Dreary Sundays

An attorney's day off. And the weather is dreary but the fire is warm so I'm off to snuggle with my wife in front of a movie. Enjoy your Sundays as well. It really is a day without expectations....

Blog Buzz

I suppose when I have something to say perhaps some people might actually read my blog and respond into the stratosphere. I'm hesitant to reveal my identity for a number of reasons, prominent among them the fact that I'm a lawyer who also happens to be happily sober for a number of years. I loved the fact that I got to go through most of university and all of law school with a clear mind and without falling into the traps that beset the unwary law student. The law school I attended, like most law schools, centered its social events around drinking. What a surprise! I was shocked to find out the practice continues once one begins practicing - lawyers love to drink. I knew that from the get go and I've seen the studies that correlate the high stress of the profession with a greater tendency to become alcoholic. Certainly I know a number of "hard drinkers" in my profession, some of whom may be alcoholics but can't imagine the possibility because they picture a skid row bum or other stereotypical alcoholic. They wonder how they can possibly be an alcoholic if they are managing to hold down a job at a major law firm, support a family, etc. Work Hard, Play Harder is the motto but if those lawyers gave some thought to the amount of time they spend at the bar or drinking they might realize how many truly productive hours (not billable hours!) are lost in their days.

Certainly I understand that alcohol is the great social lubricant but I've also seen it lead to the great social downfall because the hard drinker turned alcoholic is always the last one to admit they have a problem. I've been pondering ways to be of service to those hard drinkers I know without actually disclosing that I'm sober. There isn't really a solution to that, they'll notice I'm not drinking and ask why. I know that I had an innate distrust for non-drinkers when I was partying every night. Unfortunately I thought the party was ongoing when in reality it had ended a long time ago. Peeing into beer bottles, being afraid to leave one's bedroom, going to the bar to hook up with the snow man after every fiber of your being screamed all day long "I'm not going to do it tonight." Suddenly the sun would be coming up and the birds would start singing and normal people would start going about their day. Meanwhile I was upset because the liquor store owner didn't show up at 6 a.m. but was always, always, late. Didn't he realize I needed that bottle to go to sleep because I had to work in 4 hours? Sounds like great fun doesn't it?

I think in many respects litigation today is much like the previous story. Attorneys get off on the drama of it all (hyperreality as Baudrillard would note) because that's what they saw on TV, in mock trial competitions etc. The reality of course is much more mundane, 99.5% of cases are settled with a computer, words, and printer paper (and a good legal assistant). The other .5% actually go to trial but if you've ever sat through a real trial you'll understand why the judge looks bored out of his gourd. One prominent jurist here in town loves instant messaging while on the bench, thank the lord they gave judges computers to keep them busy! In all seriousness though, most judges I know are truly motivated by the spirit of public service and not the prospect of the black robe and attendant power to force legal titans to bow to their will. They are good people trying, just like the ethical lawyers out there, to do the right thing and to be sure that justice, in a legal forum is dispensed as best it can be. Certainly no system is perfect but I'd much rather go to court than face a mob bent on execution - swift, sure, inflexible justice.

Again, good night, and rather than good luck, good acts!

It has been a long day but I'm trying to get in the habit of writing. I decided, given the daily drudgery of associate work that I would start doing some pro bono things that reminded me why I chose law as a profession. So, today I got two things accomplished in that direction - perhaps those will make me feel a little better about corporate law. We'll see. Right now I'm writing into a vacuum but I'm sure there are other young lawyers out there dissatisfied with the status quo, perhaps one day one of them will respond - it's like sending out a message in a bottle. Good night.

Civil Defense Thoughts

I'm not quite sure yet whether this is going to be a blawg or a blog. With the legal issues involved working for a giant law office it may turn into just a blog with the occasional war story from the trenches of civil defense lawyers. We'll see. It may also be an outlet for me to get my thoughts out on virtual paper.

The good news is that I work with wonderful people. The bad news is that I'm not sure I'm quite on the right side of most of the cases I work on and haven't been able to rationalize my way there as of yet - I know that everyone deserves representation and that good lawyers can advise their clients on how to comply with the law and be "good" corporations that treat their employees fairly etc. I'm just not sure how many clients actually listen to such advice - hence the need for litigation departments. That said, I love working with lawyers, with people who use logic and communication (ideally) to settle disputes rather than the alternatives. My heart just tends to lead me towards counseling individuals rather than helping capitalism in its merry march along towards betterment for all.

Another problem as a relatively new lawyer is coming to terms with the billable vs. non-billable systems of payment for service. I'm not sure contingency fees are the answer and I suspect that ultimately the billable hour, or in many cases the billable minute, is not a good solution for clients. The system doesn't reward efficiency unless the lawyers at the top of the hierarchy are sharp enough to see that efficiency and optimal work product are worth rewarding regardless of the number of hours billed. I like the idea from the not so recent past of "fees for services rendered" - most transactions or litigation can be broken down into rough estimates of what things might cost and a flexible contract could underscore that. Good firms or lawyers with a knack for business would do well under this system while those lawyers who consistently underestimate the time something takes might not do so well or indeed might fail completely - but that system seems more meritocratic than does the one that rewards late nights, weekends, burnout and diminishing returns at the clients' expense.

I'm not saying that all law firms do this and in fact the one I work for is quite conscientious about not overbilling and if anything underbills clients. They legal system as well as the feeder schools could really use some reformation to bring law back to what may turn out to be a halcyon myth of days gone by - the days when law was a helping profession rather than a straight business and where service and collegiality along with sharp legal analysis were valued currency.

I knew what I was getting into going to work for a big law firm after graduation but the student loan debts and the prestige factors all prevailed just as Duncan Kennedy's prescient "Law School as Training for Hierarchy" (Harvard L. Rev.) predicted that it would. The rich get richer in law school just as they do in the real world and ultimately those riches lead to what are considered the "plum" jobs although I look at my friends making a third as much as I do working for the PD or the DA and who are "gasp" having fun at work, and wonder who was the sucker really?

Enough on that for the day - a shining new week of corporate law practice beckons. What excitement does tomorrow hold? Document review? An exciting memorandum that won't be used? Letters to clients or courts that won't be sent? Only the partners know.....

Test Blawg

This is my first blawg, just seeing if there are reasons creative, personal, and professional for adding daily notes about practice, life, and lessons learned. I've been reading quite a bit about blawgs, RSS feeds, and other ways to incorprorate internet technology into the practice of law and so, given all of that I thought I would try a blawg as another outlet for writing although god knows that briefs, motions, and points and authorities should be enough for any human litigator...

Query: Is there anyone in the Central Valley writing weblawgs already??