Hello all,
1. Apologies for the delay in writing- it's been a hectic couple of weeks with work, trying to find work, figuring out the start-up costs for my firm, etc. So let's start with the most significant update in the goal of being established on my own:
2. I met with a potential client! This was through the Santa Clara County Bar Associations Modes Means panel. I feel I must drop a plug for this program for a couple of reasons. First, it worked! I signed up, and got a referral relatively quick and have a meeting with a potential mentor at the end of the week, so there are checks and balances for new attorneys. Second, it provides a valuable service to the public- especially in matters that may not be court appointed, it is nice to know that there are places to go for sliding scale rates. As for the client meeting, it all happened pretty fast, and big props to Leela for suggesting that I not have the interaction in my home. (See below for needing an office space.)
3. After a productive networking event last week with the Santa Clara and San Mateo County Bar Associations' Barristers section, I got some valuable information on the Private Defender program in San Mateo. I'm hoping to get some more information on the viability of being a panel member, and the cost to meet the requirements. (Currently, you need to have a PO Box in the San Mateo/Palo Alto area, and have a place to meet clients.)
4. Dovetailing from #3, I'm beginning an ongoing list of things I'll need, and costs, so that I can set up a budget. Things like all-in-one printers, legal research libraries, office space, phone lines, etc., are being considered. It's daunting to be sure, but I know if I don't confront it head on, I will certainly regret it.
5. Having spoken with a friend of mine who's in the biz of web development (shotout to Dani), I'm spending more and more time thinking about my own website and what it needs to help me and generate clients and perhaps even independent revenue. Right now, I'm really liking sites like myshingle.com that take national legal events and boil them down to solo practice. It's a good model, and one that I hope to learn from and incorporate in to my own practice.
6. Pursuant to further good suggestions from Leela, supra, I'm considering some "weekly features" of the blawg. These features would essentially and simultaneously do two things: keep you coming back to read, and force me in to a routine of writing. Kind of a chicken-egg thing, you know? Potential ideas right now are simple legal advice on say, a Monday (ex., how to deal with a ticket, write a demand letter, file in small claims court, etc.) a wacky law story deal on Fridays. Thoughts?
7. I'm currently working on a writ of mandate for my day job- hence the numbered paragraphs.
8. Those are the bulk of the updates. Yes, everything is still very much up in the air, and it's scary as hell. Still, I have a great support network from my loved ones (especially those of which have an inclination to reference one great movie from the 90's), and I think I'm making some headway into establishing a good professional support network. I've discovered that while solo practitioners (and again, I'm having a HUGE issue spelling that word) work very much independently, there still exists a largely fraternal atmosphere to those who "go it alone." Perhaps it is that lonely nature of the work, or perhaps the desire to see others succeed- either way, I am grateful for tapping in to it and I hope that somewhere down the line I can return the favor.
Wednesday, July 29, 2009
Thursday, July 16, 2009
The Other Bar
(Blawger's Note: The videos you are about to see are long, kinda funny, extremely sad, and very real. They capture a Las Vegas attorney who was visibly intoxicated trying to get his lawyer on. The result? Judge ordered blood test of the attorney and a mistrial. Viewer discretion is advised.)
Video 1 of 4
2 of 4
3 of 4
4 of 4
Now, as many of you know me, I can't really play the moral high ground here and chastise anyone for drinking. I've been colossally drunk before- embarrassing both myself and others in the process. There's not too much pride in that, although there have been some amusing stories. Still, I don't think there should anything amusing about putting a client's freedom (this was a kidnapping case which I know for a fact in California carries a possible life sentence) on the line.
So how do attorneys get to this point? My evidence professor once commented that working on Child Pornography cases (as a Deputy DA) justified drinking. I was and still am inclined to agree. The practice of law is stressful. People are asking more than you give them when they are at their absolute worst. Sometimes people think you can fix everything- sometimes this may be the case, but it's still a lot to expect. I think that leads a lot of attorneys to drink.
And sure, a lot of people can drink, go to work and get stuff done. (Seems like all of my friends do this, actually.) But when your substance abuse starts to put clients' interests at risk, the bar should, and does step in.
New attorneys and old out there, what do you guys do to stave off stress? I would be interested in the responses, so as to avoid the oh-so intelligent decision of showing up to court drunk.
