Law v. Life

Best. Week. Ever.

The past week has been the most perfect confluence of law and life joy.  How often does that happen?  I feel so alive.

The high has not worn off yet from the new guy.  Let's call him Jack.  I am breathing more easily, but barely, and I still feel off balance when I think about how it feels to be with him.  I can't believe it can feel so good and safe to feel completely out of control and unlike myself.  Fortunately he appears to be as completely awestruck as I am.  We'll see where we stand after I go out of town for 5 days this week.  I'm guessing it will only serve to encourage our ridiculous "I'm going to miss you" conversations since we will actually be thousands of miles apart rather than simply ending a date with another one already planned.

To add to the adrenaline pumping through my system the last week has been a very exciting new case.  We actually met with our clients the day of my first date with Jack and the evolution of the case has continued at the same breakneck speed.  I won't go into more detail about the case, but it is exactly what I needed to remind me how much I love being a lawyer...writing impassioned pleadings late at night, scheduling emergency court conferences, strategizing with the other litigators...using my mind analytically and creatively to advocate for a client is close to the most fun I can have fully clothed.

Aside from not wanting to miss a single day that I could be getting to know Jack better, I am also really looking forward to going to San Diego this week.  The programming looks good, I'm wearing a gold dress to the dinner dance, I will get to see lots of friends, and I think my cousin is going to come down for a day.  Looks like it should be another great conference..  If you happen to live in San Diego, I would welcome restaurant suggestions or other ideas of things to do there. 

This is what I live for

Oh my God, being in trial is exhausting, but fun.

One of my trial lawyer heroes, David Berg, inscribed a book for me, in part, "Just be ready to announce, "Ready" when the wimps are whispering, "settle."  I don't think he could have offered better advice.  More than once I have told a judge I was "Ready for trial," and it has immediately led to settlement or an unopposed trial and judgment in my client's favor.  As well as the really enjoyable look of shock and confusion on opposing counsel's face.

I've only been practicing 2 1/2 years, but, from what I have seen so far, it is a small minority of attorneys who call themselves "litigators" who actually want to go to trial.  I have many theories as to why that is: billing practices, training and experience, and wussiness, just to mention a few.

To some extent, I think the culture of billing, including the pressure to bill lots of hours at obscenely high rates, especially at big firms, makes it too easy to make a living off of pretrial practice, leading so-called litigators to  define their job as something other than being a trial lawyer...maybe being a "discovery and motion practice lawyer who is adequate/good at negotiating/forcing settlements."  I also think that the other side of exorbitant billing makes it too risky for a client to let a jury decide all or nothing, and as legal fees mount, often because the other side intentionally drives them up through delay tactics and frivolous motions, clients have to make the prudent decision to settle for far less than their case is "worth," because that worth will soon be eclipsed by legal fees which are generally non-recoverable.  I'm sure I could  think of tons of other ways to tie billing to the decline of the trial lawyer, but that's enough for now.

Another reason that I suspect many litigators rarely set foot in a courtroom is because they simply don't feel comfortable there.  The overall law school curriculum does not focus on trial practice.  That doesn't mean I would change the curriculum, because I think much of it is valuable as currently designed, and in the last decade (?) or so, I think there has been a dramatic shift towards offering practical classes.  I had every opportunity to take practical classes at OSU, and I took advantage of those opportunities.  Not everyone did.  But they were there, in abundance.  I think it's fine that they are not required, because as much as I loved them and would have hated taking a semester-long class on commercial paper, the opposite is true as well, and I am grateful that law school allows students to take those courses they are interested in, as well as certain core requirements.  BUT, if a law student thinks he or she may want to be a litigator, it is the student's responsibility to realize a little instruction might be beneficial.  Some schools may not offer the comprehensive practical curriculum that OSU does, but there are endless opportunities after law school to seek out such instruction as well.  Litigation CLEs are actually fun!

In addition to "training," nothing can take the place of real life experience to feel comfortable in the courtroom.  Crazy, but true.  At big firms, I know many people who a year or two into practice were just beginning to defend depositions.  That is about as far from the courtroom as a litigator can get.  But opportunities exist if you seek them out, even in big firms.  Someone covers JD exams or motion hearings in remote counties or sits 18th chair behind the firm's few real litigators, so volunteer to be that person.  Surprisingly, most people don't want to do those things so a little initiative might turn into a lot of court time. 

