Chuck Newton

Modesty

I am often asked to describe the attributes of the Third Wave practice of law.  In this regard, I have often struggled with possibly the right descriptions. 

Sure it is easy to talk about features, to use a marketing phrase, but attributes are much different.  After all, attributes, when you think about it, our objects held by saints.  It is meant to be emblematic of what this type of practice is about.  It is intended to describe the variable characteristics of the practice.  Maybe it more abstract, but it is the philosophy, the attraction, the characteristic, the social science behind the practice.

So, I have thought about it over the years, and I have contemplated the question.  And, what I have concluded is that more often than not the attribute that should be most associated with the Third Wave practice of law is modesty.

Modesty?  Really?

Yes, really.

Look, I am not contending that the Third Wave is to the practice of law what the burqa by some Islamic nations.  It is not intended to cloak the entire practice of law.

Modesty, after all, is measured against a society or group of people.  In this case the traditional bar.  In this day of huge firms, lavish offices, showboating, extravagances, slap actions, and overly zealous lawyers, it is not hard to appear modest.

But, modesty is the goal of the Third Wave practice measured against this standard.  The Third Wave represents a type of reticence or a type of demureness, does it not?  By its very nature, the Third Wave represents a deeper humility and simplicity than does the typical law practice.

Third Wavers do not, by their action and nature, subject themselves to peer pressure.  They do not conform to the community standards of how most in the bar operate a law practice.

Think about it for a moment and you will see this is true.  In an age where most attorneys want an audience for cars in which they commute, their offices meant to impress, their clothing intended to portray power and expense, the Third Wave more discourages non-essential exposure.  You will not see a Third Wave attorney plastering themselves all over phone books and magazines, and blasting themselves into every home over TV and radio.

Third Wavers work from home or nondescript office environments.  They soft sell and attract clients by personal, one-on-one, referral-based communications.  They make court appearances over the phone when they can and do not need luxury cars to commute to and from work.  They do not seek to lord over staff and employees.  It is not about flash.  Third Wavers are more about substance.  Yes, we hang out on the web and in social media sites, but what we do is make ourselves available only for those who what to discuss or what to view.  We are not carnival barkers, and do not rely typically on push technologies and intrusive media.

Further, when you analyze it, the Third Wave applies equally to lawyers based upon gender, race, height, hair, and whether one is skinny or fat.  Because there is no hierarchy in terms of employment, there is no such restrictions or discrimination in the Third Wave practice.

The Third Wave is not exactly the fig leaf of the legal profession, but the Third Wave does not promote class-based exhibitionism either.

Like it or not, this is my thought on the subject.

Linked In - The Site That Does Nothing!

I am moderately involved in social media, and admittedly some of the uses of some sites is relatively subjective.  But, I have never understood Linked In and the value it provides.  (In short, it does not provide a value that I can see).  I have a Linked In account, which I do not often use.  I get nothing of even subjective value out of it.  It is a site, which we might say in Texas, is all hat and no cattle.

Therefore, I appreciated this video on Current TV mocking Linked In.  Enjoy.

The High Tech Washing Away Of Sins

I am just as nostalgic as the next guy.  I like to visit old churches, and especially the painted Catholic churches built in Texas in the 1800s.  I am not sure why, but there is just something comforting about sitting quietly surrounded by history.  Maybe it is the thought that all before us had to deal with the same sins, endure the same struggles, and avoid the same temptations, even if they might all be a bit easier or a little different in packaging now with technology.

Truth be known, it is really my decorating style.  I like mixing the old with the new in my home, and in my outside offices of times past.  I use to like to keep an antique Texas Reporter open to a Texas Supreme Court case describing negro people as chattle and discussing them in terms of property rights, on an old antique desk in the entry area of an office that was mainly modern design.  It was not an affirmation of how things should be, but a reminder of how far we have evolved and how cruel we as a society could be.

I digress some, but I found the report by NBC News of the Italian inventor who combined his faith and technical ingenuity, and invented an electronic holy water dispenser for those attending Mass, and worried about catching the flu.

