Keith Lee

Keith Lee

One of the first realities that new lawyers come to confront as they graduate law school — whether it be on their own or within a firm — is that clients are the life blood of practice. No clients, no practice.

This often comes as a surprise to new lawyers. Despite the the glut of lawyers, declining legal industry, and overall economic malaise, many new lawyers still think that clients will magically appear once they have received their J.D. and passed the bar. A few months into practice, they are quickly dissuaded of this notion.

Instead, they learn that clients must be developed or found.

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Keith Lee

For years now, there have been cries for more affordable “Access To Justice.” That is, to find ways to provide legal representation to those with low to modest income. From the federal government,  to the states, and all the way down to individual counties, there have been a variety of initiatives bandied about that seek to bridge the access to justice gap. Sure there are public defenders, but they are overworked and legal aid is spread thin. So people continue to try new ways to provide affordable legal services. And a few lawyers in Utah think they have an idea to solve the problem…

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Keith Lee

Yesterday over at Hercules and the Umpire, Judge Kopf noted an article from the Federal Judicial Center regarding social media use among jurors. Also in the article was a brief bit on social media use by attorneys during voir dire.

Most judges stated they did not know whether attorneys were using social media during voir dire, and most do not address the issue with attorneys before voir dire. Only 25 judges reported they knew attorneys had used social media in at least one of their trials, usually during voir dire. Attorneys may have used social media to look at prospective jurors’ Facebook pages, to run names through search engines, or to look at online profiles, blogs or websites. Of the 466 judges responding to this survey question, 120 do not allow attorneys to research prospective jurors online during voir dire.

Which caused Judge Kopf to ask: “So long as the use of social media by a lawyer in the courtroom picking a jury is discreet, why in the world would a federal judge interfere with a lawyer using social media to obtain information about jurors during the jury selection process? That doesn’t make any sense to me? ”

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Keith Lee

It has often been observed that litigation is war. The analogy is not perfect, but studying military strategy and tactics can prove fruitful for litigators. While many people often turn to Sun Tzu’s Art of War, for guidance in the applicability of military thought to modern business and litigation, I have a soft spot for von Clausewitz’s Vom Kriege (affiliate links).

Carl Philipp Gottfried von Clausewitz (July 1, 1780 – November 16, 1831) was a Prussian soldier and military theorist who stressed the “moral” (in modern terms, psychological) and political aspects of war. His most notable work, Vom Kriege (On War), was unfinished at his death.

While all of Vom Kriege is worth your time, I wanted to highlight one passage in particular…

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Keith Lee

Yesterday I went for a run, my usual 5k. I had given some thought to going farther than normal but when I got to the point where I could keep going, the trail crossing over the creek was flooded. I was stymied. Guess I’ll be sticking to 5k. Time to turn around.

I made it two steps before I stopped. Was I really going to let some water stop me from pushing myself? Give up at the first obstacle I came across? I pivoted and made my way through the woods away from the trail and towards the road.

I had to run a few blocks on the road away from my usual route to get to a different bridge over the creek. Then back to the trail and on my way — 10k instead of 5. Double my regular run. My lungs burned, legs tired. I felt great. And I almost didn’t do it because there was a trickle of water in my way….

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Keith Lee

The other day I walked into my local Starbucks. It was moderately full but there was only one other couple in line. I placed my order after the couple in front of me (tall, skinny chai, extra hot), then sat down to wait. I pulled out my phone and thumbed it to life, scrolling through emails, checking Twitter, the usual. After a bit, I realized I had been sitting there for a few minutes without hearing my order.

The couple in front of me had gotten their order and were doctoring their coffees with condiments. The barista behind the counter had a flicker of motivation as he looked down at the ready area of the Starbucks bar. He was a typical-looking Starbucks barista — mid-to-late twenties, tall, skinny, bearded, with thick-framed glasses. A general demeanor of indifference.

“TALL SKINNY CHAI EXTRA HOT.” I walked up to the bar to get my order.

“Uh, your order has been ready for a bit but, uh, they forgot to call it out. If it’s not hot enough, I guess I can make you a new one or whatever….”

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Keith Lee

Before my partners and I started our own firm, I worked for a small insurance defense firm. It was a statewide practice, as most insurance firms are. Often times I would have to drive hours to some small county in the state for a 20-minute hearing, then get back in the car and drive right back.

I clearly recall one day when I spent roughly eight hours round-trip in the car, to attend one of those hearings that only took a little over 30 minutes. In the litany of intricacies of practice that law school does not adequately prepare law students for, add long car drives to the list.

That being said, I don’t really mind it. I rather enjoy the time alone in the car. It’s nice to be disconnected from things and alone with your thoughts. I listened to podcasts. I watched the pine trees go past mile after mile. I sat in silence, only the hum of the road to accompany me. In the hustle of drafting documents, responding to emails, returning phone calls, and meeting with clients, a few hours alone can be a respite….

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Keith Lee

There seems to be a general lament among the elder generation of lawyers in regards to the quality of new law school graduates. Simultaneously, there is also a cacophony of complaints from recent law school graduates about the general state of the legal profession and the dissonance between what they felt they should have received from their law school education. See all the assorted “scamblawgs.”

The older generation’s complaint seems to be that Gen Y grads are, well, complaining too much. Gen Y needs to strap on their big-boy (or girl) pants and get on with it.

Gen Y grads seem to be saying they just haven’t been given the opportunity…

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Keith Lee

One of the great, unspoken realities of being a new lawyer that is never mentioned in law school is that you are going to screw up – badly. And then you’re going to have to explain it to your client or supervising attorney.

You’re going to miss a deadline, not file an objection, miss some case law, or not contact an attorney involved in the case on a hearing. A mistake is going to be made and it will be your fault.

You may be tempted to try and shift the blame. Come up with excuses as to why something outside of your control caused the problem. That you were swamped with work and had too much on your plate. He said, she said. But if it was a task assigned to you, it is your personal responsibility to make sure it was completed on time and specification.

As the task, and subsequent mistake, are your responsibility – you must own it….

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Keith Lee

It’s easy to get caught up in the day-to-day life of a lawyer. And the longer you are a lawyer, the more it will come to define you – if you let it. But it is a limiting definition, even for the best and brightest of lawyers. Take Marcus Tullius Cicero, likely the most famous lawyer in history. Upon being acclaimed for his skills as a lawyer, it is said that Cicero remarked:

“And yet he often desired his friends not to call him orator, but philosopher, because he had made philosophy his business, and had only used rhetoric as an instrument for attaining his objects in public life. But the desire of glory has great power in washing the tinctures of philosophy out of the souls of men, and in imprinting the passions of the common people, by custom and conversation, in the minds of those that take a part in governing them, unless the politician be very careful so to engage in public affairs as to interest himself only in the affairs themselves, but not participate in the passions that are consequent to them.”

– Plutarch, Cicero, Lives of the Noble Grecians and Romans (c. 75-100 AD), John Dryden translation

Here we have the greatest lawyer in all of Rome, insisting that he wished to be remembered as a philosopher — a thinker — not a lawyer. Being a lawyer was part of who he was; it did not define him….

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