. Be the best. Watch the best. Learn from the best. Remember, you have time on your side. Those of you who are 25, think about some of the best lawyers you know. Most are in their early 50s. That means two things. First, they've spent at least half of their lives doing what they're doing to get where they are. Secondly, they've spent ALL OF YOUR LIFE doing what they're doing to get where they are. Some careers are fast track- you're in at 22, a stud at 30, and burned out at 45. Lawyers age like wine. Practice makes perfect. Practice with the best.
5. Don't limit yourself. What never ceases to amaze me is the sheepskin that so many attorneys of any age take for granted. Look at what you've got there. You all have doctorate degrees. By the way, as an aside, one of my biggest pet peeves is when people mix the English with the Latin. It's "Juris Doctor", or "Doctor" or "Doctorate of Law". It is NOT "Juris Doctorate". Saying "Juris Doctorate" is like saying "Veni, vidi, I conquered." If you want to say something in Latin, leave the whole phrase in Latin. If you want to say something in English, leave the whole phrase in English. Don't mix and match. Anyway, back to my point. You're all experts- in business, in taxation, in anything law related. Scary, I know, but true. You may lack practical nuance, but in terms of book smarts, you are experts. People will pay good money for your expertise. You can teach everything from business law to tax law to English and writing at just about any undergradute university. You can go into a career in business. You can practice any area of law. I'm so frustrated by atorneys who say, "I can't do this job. I'm a ______________ lawyer." Or, "That's not a lawyer job" (for a position that, eventually ends up being filled by a lawyer). There is so much you can do with your degree. Maximize your potential.
6. Along with not limiting yourself, don't pidgeonhole yourself, especially early on in your career. You want to make yourself a candidate for as many jobs as possible. No one is an expert anything at 30. Not in the law business. No one. The first few years of your career, and again, this goes back to my previous points about experience and time, you should spend getting breadth, not depth. The reason for this is that it'll allow you much more versatility later in your career. I have a good friend who, in seven years of insurance defense practice, has all but written the book on litigating bad faith. He just went out on his own. Mind you, he could probably lateral as a partner at any major firm, or get on in house with any major carrier. Suppose, though, that he for whatever reason, after doing a few DUIs and drug possession cases in his solo practice, he wanted to join a major firm's white collar crimes defense practice (by the way, I'm not trying to be critical of him; I don't think he'd ever want to do this; but he isn't everybody). Do you think he'd make a better job candidate than someone who's spent 7 years of practice doing everything from tax law to divorce to employment law, and who also has dozens of major felony defenses under his belt? Likely not. Why? Because the latter candidate need not even mention all the general stuff he did in his practice. He can simply state that he's defended dozens of felonies for 7 years, and has extensive trial experience. About the only job where the latter guy would lose out to my friend is one where an insurance defense expert is required. And even then, maybe not. The guy with a broad background will always have his foot in every door, and with a broad base of experience, can quickly add depth. A little experience goes an awful long way. Plant the seeds early in your career- you may not have the time to do so later. Later is the time for becoming the expert, and when you do, your repertoire will be that much more enhanced, by the breadth of your experience.
7. Meet as many people as you can, and stay in contact with them. This is the secret to networking. Wish you had connections so that you could get that plumb job? Yeah, it helps if your Daddy has friends in high places, but for everyone else, make your own connections. Look around. Your friends won't be low men on the totem pole forever. They'll climb the ladder. And if you stay in contact with them, and meet more people, and help your friends. Guess what? When they climb the ladder, they'll bring you with them! Then you won't need Daddy.
8. Get rid of your student loans, ASAP! This'll be hard to do, especially when you're young; especially when you're not making much; especially in a bum job market. But it's unsecured debt, that can't be discharged in bankruptcy. Resist the temptation to call it good debt. In fact, resist the whole good debt, bad debt connotation. There really is no such thing as good debt. Debt is a liability. It makes you someone else's slave, and that person your master. Resist the whole "Well, student debt is only 2%, and if I'm getting a __% return on my investments..." I get it; in time, your snowball will be bigger than the debt snowball.......IN THEORY. But we don't live in theory. We live in reality, and this line of thinking is exactly the line of thinking that created this recession we're in. Sooner or later, the marker comes due. And we have an entire generation of Americans, who right now, have had the marker called in- and can't pay the check. Get rid of the debt. ASAP!!!
