Chuck Newton

Law Schools Of North Carolina

North Carolina is rich in southern charm and history.  Maybe it is for this reason or that the recent presidential primaries just drew my attention to the state, but it has a lot of law schools - a lot of good law schools - from which to chose.  You should check them out.  The law schools are:

• Campbell University Norman Adrian Wiggins School of Law, Buies Creek
  113 Main Street, Buies Creek 27506, Phone: (910) 893-1750 
• Charlotte School of Law, Charlotte
  1211 East Morehead Street, Charlotte 28204, Phone: (704) 971-8500 
• Duke University School of Law, Durham
  Science Drive and Towerview Road, Durham 27708, Phone: (919) 613-7006 
• Elon University School of Law, Greensboro
  201 North Greene Street, Greensboro 27401, Phone: (336) 279-9200 
• North Carolina Central University School of Law (NCCU), Durham
  1512 S. Alston Avenue, Durham 27707, Phone: (919) 530-6333 
• University of North Carolina School of Law, Chapel Hill
  100 Ridge Road, CB #3380, Chapel Hill 27599-3380, Phone: (919) 962-5106 
• Wake Forest University School of Law, Winston-Salem
  1834 Wake Forest Road, Winston-Salem 27106, Phone: (336) 758-5430

Art As A Niche

I am always interested in what other lawyers do, and I am always on the look out for interesting niches.  You know the ones?  Those that they do not discuss much in law school.  That is why I found interesting the launch by LexBlog of the Art Law Blog of Fox Rothchild.  Oh, the law firm is one those Big Law firms with hundreds of lawyers, but they also have a good number of niche specific blogs.  It would appear that this Big Law firm is looking to succeed as being a combination of small niche practices, and that is probably best.

To those that worried what might become of all of those art appreciation majors in college, the answer might very well be art law.  At least one of the attorneys, Marie C. Dooley, worked for art auction galleries before going to law school.

What does an art lawyer do exactly?  Well, it appears they deal with theft and stolen art issues, repatriation claims, due diligence, investigations, theft prevention, educational presentations, and intellectual property issues.  My thought really is that where there is big money changing hands there is a need for lawyers and there are disagreements.

A recent post on the Art Law Blog deals with "blockage discounts" in art.  I learned that this is a legal principle for adjusting the fair market value of art when there is a significant volume of art by the same artist at issue.

And, there are apparently books on the subject, now that I look.  The Art Law Handbook by Roy S Kaufman,  Art Law in a Nutshell by Christy O. King, and Art Law:  Cases and Materials by Leonard D. Duboff.  Most are books for laypeople, artist, and art investors, but where there are popular books there is a service being sought.

I do not know much about art beyond a strange appreciation for dogs playing poker.  The point for me, however, is that, yes, you could develop this niche in a big firm environment, but it is also true that you could develop such a niche as a boutique law firm, a virtual law firm, or even as a home office practice.  It gives you some idea of what might be available out there for you.

I Hate To Whine ...

According to the AP wire, Robert Mondavi of Robert Mondavi Winery has died.  He was 94, which goes to show you the wonderful effects of drinking red wine.

I like Mondavi's story because he was 52 in 1966, when he opened his winery that would help turn Napa Valley into a world center of the industry, demonstrating that us old codgers to make a difference.

When Mondavi opened his winery, California was still primarily known for cheap jug wines. But he set out to change that, championing use of cold fermentation, stainless steel tanks and French oak barrels, all commonplace in the industry today. He introduced blind tastings in Napa Valley, putting his wines up against French vintages, a bold move.  His confidence was rewarded in 1976 when California wines beat some well-known French vintages in the famous tasting known as the Judgment of Paris.

The success of the Mondavi winery allowed him to donate tens of millions of dollars to charity, but a wine glut and intense competition gradually cost his family control of the business. In 2004, the company accepted a buyout worth $1.3 billion from Fairport, N.Y.-based Constellation Brands.

This as the case maybe, if I must fail in the sense that someone pays me $1.3 billion, then so be it.  I guess my point is that it is nothing to whine about.

I Am A Failure

I was reading Rick Georges Future Lawyer, which directed me to the post by Michael Wade of Execupundit, who writes about his difficulty defining himself as a success.

Often I do not feel like a success, and often that get in the way of my wellbeing.  This is not necessary because I, and you, can define success any old way we wish.  We feel miserable solely because of the way in which your have defined success for ourselves, when a good part of the solution is just to be happy with ourselves and redefine success in a way that is more palatable for us.

I like just sitting on my back porch under the fan, staring at the back yard.  Why?  I am not sure, but we cannot start defining ourselves based upon our non-successes.  I like to say that I have never lost a case, but a few of my clients have.  The truth of the matter is that we have all lost cases, not brought in as much business as we would have liked, maybe took on too much debt and encumbered ourselves a little too much with possessions and loans and obligations.  We cannot let ourselves be defined by this crap.

To those that call me a loser, I say they are wrong.  I am not a loser.  I have tried.  I have worked hard even when I have not always succeeded in the way that I would have wished.  That makes me a failure ...  and that is a lot different.

I know that people do not rise to low expectations.  I am not really saying to have low expectations of ourselves.  We should dream.  We should try to succeed in ways that are truly important.  But, if we do not succeed on a particular point that does not make us losers.  And, is failure all that bad?  It depends on how we define success.

I will define it for now as the ability to sit on my back porch with a class of iced tea, under the fan, and being able to stare out through the trees with no immediate care in the world.

Now, that is failure that I can live with.

Last IPod Supper

Hmmm?  I found this over at Luke Gilman's High On The Hog Blog.  He discovered it elsewhere.  Like him, it seems strange enough to be interesting, but I do not pretend to know what it really says about our society.  And, forget how the name Job plays into this, or the almost reverent Apple supporters of this World.