Sounds innovative to me, but I am sure it was roundly opposed by many.  After Mass recently I found myself in a discussion with older parishioners of how, not in a religious context, computers, the Internet, video games and even TV were destroying the fabric of America.  They knew this, I suspect, because they heard it so stated on TV and computers over the Internet.  Needless to say, my church does not have a great history of timely embracing progressive ideas and technologies.  It even persecuted Galileo, acting on directives of the Inquisition, from discussing his heliocentrism hypothesis (all celestial bodies did not move around the earth, but rather around the sun).  And, the Church disapproved of his experiments using the new high tech telescopes.

And, who can blame those in the Church now.  It is just human nature to oppose that which we do not know.  We are more happy with the devil we know than the devil we do not.  History tells us, however, that the Church or the majority has never won the fight against the integration of technology.  We keep trying, however.  We fought the typewriter as immoral after all.

Along these lines, I have never understood why the Church does not come into the modern age.  Wear the garments of old if you will, and many of the traditional ceremonies are fine.  As stated, I do not want to take away the familiarity of what really counts, but in this Third Wave age I have thought the Church is terribly inconvenient.

Printed materials?  Catholics are not generally big Bible thumpers, although they are very concerned with The Word.  As a result, they let the Bible lead the procession in to and out of Mass.  Don't let me be stuck down, but I have often looked up and thought, a physical book?  Why not a Kindle.  Same for the readings.  I have to sit there in disbelief while parishioners fiddle through the readings in a book to find what they are to read.  Then they stand there and have to struggle with their glasses and the lighting not suited for older people reading anything, only to read to  me in a speed meant for a kindergartner.  Can we not have a back lit e-reader or LCD screen on the lectern, with large print for these people?  The Word is The Word after all.  Who says it has to be in book form.  If it is originality you want, why should it not be scrolls or animal skins?

And, why must we continue to pass baskets through mass in which to place cash and checks?  Who writes checks any longer?  Why not just chisel them thing out of rock if you want to be authentic.  As for cash, I always find myself remembering after I am already running late that I do not have cash, leaving me hunting for the nearest ATM.  Just put a computer in the church where I can swipe my debit card and give a donation.  Just cut the whole collection thing out of the Mass altogether and let people use the tech they are already using to make the gifts they need.

My last complaint.  If newspapers are dying, then the bulletins Churches hand out after Mass should already be dead.  I do not want one.  I do not want to lug it home.  Certainly promote the churches website, but this is typically a failed substitute because most church websites are not content rich.  They should be.  RSS, email updates, YouTube channels, text updates, and really the whole social media and networking options should be employed instead.

At Mass recently the parishioners were lectured because some where Twittering in Church while the Bishop was visiting.  Shame on these people.  I make a point not to.  But, the bigger question is why are the Bishop and the priests and the Deacons not all Twittering?  It is about time we come in from the dark ages.

Just do me and the planet a favor.  Do not print one more piece of paper.  Do not spend one more dime on postage for me.  Consider it a sin.  Accommodate me and the changing World, in these ways that really do not matter to our faith, and my though is the Church will be richly rewarded.

Want To Be A Good Lawyer? Try Not Thinking Too Hard.

I do not know if I can be accused of being a good lawyer, but I am certain I can be accused of not thinking too hard.  But, let us face the truth.  We all tend to come up with our best stuff -- out best ideas -- our best thinking on a subject when we are distracted and thinking about something that we sometimes more pleasant.

I am, of course, talking about that "aha" moment -- that break through in thinking moment -- that point where things seem to coalesce in our brain.

This is the problem I have with those lawyers that disregard the concept of work-life balance or blending.  Those that think you take a new associate, chain him or her down at a desk staring at documents 60 hours a week, might be expanding billable hours, but they are not promoting creative lawyers.

Do not we all find that the prime moments of thinking come when we appear distracted?  That what we want to come to us does not when we are struggling to come up with it?  Well, the same is true for law.

It is nice to think, as lawyers did in the Second Wave, that you are going to maintain to-do lists, calendars, get up early, go to bed late, and stay on a work schedule.  In truth, you will end up bored out of your gourd, tired and just plain unimaginative.  And, any way you cut it, that does not make for a good lawyer.  That makes for someone that wants to exit the practice of law.