9. Get in a court room!!! "But I'm a transactional lawyer...." Bull....If you never wanted to see the inside of a court room, why didn't you just get an MBA? It would've been much cheaper, and at least for now, you would've had better job prospects. You're completely wasting your degree if you fail to exercise, at least at some point, the power it confers. You don't have to do it forever, but how can you possibly understand what's going on in a legal dispute if you've never seen one, start to finish? Part of your expertise is offering a practical solution to a complex issue. How can you offer a practical solution if you haven't, you know, practiced? How can you be a realist about something if you can't comprehend the reality of a situation? Even if it's just a traffic ticket here or there, or covering someone's docket, and only for a few years at the start of your career, get in a court room!
Red Flags
I haven't practiced long, but I've had my fair share of bad clients. Thing is, the longer I practice, the fewer of them I get. One thing I've done all along is compile a list of "common denominators" that my bad clients have possessed. Here are some red flags you should look for. This isn't to say that if a potential client expresses one of these traits, they're automatically a bad client. However, if you see a client or potential client who falls into one of thse categories, take notice. (I've even come up with creative names for each of them.)
1. The Balkers. These people, after you explain what it will take to work on their case, and your basis for charging them your fee, balk. They'll tell you you're not worth that price (and that no one is). They'll tell you how some other attorney is charging less. Some simply can't afford you. You can have a little wiggle room with the last group (although, at some point you have to draw a line). But, if some other guy can do it for less, let him have the clients- I'm not saying you should price yourself out of the market, but supposing you take the client at the lower fee, two things will occur; first of all, no matter how good of a job you do, you'll have proven yourself unworthy of the fee you'd originally quoted; secondly, word will get out that you're cut throating. If no attorney is worth what you're asking, great. What you're dealing with are people who won't appreciate you and the work you do. Literally, no matter how good of a job you do, these people will never be satisfied. Furthermore, if you don't make the client vest some kind of interest in the case, they'll never do what you ask them to do. They won't participate in their own case- and why should they? You've incurred all of the risk. Don't do business with people who won't appreciate you.
2. The Sloppy Seconds...or thirds, or fourths or fifths. Don't take sloppy seconds- in life or in law. If you're the second or third or whatever attorney on a case, look out! You may be dealing with a bad client. You already know they weren't happy with the guy they had before. In addition, it's likely that whoever it was may not have approached the case the way you would've. He may well have screwed up your case. There's a good chance the client will never be happy with you or any other attorney- in the whole world. It goes without saying that you should always use a declination letter with prospectives, but this rule especially applies here.
3. The Shoppers. These clients are looking for the cheapest attorney possible, and will often compare rates. They'll even use other attorneys' rates to get you to adjust yours. Have a bottom line, and stick to it. This is law practice, not WalMart. You want clients who want you back; you're looking for a relationship, not a one-off job; you're a professional, not a mercenary.
4. The Moochers. The closely related hybrid of the Shoppers and the Balkers, these people try and get free legal advice. They'll chat up a bunch of attorneys under the guise of a consultation, and take what the attorneys say to try and represent themselves. Or, they'll hire somebody, after talking to everyone in town, and take what they've learned from everyone they've talked to, to try and limit the amount of work the attorney they hire has to do, and use this as justification for seeking a lower fee. Distinctive characteristics of these fools are that they like to keep records of every conversation you have (hint: watch out for tape recorders and notepads); they're always asking about a procedure, or a document that needs to be drafted ("Now, do I need a determination of dissent?"), or they'll say "I can get this document online, and I'll prepare it; you just file the pleading." You're not in the business of selling documents; attorneys provide a service, and document prep is one aspect of that service, just like filing pleadings and appearing in court are aspects. People who won't understand this create real problems for what you're trying to accomplish. They'll usually try to nitpick at your bill when they get it, too.