Houston We Have A Problem - We Are Under Attack By Ants

And no, I do not mean from the three law schools located in the area.  We have been overcome by "crazy rasberry ants.  They are called crazy because they wander erratically instead of marching in regimented lines, and "rasberry" after Tom Rasberry, an exterminator who did battle against them early on.  (Remember the Alamo!).

They are the size of fleas.  Formally "paratrenicha species near pubens"—have spread to five Houston-area counties since they were first spotted in Texas in 2002.  They are believed to have arrived in a cargo shipment through the port of Houston, and they are believed to be the cousins of the commonly called crazy ants that are found in the Caribbean

There is good news and bad news with the ants.  The good news is they eat fire ants.  The bad news is that they are attracted to and attack electrical equipment for reasons that are not well understood by scientists.  They have fouled up computers, and they have spotted moving in on NASA's Johnson's Space Center.

They are resistant to a lot of over the counter ant killers  And, even when you these pesticides work, the survivors pile up the dead, sometimes using them as a bridge to cross safely over surfaces treated with pesticide.

Why Not Partnerships?

And, by partnership I mean a grossly legal structure of some kind such as actual partnerships, LLCs, LLPs, PAs, PC, and INCs.  You can argue all day long as to whether it needs to be some type of formal partnership or some type of corporate structure, but too often lawyers find that being joined at the hip with some other lawyer rarely works long term.

Sure you can show me examples of partnerships in your community that have lasted decades, but think of all of them that have fallen by the wayside.  Thing of all the internal battles that have taken place.  Think of all of the lawsuits, or at least the threat of lawsuits, that have taken place over the breakup of law firms.

You go into partnerships with other lawyers often for the wrong reasons.  You like the other person (or did).  You want company.  You are afraid to strike out completely on your own.  You want to feel like someone has your back.  You just love the visual of yourself one day sitting at the top of the pyramid that you want to believe your law firm is suppose to eventually represent.

In the long run lawyers, as people, grow, and sink and change their minds or formulate something different than what you want, or they wanted, or money trouble arise, or thoughts and positions just change.  But, the point is that you do not need to fall into the trap of trusting that your law partner's goals will always remain in sync with yours.  They rarely do.

I would suggest you collaborate where you can if you really want to work together.  If he or she wants an office, let him or her get an office.  If he or she wants a secretary, let him or her get a secretary.  If his or her minds changes and he or she wants to move on from you, let him or her move on.  Create a structure that allows for organic collaboration in which people can be what they want to be, and do what they want to do, and in which you can work together when you can, and not work together when you do not want to or are unable without having to bust bank accounts and business structures and feelings to do it.

Let go of the concepts of the traditional law firm.  Liberate yourself.  Do yourself a favor and do not officially partner.

Speaking In Public

Duct Tape Marketing has a post in which it defines pubic speaking as a "competitive marketing skill".

I do not know if that is a good definition, but I get the point.  I just wonder if calling it "competitive" will just do more to discourage lawyers, especially new lawyers, from marketing their practice in this way.  In fact, with time, public speaking on a subject of which you are familiar becomes rather enjoyable.

It is true that the more you speak in pubic the better you get at it.  Once you get over your anxiety of public speaking, and get to know your market and your practice area better from a layman's standpoint, you can concentrate less on process and more on substance and explaining yourself, and that always makes it better.  You rely less on notes and props (and let us hope less on PowerPoint presentations).

Not long ago both Peter Olson of Solo In Chicago and I both blogged about what we wish we knew when starting off in the practice of law.  We decided that the first two things we wish we were told was that (1) keep your overhead low, and (2) get your elevator speech down.  To this I would like to add grow your practice through public speaking.

It is cheap.  In fact, it will often guarantee you a free meal.  It will give you an opportunity to meet a lot of really good people (including some strange and interesting ones - but always enjoyable).  It is just an expansion of your elevator speech.  It usually does not have an immediate and dramatic increase on your practice, but if you actively solicit those groups, organizations and people that you need to build a referrals base, the business stream is typically longer and represent better clients because they are often pre-qualified.  They know what they need, they have been told you are an expert of sorts in the area, and they know they are going to pay for the service.  And, since Third Wave attorneys do not rely on the mass practice of clients, and do not need a 100 new cases a month, we can live well off our public speaking.

The point is that it is amazing what you can do with a few words, a couple jokes, and a handful of business cards.

Organizations want you because they need speakers.

It has often amazed me the number of attorneys who have no problem standing up at court to give the judge and opposing counsel hell, but somehow do not see it in their best interest to speak in public.

God Lord, I Enjoyed But Had A Hard Enough Time Raising Four Chidren

Pleasure Interrupted. Happiness? Not So Much.

I am pretty much a happy guy.  I like what I am doing even if it is not always cracked up to what I want it to be.  Like everyone, I have moments, and clients, and cases, and events that get in the way.  I try to move on.  So, you might say that I am sometimes unhappy, or that happiness is fleeting.  I have thought about, and I say no.

It was with interest that I read the post by Steve Ross and Olivia Rosewood entitled How To Find True Happiness.  I usually do not pay much attention to this carp, but I liked this distinction between happiness and pleasure:

Remember, true happiness is independent of circumstances. Pleasure is utterly dependent on circumstance. True happiness is prior and senior to the flickering phenomena of the world. True happiness transcends the boundaries of the mind and the limitations of conditioned propriety. True happiness is uninterrupted.

