Would You Trust a Law Professor to Represent You

I had many good law professors in school. I also had many bad ones. I don't necessarily think they were bad in the sense they didn't know their material. Rather, like this article posted by the Law Librarians shows, the professors often focused too much on the minute theory, and not enough on the practical application.

I tend to agree with Mr. Newton's criticisms of law schools, since I generally believe that most law schools fail to adequately prepare their students for legal work. I believe far too often, too many students have to learn "lawyering" in the "school of hard knocks." Moreover, I think the law schools' focus on academia, versus practicum, does an even greater disservice to the students in leading them to believe that the grades will catapult them to greatness. The truth is, even the brightest star dims in the sunshine.

Many students I see, I suspect because of the B.S. they're fed in law school, believe that they're commitment to academics is more important than their law work involvement. For instance, I recently sought to hire a part-time law clerk from my alma mater (you may want to check out an earlier post regarding a similar experience). I solicited, and received, a number of qualified resumes. 

The problem was, I saw a great number of "silver spoon" candidates who demanded I accommodate particular school schedules, routines, etc., when I hired them. Some seemed to expect this favorable treatment because of some high grade or recognition in law school, despite the fact they lacked any notable legal experience. In fact, one applicant went so far as to say that they were available to work only Friday and Saturday - I thought only BigLaw lawyers worked Saturdays or Sundays if they didn't have to?

I took two jobs in school, which I think benefited me tremendously, in both experience and with practical lawyering skills. I worked for free, as a pro bono volunteer, then I worked for a solo practitioner. The first firm taught me the meaning of doing justice, which led me to reconsider my decision to become "not a lawyer." 

At my second job, I saw how hard work, dedication, and common sense, can make a skilled attorney. The firm expected me to work a regular schedule (meaning be there when the other guys/gals are), and to dedicate the time necessary to close cases, and ultimately make money for the firm. Honestly, during the last year of law school, I dedicated more time to my job than to my studies. What I recognized was that actually doing the stuff I'm learning about, was more important than learning about stuff I could be doing.

The problem is, many law students (again, I think because of the schools) believe their lives are paved in BigLaw. The truth though, is that many BigLaw dreams end up in tattered shards of unemployment, or ill-equipped solo practitioners, who struggle to survive.

Paperless Office

There's a couple of really great articles out there about improving your law office with a move to digital files.

Jim Calloway, Director of the Oklahoma Bar Association Management Assistance Program, has a great article this month discussing the importance of using digital files.

My firm went digital from day one, and with the advice of several people at Solosez, I ditched the actual paper copies to the files as well.

The greatest benefits have been increased productivity and efficiency. As Jim suggests, I no longer rummage through the paper file looking for that letter or medical report. Everything is on my digital system, and available to all of my staff.

I use a simple naming and sorting system that I think is easy to remember and use. My biggest rule is if it isn't scanned, it doesn't exist or it never happened.

I purchased a fairly inexpensive Dell multifunction printer/scanner, which runs multiple functions, saving space and money. There's a lot of hype about the ScanSnap scanners, but I haven't tried them.

One of the hardest things for me to appreciate was that no matter what you tell yourself, you don't need the file. My biggest hangup was that I would "need" the file for court. That simply isn't true, or is limited to a few instances. However, in the 6 months since my move, I have never needed the entire file. For hearings, I print out the document(s) I need to refer to, and head out. Sure, arguably I'm "wasting" more paper, but I think I have comfort knowing that the ultimate waste is for my own benefit.

I would encourage you to get past the "need" for the physical copy, and move to the digital age.

Ups & Downs

Just finished my first solo jury trial. Boy, was it a disappointment. We lost, but I had a great opportunity.

We'll get them next time!

To Market Your Firm, Stay Away From The Crowd

I'm a HUGE, HUGE, HUGE, advocate of finding a way to "reinvent the wheel" when you're starting/operating your own law firm. I've discussed a variety of ways you can make yourself "popular" without blowing your operating budget. For me, Google Places is big.