5. The Dreamers. These people have unrealisitic expectations about what you can do for them. They think having an attorney is the magic bullet to making their clunker of a case into a Coupe de Ville. They think their $50k case is worth half a million. They think that, because OJ got off, that the right attorney can always get them off, too. Usually you can talk these people back to reality. Explain to them how OJ's case was different from theirs. Explain why the McDonald's coffee lady got all that money and they won't. If they don't understand, they never will....and they'll always be convinced that no matter how good of a job you do for them, that if they'd had a better attorney than you, they could've gotten the result they wanted.
6. The Negotiators. They come to you wanting you to make a "deal" with somebody. Attorneys are not deal makers. Sometimes pleas will result in a deal. Sometimes a case will result in a settlement. But I prepare everything as if I were to try the case. Anyone who won't let you do that, in the name of "Don't work the case up, just talk to the other attorney and get me this deal," doesn't understand what we do.
7. The Walkers. These people can be great clients. They'll even pay you. But when it comes time for them to take the advice they've paid you for- they don't. These clients tend to be headstrong and stubborn. The problem thse people present is that you often get stuck on their case. What you want to do with these people, is, if you find out pretty early on that they're going to pass on your advice, devise an exit strategy. You're running a law office, not a daycare center. You can take these clients. Many pay good money and are actually decent clients (and often come back to you for more advice when they don't take the original advice you give them). Just know what kind of people you're dealing with early on, so you can be sure you can get out if you have to.
8. The Sues. These people want to sue everyone. They see the legal system as a means of righting everything in their life that's ever been wronged them. Since they're likely unable to comprehend the reality that our system doesn't work that way, when the system wrongs them, the next person they'll blame is...YOU!...which brings me to....
9. The Bashers. Many Bashers are erstwhile Sues. They talk about suing other attorneys, or they bad mouth other attorneys, or the legal profession, or the legal system. If they have so much contempt for the system, why are they coming to you to put their faith in it? There just isn't much chance, with these people, that you'll ever satisfy them.
10. The Once and Future Tycoons. These people will go on and on about how wealthy they used to be- and/or how wealthy they're about to be. Just know that used to be cash and about to be cash is NOT legal tender for all debts public and private.
11. The Know-It-Alls. Pretty self explanatory here. This one isn't an automatic DQ, but you'll certainly hit a point where you need to ask yourself, "If my client is so good at my job, what does he or she need me for?" Again, these people can usually be dealt with, but some are so egregious, that it's better to just cut bait.
12. The Liars. Lots of clients lie. One red flag is clients who tell you one thing on the phone, and another thing when you meet with them. Again, lying clients are the nature of the business, and you don't have to reject these people summarily, but just know that people who lie don't tend to do it about just one thing- and, similar to the know it alls, some liars are so egregious that you might get yourself into an awfully big hole. Remember they're coming to you because they're in the hole- and you can't help them if you're in it with them. If you're dealing with someone who can't even tell the truth to someone trying to help them out, don't deal with them at all.
1. The Balkers. These people, after you explain what it will take to work on their case, and your basis for charging them your fee, balk. They'll tell you you're not worth that price (and that no one is). They'll tell you how some other attorney is charging less. Some simply can't afford you. You can have a little wiggle room with the last group (although, at some point you have to draw a line). But, if some other guy can do it for less, let him have the clients- I'm not saying you should price yourself out of the market, but supposing you take the client at the lower fee, two things will occur; first of all, no matter how good of a job you do, you'll have proven yourself unworthy of the fee you'd originally quoted; secondly, word will get out that you're cut throating. If no attorney is worth what you're asking, great. What you're dealing with are people who won't appreciate you and the work you do. Literally, no matter how good of a job you do, these people will never be satisfied. Furthermore, if you don't make the client vest some kind of interest in the case, they'll never do what you ask them to do. They won't participate in their own case- and why should they? You've incurred all of the risk. Don't do business with people who won't appreciate you.
