Solo Practitioners

There is some bitterness in the Potato State.

Can you withdraw from a criminal case simply because you think the court is “lazy” and “incompetent”? I’d think “no,” otherwise defense lawyers would have a legitimate out well over 50% of the time. But one lawyer in Idaho is making the case that he should be let out of his obligations because he can’t stand the court.

There are positives with the test attorney Eric J. Scott would like to apply. Would that we could drop out of anything simply because the people we work with are lazy. But at the end of the day, it’s hard to tell if Scott is reasonably concerned that the court is too stupid to be respected, or if he’s just bummed that he’s losing….

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Luz Herrera

The economy had to tank and a lot of people had to become unemployed for law schools to ask: ‘How can we help people hang out their shingle?’

Luz Herrera, a professor at Thomas Jefferson School of Law, commenting on the need for law schools to establish solo practice incubators. In 2007, CUNY School of Law was the first school to introduce such an innovative program for its graduates.

The legal profession isn’t known for its sense of humor. On the contrary, most attorneys take themselves way too seriously. As a result, we see some pretty ridiculous attorney advertising that ends up being unintentionally funny. And while we’re happy to poke gentle fun at these websites and ads, our commentary isn’t always well received. Because another thing that lawyers aren’t known for is the ability to accept criticism.

Knoxville attorney Stephen A. Burroughs, a personal injury and auto accident lawyer and my new favorite person, is an exception to these rules. Anyone from the Knoxville area is likely familiar with Burroughs, having seen his serious, bearded face on billboards all over town.

The ads were so ubiquitous, and Burroughs’s gaze so smoldering and intense, that someone created a Facebook page devoted to Stephen A. Burroughs Memes, transforming Burroughs into Knoxville’s answer to The Most Interesting Man in the World. As the Facebook page gained popularity, the funny memes started pouring in.

Even better than the jokes, though, was Burroughs’s unexpectedly awesome response….

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We have the makings of a trend: inappropriate contacts between participants in jury trials. These contacts can be problematic because a jury trial constitutes a delicate ecosystem, in which contacts and communications between actors are regulated strictly to ensure the fairness of the proceedings.

We recently mentioned a case where a juror got sentenced to community service after trying to friend the defendant on Facebook. Well, at least he didn’t try to “poke” her (although perhaps a desire to poke her is what prompted the problematic friend request).

Now we bring you news of, er, more intimate contact between a witness and a lawyer — which culminated in a mistrial….

UPDATE (11:00 AM): Photo of massage therapist Liudmyla Ksenych, a petite and pretty brunette, added after the jump.

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Every time we do a post about a crazy attorney website, our readers send in even more tips about the seemingly endless supply of wacky websites that are out there (which we appreciate, so keep ‘em comin’). Rarely, however, do we get a tipster begging us to place a fellow attorney in Above the Law’s crosshairs. Until now: “Can you please, please profile this guy, Mark Davis from Toledo, Ohio?” Well, since you asked so nicely….

As far as we can tell from his many, many websites, Mark A. Davis, a solo practitioner in Ohio and Michigan, is a sort of jack-of-all trades who aims to corner the market in all ways possible. In his own words: “Attorney Mark Davis, founder of The Davis Law Office has always lived his life to accomplish nothing less than excellence.”

Here, excellence means, among other things, being able to break bricks with his bare hands (sadly, the video links to these feats are “private” and can’t be viewed). In his opinion, your attorney should not only excel in the courtroom, but “should be mentally tough and a gentleman warrior.”

This gentleman warrior has taken to fighting the good fight on almost all possible legal fronts. Really, it seems that there is nothing that his guy hasn’t tried to do, both in the courtroom and out. From martial arts to starving horses, keep reading to uncover the many talents of Mark Davis….

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I remember watching Legally Blonde while I was in law school and realizing even then how unrealistic it was. Don’t get me wrong, I loved the movie and I still do now, but I never for a second thought that my career would be anything like that. I was even more confident that there would be no pink suits in my professional wardrobe.

It seems that not everyone was quite as ready to accept the realities of the professional world. Meet the self-proclaimed Law Lady, Melissa K. Dubose. Ms. Dubose (or MkD, as she has dubbed herself) runs a solo criminal defense practice in Dallas, touting herself as:

A brazen straight-shooter with a passion for fighting injustice and a knack for uncovering doubt.