Post Script: Joe Caramagno is still alive and well out there in cyberland, despite being listed as inactive on Nevada's State Bar website. Hmmm...
Post Post Script: For any of you attorneys out there that fear you may have substance abuse issues, I implore you to contact the Lawyer Assistance Program. They offer confidential counseling to attorneys who are suffering from substance abuse and mental health issues.
Video 1 of 4
2 of 4
3 of 4
4 of 4
Now, as many of you know me, I can't really play the moral high ground here and chastise anyone for drinking. I've been colossally drunk before- embarrassing both myself and others in the process. There's not too much pride in that, although there have been some amusing stories. Still, I don't think there should anything amusing about putting a client's freedom (this was a kidnapping case which I know for a fact in California carries a possible life sentence) on the line.
So how do attorneys get to this point? My evidence professor once commented that working on Child Pornography cases (as a Deputy DA) justified drinking. I was and still am inclined to agree. The practice of law is stressful. People are asking more than you give them when they are at their absolute worst. Sometimes people think you can fix everything- sometimes this may be the case, but it's still a lot to expect. I think that leads a lot of attorneys to drink.
And sure, a lot of people can drink, go to work and get stuff done. (Seems like all of my friends do this, actually.) But when your substance abuse starts to put clients' interests at risk, the bar should, and does step in.
New attorneys and old out there, what do you guys do to stave off stress? I would be interested in the responses, so as to avoid the oh-so intelligent decision of showing up to court drunk.
Post Script: Joe Caramagno is still alive and well out there in cyberland, despite being listed as inactive on Nevada's State Bar website. Hmmm...
Post Post Script: For any of you attorneys out there that fear you may have substance abuse issues, I implore you to contact the Lawyer Assistance Program. They offer confidential counseling to attorneys who are suffering from substance abuse and mental health issues.
Tuesday, July 14, 2009
What? No Craigslist ad?
I've had some terrible interview experiences. There was a certain District Attorney's office that chastised me for not liking Giada de Laurentiis. (See parenthetical below- I promise I will learn how to footnote as I evolve as a "blawger.") There was the 15 minute power-house interview with San Bernardino Public Defender's Office where I was certain the corpse of a 17th Century Amish mute would have had more personality. (Apologies to any zombie Amish, please do not buggy to my apartment and eat mah brains.)
Still, despite and maybe even because of these terrible interview experiences, I was a little disappointed that Craigslist or Indeed didn't let me know of the most recent vacancy to our nation's highest court sooner. I mean, I have the appropriate degree, right? I weighed in handedly when my 1L section discussed important precedents. (Actually, I pioneered the methodology known as "doodle-briefing" and really wish I still had that notebook.) I disagreed with Scalia for all the right reasons and always thought Kennedy seemed like a nice guy. (Is he related, anyway? Shouldn't he be dead or drunk or something?) My six months' felony experience measures up to any Appellate Court judge. (I mean, I'm pretty sure clerks do all the work while the justices wear black robes with our imagination's reeling as to what's on underneath.)
In any event, and with all tom-foolery aside, I can't help but feel that I need to weigh in on the current confirmation hearings. First, even with my infantile experience, Supreme Court precedent has dictated a lot of my actions as a young attorney. That's kind of neat. It's easy to say discovery, Brady, Trombetta motion, and Miranda and forget that 9 justices had to get to some kind of consensus first. To me, at least, it's kind of incredible that my profession enjoys that trickle-down effect. Which leads me to having to weigh in on the current lady in the hot seat.
Firstly, can't really hate on her too much. She's the mother of a nurse. Bah! You've already won my empathy. (Or wait, is it sympathy? I never paid attention in English, since I already knew the language, and it didn't affect me that much. Wait... is that effect? Damn!)
Second, she's enjoyed a pretty diverse legal career. Big city prosecutor, corporate litigator, trial judge, appellate judge. She's even participated in a police chase. (See NY Times article, supra.) Ok, fine, you're a badass chick from the block and I will not talk about the rocks that you got.
Here's where I will get concerned, though. (Curve Ball alert) I DO NOT CARE ABOUT REVERSE RACISM, WISE LATINA COMMENTS, EMPATHY, BLAH BLAH BLAH. Honestly, it's getting beaten to death with some issues being left by.