2. The Sloppy Seconds...or thirds, or fourths or fifths. Don't take sloppy seconds- in life or in law. If you're the second or third or whatever attorney on a case, look out! You may be dealing with a bad client. You already know they weren't happy with the guy they had before. In addition, it's likely that whoever it was may not have approached the case the way you would've. He may well have screwed up your case. There's a good chance the client will never be happy with you or any other attorney- in the whole world. It goes without saying that you should always use a declination letter with prospectives, but this rule especially applies here.
3. The Shoppers. These clients are looking for the cheapest attorney possible, and will often compare rates. They'll even use other attorneys' rates to get you to adjust yours. Have a bottom line, and stick to it. This is law practice, not WalMart. You want clients who want you back; you're looking for a relationship, not a one-off job; you're a professional, not a mercenary.
4. The Moochers. The closely related hybrid of the Shoppers and the Balkers, these people try and get free legal advice. They'll chat up a bunch of attorneys under the guise of a consultation, and take what the attorneys say to try and represent themselves. Or, they'll hire somebody, after talking to everyone in town, and take what they've learned from everyone they've talked to, to try and limit the amount of work the attorney they hire has to do, and use this as justification for seeking a lower fee. Distinctive characteristics of these fools are that they like to keep records of every conversation you have (hint: watch out for tape recorders and notepads); they're always asking about a procedure, or a document that needs to be drafted ("Now, do I need a determination of dissent?"), or they'll say "I can get this document online, and I'll prepare it; you just file the pleading." You're not in the business of selling documents; attorneys provide a service, and document prep is one aspect of that service, just like filing pleadings and appearing in court are aspects. People who won't understand this create real problems for what you're trying to accomplish. They'll usually try to nitpick at your bill when they get it, too.
5. The Dreamers. These people have unrealisitic expectations about what you can do for them. They think having an attorney is the magic bullet to making their clunker of a case into a Coupe de Ville. They think their $50k case is worth half a million. They think that, because OJ got off, that the right attorney can always get them off, too. Usually you can talk these people back to reality. Explain to them how OJ's case was different from theirs. Explain why the McDonald's coffee lady got all that money and they won't. If they don't understand, they never will....and they'll always be convinced that no matter how good of a job you do for them, that if they'd had a better attorney than you, they could've gotten the result they wanted.
6. The Negotiators. They come to you wanting you to make a "deal" with somebody. Attorneys are not deal makers. Sometimes pleas will result in a deal. Sometimes a case will result in a settlement. But I prepare everything as if I were to try the case. Anyone who won't let you do that, in the name of "Don't work the case up, just talk to the other attorney and get me this deal," doesn't understand what we do.
7. The Walkers. These people can be great clients. They'll even pay you. But when it comes time for them to take the advice they've paid you for- they don't. These clients tend to be headstrong and stubborn. The problem thse people present is that you often get stuck on their case. What you want to do with these people, is, if you find out pretty early on that they're going to pass on your advice, devise an exit strategy. You're running a law office, not a daycare center. You can take these clients. Many pay good money and are actually decent clients (and often come back to you for more advice when they don't take the original advice you give them). Just know what kind of people you're dealing with early on, so you can be sure you can get out if you have to.
8. The Sues. These people want to sue everyone. They see the legal system as a means of righting everything in their life that's ever been wronged them. Since they're likely unable to comprehend the reality that our system doesn't work that way, when the system wrongs them, the next person they'll blame is...YOU!...which brings me to....
9. The Bashers. Many Bashers are erstwhile Sues. They talk about suing other attorneys, or they bad mouth other attorneys, or the legal profession, or the legal system. If they have so much contempt for the system, why are they coming to you to put their faith in it? There just isn't much chance, with these people, that you'll ever satisfy them.
10. The Once and Future Tycoons. These people will go on and on about how wealthy they used to be- and/or how wealthy they're about to be. Just know that used to be cash and about to be cash is NOT legal tender for all debts public and private.
