Advice for young lawyers and law students: Get practical experience

The general consensus seems to be that most law schools do little, if anything to prepare their students for the actual practice of law. It is a constant refrain on many law blogs devoted to legal practice and marketing, and law firms seem to grumble about it, too.

Susan Cartier Liebel, of Build a Solo Practice, LLC, gets a glimmer of hope upon hearing a radio ad for a law school that touts its preparation of students for the actual practice of law:

I was truly impressed. Maybe, just maybe, not every law school aspires to be the next Yale. Maybe, just maybe, more positions will open at these law schools for adjuncts who actually practice law. Maybe, just maybe more law schools will opt out of competing for artificial ranking in U.S. News and World Report. And maybe, just maybe, as we preach to new lawyers to fashion practices centered around the client those same law schools will fashion educational programs around the needs of their clients, the students. And maybe, just maybe, the ABA will loosen up or revamp their accreditation process to mandate more skills training so the education makes more sense in the real world.

That would be nice, wouldn't it? I have to admit that I was awfully caught up in the old way of doing things. The reason, I think, is that I loved the process of learning the law. Loved it. I'm one of those guys that was always volunteering answers in class instead of praying that the professor wouldn't call on me. I relished the hours in the library, briefing cases, reading hornbooks, and drafting outlines. Geez, I think I even liked exams! 

I did very well in law school, and I guess I just assumed that my law school success would eventually lead to success in practice. The "ideal" career model at the time seemed to be to get a job with a big law firm (which I did), spend the first few years in the library and learning the ropes (which I did), gradually take on more responsibility for dealing with clients (which I did), and eventually start networking and bringing in clients (which I never got the hang of), after which you eventually made partner (which I never had a realistic shot at — see "bringing in clients"). 

In retrospect, neither my approach to school nor my career path were the best for me. Sure, I loved law school, but I failed to take advantage of clinics that could have taught me more of the nuts and bolts. 

And the big firm? I really didn't like most of my big firm time, and would have gained a heck of a lot more practical experience, and probably a lot more skill at networking and business development, at a small firm. 

It's never too early to start gaining practical experience. Do it in law school, if you can.

Have I been too negative?

Until my last post, I did not even have a "successes" category of posts. Oh, I already had categories ("labels," in Google Blogger parlance) regarding state of mind, like "attitude," "motivational resources," and "personal." But nothing explicitly designating a success.

Odd as it may seem, especially with my recent comment that this is a sad blog, I hadn't really thought that I was writing this blog or running my practice with a severely negative attitude (somewhat negative, sure). But I suspect that my lack of a "successes" category up to this point is because I was being too negative and overlooking other successes.

It took a big one like this — which I'm hoping is a sign of things to come — for me to start a "successes" category. Here's to many more posts going into that category!

UPDATE: You used to see this in my sidebar:

Not anymore. No doubt I will still use humor to get by tough times, but I think I'll try to keep it uplifting. I realized that sidebar gadget was violating my advice not to joke about failure.

Hallelujah! The blog finally brings in a paying client!

I can't believe it! After nearly 18 months of blogging, during which I put up more than 600 posts, finally — finally — I have signed up a paying client that found me through my professional blog (not this one, obviously — my other blog).

This started coming together last Thursday, when I picked up a voicemail from someone who had come across my blog. Immediately, I knew this contact had potential, but I was afraid even thinking about that would jinx it. A couple of phone calls later, a couple hours brainstorming at the client's office yeserday afternoon, and . . . I was driving back to the office with a $5000 check in my briefcase.

I had just about given up hope, especially with a severe run of people looking for free legal services a couple of months ago.

Let's hope this new client is a sign of things to come!

A crushing realization: I'm on the dole.

I never applied for welfare.  That is, I never went to a government office and said I was out of work and needed money.  But I find myself on the dole nonetheless.

How?

The "Earned Income Tax Credit."  From the IRS website:

The Earned Income Tax Credit (EITC) sometimes called the Earned Income Credit (EIC), is a refundable federal income tax credit for low-income working individuals and families. Congress originally approved the tax credit legislation in 1975 in part to offset the burden of social security taxes and to provide an incentive to work. When the EITC exceeds the amount of taxes owed, it results in a tax refund to those who claim and qualify for the credit.

In other words, I last year I had so little income that, notwithstanding substantial premature, taxable withdrawals from my IRA, my tax liability was still less than the EITC, and the government is giving me the difference. 

I was expecting to owe a lot in federal income taxes because not all of my premature contributions had tax withheld.  When my tax preparer told me last week (I had an extension) that I was going to get money, I asked how that was possible.  When he told me it was the EITC, I felt bad enough, but then he added: "That's highly unusual.  I only have one or two people a year that qualify for that."  Gee, thanks for making me feel worse!

Yeah, I know that a lot of people say that the EITC is not welfare because it goes to "working people."   In other words, they claim that because it's not simply doling out money to people without a job, then it's not welfare.