She also appears to have a knack for dressing as though she works in a David E. Kelley-created law firm. The main page of the website shows MkD in the requisite pink “suit,” staring into the sky with an almost super-hero-like gaze, perhaps caught in the middle of her fight against injustice.

This opening shot is just the beginning of the legal fashion show. A tour through the Law Lady’s website provides a good sampling of the legal services costume changes that MkD has to offer…

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In a column entitled Start-Up of You, Thomas Friedman of the New York Times made the case for a new model of career development. According to Friedman, this job market is “not your parents’ job market,” in which you could expect to move up the corporate ladder at a single company and then retire. In this job market, things are no longer so stable. To be competitive in this new market, Friedman suggests that you treat your career as if it were your own business. This means that you should constantly experiment and adapt, search for growth opportunities, and be resilient.

This is great advice for lawyers (both Biglaw and small-firm lawyers). This advice, however, can be taken even further. As many solo practitioners will tell you (and as one in fact did), having a law degree means that you can do more than treat your career as if it were a business; you can actually have a career where you have your own business….

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Ed. note: This post is by Will Meyerhofer, a former Sullivan & Cromwell attorney turned psychotherapist. He holds degrees from Harvard, NYU Law, and The Hunter College School of Social Work, and he blogs at The People’s Therapist. His new book, Life is a Brief Opportunity for Joy, is available on Amazon (affiliate link).

My client’s concise estimate of her second year at a big law firm:

“Meh.”

For months, the “career” consisted of one-third idleness, one-third word-processing, and one-third pointless research. That morphed over time into “managing” doc review, which morphed into doing doc review, which translated into odious hours staring at odious documents on a computer and clicking “responsive/relevant” or “privileged” or some euphemism for “embarrassing.” According to rumors at her firm, there’s juicy stuff squirreled away in electronic nooks and crannies – most notoriously, emails from execs’ hiring hookers. To date, my client’s experience of “doing doc review” has matched the edge-of-your-seat excitement of watching drywall compound discharge moisture.

“There are days I want to scream, ‘Who are we fooling?!’” she remonstrated. (Granted, there wasn’t much use remonstrating with me, since I’m her therapist. Sometimes you just need to remonstrate – to demonstrate you can remonstrate.) “This isn’t a career – it isn’t even a job. It’s a joke. Every day I think about quitting.”

But she doesn’t.

Why?

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Reema Bajaj: pretty and professional.

I have previously expressed my belief in the innocence of Reema N. Bajaj, the 25-year-old lawyer who has been charged with prostitution. This Illinois solo practitioner didn’t strike me as a prostitute — and some who know her personally concur. A classmate of Bajaj from Northern Illinois University College of Law expressed his shock at the charges, and college students whom Bajaj taught described a caring and considerate teacher — an unlikely lawbreaker.

But, in fairness to the prosecution, evidence does exist that could be construed as supporting the charges. And some of this evidence is rather salacious — to wit, photographs of Reema Bajaj’s bajayjay.

If you have delicate sensibilities, please stop reading here. If you have a stomach for somewhat scandalous (but still safe for work) material, however, you may continue….

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Today brings more news coverage of Reema Bajaj, the rather attractive 25-year-old lawyer accused of moonlighting as a prostitute. Her story was written up in the Chicago Sun-Times and the Chicago Tribune, among other outlets.

Both papers covered the newest development in the case, a court hearing yesterday. Bajaj pleaded not guilty to three counts of prostitution (two misdemeanors and one felony), according to her lawyer, David Camic of Aurora, Illinois.

I have previously expressed my gut instinct that Reema Bajaj is innocent. Maybe I’m guilty of judging a book by its cover, but she just looks innocent — youthful and sweet and wide-eyed. She is a young Midwestern woman, of South Asian ancestry, who grew up in the suburbs of Chicago. It doesn’t get much more wholesome than that.

And now I don’t have to rely solely upon racial stereotyping vague intuitions. Now I have additional evidence, from several sources — including a law school classmate of Reema Bajaj….

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