I think what this says is that true happiness is doing what you want overall.  If you want to move your office home, then do it.  If you want to transition into a new practice of law, then do it.  If you want to not work so hard or on so many cases, then do less.  All of that contributes to your happiness.  That is the overarching criteria as to what you are doing is worth it to you.  This is not to say that you will not find some aspects, some cases, some clients, some judges, some issues, or some situations displeasurable.  You will.  It is almost a given.  But, if you see these displeasurable acts as nothing but a bump in the road then the real issue is happiness and you are probably going to have to accept the fact that you are going to have to make serious changes to get that back.

Proof That You Can Practice Virtually From Anywhere

We talk about carpet commutes and work-life balance and blending, and in this I get a lot of resistance.  I get emails daily as to why some lawyer or some firm just cannot do it, or how it is just not practically possible.  Or, how my practice is an anomaly.  Well, it is not.  Someday, I believe the anomaly will be those practices and lawyers that do not do as I do.

But, it does not matter if you practice in a more traditional setting or at home.  What matters is that you are mobile and can practice from where you are, everywhere you are, whenever you want or need to.  That is what allows you to flatten your organization.  Flattening your organization is what allows you to cut overhead.  Cutting overhead is what allows you to keep more of what you make.  Keeping more of what you make is what makes life out of the office more enjoyable.  Do I need to go on?

As proof positive that this is possible, you can already set up and work in most Starbucks, hotels and motels.  But, you can now work from your computer in many RV parks and campsites.

I found interesting this article in the Austin Business Journal of the founder of TengoInternet, which installs wireless Internet access in over 300 RV parks and campgrounds around the country.  It has been a hard slog for him convincing RV park and campground owners to allow him to set up this technology, but the truth of the matter is that RVers and campers are demanding the access these days.  They need to stay in touch.  They need to do a little work while vacationing.  They want to work from where they are located.

Now TengoInternet is moving into truck stops.

About 19% of online consumers used public WiFi in 2007, according to Jupiter Research's 2007 U.S. Public WiFi Consumer Survey. Travel is a big reason why people use WiFi, says Jupiter Research analyst Ina Sebastian.

Talk about a carpet commute.

High Handshake Marks

Yahoo! News reports on another nutty research project about firm handshakes and handshake training bringing higher employability that week handshakes.  I like the term that people receiving "high handshake marks" rated most hireable.

The study, which appears in the September Journal of Applied Psychology, suggest that handshakes provide a glimpse of the real you.  In reality, handshakes provide a ready path to catching colds and the flu.  (Wash your had often).

The thing that really chaps me is that job seekers are "trained how to act in a job interview".  How to dress, to answer questions, how to look, and act and to shake hands.  Here is my advice.  Just relax and be yourself.  If the interviewer does not like you, then the hell with him or her.  Move on to some place that can or will more likely appreciate you for who you are.  What is the purpose of acting like somebody you are not?  If personality traits and differences really matter and you manage to fool the interviewer, then you are going to get fired or pushed out anyway.  There is a really good chance that you will not like working there because the person they hired is not the person you pretended to be.

It is often said that a jury can smell a phony a mile a way.  I can tell you that a lawyer recruiting for a law firm can sniff out a phony as well.

Also, "training" to reflect somebody that you are not is going to get you a job in a law firm that you will not like.  Let's say a Big Law firm likes how forceful you are, how firm and hard your handshake is, they like your backslapping abilities, your bull-shooting way, and how you can just cozy up just right on the edge of someone's comfort zone>  So, they put you in litigation when in fact you are reticent by nature and would be better suited for some kind of transactional work.  How long do you think you are going to last?  And, if you last, do you think you are going to be happy?

The same is true for marketing and networking as it is for employment.  People want to be remembered and treated half decently.  I have to admit that I am a backslapper and tend to have a strong enough grip.  I try not to hug ladies, and will touch cheek to cheek while shaking their hand if needed, but I do not want to be offensive.  That is not so much training as it is that I am uncomfortable doing it ... and, I have a tendency of eating onions for lunch (and kissing onions they are not).  But, the point is that you do not have to be somebody that you are not.  You just have to be there, and to be yourself.

Law Schools Of Louisiana

We now mainly remember Louisiana from Hurricane Katrina, but it is a state rich in history and culture.  It also has a fair number of law schools for its size, and all of them are in either the state capital of Baton Rouge or New Orleans, both towns are not far from each other, and both are located in the Southern part of the state.  Although Louisiana is the only state in the country that follows the Napoleonic Code, the law schools still train you for practice outside of the State.  The law schools are:

• Loyola University College of Law, New Orleans
  526 Pine Street, New Orleans 70118, Phone: (504) 861-5550 
• Paul M Hebert Law Center Louisiana State University, Baton Rouge
  202 Law Center, Baton Rouge 70803-1000, Phone: (225) 578-8646 
• Southern University Law Center, Baton Rouge
  Roosevelt Steptoe Avenue, Baton Rouge 70813, Phone: (225) 771-2552 
• Tulane University Law School, New Orleans
  6329 Freret Street, New Orleans 70118, Phone: (504) 865-5939

Tips For Doing What You Do Not Want To Do

What I have found is that there is nothing in this World that you like doing that does not have some displeasurable aspects.  But, you know what?  If you want to do what you like to do, you have to do some of that for which you do not care.  And, you have to do it because it goes to marketing and money.  If you are by yourself there is nobody but you that can do it, and your work product is your marketing and your money machine.

Like you, I get into a funk now and then myself.  Well, Gretchen Rubin has written 6 Tips For Getting Yourself to Do Something You Don't Want To Do.  They are:

1.  Put yourself in jail . If you're working on something that's going to take a long time, and you have the urge to try to rush, or to feel impatient, pretend you're in jail. If you're in jail, you have all the time in the world. You have no reason to hurry, no reason to cut corners or to try to do too many things at once. You can slow down, concentrate. You can take the time to get every single detail right.