In today's post from Jay Fleischman, he hits this topic squarely on the head. If you're following the crowd, you're always going to be following the crowd. I like this sentence from Jay's post: "They got there first, and have more money to spend than you do." That's the quintessential point that a lot of new solos don't realize.

You have to find the new avenues and marketing mediums (right now I'm trying to negotiate a sign placement in a local burger joint), to get your name and message out.

Marketing Successes

I like to get compliments, just like everyone else. More especially, I like compliments like, "your name is every where," or "did you know you're number __ on Google?"

Of course I know this, but it's certainly always nice to hear the compliment from someone else. I always politely respond with a simple yes, and "would you like to know how?" People are impressed by search position (remember when you used to be impressed by the back page of the phone book?).

My method isn't anything special or secret, nor do I spend a large amount of money paying to market my law practice. Moreover, I'm sure that if I did a couple of things differently, I'm going to pop my rankings even more, and turn over more search engine clients.

I've told you about my marketing efforts, but in case you're not faithfully reading this blog, you may check the posts here, here, here, here, here, here, and here.

The simple fact is, I spend less than $150.00 per year on marketing for my law practice, and I attribute 3 things to my successful marketing:

1. Actively blogging about important subjects - I believe that part of the task and success in raising your name to a ranking position on page 1 (this is important too) is constantly update your content with relevant subject materials. The search engine spiders go after fresh stuff.
2. Google Places - if you're not listed on the Google map, you're missing out on a free and effective marketing opportunity. Pick your core demographics (geographically and topical), and key in on those in your blogging/website.
3. Headway Wordpress Theme - while Headway takes some getting used to, it's a fairly simple program to use and create a website with. Wordpress is a phenomenal platform, so you can't beat the combination. Headway has great SEO options, which help get your name/content into the digital world.

Like I've said before, I'm not a marketing genius, nor do I claim to know the ins/outs of marketing. What I do know though is that these three things are the only things I'm doing different from the colleagues in my office. This is the stuff that's producing my results.

From Law Student to Lawyer to Partner

I'm all in favor of starting your own law firm right out of school. I did, and I think I've been fairly successful. I think with enough diligence, you can too.

Now, Law.com, has this post about starting your own firm right out of school. I think this is one of the more well-written articles, and gives some genuinely brilliant advice.

More on Diligent Duty

There's a great article today on the Law.com site written by Adrienne Bond about important habits for every lawyer. The article is titled, 10 Habits Every New Lawyer Should Learn. I think the habits go as good reminders for old attorneys too.

As I stated before, part of becoming a good attorney, is learning diligence and details. Ms. Bond's article is a great affirmation of that principle.

My money quote, because it's so simple and effective:

Print out the final document and proofread back to front. 

Lawyers miss more errors when reading a document on a computer screen than they do after printing it out. Proofread and spell check the final document, then print it out. Then read it from end to beginning. When going over a document from beginning to end, the reader can skip obvious mistakes, especially when she wrote the document. But starting from the final sentence, moving backward and reading each sentence in isolation renders the document alien. It prevents expectations from intruding on perception. Errors become easier to notice. 

Take a minute to read the article, you'll be glad you did. 

Basic Principles for the Job Market

Attorneys are required to do a lot of thing very carefully. We carefully proofread all of our documents. We pour over pages and pages of discovery looking for each minute error committed by the opposing party. We're required to know, and follow, particular court rules and statutes.

That's why I think thoroughness is important. Sure, I'll admit that I slip up. Sometimes it's that small misspelling, or reference error (I once forgot to change the correct date on a pleading, or referred to a traffic accident in a breach of contract claim - oops) that will even embarrass us. However, we should always strive to put our best stuff forward. More importantly, where we're instructed to perform something in a particular manner, we should act carefully to include that in our performance.