But it's the government giving me money because I'm in sorry financial shape.  It's hard for me to rationalize that away as just another "tax deduction."

As with most setbacks, I am going to try to turn this into a positive.  I've never had a motivator this strong, and you can bet that if I am ever as successful as I think I have the potential to be,  I will look back on this time as a driving force. 

The Rationale Behind the New Sidebar Header Photo

My wife has known about this blog almost since its inception, but I don't think she's ever read it. She knows it is therapeutic for me to get my thoughts down. But she's not that familiar with the overall tenor of the blog.

This weekend, I added the photo you see under the "About Me and this Blog" heading in the sidebar. My wife, sitting next to me on the sofa, where I was working on my laptop, noticed the photo.

"Oh, that's such a sad photo!" she said.

"It's a sad blog," I responded.

I think she may read it now.

On the brighter side, I've lightened up the blog.  No more black background, a little more color.  A little more cheery.

UPDATE (10/29/08):  Maybe I should have said this is a sad blog so far.

I Should Have Such Problems

A couple of weeks ago, a lawyer in Nevada named Tami Cowden ran a couple of posts on her Appealing in Nevada blog about the odd number of resources available to lawyers who want to transition out of practice.

In her first post, she wondered, do other professions act like this?

In her second, she hits on one of the reasons that lawyers get discouraged about practicing law, and puts it in personal terms when she writes: "[I]n my more cynical moments, I have described commercial litigation as working for wealthy people who can’t get along."

I think that is a very common sentiment among litigators, especially among associates in big law firms. I had the same feeling myself on occasion when I was an associate. I even had an associate from the adverse firm express that sentiment to me about the case in which we faced each other! So, like many lawyers, I thought at times that there simply had to be better uses of my time.

I acted on that impulse, but by going into a different area of law rather than leaving it entirely.

Now, of course, I long for a few well-heeled clients, no matter how inane their problems, as long as I could turn those problems into paying work. Trust me, all you associates complaining about how your work is not rewarding — it could be a lot worse. You could be in my shoes. That thought won't get you through thirty years of an unsatisfying career, but it should provide at least temporary solace. Perhaps it will at least keep your work from suffering or give you a more sober view of your options.

I'm not trying here to belittle the concerns of lawyers facing career dissatisfaction. Remember, I was once in your shoes. I'm just providing a little perspective.

By the way. Ms. Cowden's second post goes on to describe a particularly satisfying occasion, which is worth reading about.

Back Up and Running

One of the problems with a struggling practice (beside the obvious financial hardship) is that it causes one — or causes me, more accurately — to think from time to time that if I can just make it past — X being whatever obstacle I see in my way — then things will improve. There are a couple of problems with that approach.

I'll illustrate both problems by analogizing to my first (and, to date, only) century (100-mile bike ride), in which the course ran through the Sierra foothills (but it was not the California Death Ride, which would have been impossible for me). Suffice it to say that I finished, but that I wasn't in nearly the shape I should have been.

Now, to the problems.

First, X might not go away. Because the century course ran through the foothills, there were many twisty ascents, and the view around each curve was usually obstructed by evergreens, so you couldn't usually tell what was around the next turn, let alone how far it was to the summit. If I had a nickel for every time during that ride that I looked up in exhaustion and thought, "the summit has to be around the next curve" only to find yet another climbing turn in front of me, I would have been able to retire my student loan debt a few years early. What might not go away, or at least last far longer than you think you can stand in your practice? How about a lack of business, or perhaps some personal financial setbacks?

Second, even if the X is removed (or, better yet, overcome), that doesn't mean you have long to wait before you meet the next X. My relief at reaching each summit in the bike ride lasted just until I finished coasting back to the bottom, when it was time for the next climb. So, it's not necessarily going to be smooth sailing.

These thoughts are brought to mind by the fact that I finally replaced my computer and wireless internet card. That's one X out of the way . . . I no longer have to do a lot of work on my living room computer. And I cannot even being to convey how demoralizing that theft was. I really felt I was being kicked while I was down.

So, I'm wondering what my next X will be and when it will hit. Not in a sad sack, "poor me" sort of way, but in a "I want to be prepared" sort of way.

Whatever it is, it's nothing that more business can't help.

Please, Please Stop Asking Me for Free Legal Services

Image via Wikipedia I just can't stand it anymore. Since the exceptional low point nearly three weeks ago of having my computer stolen, at least six people have asked me to represent them for free. What gives? Why do you think I would do that? I'm barely scraping by here.

If you need free legal services, call a public service organization related to your concern or call your county bar association and see if they have a pro bono panel, i.e., a slate of lawyers willing to provide free representation in the right circumstances.

Stop calling me, unless you're prepared to pay a reasonable fee. I mean it. I'm beginning to feel like I have a "kick me" sign on my back. You're going to drive me insane.