First, I get concerned as a defense attorney about the big city prosecutor experience, chica. Are you gonna screw with the Fourth or Sixth at all? Please don't. K, thanks.
Secondly, are you gonna mess with abortion? Much obliged if you don't.
Finally, keeping in mind that Supreme Court nominees are pretty much the longest lasting legacy a prez can leave, are you gonna be flexible? We all know that Clarance decides cases without hearing opposing arguments, and that Scalia is a slave to the text of the Constitution, but what I like in a Justice is the chance for a departure from an expected agenda. Mostly, b/c it makes the bench all cook and zany, but partially because I'm a secret fan of judicial independence.
Good luck in the hot seat, mamà .
(Ok, I have to sidebar this in a parenthetical, as there's a lot to say on it. First, sorry to those who I may offend in this tirade. Second, I am, without a shred of doubt or hubris, one hundred percent accurate. Giada is terrible. Her food? Meh. Her head? Gigantic. The fact that she pops one button too many to obscure the former set-backs? Deplorable. Her over-pronunciation of Italian phrases? Nails on a chalkboard, people. Before you get on the defensive, please scroll up to the second caveat.)
Still, despite and maybe even because of these terrible interview experiences, I was a little disappointed that Craigslist or Indeed didn't let me know of the most recent vacancy to our nation's highest court sooner. I mean, I have the appropriate degree, right? I weighed in handedly when my 1L section discussed important precedents. (Actually, I pioneered the methodology known as "doodle-briefing" and really wish I still had that notebook.) I disagreed with Scalia for all the right reasons and always thought Kennedy seemed like a nice guy. (Is he related, anyway? Shouldn't he be dead or drunk or something?) My six months' felony experience measures up to any Appellate Court judge. (I mean, I'm pretty sure clerks do all the work while the justices wear black robes with our imagination's reeling as to what's on underneath.)
In any event, and with all tom-foolery aside, I can't help but feel that I need to weigh in on the current confirmation hearings. First, even with my infantile experience, Supreme Court precedent has dictated a lot of my actions as a young attorney. That's kind of neat. It's easy to say discovery, Brady, Trombetta motion, and Miranda and forget that 9 justices had to get to some kind of consensus first. To me, at least, it's kind of incredible that my profession enjoys that trickle-down effect. Which leads me to having to weigh in on the current lady in the hot seat.
Firstly, can't really hate on her too much. She's the mother of a nurse. Bah! You've already won my empathy. (Or wait, is it sympathy? I never paid attention in English, since I already knew the language, and it didn't affect me that much. Wait... is that effect? Damn!)
Second, she's enjoyed a pretty diverse legal career. Big city prosecutor, corporate litigator, trial judge, appellate judge. She's even participated in a police chase. (See NY Times article, supra.) Ok, fine, you're a badass chick from the block and I will not talk about the rocks that you got.
Here's where I will get concerned, though. (Curve Ball alert) I DO NOT CARE ABOUT REVERSE RACISM, WISE LATINA COMMENTS, EMPATHY, BLAH BLAH BLAH. Honestly, it's getting beaten to death with some issues being left by.
First, I get concerned as a defense attorney about the big city prosecutor experience, chica. Are you gonna screw with the Fourth or Sixth at all? Please don't. K, thanks.
Secondly, are you gonna mess with abortion? Much obliged if you don't.
Finally, keeping in mind that Supreme Court nominees are pretty much the longest lasting legacy a prez can leave, are you gonna be flexible? We all know that Clarance decides cases without hearing opposing arguments, and that Scalia is a slave to the text of the Constitution, but what I like in a Justice is the chance for a departure from an expected agenda. Mostly, b/c it makes the bench all cook and zany, but partially because I'm a secret fan of judicial independence.
Good luck in the hot seat, mamà .
(Ok, I have to sidebar this in a parenthetical, as there's a lot to say on it. First, sorry to those who I may offend in this tirade. Second, I am, without a shred of doubt or hubris, one hundred percent accurate. Giada is terrible. Her food? Meh. Her head? Gigantic. The fact that she pops one button too many to obscure the former set-backs? Deplorable. Her over-pronunciation of Italian phrases? Nails on a chalkboard, people. Before you get on the defensive, please scroll up to the second caveat.)