2. Ask for help. Why is this so hard? I have no idea. But whenever I ask for help, I'm amazed at how much it...helps.

3. Remember: most decisions don't require extensive research. This is another important Secret of Adulthood. I often get paralyzed by my inability to make a decision, but by reminding myself that often, one choice just isn't that much different from another choice, I can move on.

4. Take a baby step. If you feel yourself dismayed at the prospect of the chain of awful tasks that you have to accomplish, just take one step today. Tomorrow, take the next step. The forward motion is encouraging, and before long, you'll probably find yourself speeding toward completion.

5. Do it first thing in the morning. The night before, vow to yourself to do the dreaded task. And the next day, at the first possible moment - as soon as you walk into work, or when the office opens, or whenever - just do it. Don't allow yourself to reflect or procrastinate. This is particularly true of exercise. If you think you'll be tempted to skip, try to work out in the morning.

6. Protect yourself from interruption. How often have you finally steeled yourself to start some difficult project, only to be interrupted the minute you get going? This makes a hard task much harder. Carve out some time to work. Yesterday, I wanted to put a newsletter sign-up box on my blog. I figured this would be frustrating and time-consuming, so I waited to make the attempt when I knew I had two hours when I could work uninterrupted.

Oh, You Better Belive I Was Breast Fed!

I can see it now.  Instead of those bumper stickers that say, "My Lawyer Can Beat Your Lawyer", they will now read, "My Lawyer Was Breast Fed".

Are you smarter than the average bear? 

According to the study detailed on Live Science, children who were breast-fed exclusively for the first three months of life or longer scored nearly six points higher on IQ tests at the age of 6 than children who were not breast-fed exclusively.  This is on top of other studies that suggest that adults who were breast-fed as infants scored better on IQ tests and other measures of cognitive development, such as thinking, learning and memory.  "Long and exclusive breast-feeding makes kids smarter," said lead researcher Dr. Michael S. Kramer, of McGill University and the Montreal Children's Hospital, in Canada.

Why breast-feeding might increase cognitive skills is not clear, but it has nothing to do with differences between mothers.

For the study, a group randomly assigned 7,108 infants in Belarus to exclusive breast-feeding; another 6,781 infants received the usual practice of breast-feeding plus other foods.  When the children were 6.5 years old they were given a standard IQ test. Those children who were exclusively breast-fed scored, on average, 7.5 points higher in verbal intelligence, 2.9 points higher in nonverbal intelligence, and 5.9 points higher in overall intelligence.  In addition, their teachers said the breast-fed children had significantly better academic performance in both reading and writing, compared with children who were not breast-fed exclusively.

I am not sure I am ready to put the fact that I was breast fed as a baby on my resume just yet, but I am apparently willing to brag about it (along with my superior intelligence) on my blog.

Should everybody be asking their lawyer if he or she were breast fed for at least three months as a child?  Maybe the bar-tenders will now require such a disclosure by all lawyers in the future.  In the meantime, are there any studies as to breast feeding and those that elect to work from home?

I Answer The 10 Misconceptions Of Working From Home

A reader of mine sent me the 10 Misconceptions the Self-Employed Deal With Daily as published on LifeDev.  I think the article is bigger than just working at home, but it primarily deals with this issue.  Even though many of you do not know the secret handshake or have a decoder ring, I am willing to (partially) answer those misconceptions for you.  (Warning:  results may vary).

1. You are ALWAYS open for business.  The biggest problem is that this can be true if you let it.  If you let this happen, then it will not be long before you feel run down.  You have to know when to start, maintain reasonable hours, and when to stop.  But, truth be known, too many who do not have home offices find themselves in this trap as well.  They are permanently connected to the cell phone, and they are stuck away from home and family in some office tower.  As for me, I do shut down, but I too often check my email and respond when the answer is short.  I am just often watching some design show on TV with my wife.

Kitchen Nightmares

First, I love the TV show Kitchen Nightmares.  Second, I love Tom Kane's Legal Marketing Blog.  Third, I live and really love the concept of the niche practice of law as something that is inherently enjoyable to practice and at which to make money.  And, I appreciate the fact that Tom Kane has brought all of these concepts and programs together for his latest post.

As Tom rightfully points out, Scottish Chef Gordon Ramsey on his TV show Kitchen Nightmares works at turning around failing restaurants based upon “two key issues”.  First, there are too many items on the menu.  Second, the restaurant is not known as the best place to go for a particular dish.  And, that concept relates to law firm's as well.  It is a concept of reorganization he applies over and over again at one failing restaurant after another in this TV show.  And, it works.

You need to build niche practices in which you substantially reduce your menu of services down to something that is exquisitely manageable, knowable and marketable.  In doing so you will become known for being the law firm or lawyer to whom everyone should turn for a particular problem.  It is that narrowing and doing one particular thing very, very well that will get you known, that will help you market, and that will drive business to you.  But, just like the failing restaurants fight this concept tooth and nail, so do most lawyers and law firms.

Lawyer. Boxer. Am I Repeating Myself?

JD Bliss has a post about Buckhead, Georgia attorney Preston Halliburton in his pursuit of the practice of law and as a professional boxer.  But, I have to ask, is boxing and the practice of law pretty much the same thing?

Some Realtors Need To Get A Life

Money sometimes brings out the worst in people.  Even pretend money like some Realtor's perceived idea of what a property is worth can bring out the worst in both home sellers and Realtors.

Do yo watch those real estate shows on HGTV, Fine Living, TLC, Discvoery Home and the like?  The common result (if not the theme) of almost all of the shows on these channels is that Realtors have allowed their clients or customers to so greatly overpriced their homes that they have run off all potential buyers.