What always shocks me is that a large percentage of the attorneys I meet at more mundane court appearances act like it is painful to be there and they just want to "resolve" the case as soon as possible and get back to their nice, safe offices.  Look around...it's not scary!  And your discomfort shows.  If you want to set a third pretrial, that does not facilitate settlement.  Really.  Setting a trial date does.  Or it facilitates allowing a judge or jury to decide the case on the merits in a timely manner.  Either way - resolved!

Wussiness speaks for itself.  We're all afraid of losing.  Our clients are counting on us, and nothing is a sure thing.  And when you're standing up in court, maybe you're afraid of forgetting something important or maybe you're afraid the judge is going to exclude your most important evidence or maybe you're afraid the jury doesn't like your tie.  Get over it or go write wills (no offense intended to those kind of lawyers; they don't pretend to probate lawyers and then go serving a bunch of discovery on dead people...).  If you have honestly evaluated the case throughout the process, discussed the risks along the way with your client, and prepared with the idea that trial may be the way the case is ultimately resolved, without the right settlement offer you should end up in court.

I'm not saying don't settle.  I agree with the common wisdom that most cases should settle.  But unless the economics and the law converge to make settlement the best option, there is no reason to run away from trial.  Maybe if more cases went to trial, there would also be more good faith settlement offers.

Okay, I should really stop babbling, because I have to get ready for another day of trial!

Conference recap: countdown-ish style

Last week, I attended the YLD spring conference, which was held in conjunction with ABA Day and the Section of Litigation annual conference, both of which I participated in as well.  It was a great week, and it was cool to realize that I am finally beginning to feel comfortable at these kind of things, that I am making connections, and that I am really getting something out it professionally beyond the CLE programs.

Since I have no energy to recap everything, and you probably have little interest in reading all of the details of meetings with members of Congress and my conversations with bar leaders, here is a countdown of sorts that includes many of the highlights.

471 - millions of dollars sought by the Legal Services Corporation from Congress to provide low-income people with access to the civil justice system (more than $100M less than was appropriated in 1995 adjusted to today's dollars)
325 - approximate number of young lawyers who participated in the spring conference
85 - amount that every ABA entity seems to think is appropriate to charge for dinner
15 - Members of Congress (or their staff) lobbied by the Ohio participants in ABA Day (a bunch of more "senior" lawyers and me)
7 - Dinners or receptions I attended
6 - Members of Congress I met personally
5 - Total number of official YLD conferences I have now attended (Montreal, San Francisco, Charlotte, Los Angeles, DC)
4 - Follow up emails/letters I have received about writing articles/programming/general involvement in the senior bar
3 - alumni of Ohio University who had lunch together Friday, plus a 4th who is a law school classmate of one and co-worker to another of the 3 bobcats
2 - Representatives' wives I met (one of whom gave me a book!)
1 - friend from past conferences who couldn't make it to DC because she had an argument before the Ohio Supreme Court, but who I got to have dinner with in Columbus
0 - Salacious stories (of my own)

Living in the moment

I'm in a good mood.

As usual, I have a ridiculous amount of work to do and other obligations with pressing deadlines, but I feel pretty good at the moment that things are kind of under control.  As I begin to think about my calendar for the next eight weeks, it is insane, but I am pretty excited about all of the things that are going to make it insane.  And May isn't booked yet, so I should get some rest then.  I'm so busy that I have to just enjoy life as it happens, and right now that philosophy is working out pretty well.

I had a good first date on Saturday.  I have no idea if anything will come of it, but I think it is pretty cool that we had our first date in the middle of a blizzard.  It didn't make me forget about the other situation (which I am pleased to say is at least not as awkward as I feared) which I am definitely not over, but it is always good to be reminded that there are people I can enjoy talking to who could have dating potential.  It was a good lunch.