11. The Know-It-Alls. Pretty self explanatory here. This one isn't an automatic DQ, but you'll certainly hit a point where you need to ask yourself, "If my client is so good at my job, what does he or she need me for?" Again, these people can usually be dealt with, but some are so egregious, that it's better to just cut bait.
12. The Liars. Lots of clients lie. One red flag is clients who tell you one thing on the phone, and another thing when you meet with them. Again, lying clients are the nature of the business, and you don't have to reject these people summarily, but just know that people who lie don't tend to do it about just one thing- and, similar to the know it alls, some liars are so egregious that you might get yourself into an awfully big hole. Remember they're coming to you because they're in the hole- and you can't help them if you're in it with them. If you're dealing with someone who can't even tell the truth to someone trying to help them out, don't deal with them at all.
Tuesday, May 17, 2011
Going Solo
Every now and then I'll get an attorney who will come up to me and ask me what going solo is like. Here's some free advice.
1. Don't do it straight out of school. You don't know anything. You don't know anybody. You don't have any money. I did it because, experience wise, it was the best career move I had in what was at the time- and still is to many extents- a God awful job market. It's much easier to do it after you've had a few years' experience. You'll have a clientele. You'll know what you're doing, and thus, be able to take on more interesting cases. Last, you'll have a little cash in your war chest such that you won't have to live fist to mouth.
2. Fixed Rent. Rent sharing is attractive, and sometimes a necessity for people just starting out, especially when it's difficult to project income for a particular month. However, the downside is the first time you get a decent paycheck you'll wind up coughing up a significant chunk of it. Also, the key to operating any small business on a long term basis is being able to project expenses on a long term basis. Another plus is keeping costs fixed instead of variable. That's the only way that you can realistically plan long term.
3. Get Quickbooks (or some kind of book keeping/billing program). You're an attorney. Your business is practicing law. You may be the best accountant in the world, but it isn't your business. You don't have time to be consistently messing around with whether your books balance at the end of the month. If you're rich enough, you might be able to hire someone to do this for you, but when you first start out probably not (ironically, if you're not somewhat good at this, you'll neer get rich enough to hire someone). In the mean time, get something that can easily keep track of all of the money, bills, and time. It'll save you the time in having to do it yourself.
4. Get Organized. This really should be #1, but I'm posting these in the order I think of them, and not in order of importance. Having a messy office is unproductive. Organize your office neatly. Everything and everyone should have a file. Files should be neatly organized so that documents can be easily located quickly. Make it a point, at the end of every week, to have your desk "clean". Whatever was on it, during the week is to be finished, or at least at some kind of stopping point. When you're at a firm, there are other people who can ease your burden when need be. You have no such luxury. You're juggling 10 balls at once while dancing on an eleventh. The only way you can stay ahead is to, well, stay ahead.
5. Pay All (or as many as possible) of Your Bills at Once. Pick a day. Perhaps the day your rent is due. Make that the day when all your bills will be paid. Set up auto withdrawal, and just make sure that amount of money is in your account. This kind of goes back to the whole thing about long term planning and fixed expenses, but it's almost as if you'll get to a point where you just treat that money as if it's not even there. Once you get to this point, everything else is profit!
6. Send All Bills at Once. I haven't gotten around to it yet, but I'm trying to set it up to where I send bills out every other Friday. Collecting money should be just as regular as paying it. This will allow you to speculate income, going forward. It's not enough to be able to anticipate expenses. You also have to be able to anticipate, in June, "What are August and September (tentatively) going to look like for me?" Sure, a million dollar client can walk in the door at an instance. But long term planning is what keeps the lights on in the mean time. The two most important aspects of long term planning, fiscally speaking, are projected expenses, and projected revenue. While no one can predict the future, the surest way to bet on the future is to get expenses and revenues as fixed as possible. This way, if a big case should come along, you can treat it as gravy!