Recently, I posted a job opening request with my alma mater's career services department. The request, strategically, asked the applicants to deliver their application documents in a specific file format, and with a particular statement in their cover letter. From the multiple applicants, only 2 completed the assignment as requested.

For newly minted, or soon-to-be minted attorneys, my first word of advice is to follow the instructions. My strategic reasoning behind the request was to discover something unique about the prospective employee, and second, to determine whether the new hire could follow simple instructions. My office is chaotic as is, and to add a new employee who can't follow basic directions could create headaches that I don't want to deal with.

The second thing I've learned is that many prospective hires don't use common sense. For example, around January, and May, I get a large number of resumes from law students looking for jobs. I think this is because my website has a fairly high web presence, and it's easy to find.

One of the errors that always makes me chuckle, is the cover letter addressed to "To whom it may concern" or "Hiring Manager." Frankly, the ubiquitous statement is an insult. If I were looking for a job with my firm (and frankly, who wouldn't want one for the low pay, low hours, and cranky boss - just kidding about the boss), I'd perform a little background investigation. First, instead of just finding the contact information for the law firm on the home page, I'd actually visit the about us page, for details on the attorneys.

There, I'd see that the only person listed on the website is me. I could conclude to things: 1. this guy's arrogant; or 2. he's the right man to address my letter to. Naturally, I'd pick the first second.

The third thing I see is a lot of minor, but critical errors; the prime being spelling and grammar. I'm a stickler for those, though I tend to let more complex grammar errors, like the use of commas and semi-colons, slide. One of the biggest errors I see is misspelling my name (5 of the recent applicants misspelled my first name, 1 misspelled my last). You may not like your name all too much, but I like mine. Its been with me for awhile now, and I'm not changing it, although I may shorten it a touch. You may have all the academic and social credits in the world, but let me guarantee this: if you spell Jeffrey, Jeffery, kiss your resume goodbye. Like The-Green-Eyed-Man says in Bolt, "that irks me...[that's] beginning to irk me."

The goal of the job search, especially in these difficult times, is to get the job.You need to do a lot to make yourself standout as an applicant. If you're committing these standard errors, you're not standing out, you're getting kicked by the small guy.

Now, some people will argue with me that it's fruitless to take these "countermeasures" and "customize" your resume, cover letter, and whatever else to the particular job. I say hogwash (do I sound 1930's, or what?). How can you afford not to? I think it's particularly bad form to "cyber-blast" a resume to hundreds of employers, hoping to match with one. You're doing yourself a disservice, and you're wasting a lot of money in the process. I know, times can get tough and desperate, and the countless rejections get tough (the truth is there are too many attorneys/students, and too few viable legal jobs). However, I believe that if you'll take some time, do some research, contemplate your goals, you'll find a better match.

I'd love to hear your opinions on this matter, and any other advice you'd like to give. Please leave a comment.

Bar Exam Prep

Well, it's May. If you're a law student, May means 1 of 3 things: School's out; Summer school starts; or it's bar exam time.

For me, the bar exam was the hardest, yet easiest test I've ever taken; I guess having the fear of failure is quite a motivator to do very well. On the first day of the exam, I thought I was going to throw up. On the drive to the exam hall, my wife kept asking if I was all right and if we needed to pull over. If I could have thrown up, I probably would have. Truth is, I couldn't even muster enough courage to puke, because of the sudden wave of fear I'd gathered about 90 minutes prior to the exam. By the time the proctors bellowed "begin" though, I was "full guns" and focused.

I used to believe in the principle that Wisconsin adopts: if you attend a state school, you can waive the bar exam. Not any more though. I think every last and recent graduate should suffer just like me. Two days of pure hell, followed by 2 months of anxiety.

The fact is, everyone does it. It's a right of passage, and if you've done what you need to, then you'll be fine. My advice is simple: develop a study routine, and stick to it. Bar prep is your job for the next 2 months (although I worked 30 hours per week from graduation until July 1).