My case from hell was resolved yesterday in a way that is a great result for my client, and it reinforced for me how important it is to be prepared to actually go to trial and to not let myself be intimidated no matter how hard another lawyer may try.  It was one of those times when I felt like a real lawyer, and like the kind of lawyer I want to be: prepared, assertive, professional, and happiest in the courtroom.

I had a really fun time hanging out with my new ABA friend in Cleveland last night.  Operating on two hours of sleep and not enough food, I probably shared more scandalous stories than I should have, but she is one of those people who has the same kind of stories I do, so it just felt natural.

And I'm looking forward to a good remainder of the week.

Pre-trial magic

I am now in trial prep mode.  Which means I am not thinking about boys at all.  Right.  But it does mean that I am doing one of the few things that could halfway distract me because it is right up there on the list of enjoyable things in life.  I am talking to experts, coordinating video, planning last minute depositions, preparing pretrial orders and motions, debating strategies for voir dire and opening statements, and generally having a great time.  Sometimes I feel a little disappointment that I am not doing the exciting stuff myself (like voir dire and opening), but I am glad that I get to be so involved without having the pressure of carrying the whole case yet.  I might get my chance in the next few months, anyway...  Right now I am concerned that I am semi-seriously sick, but I don't even care because getting ready for trial produces so much adrenaline.

If all I ever did was trial prep (and trials), I would be happy all the time.  Well, with work.

I am always amazed by how much work can be done in the two weeks before trial.  It is exponentially more than would be possible at any other time.  It's like the loaves and fishes for lawyers.

Dismissals for Christmas

I started the week with four trials and a hearing scheduled.  Every single one was either continued, dismissed, or otherwise resolved in a remarkably simple way.  Not bad for having such a busy week right before Christmas.

It started with my trial scheduled on Tuesday.  The 7th trial date in that case.  The defendant had filed another motion to continue.  After calling everyone I possibly could, the court finally confirmed at 4pm on Monday that the trial date would be continued.  I was extremely annoyed, but glad to have Tuesday free, especially since my client was counting on it being continued.  Then Wednesday I had to drive out of town for a trial that I knew we would dismiss once I could actually get the defendants to talk to me long enough to work out a settlement, and that is exactly what happened.  It was a waste of a day in one sense, but it was a good result under the circumstances, and I was able to stop at the outlet mall on the way home.

Yesterday I had a jury trial scheduled, but, good news for my client, the prosecutor dismissed the case.  Actually, that's great news for my client, but it was a little disappointing for me.  I bought a new suit just in case I actually got to pick my first jury.  Fortunately, I realized beforehand that a dismissal was likely, so I didn't get too excited and I didn't spend too much time preparing.  Then today, I was supposed to have a traffic trial, but the prosecutor forgot to subpoena the other driver, so I got another dismissal.  She tried to blame it on some kind of technical difficulty (even though the cops were subpoenaed) and moved for a continuance, but I strenuously objected and the judge dismissed the case.  Actually, I didn't use the word strenuously; either the judge or the prosecutor added that for me, which was kind of funny.  Coincidentally, it was the same judge and prosecutor from the dismissal the day before, so I was glad they were in such a good mood about two dismissals in a row.  I'm sure they both preferred that to two trials in a row.  Finally, I had a civil hearing today with a judge who is known for being particularly particular, but I was prepared and she was in a good mood and it went quickly and smoothly and turned out just as I hoped.

And now I am exhausted and ready for Christmas.

100% fun

I almost don't need real vacations, because the YLD conferences are so fun.

I just used a calculator to figure out roughly how the time is allocated at a conference to different activities, based upon my experience at the last three conferences.  This is obviously non-scientific and based only on my own limited experience.

15% - Programming, including CLEs, bar leadership stuff, plenary sessions, etc.  I actually attend this stuff, although I have learned it is somewhat less than required/expected.  Yesterday, I actually stayed for the entire Young Bar Leader Summit, even though I thought some of it was less than useful, because I realized people had put a lot of effort into planning it and it just seemed respectful to help make sure there were participants, especially for the sake of the invited speakers.

15% - Semi-formal networking, business meetings, luncheons/dinners that are not that fun.

30% - sleep, work, wasted time, time spent getting ready for events, etc.