7. Don't Ever Forget Anyone....Ever! You meet someone, remember him or her. Remember something- anything. Get a business card. Add the person's contact info. Keep it. Use it. Stay in contact. Message everyone in your contacts frequently and on some kind of periodic scheudle- a weekly e-mail, a monthly mailer, a quarterly newsletter, etc. Send them Christmas/Hanukkah, birthday, and anniversary (when applicable) notes. Keep a stack in your office, and write them when necessary. When a colleague accomplishes something, send a note. Keep a stack of thank you notes for the same purpose. The trick is to do a little correspondence every day; that way, you're not bombarded come holiday season! Oh, and on a more somber note, read the obits. You'll look like an ass if you send correspondence to someone who's dead- and you'll get kudos for attending the funeral (leave your business cards at home), and sending flowers, etc..
8. Speaking of business cards, carry them everywhere. You'll never know when someone will need you. It's kind of like the story in the Bible when the brides sleep and miss the groom. You don't want to not be carrying your card when you meet a person who needs a lawyer. A corollary to this rule is to give your card to everyone you meet. Here's how you do this without looking like you're soliciting: whenever you meet someone, ask for his or her card. This'll give you an opportunity to reciprocate. If they don't carry a card, then, your opening is, "Well, let me give you mine." You might also want to get an email or phone number at that point, or some way of contacting the person. Then, and this is where so many people just put to waste all of the data stuck in their Rolodexes, YOU MAKE THE CONTACT. There are a handful of exceptions to this rule. First, never, ever, ever, ever, EVER, be caught dead (pardon the pun) at a funeral service, wake, visitation, cremation, etc. with your business cards. Secondly, use your better discretion, but places of sanctity (such as mass), while they can be excellent opportunities to gain business, are NOT places where business should be discussed. Get a name and an idea of the nature of the business, and call on Monday. Everything has its place and time, and funerals and church just aren't the places for business. Finally, be careful about talking business when it might "steal someone else's thunder". Actually, this is a good rule for doing anything that might attract attention to yourself at a time when all attention should be directed elsewhere. Such events include weddings, graduations, award banquets, etc. This is clearly someone else's event, someone else's honor, and someone else's day. It's probably more okay to carry cards here than it would be a church or a funeral, but it's another area where you have to be careful. Not saying you can't talk shop; just use your discretion.
9. If someone needs help, give it to him or her. One of my biggest complaints about my profession is attorneys who won't help other attorneys. Especially considering I know of no attorney anywhere who has achieved any color of success without the assistance of someone, somewhere- usually another attorney. As I write this, I am not hiring associates, nor am I seeking interns. I don't have the case load; I don't have the capital; I don't have the time, and I don't have the experience. In short, at this time, there is nothing an intern would benefit from basking in my non existent glow. That said, I do not expect that situation to persist. Further, if any law student or attorney wishes to meet with me for lunch or coffee, the request is granted. In 2011, alone, I have helped 5 people get internships or jobs. This is with my 2-3 years' experinece. I am sorry, but an attorney with 25 months or years under his or her belt has NO EXCUSE for not giving back; no excuse for not helping another attorney out when he or she has a question about something. It hurts our profession. Moreover, if you do it, I think it hurts your career. Maybe I'm wrong, but I'd like to think that some of the people I've helped will help me if I ever need it, or their friends will help me, or my friends will help them, etc. I'd like to think that somebody who's just out of law school and has no job prospects and little experience won't be in that predicament forever. They'll be a partner somewhere someday; or have their own solo practice; or be CEO of something, or whatever. I'd like to think they'll remember me then.