That is the reason that I found amusing the discussion on Bankrate.Com about what constitutes a low ball offer.

You have Realtors on both sides of the divide trying to figure out how not to, and why not to, outrage the seller of a property.  For example, Karen Monsour, a Realtor with Exit Realty Properties in Coral Springs, Fla., says any offer that is 25% less than the asking price falls into the lowball category.  She encourages buyers to offer at least 85% of the asking price because anything lower than that is "an insult to the seller."

Man, I am not sure I would want this person representing me in a real estate deal.

Pricing real estate is such a subjective thing, despite what everybody says about comparable properties.   The house down the street might have sold for X, but it had a pool, or it was staged nicely, or the people that lived there were not pigs that thrived in a pile of clutter like the present sellers.

I think Miriam Bernstein, an associate broker with RE/MAX Prime Properties in Scarsdale, N.Y., is right when she suggests that just about any offer could be labeled as "lowball" if it provokes the seller to outrage or anger.  Rather than discourage lowball offers, she believes buyers "should be able to put in whatever offer they want and provoke a discussion." After that, it's up to the broker to present the low offer in a manner that's friendly and non-confrontational.

I am not about to tip toe around some seller and pay them much more than what I think the property is worth just because they are in love their investment.  I do not care if they did the crappy tile job in the kitchen themselves.  Would you believe a stockbroker, when you asked to offered $10 a share for Microsoft stock, if he told you that he could not present that bid because it might hurt Bill Gates' feelings?  Somebody might not be willing to sell their Microsoft shares for that amount, but they would place the bid.

I had this experience in the last year.  We were looking to downsize the world wide home office because our kids had mainly moved out.  We sold our larger house.  The first house on which we bid the Realtor refused to take our "lowball offer" to the sellers because we insisted on paying only 94% of the asking price of the home.  She said it was an insult because the homeowner had just voluntarily reduced the price by $10,000.00 after only 6 days on the market against her advice.  I felt it strange that she would not even accept the offer and present it to her client or customer despite the fact that we were pre-approved for the loan and could close immediately.  (The homeowner was no longer living in the house).  So, we just moved on to a different house.  As it turned out, the homeowner ended up selling the home many months later for the exact same price that we had offered.  Apparently, the person making that offer was clean shaven and had taken a bath or something, but the Realtor did not find it offensive to take that offer to the homeowner.  Possibly she had some bills due and needed the commission.

Apart from allowing me to vent a little, the point is that you as a home office attorney cannot afford to overpay for a home despite what a Realtor or homeowner thinks.  Like it or not, houses for sale are a dime a dozen these days it appears.  Even when they are in short supply, it does not last.  Now is a good time to buy, but you have to buy it right.  After all, this will likely be your largest investment, and for you to make a good investment, you do not need to pay a price for a house just because somebody has some arbitrary value already in their mind, which your offer might offend.

7 Common Cooking Mistakes

Cooking is part of work-life balance or blending.  If you work at home full time or part time, you obviously have an opportunity to treat yourself with a home cooked meal.  This is especially true once you cut out the long commute to and from work.  So, this post is not irrelevant to Third Wave lawyers and carpet commuters.  Many spare room tycoons enjoy eating their own cooking.

In this regard, Real Simple has provided us with the 7 most common cooking mistakes we make.  In brief they are:

1.  You do not read the recipe all the way through before you start cooking.

2.  You overcrowded the pan.

3.  You did not preheat the pan, and your fish fillets turned out soggy.

4.  You cooked past in a small pot and ended up with a pile of gummy noodles.

5.  You sauteed wet greens.

6.  You used dried herbs in a recipe in place of fresh ones, resulting in a heavily over seasoned dinner.

7.  You fried food in oil that was not hot enough.

Cinco De Mayo - Like You Mean It

I am originally from North East Texas, but I love the South Texas culture, if not the lack of pine trees.  My wife (a/k/a my girlfriend) is from South Texas.  I went to college at St. Mary's University in San Antonio, Texas.  I love The Woodlands, Texas because it is in Southeast Texas on the cusp of what is deep South Texas, but still in the piney woods.

One of the wonderful celebrations that I first experienced in San Antonio was Cinco de Mayo - Spanish for the 5th of May.  Cinco de Mayo is primarily a regional and not an obligatory federal holiday in Mexico.  Many people think that Cinco de Mayo represents Mexico's Independence Day, but this is not true.  That celebration falls on September 16th, and is the most important national patriotic holiday in Mexico.

But, we are not Mexico, and Cinco de Mayo commemorates an initial victory of Mexican forces led by General Ignacio Zaragoza Sequin over the France in the Battle of Puebla on May 5, 1862.  Now defeating France apparently is something with which we can all get behind.  As it has developed in the United States, Cinco de Mayo has developed into a celebration of Mexican heritage and pride.  Take that fence builders!

Thugs

According to CBS News, during the annual North Carolina Democratic Party's Jefferson Jackson Dinner Hillary Clinton said she would not back Barack Obama if he is the party's nominee, and she will work hard for him.  That resulted in the Obama people to shout her down.

It is what we have seen from the Obama troops repeatedly throughout this campaign.  It is what the organizing is about.  It is reminiscent of the Bush-Cheney contingent constantly yelling down the well meaning Gore people in Florida during the recount.  It is particularly disgraceful.  It is the thought that you can win through intimidation. It is what makes Obama such a force in closed, in your face, and personal caucuses.

That and the assumptive close.  Acting like no matter what the opinion of anybody else might be, that the election is inevitable. That we the people do not have a choice.  In that he is intentionally condescending.  That is what is meant by elitist.  I recall it is just how Bush treated the 2000 election.