40% - socializing, including organized events like the dinner dance, semi-organized events like, "come by the hospitality suite before dinner," official after-parties, unofficial after-parties, meeting new people in the hotel bar with a shared love/hate of the same sports team, etc.

100% - (minus sleep time, usually) networking, career building, professional relationship building.  I love the fact even when we are having lots of fun, it is still professionally valuable.  Last night in the hospitality suite, over drinks, a couple of attorneys who had never met before made plans to meet up later to review a real estate purchase contract and discuss title insurance.  At the dinner dance, while watching people on their hands and knees playing a game where they replace a tire on a car, I told another attorney about the section of litigation.  While watching football, another attorney and I exchanged ideas about service projects for our local bars.

Next, I'm going to do a non-scientific study of the percentage of conference attendees hook up with someone at conferences, and what percentage of those people are actually single.

Settled law

Dear God/All Great Jurists of History/My Assigned Panel,
Please don't let me mess up in court today.  Help me remember first year contracts.  Don't let it be my fault that the entire concept of unilateral contracts is overruled.  And please help me get attorney's fees, too.

Maybe I should believe in ADR

It was over four years ago that I titled my blog "Law v. Life."   The conflict only grows and evolves, and I think I want to switch sides.

I started this blog (well, it's predecessor) the summer before my second year of law school.  I had recently received the most disappointing grades of my life, and didn't know if I had the drive to excel in law school, or if it really mattered as much as everyone made it seem.  I was waiting to find out if I had made it onto law journal, which, even more than grades, was treated like the ultimate prize.  I was anticipating on campus interviewing, which meant endless spreadsheets and research and drafts of cover letters and resumes, all of which often felt hopeless.  And I was working at my first legal job, which was frustrating because it had turned out to be one of those experiences that taught me what I didn't want to do, even though it was a great job.  I was also taking classes that summer, so I still had to worry about exams and papers and grades while working. 

It was so easy to get caught up in the expectations and demands of "law," and that wasn't necessarily bad.  My obsessive preparation for OCI is almost certainly what got me so many interviews despite my less than stellar grades.  Spending time analyzing the true benefits of being on a law journal led me to choose to join the Ohio State Journal of Criminal Law, which turned out to be one of the best experiences I had in law school.  And yet, I also made a conscious choice not to worry about grades and to just focus on enjoying my classes.  I decided that summer that I was going to let "law" come first for a while, in a positive and fulfilling way.

Part of why I chose "law" over "life" that summer was because I had pretty much had it with the "life" option.  I had just ended a long-term, destructive relationship.  After three-and-a-half years together, I last spoke to my ex about two weeks before I started the blog (and I worked hard to resist the urge to vent about him online).  The end of that relationship and the things I discovered about what it had really been led me to question my own judgment and perception.  I didn't want to go home (from working in DC for the summer) to the apartment and places that were full of painful memories, and I also felt totally alone in DC and unable to think about anything but my pain.  I didn't have many close friends at the time because of that relationship.  And my sister had just been diagnosed with bipolar disorder.  "Life" didn't seem like the way to go at the time.

Four years later, "law" continues to win.  I do not regret that I made the choice to put law first because it allowed me to succeed and to heal.  I enjoyed and did well my last two years of law school.  I work at a firm where I have lots of responsibility and actually get to go to court regularly.  I do not doubt that this is the career I was meant for, and I love having the law touch on all aspects of my life, without remotely being a workaholic. 

The problem is, I no longer need to immerse myself in law to escape from life, but law is still all I have.  And while I was once able to get everything I needed from law, now that I'm not, it's almost like I resent it for not giving me enough anymore or giving me something to take its place.   As work becomes more and more stressful, I need something separate from work to get me through.  I keep searching for that something, but "life" sometimes feels unattainable, or maybe just unrecognizable.  It's like no matter how much I want the other side to win, I can only be on one side of the "v".

Join the YLD!

What a weekend...  I arrived around 6am this morning, after another awesome YLD conference.  This one was a little less insane than Montreal, which was probably good.  But it was just as fun, productive, and generally awesome.  I can repeat it, because it's true.