10. Keep Expenses Down. I understand there is an element of vanity with any self owned business; I also get that there are some times when you just shouldn't cut corners. For example, advertising. I know that advertising is something you sometimes have to do on a shoe string budget (and that ad dollars can be colossally wasted). Let's say your ad campaign is centered on radio ads. You can't just run the cheapest ad you can buy once a month. You have to commit to it- spend a decent amount of cash on a decent ad, that'll run several times weekly, on a station that a lot of people likely to need your service will listen to. I know a lot of firms like to have expensive stationary and things of that sort (I also know that this is an area where smaller firms save money). They have clients (and other attorneys) that they want to impress. I'm okay with that, actually. HOWEVER, there's a word for finer things: luxury. As in, something you pay extra for. Just make sure that if you're giving your clients luxury service, first of all, they understand that it is in fact luxury service and not ordinary service (vis a vis, either service you provide to other clients, or other attorneys who provide similar service), and secondly, that they pay for the luxury they receive.
1. Don't do it straight out of school. You don't know anything. You don't know anybody. You don't have any money. I did it because, experience wise, it was the best career move I had in what was at the time- and still is to many extents- a God awful job market. It's much easier to do it after you've had a few years' experience. You'll have a clientele. You'll know what you're doing, and thus, be able to take on more interesting cases. Last, you'll have a little cash in your war chest such that you won't have to live fist to mouth.
2. Fixed Rent. Rent sharing is attractive, and sometimes a necessity for people just starting out, especially when it's difficult to project income for a particular month. However, the downside is the first time you get a decent paycheck you'll wind up coughing up a significant chunk of it. Also, the key to operating any small business on a long term basis is being able to project expenses on a long term basis. Another plus is keeping costs fixed instead of variable. That's the only way that you can realistically plan long term.
3. Get Quickbooks (or some kind of book keeping/billing program). You're an attorney. Your business is practicing law. You may be the best accountant in the world, but it isn't your business. You don't have time to be consistently messing around with whether your books balance at the end of the month. If you're rich enough, you might be able to hire someone to do this for you, but when you first start out probably not (ironically, if you're not somewhat good at this, you'll neer get rich enough to hire someone). In the mean time, get something that can easily keep track of all of the money, bills, and time. It'll save you the time in having to do it yourself.
4. Get Organized. This really should be #1, but I'm posting these in the order I think of them, and not in order of importance. Having a messy office is unproductive. Organize your office neatly. Everything and everyone should have a file. Files should be neatly organized so that documents can be easily located quickly. Make it a point, at the end of every week, to have your desk "clean". Whatever was on it, during the week is to be finished, or at least at some kind of stopping point. When you're at a firm, there are other people who can ease your burden when need be. You have no such luxury. You're juggling 10 balls at once while dancing on an eleventh. The only way you can stay ahead is to, well, stay ahead.
5. Pay All (or as many as possible) of Your Bills at Once. Pick a day. Perhaps the day your rent is due. Make that the day when all your bills will be paid. Set up auto withdrawal, and just make sure that amount of money is in your account. This kind of goes back to the whole thing about long term planning and fixed expenses, but it's almost as if you'll get to a point where you just treat that money as if it's not even there. Once you get to this point, everything else is profit!
6. Send All Bills at Once. I haven't gotten around to it yet, but I'm trying to set it up to where I send bills out every other Friday. Collecting money should be just as regular as paying it. This will allow you to speculate income, going forward. It's not enough to be able to anticipate expenses. You also have to be able to anticipate, in June, "What are August and September (tentatively) going to look like for me?" Sure, a million dollar client can walk in the door at an instance. But long term planning is what keeps the lights on in the mean time. The two most important aspects of long term planning, fiscally speaking, are projected expenses, and projected revenue. While no one can predict the future, the surest way to bet on the future is to get expenses and revenues as fixed as possible. This way, if a big case should come along, you can treat it as gravy!
7. Don't Ever Forget Anyone....Ever! You meet someone, remember him or her. Remember something- anything. Get a business card. Add the person's contact info. Keep it. Use it. Stay in contact. Message everyone in your contacts frequently and on some kind of periodic scheudle- a weekly e-mail, a monthly mailer, a quarterly newsletter, etc. Send them Christmas/Hanukkah, birthday, and anniversary (when applicable) notes. Keep a stack in your office, and write them when necessary. When a colleague accomplishes something, send a note. Keep a stack of thank you notes for the same purpose. The trick is to do a little correspondence every day; that way, you're not bombarded come holiday season! Oh, and on a more somber note, read the obits. You'll look like an ass if you send correspondence to someone who's dead- and you'll get kudos for attending the funeral (leave your business cards at home), and sending flowers, etc..
