You want to know what the future of law entails for you? Probably not much. You do the same crap everyone else does. You’re some run-of-the-mill commercial litigator, or you write the same wills as every other estate planning lawyer, or you’re an “aggressive” and “caring” and “passionate” criminal-defense lawyer that will “fight for your rights.”
It’s all garbage. You don’t matter. You compete on price and spend your day wondering what works better — pay-per-click, or your Facebook Fan Page. You’ll pay the bills and get a nice case every so often, but you’re just another lawyer wondering why the world hasn’t lined up to hire you.
The future of law is specialization. I’m not just talking about “niche” practices, I’m talking about specialization within your practice. I’m talking about being a resource in your practice area, or knowing more about a specific issue than the others. And yes, I have examples, calm down, I’ll lay this out for you in simple, easy terms that you can understand. Maybe you can even put some of this to work in the middle of contemplating your miserable life as a lawyer….
* A study finds that over 93 percent of attorneys, judges, and legal writing professors think the writing they’re reading is bad. One could argue this is evidence of a crisis in writing skills. Or one could argue that lawyers are a**holes who think every voice other than their own is wrong. It’s a 50/50 shot. [Associates Mind]
* If you ever wondered how many OSHA violations one could find with Jabba’s Palace, wonder no more. [Legal Geeks]
* Are you scared of Obamacare? Here’s a roundup of your official survival guides! [The New Republic]
* If you’re trying to enter the United States, border agents can seize your electronics and look at all your private files because you need to respect their authoritah! [Forbes]
* Joseph Kennedy Jr. died helping to invent drones. OMG, you guys! The drone war is the final stage of the Kennedy family’s long-term liberal plan for world domination. [io9]
Last week, Chief Judge Alex Kozinski paid a visit to Yale Law School, where he made two public appearances. He had a Charlie Rose-style conversation with Noah Messing, YLS’s Lecturer in the Practice of Law and Legal Writing, and then he did an event with the Federalist Society, moderated by a current student, Jon Fougner.
Let’s hear what His Honor had to say, about a wide range of topics — his favorite opinion of his, tips for getting ahead in the legal profession, advocates who have impressed him over the years, why you shouldn’t take your mother to your oral argument, and why you should read Playboy (hint: it’s not for the articles)….
Federal judges don’t always tell lawyers that their writing is crap, but when they do, they’ll do it in a publicly filed court order. Because while judges have got many a tool in their benchslapping arsenal, a public shaming is perhaps the most useful of them all.
Today’s instance of public shaming comes to us courtesy of Judge Steven Merryday (M.D. Fla.), the same fellow who denied a motion to suspend trial in a death penalty case from an attorney who wanted to participate in an Ernest Hemingway look-alike contest.
Let’s jump right in and see what happened, because this judge had a field day with redlining….
I knew exactly what the kid was thinking: “I guess, if my Dad wrote a book, I should take a look. But this is going to be unbearable. So I’ll read a few pages and be done with it.”
Jeremy sat in the family room reading chapter one. I paced anxiously in the kitchen. My wife didn’t understand my anxiety: “Why are you so nervous? It’s only Jeremy.”
“Don’t you see? Jeremy’s my first truly neutral reader. He’s not a lawyer. He’s not inclined to read the thing. He won’t cut me any breaks. If Jeremy likes it, there’s a chance there’s actually an audience for this thing.”
After a few more anxiety-ridden minutes, Jeremy walked into the kitchen. After a seemingly endless pause: “Let me see chapter two….”
Here is an excerpt from Manhertz v. State, handed down on October 9 by the Georgia Court of Appeals:
Specifically, Joyner explained that she met a dancer at a strip club, who went by the stage name Paradise. After a brief conversation, Paradise asked Joyner how she was employed, and Joyner informed her that she worked as an assistant manager at an apartment complex. Paradise responded by informing Joyner that she had a friend named Kane, who would pay $1,000 for tenants’ names, social-security numbers, driver’s-license numbers, and copies of signed checks. Joyner agreed to do so and later provided Paradise with the requested information. However, Joyner asserted that she was never paid any money. And although Joyner claimed that she went back to the strip club on one or two occasions in an attempt to collect the promised payment, she was unable to find Paradise — no doubt finding little comfort in the axiom that “solitude sometimes is best society.” [FN2]
Ed. note: This is the first installment in a new series of posts from the ATL Career Center’s team of expert contributors. Today, for the benefit of newly arrived (or soon-to-arrive) first-year associates, we have some advice from Ross Guberman on writing for the toughest audience they’ll ever face.
With the help of many clients, I recently surveyed thousands of law-firm partners about the writing skills they want to see associates develop.
Across the country and across practice areas, partners agree on what they’d like to change about associate drafts. I’ve organized their responses according to my Four Steps to Standout Legal Writing. I’ve also included a fifth category that covers usage and mechanics.
A few sample responses follow.
Step One: Concision
Partners say they spend too much time cutting clutter and other distractions from associate drafts. Anything that interrupts the message — wordy phrases, jargon, legalese, redundancy, blather, hyperbole — is a candidate for the chopping block.
In case you’re wondering, there was no major news out of the U.S. Supreme Court this morning. Our friends at SCOTUSblog predict that opinions in the marquee cases, such as the Arizona immigration case and the health care reform case (aka Obamacare), will be issued next week. (Above the Law’s own Supreme Court correspondent, Matt Kaiser, should have a more detailed write-up of this morning’s proceedings later today.)
But we do have some SCOTUS-related news to mention this morning (and not just the latest in law clerk hiring). Did you know that Justice Antonin Scalia has a new book out, hitting stores tomorrow?
Here, both parties abandoned any attempt to write in plain English, instead abbreviating every conceivable agency and statute involved, familiar or not, and littering their briefs with references to ‘SNF,’ ‘HLW,’ ‘NWF,’ ‘NWPA,’ and ‘BRC’…
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.