If you are a lawyer under the age of 36 or admitted to practice for five years or less, you need to join the American Bar Association Young Lawyers Division.  Now.  As in click here right now to learn more and join.  Are you a member now?  If not, stop reading, click like I told you, and come back when you are.  There are no dues for the YLD, but ABA membership is required.  And let me tell you, ABA membership is totally worth it.  If you explore all that the ABA has to offer, this will be your most valuable membership.  If you are a law student, join the law student division now.   No one who is a law student or lawyer is permitted to continue reading until they confirm in the comments that they are an ABA member.  (And you know you want the real stories from the weekend...)

As a student, the publications alone made my ABA membership worthwhile.  Once I was licensed, the Section of Litigation's CLEs were what I valued most.  Just based on the publications and the programming, I would have encouraged every lawyer or law student to join.  But now that I have become active in the YLD, I have realized that those things are only the beginning.   The ABA YLD offers real opportunities for networking.  It is the gateway to leadership in the ABA.  And it provides a window into the meaningful public service and policy work of the ABA.

Some lawyers and certainly their employers have the perception that the ABA is too big to be of much of a benefit in terms of networking.  Well, that's just stupid.  It can be more intimidating, but it also means there are that many more people to network with.  And the YLD makes it easy.  When I walk into a room of two hundred litigators for a reception, I don't really know what to say to them, and even if I did, most of them work at huge law firms, so they are never going to refer business to me (which is, of course, how firms measure the benefit of networking, even though it goes so far beyond that).  The YLD is different than the huge substantive sections though.  Every person you meet will be friendly, want to know who you are, what you do, and how you and they can have a mutually beneficial relationship.  Because everyone is at the same point in their career, or just a few years further along, everyone has the same needs and so people reach out in a way that is truly surprising.  And because our commonality is that we are young lawyers, not that we all practice the same type of law, there is far more potential for actual referrals than when you are surrounded by lawyers who are competing for the exact same type of work.  And even if you do the same type of work, more of the young lawyers work at smaller firms or in government work than you might meet in the larger ABA so they might need you to handle something in another state for them, and even if they are at big firms, they would sometimes rather refer work to a fellow young lawyer than to a branch of their own firm that they have no real connection to.  Networking and rainmaking is not just about direct referrals either, so because you develop actual friendships with these people, over the years it is impossible to predict what connections your YLD activity will lead to that could benefit you professionally.

The YLD actively prepares its members to transition to leadership in the other sections of the ABA (the "Big Bar"), which is extremely beneficial given just how big the ABA is, and how challenging it can be or feel to penetrate that.  I won't ramble on about that aspect, since I probably have before, and because it is pretty obvious and explained better on the YLD website than I can do quickly.

The other cool thing about the YLD that I really began to appreciate this past weekend is that it is committed to serving society, as is the ABA.  I knew that the ABA took strong positions on legal issues and on social issues that relate to justice, but I never really knew the extent of it, or, more importantly, how to be a part of that aspect of the ABA.  Well, the YLD is the way.  It comes up with its own initiatives and it also uses its members, resources, and energy to help implement larger ABA initiatives.  These things include everything from providing legal services to victims of natural disasters (through a contract with FEMA), creating the Choose Law project which shows young people why and how to pursue a career in the law (to promote diversity in the profession), or participating in the Wills for Heroes program in which basic wills are prepared for first responders (police, firefighters, etc.) at no charge.  Wills for Heroes is such a cool program that I am already coming up with ideas about how to offer it in Ohio next spring.  Email me or leave a comment if you are interested in helping.

The other cool thing that I got excited about at this conference is ABA Day.  This is a day, once a year, when ABA leaders go to Washington to lobby members of Congress about ABA policy priorities and other issues of importance to the ABA.  In the past this has intrigued me, but I never quite understood how it worked or how to get involved.  Well, this coming year, the YLD has scheduled its spring conference to take place in DC to coincide with ABA day in April.  This is  a great idea, because it will get so many more young lawyers out for ABA day and will make the day much less intimidating.  I still don't fully understand how ABA day works, but the YLD will make sure that in the coming months I have all the information I could possibly need.

So, go join the ABA YLD if you didn't listen to me a few paragraphs back, and let me know if you have any questions.  If I can't answer them, I will get information from or put you in touch with someone who can.