The question is do we need another Bush in the White House?  And, I do not mean from a philosophical standpoint, but from a strategy position.  We have had enough condescensions from this front runner. In person he discounts the self worth of everyone that simply does not agree.  In organization, he organizes his crowds to be thugs.

At the Jefferson Jackson Dinner the crowd of about 5,200 were about evenly split between Barack and Hillary.  The tactic is to shut down debate.  To shut down discussion.  You cannot have discussion and argument.  So, when you are evenly matched you yell, and disrupt, and allow the candidate to play the innocent.

In our caucus the Obama people were well trained.  They were trained to be rude and disruptive, as opposed to being constructive.

In Houston the Obama people tried to boo Shelia Jackson Lee off the stage at the country convention.  Someone that has fought tirelessly in Congress for nearly everything the Obama supporters want.

In 1976 I saw the Reagan people boo and chant President Ford out of prime time for his acceptance speech for no apparent reason than vindictiveness.

It is sore losership.  You feel your time has come, but somehow you just cannot seem to quite pull it off.  So you train your people and supporters in thuggery, and mask that as overwhelming support when it is not.

What you see on ground level is that this is not just about enthusiasm.  It is about the candidate getting up and preaching one thing, while organizing his enthusiastic supporters to do the polar opposite of what he is saying.  Again, the policies might be different, but that is Rove-ism.  That is Bush all over.  It is saying that you want to be a "uniter, not a divider", or you want to bring about a "kinder gentler nation", knowing that you are organizing around different principals for no better purpose than to win.

No matter how much I support the policies of the person running, I refuse to be shouted, intimidated, yelled, or mocked into supporting someone.  Being condescending and elitist in the sense that this is a forgone  decision and failing to be honest in dealing with the political environment does not help me.  If Obama ever wants my vote he is going to have to step down off of his pedestal, and out from behind his teleprompters, come out from the bubble in which he is living, be respectful to me and my own, and stop training his contingent to be thugs.   

Consumer Spending Is Up. Good News?

If so then we can herald the fact that prisoners are renting lofts and condos.

It never ceases to amaze me that as soon as the economy starts to tank, inflation starts to rise, and prices go through the roof, that the press (and the administration) says all is not lost because the good news is that consumer spending is up.

Right.  The Commerce Department took glee in announcing that consumer spending was up 0.4 percent, double the increase economists had forecast.

The problem is that consumer spending is not up because earnings are on the rise, or that all of us are fully employed, or that tech is greatly increasing productivity.  No, consumer spending is on the rise because everything from gas to groceries is on the rise.

Rising food costs, soaring energy prices and falling employment have pushed consumer confidence to its lowest levels in five years. Incomes in March rose a weak 0.3, but after removing inflation, after-tax incomes were flat.

Without increased income all consumer spending means is that people are hurting, and our government and the media tout that as something to cheer about.

And, do not think that this does not have an effect on lawyers.  When money is tight everybody from business, to government, to insurance and finance companies put downward pressure on the payment of legal fees.  Lawyers, therefore, can only respond by attacking aggressively overhead.

But, do not be fooled.  Most Americans, and most corporations for that matter, do not have disposable income from which to take these losses.  No matter what you call the debt, we live in a credit card world.  And, do not tell me that most lawyers do either.

So, let us all just tighten our belts and move on because the great news is -- CONSUMER SPENDING IS UP!!!

Are High Gas Prices Greening The Practice Of Law?

I do not know for certain, but it certainly seems this way.  More lawyers are moving home full time or part time.  I get emails weekly from lawyers in transition.  They are cutting overhead drastically as a result.  They are wanting to end their long commutes.  And, what is spurring this on?  High gas prices.  It might not be the full impetus for these actions, but  I think it does represent the straw that is breaking the proverbial camel's back.

Also, to those not moving home, the trend is to get rid of those gas guzzlers they have been driving to and from work, to and from court, and to and from every place else.

As the New York Times is reporting, the higher gas soars, more and more buyers are flocking to small cars.  Just looking around the courthouses, I am noticing this trend as well. 

In what industry analysts are calling a first, about one in five vehicles sold in the United States was a compact or subcompact car during April, based on monthly sales data released Thursday. Almost a decade ago, when sport utility vehicles were at their peak of popularity, only one in every eight vehicles sold was a small car.  “It’s easily the most dramatic segment shift I have witnessed in the market in my 31 years here,” said George Pipas, chief sales analyst for the Ford Motor Company.  “The era of the truck-based large S.U.V.’s is over,” said Michael Jackson, chief executive of AutoNation, the nation’s largest auto retailer.

Indeed, and good riddance.  I cannot tell you the number of attorneys I know that went off and purchased huge automobiles, which they used for commuting, because the Bush administration and Congress gave them unbelievable tax right offs on these gas guzzlers years ago.  In downtown Houston I use to watch the parking garage after court as one after another Escalade, Navigator, Sequoia, Expedition, Armada, Q7, Suburban, Tahoe, Durango and the like pulled out.  A veritable parade of heedless extravagance.

It is true that I use to drive mini-vans, but I also had four small children to tote around.  However, in later years I use to be amused by the one person in a gigantic SUV stuck in traffic because they could not use the HOV lane, or waiting in line to pick up their only child at school.  I use to think how painful that was for them.  However, with things as they are, I now find myself getting resentful -- especially the other day when I saw a lady waiting in the school line in her brand new (temporary tags on vehicle) Hummer.  I feel they are affecting the quality of my life and that of my children with the pollution, the gas prices, the higher grocery prices, and now the upcoming increases in school taxes and tuition due to the energy prices.  Tax deals or no tax deals there is not an excuse for such thoughtless disregard.