How many of us have come up with our best legal ideas, causes of action, solution, arguments, legal theories, and during moments when concentrating on other things, in front of the TV, at our kids track meet, watching a ball game, walking around the block, blogging, at a concert, on the golf course, doing yard work, on a card ride, or otherwise no expecting to?  I would dare to believe most of us.

It is undoubtedly part of the saying that goes something like, "All work and no fun makes Chuck a dull boy".  It also makes me -- and you -- unimaginative, one dimensional, and burned out on the practice of law.

I was reading an article recently in SmartMoney magazine, while waiting to get my hair cut, that pointed out that Nobel Laureate physicist Richard Feynman used to visit a topless bar, sip soda and scribble quantum mechanics on a napkin.  Now that is a distraction, but not one that I would necessarily advise.

Albert Einstein came up with his theory of special relativity while not thinking about it at all.  He was imagining himself as a child riding on a beam of light.

Brain scans show that when we think we are not overly thinking our unconscious mind is working overtime looking for the perfect solution.  And yet, when try to force it with our conscious mind we get nothing but confused and a headache.  The conscious mind is sort of like working with a pencil and paper, while the unconscious mind is more similar to inputting data into a computer and letting it run through through all random data.

This is the reason that answers often seem to come to us from nowhere.  Better yet, these thoughts from nowhere tend to be more creative and novel than the ones we slave over.

When you concentrate on a matter you turn on your brain's prefontal lateral areas, which governs analytical thought.  But, your insightful and more nuanced answers come when you allow your medial areas to work.

This is the old right brain, left brain analogy.  It is part of the women are from Venus and men are from Mars understandings.  Hey, maybe it is what distinguishes conservative -- prefrontal -- people from liberal -- medial -- people.  But, I digress.

The point is that creativity comes when both parts of the brain are allowed to work effectively.  Therefore, those that never do any work, and those that always work at the practice of law have a problem.  The data has to be in the your brain before the unconscious computer can do its work.

The difficulty with trying to find the "aha" moment is that you cannot work for it.  You cannot dig for it.  Prolong staring at codes, statutes or case law is going to help.  You cannot get to the deeper regions of your brain just because you want to.  The more you press to get there, the less likely you will find the solution or the idea for which you are looking.  The only way you can access this portion of your mind is to let your mind wander freely by doing something repetitive, such as washing clothes, power washing your driveway, playing video games, watching cooking shows on the Food Network, attending your child's recital or play, watching football, going to a movie, or casually surfing the Net.  This is because when we concentrate, the brain suppresses territory on our mental map, and it tells all of the thoughts and theories in the unconscious to be quiet.

So go to the movie matinee, go to the ball game, go work in the yard, go walk your dog, go read that novel, go catch part of that old movie on Turner Classics, and take a nap.  It does make you a smarter person and a better lawyer in my opinion.

Now, what does make this easier to do is to not work within the direct scrutiny of others that can observe you doing this.  All these people need to know is that you get your work done, and you deliver the thoughts and ideas that they need.  It is no secret that some people view this the wrong way.  Therefore, working at home is best.  It is the place that you can best blend work and life into a powerful and creative thought cocktail that will impress not only others, but also yourself.

How I Effectively Learned To Staff My Law Practice

I had a large bankruptcy practice with five office locations, lots of lawyers and lots of staff, and during that time I tried to answer one of the primary questions of any law firm manager.  How to effectively staff a law firm?

And, let me tell you, I was bad at it.  Some might think I was a bad boss.  I would disagree with that.  I was an ineffective boss.  In hindsight, I thought I should have been more of an ass in dealing with the other lawyers of my firm and staff.  And, therein lies the truth of the matter.  Too often you have to be an ass to run a complicated law firm business.

And, who wants to be an ass?  Oh, it might make you feel tough and in charge for a while, but it wears on you.  Nobody wants to feel like a bad person.

As for me, I would swing to extremes.  Generally, I would let staff walk all over me.  Do not show up to work, answer the phone, have a bad attitude, and not do the job.  I would sit there and worry for weeks about needing to terminate the person.  Sure I did not want to have them around any longer, but I worried about what getting fired would do to the person's family.  I would feel guilt and I had no reason to.