I took the BarBri and PMBR bar exam courses. I know people who didn't, and they passed. Frankly, I think you could do it, but why risk it? The Cowgirl Lawyer, has a well-written blog post, which basically agrees with my philosophy.

You need the study routine to give you comfort and stress relief More importantly, the routine is a method to allow you to accomplish all the studying that has to take place. I'd go to our local city library, or fortunately, to the law school's library (it's surprisingly empty from August to December, January to April, and May 15 to August 15), and sprawl out over a desk. I made sure I only took my study materials, no laptop or other distracting devices. 

Here's my daily routine (beginning July 1):

9:00  50 MBE questions & review

12:00 lunch (30 minutes)

1:00   Review BarBri materials; pick 1 subject to study

5:30   Dinner

6:00   Create study flash cards, posters, review missed MBE questions, etc.

8:00   Relax (tv, movies, etc)

10:30 Bed

I liked my scheduled because it created order out of chaos. The amount of information is overwhelming, and you need a logical way to tackle it. You also need to make sure you're spending some time for yourself. I didn't study on Saturday night, or Sunday. I felt I should have a little time away from the material (although it's always close, no matter what). I also didn't get discouraged if I "slacked" during some study sessions. Slacking is your mind's way of telling you to take a break. Just remember, don't take too long of a break.

The PMBR program recommended 50 questions per day from May to the bar exam. I stuck with it. You need to see a lot of questions to start to understand MBE logic. When I took the MBE, I felt like I knew 75% of the correct answers, just because they were similar to previous questions. I didn't try to "kill" the test, merely make sure I scored my 130 to pass.

In the final 2 weeks before the exam, I started taking regular full MBE exams. I'd do a 3 hour chunk in the morning, followed by review in the afternoon. I always did "discouragingly well" on my practice MBE exams, don't worry. They really are more difficult than the real MBE. By the time I took my final practice, I was scoring 135-140. The important thing is to see the types of questions. 

I didn't do a lot of essays. I don't know whether that helped or hurt me, although I felt like I was fine on the real exam. I knew I could write an essay, so I practiced issue spotting on each practice essay question. Most of the questions had 10-15 issues, large and small. I shot for 75-80% of the issues. The best essay-writing advice I received was to remember that the person reading your essay is a solo/small firm lawyer who has a busy practice and has about 3 minutes to read your answer. Be concise, be clear, and make it very easy to read. Also, add some statement like, "and since this is a rather complex issue, I would always seek the assistance and counsel of my senior partner or mentor." That has to be good for something, right?

I studied alone, I passed the exam. I don't think that group or single studying is a factor. Again, it's important to establish and stick to a routine. 

You're going to do fine, if you get in a good habit. If not, you're going to fail, and you'll re-read this blog post, kick yourself, and work harder. I know several attorneys who didn't pass (they didn't follow any sort of routine to study) on their first, second, or third attempts, it's not a big deal.

Why You Should Personally Control Your Marketing

Many attorneys like to leave their marketing schemes to junior associates or other "media" interns. There's one attorney in my office who's even letting his legal assistant design the site without any input from him. He's taking a "hands off" approach, while the assistant handles the media marketing. In fact, he's so interested in distancing himself from the website design process, that he tunes out all criticism and other input.

The truth is, this is the worst approach to managing your media image. If you want your firm to be at the forefront of people's thoughts, you need to be at the forefront of your media campaign too. You wouldn't let a legal assistant schmooze referral sources, would you? Then why do you permit them to schmooze the potential clients?

I'm certainly not saying that you need to handle every microcosm of your media design. Certainly, at some point it's more efficient for you to handle legal work, while your assistant composes the "About Me" page of your website. The key is, you need to approve every element of the content going into your media campaign.

Your marketing should have your cohesive style to encourage continuity and consistency. Your image is your image. Keep it to yourself, because nobody cares more about you, than you.

If you'd like some suggestions on managing your media, please shoot me an email. I've written several posts on some of the tools I use, so take a minute to search the site.