But, I calm down and realize that not all of us are perfect (especially me), and everybody could do more.  Most of us are trying our best.  Ultimately, I am happy to see the changes, and if gas prices represent the impetus for lawyers across our country to simplify and uncomplicated their lives, to cut their expenses and their stress, to buy cheaper and smaller cars, and to incur less debt then maybe it is worth it.

Pros And Cons Of Working At Home

Starting Off

I continue to get inquiries as to how you start off doing a certain type of case when you have not worked as an associate or in the trenches of the practice area for years.  I continue to give my typical answer -- you just start.

Is this not what law school is about?  To train you to research, experiment, and the learn as you go?

No matter if you have practiced law for 20+ years as I have, you are still going to run into situations, or have to venture into other areas of law of which you know very little.  But, you can somehow manage these because it is an offshoot.  The process is the same.  But, here are my suggestions of the first steps you need to take.

1.  Concern yourself first with just learning the basics.  Read some general texts about the area of law.  I find it very helpful to read through blogs on in the area, and to study the websites of firms and lawyers that practice in the area.  Believe me when I say you will pick up the basics as you would with any primer.  The idea is not to get detailed knowledge of anything, but help you feel knowledgeable enough to take the first step.

2.  Find an experienced, reputable attorney that will work with you through the first few cases.  Some might want part of the money, most of them will not want any of the money, but the point is to get some guidance.  There are attorneys out there that will help and will be happy to do so.  Almost everybody remembers starting off, and nobody likes that feeling of insecurity.  There are a few jerks out there that will tell you that the secrets of the golden practice belong only to him or her, but we all know there are really no secrets.  Move on and find someone that will.  Cold call if you have no other choice.  Read their blog and website and email them if you must.  After all, you do not want them to do the work.  You want them to supervise your work.  If you cannot find an attorney, look to the high priced staff of more established attorneys. They know a lot, especially about procedure.

3.  Find out if there is some reasonable modeling software for the practice area that other attorneys in your area are using.  In some areas like tax, trusts, and consumer bankruptcy such software is a must.  A lot of this software will help walk you through the process logically and will warn you about issues while inputting.

4.  Join the various bars dealing with the practice area.  Many of these organizations have guide books and form books that will walk you through the process.  The State Bar of Texas, for example, has a detailed book that will literally walk you step by step through the probate process with forms.

5.  Take some time and drop in on legal proceedings involving the practice area in which you wish to practice.  If you intend to practice in the area of probate, you should drop in at the probate courts and just observe for several hours at a time.  The same is true for bankruptcy court, creditor meetings, family law court, criminal court, tax court and the like.  Do not let it worry you.   Often time the cases being heard are convoluted and above your head.  That is why the court is having to hear them.  But, believe me you will learn a lot, and you will learn the players.

6.  Tell everybody that you know or meet that you are or wish to practice in this particular area.  After all, you cannot practice in a particular area until you have clients.  You are not going to have clients if people do not know your wishes.  So, shout it out.

If you do this you might not know everything, but you will know enough to take your first step.

Just remember, there is no experience like experience and the only way you are going to get experience is through experience, so get yourself on the way toward experience.

The Law Schools Of Washington D.C.

Maybe there is no greater concentration of law schools per population than Washington, D.C.  But, then again there is probably no better place to go to law school than D.C.  Below are the schools of the District of Columbia:

• American University Washington College of Law, Washington
  4801 Massachusetts Ave NW, Washington 20016, Phone: (202) 274-4000 
• Catholic University of America  - School of Law, Washington
  3600 John McCormack Rd., NE, Washington 20064, Phone: (202) 319-5140 
• George Washington University Law School, Washington
  2000 H Street, NW, Washington 20052, Phone: (202) 994-6261
• Georgetown University Law Center, Washington
  600 New Jersey Avenue, NW, Washington 20001, Phone: (202) 662-9000 
• Howard University School of Law, Washington
  2900 Van Ness Street, N.W., Washington 20008, Phone: (202) 806-8000 
• University of the District of Columbia - David A. Clarke School of Law, Washington
  4200 Connecticut Avenue, NW, Washington 20008, Phone: (202) 274-5583 
• Washington College of Law - American University, Washington
  4801 Massachusetts Avenue, NW, Washington 20016, Phone: (202) 274-4000

Diebold Accidentally Leaks Results Of '08 Election

Hint - When Going To The Courthouse Leave Your Illicit Drugs In The Car

... And, please do not chalk this up to work-life balance or blending issues.

According to dothaneagle.com, when Malcom Williams entered the Houston County Courthouse in Alabama he poured out the contents of his pockets, like everyone else, to get through the metal detectors.  But, what did he pull out of his pockets in plain view of the deputies.  Two baggies of marijuana, a wad of cash, a cell phone, a knife and other paraphernalia.  As it turns out, Mr. Williams was visiting the Courthouse to visit with his probation officer and to pay a fine.

I guess after Mr. Williams realized what he had done, he tried to make a break for it.  The officers tried to use the Taser on him, but it was ineffective because of the clothing he was wearing.  (Note to self - wear a lot of thick clothing around Tasers).  So, he had to be shackled and handcuffed.

He is now facing not only revocation of his probation, but new felony charges as well.

So, this rule applies to lawyers as well.  When going to the Courthouse, leave your drugs, weapons and stuff in your car.

Should You Attend A Law School Based Upon Its Scholarship Award

It is law school acceptance time.  Some of you have choices and you are trying to make a decision based upon the scholarships being offered to you.  Well, Ann Levine at Law School Expert as some critical advice in this regard:

For those of you considering law school scholarship offers right now, please consider (1) whether the scholarship is renewable and (2) what is required of you to renew it. A 3.25 doesn't sound so hard to attain coming out of undergrad; but at some law schools that may be a GPA reached only by the top 20% of the class. If you're choosing a school primarily because of the scholarship then think about how you would feel without that scholarship 2nd and 3rd years. This is especially true if you would try to transfer because if you haven't hit the GPA requirement for your scholarship then you may not be the world's most competitive transfer applicant.