Monday, July 13, 2009
Hard Times...
I have this continually annoying habit on my morning commute- I listen to NPR. It's annoying for a couple of reasons:
1. It gives me things to talk about at social gatherings other than Daisy of Love, The Hills, and Lolcatz.
2. They talk about sports sometimes and it makes me want to elbow the nearest intellectual.
3. The current state of affairs is really freaking depressing.
Exhibit A:
Current State of California's Judiciary
Now, here's where my morning better-than-you radio plays a role. I'd recommend you give this report courtesy of the California Report a listen.
Exhibit B:
Why ballot initiatives piss off Patrick Coughlin
When taken together, you get the sense that if I want to carve out a nice little niche for myself, I'm going to have to be as resourceful as humanly possible. And that's fine. Part of my excitement to start my own firm is that edge and sense of accomplishment that working for yourself will bring. With that being said, I will get sick of California voters mucking it up.
Here's how I see it. I don't want to implicate the mass of California voters as dumb, shortsighted, ignorant, etc. Still, I can't help but think that when a special interest group slaps a pretty cause on a ill-thought plan, we have a tendency to... um... not really think it through. Sorry, I went there. And I would be remiss if I didn't include myself in all of this. I've been in the booth and fell victim to a sappy, feel-good cause.
But here's what's happening. Our legislators (who, yes, do not deserve much sympathy, if any) are essentially hand-cuffed by our own "initiative." If you listen to the California Report's report, I believe there is a reference to Sacramento's inability to cut from an afterschool program. The result? Cutting in to DURINGSCHOOL PROGRAMS! Selfishly bringing it back to me, as soon as I began to read the CalBar article, my brain did this:
Brain: Pat, hit "control", then "f."
Pat: K... now what?
Brain: Type in "appointed."
Pat: K... now what?
Brain: Read, moron.
Pat: Sob....
I know I'm pissing and moaning because it's less opportunity for me, but you know what? It's also less opportunity for those indigent who our Federal Constitution exists to protect.
1. It gives me things to talk about at social gatherings other than Daisy of Love, The Hills, and Lolcatz.
2. They talk about sports sometimes and it makes me want to elbow the nearest intellectual.
3. The current state of affairs is really freaking depressing.
Exhibit A:
Current State of California's Judiciary
Now, here's where my morning better-than-you radio plays a role. I'd recommend you give this report courtesy of the California Report a listen.
Exhibit B:
Why ballot initiatives piss off Patrick Coughlin
When taken together, you get the sense that if I want to carve out a nice little niche for myself, I'm going to have to be as resourceful as humanly possible. And that's fine. Part of my excitement to start my own firm is that edge and sense of accomplishment that working for yourself will bring. With that being said, I will get sick of California voters mucking it up.
Here's how I see it. I don't want to implicate the mass of California voters as dumb, shortsighted, ignorant, etc. Still, I can't help but think that when a special interest group slaps a pretty cause on a ill-thought plan, we have a tendency to... um... not really think it through. Sorry, I went there. And I would be remiss if I didn't include myself in all of this. I've been in the booth and fell victim to a sappy, feel-good cause.
But here's what's happening. Our legislators (who, yes, do not deserve much sympathy, if any) are essentially hand-cuffed by our own "initiative." If you listen to the California Report's report, I believe there is a reference to Sacramento's inability to cut from an afterschool program. The result? Cutting in to DURINGSCHOOL PROGRAMS! Selfishly bringing it back to me, as soon as I began to read the CalBar article, my brain did this:
Brain: Pat, hit "control", then "f."
Pat: K... now what?
Brain: Type in "appointed."
Pat: K... now what?
Brain: Read, moron.
Pat: Sob....
I know I'm pissing and moaning because it's less opportunity for me, but you know what? It's also less opportunity for those indigent who our Federal Constitution exists to protect.
Wednesday, July 8, 2009
A journey of a thousand miles
begins with the wheel in the sky turning, having it any way I want it, and, um, practicing law (relatively close) to that citaaay by the baaaaeeeaaaaay...
All Journey references aside, let this first blog entry serve as an introduction to my little sink-or-swim career experiment. That experiment? Succeed as a solo practitioner of the law. (It would probably serve me best by first practicing how the hell to spell practitioner- even with the red squigglies, it's difficult.)