Then I would have had enough, generally over the fear of cash flow, and demand to know everything.  Scrutinize everything.  Yell about everything.

Somewhere in the process I just decided that I did not want to lord over people.  If that was empire who in the hell needed it.  All I recall is that there had to be a better way.  What I wanted was for people to do their work, and not to hoover around trying to find out how and when they accomplished the work.  All I wanted was to be able to determine the firm's profit margin with some degree of accuracy.

Meetings?  Hated them.  Managing staff conflicts?  Resented it.  Meeting a large overhead?  It made me sick at my stomach.

I do appreciate lawyers not long out of law school, especially the business minded among them.  They want to conquer the world, and rapidly grow a legal organization.  They envision themselves as more CEO than lawyer.  I understand.  I did to.  I, by the way, achieved it.  But, what that means is empire building.  That might be fine for some, but I can tell you it is not what it is cracked up to be.

The other thing I generally found is that you cannot effectively staff your office, or any business for that matter.  You will always not have the right combination of people at the right time, doing the right job, to make an organization work as well as you want.  This does not mean you will not survive.  It just guarantees that you will be miserable most of the time.  Trying to solve these problems will mean that you will never have enough time for yourself and your family.  When you do the talk will not be about the kids, or your parents, or church, or your upcoming vacation.  It will be about work and trying to achieve this goal.  You will have too much staff and not enough lawyers.  Lawyers and not enough staff.  Staff and lawyers not doing the right job.  Nobody paying attention to the bottom line.  Nobody will be happy with pay and benefits.  You are firing, hiring, rearranging, and trying to make ends meet.  Is that how you want to practice law?  Is that why you went to law school?

So, what I did was ditched it, niche it and pitched it.  This is to say that I ditched the practice and the firm.  The staff, the attorneys, the office space, and the overhead.  I niched the part of the practice that was most profitable and individually manageable.  I then pitched that new niche to everyone I could find that could refer me clients -- cheaply.  No more TV ads, newspaper ads, radio ads, yellow pages, or phone book covers.  No more landlords, equipment leases, or utilities outside of my own.

I only became effectively staffed when I became a firm of one doing what I knew how to do, and what I wanted to do.

This does not mean that I work alone.  I am just saying that the cases float the overhead and not me personally.  You see, I collaborate.  There are now four lawyers working from diverse locations, in a couple of states, that work with me on cases.  I no longer worry about when they get to the office, leave, how long they take for lunch, who they are dating, the personal time they need, what kind of car they drive, or anything of the kind.  What I care about is that the work is completed on time.  These attorneys are motivate by the same thing I am motivated in doing.  Making a living.  Their ability to make a living is the same as mine.  It requires timely work and an attention to detail.

I no longer have offices; equipment other than my personal computer, printer, phone, etc.; commuting costs; staff; or, paychecks to worry about.

So, the most effective staff for any law firm is you and only you.  The best way to assign work is to collaborate and not to hire.  The best way to peacefully with others existing is to mirror pay to performance.  The best way to find the most personal time is to cut not only the commute, but cut so many layers that you no longer manage much.

It is really up to you.  Do you want to be an emperor?  Or, do you want to do what you want, with a few problems as possible, and make a consistent living?  It is up to you.

Home Office Sloth-Cloth

Oh come on.  You work from home.  Do not pretend that you shave and dress up in a business suit every doggone day.  And, if you do, the question is why?

We all need some down time.  The beauty of working from home is that you get more down time than everybody else.  When you work at home you can be a little less guarded.  Maybe that is part of the joy of working at home.  You do not have to please anybody but yourself most of the time.

Sure, you have to clean up well when you go out of the house, but while at home it is all comfort without a commute.  In fact, the term "carpet commute" describes the homey feel of it all.

I have got to admit that I use to be a little embarrassed when the mail person or FedEx person came to the door.  Not because I was obscene, but in my ease I can get a little raggedy.  But, what I have found out is that these professionals are not necessarily over dressed themselves.  Further, I think they might be just a little jealous.