Sometimes I think for most of us the little bit of recognition that a scholarship offers us is too pleasing, but the scholarships offered to you need to be judge based upon what is likely and achievable.  Often a public law school is in the end cheaper than a private law school with what really amounts to a signing bonus of sorts because because of restrictions the scholarship offered is not going to repeat itself.  If you have a choice in law schools, do yourself a favor, and do not judge the scholarship based upon the appreciation you have for the recognition you believe it represents for all of your hard work, and try to determine if it amounts to real money compared to your other choices.

Hillary vs. Obama Death Match

The New York Post has an online game in which you can be Hillary Clinton or Barack Obama and fight out the issues on a boxing ring until both candidates are bloodied and bruised.  And, who says that online video games cannot be constructive or educational?  You can play by CLICKING HERE.

Cash vs. Profits

How many of us know lawyers or law firms that seem to generate lots of cash, but the lawyers or partners never have enough money?

We all know some lawyers in which this is true, and we have all been in this position at some time.  This is especially true with traditional law firms.  And, the reason is pretty simple.  These law firms or lawyers do not know the different, or appreciate the difference, between cash and profit.  In short, they mistake cash for profit and they are not the same animal.

Do not get me wrong.  You need both cash and profit.  Cash, for course, is the money that comes to the lawyer or firm while profit is the money that is left over after ALL expenses are paid.  The key is to find the equilibrium between overhead and cash flow.  If not enough money is coming in you can never make a profit.  However, if you allow your overhead to get out of control you will never have enough cash flow to allow yourself to prosper in the practice of law.

Law firms and lawyers try to run their practices by utilizing an income/profit or loss statement.  But, these do not show the cash controls in place.  Move home.  Get rid of your traditional telephone service.  Cut down on paper and print.  Cut your legal research costs.  Collaborate instead of hiring staff.  Stop commuting.  Cut back on using snail mail.  Each one of these things helps turn your cash to profit -- money that goes straight into your pocket.  What we call down here in Texas "folding money".

The other thing that is not well understood is that a law firm can grow and show a profit, but the lawyers involved will always feel like they are short on money if the timing of the cash flow is not correct.  It is important that you work constantly at accessing your cases and working to get money in as quickly as possible.

Especially if you are going out on your own, you had better get your overhead under control from the beginning, and work on bring money in quickly, so that you can feel comfortable in your practice.

Overhead And Message - I Have Traveled The Same Path As Peter Olson

Well, maybe not the same road to political enlightenment, but the one of lessons learned in the private practice of law.

We practice.  We learn.  We try to express ourselves to others so that they might find the trip a little easier than we did.

Peter Olson of Solo In Chicago posted about the two things he wish he knew or understood when he started his practice.  The first, is that you need to control your expenses.  Money not spent is almost as important as money earned, only most people discus the latter and not the former.  As he stated, "I still kick myself about throwing away money in the early start-up years. For me it was overspending on office space and commercial lawyer referral programs. A law firm can potentially earn you a nice living, but it's different than a non-legal start-up business where oftentimes you can really grow a business for 3-5 years and then sell it or go public".

The second gift of knowledge is that in network marketing you need to get in front of people who can refer you clients, but just as important (and what people do not tell you) is you need to have your elevator speech down.  How is it that you explain what you do to people.  As he stated, telling people something like "I'm a family law and real estate attorney" is not good.

I Am Not Sure Why I Did Not Make Time Magazine's List Of Least Influential Americans

It is really hard to say how this happened.  I work out of my home.  I do not have any staff.  I write a blog that a few read but the advice of which nobody follows.  Heck, my beagle, Mandy, will not even listen to me.  All I can do is promise that I will work harder at continuing to decrease my profile and influence until I can make this list.  It is going to happen someday.  I just feel it.  Thank you for not reading this.

Of Football Coaches And Law School Deans

Do you think that a person interviewing for the job of a football coach every goes into the interview explaining that he does not care if the team is the number one team in the country?  I seriously doubt a potential NFL coach can interview with a team and not talk about his plans to take the team to the Super Bowl in just a few years.  In systems, in training, in player recruitment, based upon schematics of Xs and Os I doubt there is ever a discussion about not caring to win the playoffs more than wanting to benefit or nurture the players.  The emphasis, whether a high school, college or pro football team is always about the school, the college or the NFL owners.  To the extent the players can contribute to the improvement of these power brokers that is acceptable.

Now, I have never been in an interview for a football coach or a law school dean, but I would suspect that apart from categories and subject matter the emphasis is the same.  No board wants to hear from the candidates for dean about how the candidates are not going to make the law school the premier law school in the country in some respect or the other.  Like the football coach, the candidate once selected that fails to achieve this goal will likely not be the dean very long. 

Important Information For All Of You Lawyers Who Just Cannot Make Yourselves Give Up Commuting In Traffic

Baylor University Law School

Smack dab in the middle of Texas in the smaller, away from the big city, Waco  (pronouned with a long 'A' sound and not a short 'a' sound), not far from George Bush country (Crawford), sits an outstanding little law school on the Baptist campus of Baylor University.

Founded in 1857, Baylor Law School is the oldest law school in Texas. Baylor claims one singularly mission  – to equip students upon graduation to practice law effectively and ethically. That is the key difference. Students are trained and mentored in all facets of law, including theoretical analysis, practical application, legal writing, advocacy, professional re