8. Speaking of business cards, carry them everywhere. You'll never know when someone will need you. It's kind of like the story in the Bible when the brides sleep and miss the groom. You don't want to not be carrying your card when you meet a person who needs a lawyer. A corollary to this rule is to give your card to everyone you meet. Here's how you do this without looking like you're soliciting: whenever you meet someone, ask for his or her card. This'll give you an opportunity to reciprocate. If they don't carry a card, then, your opening is, "Well, let me give you mine." You might also want to get an email or phone number at that point, or some way of contacting the person. Then, and this is where so many people just put to waste all of the data stuck in their Rolodexes, YOU MAKE THE CONTACT. There are a handful of exceptions to this rule. First, never, ever, ever, ever, EVER, be caught dead (pardon the pun) at a funeral service, wake, visitation, cremation, etc. with your business cards. Secondly, use your better discretion, but places of sanctity (such as mass), while they can be excellent opportunities to gain business, are NOT places where business should be discussed. Get a name and an idea of the nature of the business, and call on Monday. Everything has its place and time, and funerals and church just aren't the places for business. Finally, be careful about talking business when it might "steal someone else's thunder". Actually, this is a good rule for doing anything that might attract attention to yourself at a time when all attention should be directed elsewhere. Such events include weddings, graduations, award banquets, etc. This is clearly someone else's event, someone else's honor, and someone else's day. It's probably more okay to carry cards here than it would be a church or a funeral, but it's another area where you have to be careful. Not saying you can't talk shop; just use your discretion.
9. If someone needs help, give it to him or her. One of my biggest complaints about my profession is attorneys who won't help other attorneys. Especially considering I know of no attorney anywhere who has achieved any color of success without the assistance of someone, somewhere- usually another attorney. As I write this, I am not hiring associates, nor am I seeking interns. I don't have the case load; I don't have the capital; I don't have the time, and I don't have the experience. In short, at this time, there is nothing an intern would benefit from basking in my non existent glow. That said, I do not expect that situation to persist. Further, if any law student or attorney wishes to meet with me for lunch or coffee, the request is granted. In 2011, alone, I have helped 5 people get internships or jobs. This is with my 2-3 years' experinece. I am sorry, but an attorney with 25 months or years under his or her belt has NO EXCUSE for not giving back; no excuse for not helping another attorney out when he or she has a question about something. It hurts our profession. Moreover, if you do it, I think it hurts your career. Maybe I'm wrong, but I'd like to think that some of the people I've helped will help me if I ever need it, or their friends will help me, or my friends will help them, etc. I'd like to think that somebody who's just out of law school and has no job prospects and little experience won't be in that predicament forever. They'll be a partner somewhere someday; or have their own solo practice; or be CEO of something, or whatever. I'd like to think they'll remember me then.
10. Keep Expenses Down. I understand there is an element of vanity with any self owned business; I also get that there are some times when you just shouldn't cut corners. For example, advertising. I know that advertising is something you sometimes have to do on a shoe string budget (and that ad dollars can be colossally wasted). Let's say your ad campaign is centered on radio ads. You can't just run the cheapest ad you can buy once a month. You have to commit to it- spend a decent amount of cash on a decent ad, that'll run several times weekly, on a station that a lot of people likely to need your service will listen to. I know a lot of firms like to have expensive stationary and things of that sort (I also know that this is an area where smaller firms save money). They have clients (and other attorneys) that they want to impress. I'm okay with that, actually. HOWEVER, there's a word for finer things: luxury. As in, something you pay extra for. Just make sure that if you're giving your clients luxury service, first of all, they understand that it is in fact luxury service and not ordinary service (vis a vis, either service you provide to other clients, or other attorneys who provide similar service), and secondly, that they pay for the luxury they receive.
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