Home office clothes?  Too often it is an old baggy pair of Dockers or shorts and an sloth-cloth.  You know, an old t-shirt that you like to wear around the house.  And, depending on the time of the year, I am usually barefoot, wearing white crew socks (with the gray toe and heal), or my old-man slippers (well, because the floors get cold in the winter).

I am not saying that I go out of the house this way, unless it is a quick trip to the grocery store or the hardware store.  If I am meeting with a client, I am at least semi-formal -- meaning a suit without a tie.  Of course in Court I wear a suit and a tie.

At home, it is all about comfort and I do not have to be self-conscious.  I do not have to be anxious or artificial in any way.  Nobody can see me over the phone or online.  So, being just me, I do not have to feel contrived, or hammy, or studied, or Hollywood.

My clothing often allows me to go from office work to manual labor of sorts.  The other day, for example, I was working on pleadings, then I took a break, went to Home  Depot, and came home, rolled on the ground, and replaced a sprinkler head I drove over previously.  I washed up a little, and then I was back to the pleadings.  (I know, I know, you are asking how much fun can one guy have)?

I think it was Mark Twain who said, "The finest clothing made is a person's skin, but, of course, society demands something more than this."  And, even at home, I wear a lot more than this.  After all, some people should not be caught naked in the privacy of their own home, and I certainly fall into that category.

So, on what do I base my home office fashion sense?  As the late, great Gilda Radner said, " I base most of my fashion sense on what doesn't itch".  For me that represents khakis and pocket tees.

Now these are not my church clothes because I have come to learn that God prefers ironed, buttoned up shirts, with a collar, nice slacks and dress shoes.  Go to church in your home office sloth-cloth and you are going straight to hell.  Go to court in your sloth-cloth and you are going straight to jail.

My point is dress appropriately for where you are, but in your home office it is okay to be a Raggedy Ann or Raggedy Andy.

Enjoy the home office experience.

ARE YOU INTERESTED IN POSSIBLY JOINING ME IN A THIRD WAVE SUMMIT OR SABBATICAL TO JAPAN NEXT SUMMER? PLEASE LET ME KNOW!

Did you know the Biblical Sabbath is the origin for the present-day practice of "the weekend", meaning Saturday and Sunday in which most do not have work scheduled, or where, like me, your work schedule is more relaxed.  It comes from the Hebrew Shabbat meaning literally a "ceasing" in work.  It is meant to be a hiatus.  Also from this comes the concept of sabbatical, which is an extended version, which traditionally lasted a year.  But, in recent time sabbatical has come to mean any extended absence in one's career in order to achieve something.

Many times what we want to achieve away from work is just a better understanding of things.  We just want to get away and experience new and much different surroundings.  To open up our minds to new possibilities.  To avoid the mental restrictions and constraints under which we live from day to day.

There is just something about being away for a while, and I do not mean simply near a computer or cell phone in a different location.  I mean out of pocket and mysteriously away from the action long enough to consider other things and other factors that might positively impact our lives.  To get away to someplace you might not otherwise go on your own.

So, although I have not made any plans, I would like your input on what I am thinking.

I am thinking about ditching it all for a week next summer, leaving the country for a more foreign culture, in an effort to see how the rest of the world lives and works -- literally.

I am thinking about a Third Wave conference, or really more of an un-conference of sorts (a sabbatical if you will) wherein we legal professionals (lawyers, assistants, law students, techies, consultants, bloggers and the like) can commune and discuss with each other the concepts, the benefits and the nuts and bolts of the Third Wave Practice of Law, including the home-based practice, the virtual law firm, the niche practice of law, cheap tech, marketing and growing a non-traditional law practice, and collaboration, just to name areas.  While, at the same time, getting our minds clear and our horizons adjusted and calibrated properly, by experiencing a different culture, a different environment, seeing the sights, and studying really comparative law or legal practices.  How does the law differ in different places of the World?

CLE would be great, and with some planning there is no reason why this could not be added or achieved so as to kill two birds with one stone.  This might also add some tax incentive to the trip.

Get away from the kids, the pets, and the pressures of the home and office for a week.  Leave the cell phone and the email behind.  Travel and experience and share and learn in a group of like minded law professionals.