So, let's first start with my desired audience:
* Well-wishers and all monetary contributors (benefactors who will be repaid with good spirits and high-fives)
* Foes who wish me ill-will who will ultimately eating a heaping slice of humble pie (a la mode, extra)
* People with constructive, ascertainable, GOOD advice. I can't emphasize each of those adjectives enough. I've done enough landscaping of forums out there to realize that, "You should get a good client base," or, "Have you thought about getting a new career," are not exactly any of those.
* People who are bored and just want to see me struggle. As I'm sure anyone who witnessed me ocean kayak as a very fat 330 lbs college freshman will attest, me doing difficult things has a certain hilarity to it. I doubt this adventure will be any different- preferably with less saltwater, though.
Audience and their requirements aside, let's move to what I hope to accomplish from this little blog:
* Honestly, I have no idea what I'm doing. I really do need suggestions, and I'd like to think that I'm not above myself to take advice, and turn it in to something tangible and beneficial to my practice and my growth as an attorney.
* These are difficult times- there is no doubting that. Like studying for the LSATs, like studying in law school, and definitely like bar prep, we're all in this together. I'd hope to think that if there's anything I can pass along through my failures, successes, and ridiculous stories, it's worth it.
* Grow a successful practice! I love being a lawyer, but I also have this selfish need for proprietary interest in my work. If I can do this, look back, and be proud that my name is on it, I know I will have done what I need.
The strategy:
* Currently, I'm working for a small defense firm in Aptos that handles criminal matters out of prisons in Monterey County. As a consequence, my 1999 Mazda 626 has seen better days. With a strong desire to practice in the South Bay, I've begun the process to establish a name up here. The first step was applying for malpractice insurance. Upon receipt of coverage, I can apply for legal referral panels, get on some court-appointed panels, and perhaps even get on the panel to do parole hearings for lifer inmates.
*So... that's where we're at. As soon as things progress, I'll keep you all posted, and I welcome your input.
All Journey references aside, let this first blog entry serve as an introduction to my little sink-or-swim career experiment. That experiment? Succeed as a solo practitioner of the law. (It would probably serve me best by first practicing how the hell to spell practitioner- even with the red squigglies, it's difficult.)
So, let's first start with my desired audience:
* Well-wishers and all monetary contributors (benefactors who will be repaid with good spirits and high-fives)
* Foes who wish me ill-will who will ultimately eating a heaping slice of humble pie (a la mode, extra)
* People with constructive, ascertainable, GOOD advice. I can't emphasize each of those adjectives enough. I've done enough landscaping of forums out there to realize that, "You should get a good client base," or, "Have you thought about getting a new career," are not exactly any of those.
* People who are bored and just want to see me struggle. As I'm sure anyone who witnessed me ocean kayak as a very fat 330 lbs college freshman will attest, me doing difficult things has a certain hilarity to it. I doubt this adventure will be any different- preferably with less saltwater, though.
Audience and their requirements aside, let's move to what I hope to accomplish from this little blog:
* Honestly, I have no idea what I'm doing. I really do need suggestions, and I'd like to think that I'm not above myself to take advice, and turn it in to something tangible and beneficial to my practice and my growth as an attorney.
* These are difficult times- there is no doubting that. Like studying for the LSATs, like studying in law school, and definitely like bar prep, we're all in this together. I'd hope to think that if there's anything I can pass along through my failures, successes, and ridiculous stories, it's worth it.
* Grow a successful practice! I love being a lawyer, but I also have this selfish need for proprietary interest in my work. If I can do this, look back, and be proud that my name is on it, I know I will have done what I need.
The strategy:
* Currently, I'm working for a small defense firm in Aptos that handles criminal matters out of prisons in Monterey County. As a consequence, my 1999 Mazda 626 has seen better days. With a strong desire to practice in the South Bay, I've begun the process to establish a name up here. The first step was applying for malpractice insurance. Upon receipt of coverage, I can apply for legal referral panels, get on some court-appointed panels, and perhaps even get on the panel to do parole hearings for lifer inmates.
*So... that's where we're at. As soon as things progress, I'll keep you all posted, and I welcome your input.
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