I am thinking that maybe we can plan a trip together to Japan thinking that what will change our perspective culturally will assist us in changing our perspective about the practice of law in our country, and allow us to more fully understand what is truly possible.

It also goes to better understanding and appreciation of the concept of work-life balance or blending.

Japan, it would seem, would offer us that difference, enjoyment and entertainment we all want.  And, with its mass transit, it could very well offer us something reasonably affordable.

My daughter, Mary, knows the county well, has worked there, has a degree in Japanese and is fluent.  Many in Japan speak English as well.  She could be our guide, and in that she will have finished her third year of law school by that time, she fits in our criteria and has our interest at heart.

I would hope that along with seeing the traditional sights, that we could arrange to visit a Japanese law school, a law firm and government offices to get a perspective how how things differ and not.

I understand that it is a lot to consider, but I would like to be able to gauge the interest out there for such a trip next summer.  There is no reason to go to the effort over the next year if there is not enough serious interest.

So, here is what I would ask of you.  If you would be interest in attending such a retreat and learning experience next summer (alone or with your significant other), please email me and let me know.  I want to start by compiling a list of possible participants that want to understand more about the Third Wave practice of law and other cultures.  I am looking for both newbies and those who would have the capability and would care to share your expertise with everyone about related matters, such as law firm tech, blogging, marketing, networking, collaborating, niching a practice, working from home, unbundled legal services or the like.  Obviously, there is no obligation at this point and no money to put down for the trip, but I would like to have a list of people who would be greatly interest.

Email me at -

chuck@chucknewton.net

And, give me your contact information and any ideas that you might have for such a trip.

Other bloggers and social media types, please help me spread the word to other legal professionals.  Your assistance would be greatly appreciated.

If we get enough interest, we will start planning and organizing something more formal for your review.

Do You Participate In Religious Lawyer Organizations?

I do not necessarily do ,although I have attended meetings in the distant past and I certainly do not have a problem with anybody else that does join and attend these organizations.  Although it is obvious that most lawyers do not explore this possibility you have to wonder why.  Why not feel comfortable with those that think like you in many ways?  Maybe it should be at least a casual relationship that all of us should consider.

Jewish attorneys have organizations such as the American Association of Jewish Lawyers and Jurists, the International Association of Jewish Lawyers And Jurists, and the Jewish Lawyers Guild among others.

Catholics have the American Catholic Lawyers Association, The International Catholic Lawyers Society, the Catholic Lawyers Society, and the Catholic Lawyers Guild among others.

Protestants generally have more general Christian organizations such as ChristianLawyers.Com, the Christian Legal Society, Christian Trial Lawyers Association, among others.

Muslim's have the National Association of Muslim Lawyer (NAML), the Muslim Bar Association of New York (MBANY), the Muslim Bar Association of Chicago, and the Bay Area Association of Muslim Lawyers (BAAML) among others.

After all, the practice of law and the make up of lawyers are not divorced from the concept of faith.  We trust and worship our God, although maybe in different ways and among a number of different religions.  But, we do have faith in common, or that confident belief and trust in the truth and trustworthiness of God.  Why should we not explore that more deeply?  Why should we, in our own way, not try to feel more comfortable in fellowship with those that believe as we do?

Of course I think we all have to strive better to be more tolerant of others that do not necessarily believe as we do, but there is nothing wrong with associating with others that do believe as we do.

The Wedding

I have received a lot of email and communications concerning the wedding of my daughter Mary.  It was a very nice wedding.  Here are a few photos taken by some people.  The officials ones are not back, yet.

The first picture is at the rehearsal dinner when the bride's mother and I share a cry after we are told by the bride that we have to, of course, finish paying for her JD/MBA.

The picture of the two families (or I guess three families now).  We are on your left of the bride as you look at the picture.

My four children from you left to right.  Patricia (PJ), Mary, Charles II (Charlie), and Mark.

A picture of the bride.

Dad and daughter.

Bride and groom dance.

Mary Gets Married

Well, my oldest daughter gets married on Saturday, June 13, 2009.  How somebody juggles all of the tasks and duties she has, I am not sure.  I do not know how her husband to be will handle this little ball of fire, but I ask if the world is ready for this over achieving lawyer - -