Chuck Newton

As It Turns Out It Is Legal For A Lawyer To Blog And Make A Living In Texas

I have blogged about this before, but I thought you might like to know how it turned out.  A lawyer in one of my cases (whose name I will not mention because ultimately I do not want to embarrass the lawyer), filed an affirmative defense stating that I should not allow to recover attorneys' fees and costs in my case because I have a practice blog and URL of StayViolation.Com.  The lawyer followed this up with a motion to dismiss my lawsuit in which he repeated, as part of that motion, this defense.  I had to file a response to his motion to dismiss, but I got upset and filed a motion to require him to strike the scandalous matter for his pleading.  I tend to think it was a your's stinks and mine does not defense because this lawyer maintains his own practice are website, as do most attorneys appearing in federal court.  I also filed a motion to dismiss his counterclaim based on what is essentially Rule 11 of the Federal Rules.  We wasted hours in briefing and appearing in Court.  In accordance with my brief the Court agreed this is a free speech issue that does not have its place the the litigation.  The Court ordered that the scandalous issue be stricken and the pleading amended to remove it.  He also dismissed the attorneys' counterclaim, but denied opposing counsel's motion to dismiss my client's lawsuit.  Sadly, the relationship between counsel continues to be strained.  However, to those who were wondering, it is still legal to maintain a practice blog and still get paid, at least in the federal courts in Texas.

Go Rural Young Lawyer

That would be the conclusion you would draw from a recent study of lawyers and salaries (especially of consumer based lawyers) conducted on behalf of the Indiana State Bar Association.  According to Imperical Legal Studies, one of the most surprising findings in an analysis of the study was the lower incomes of small firm lawyers (i.e., five or fewer lawyers per firm) in large metropolitan areas versus  mid-sized and small and rural markets.  Lawyers working full-time in 1 to 5 lawyer firms in large metropolitan areas made an average of $112,712 vs. $117,284 in mid-sized markets (75,000 to 200,000 residents) and $117,741 in small and rural locales.  The article analyzes why this might be true, and I will let you read the post on the study.  However, it comes down to competition (or lack thereof).  The point that is likely is that living in a more rural setting is cheaper.

My Youngest Daughter Graduated From High School Tonight

My youngest daughter, Patricia Jane (P.J.), graduated from high school tonight.  One year early.  From a personal basis this is what practicing law is all about -- helping and seeing your children achieve and evolve -- being able to be there for them and with them.  There is nothing like being able to hug your teenage daughter after she walks across the stage as she looks at you with that look that says all too well that your relevance is diminishing greatly.  That is okay.  That is the way it should be on some level.  Only, I still get to work to pay for college.  You see, I suffer from mal-tuition.  To all you young lawyers out there, I say work, love and save.  And remember, your children grow up too quickly.  If you spend your entire life at the office, commuting, and in Court, you will miss it.  You want to set an example for your children, but being aloof, detached, preoccupied and unavailable is not the image you really want, is it?  You can be the greatest and richest attorney in the World, but what is the importance of that?  Your family and your loved ones are(and should be) what matters most.

Balance In Law School Education

According to Legal Writing Prof Blog the Association of American Law Schools has created a new section or group called "Balance in Legal Education" dedicated to improving legal education by providing a more balanced approach between legal education and law practice.  This new section will have its inaugural section program at the Annual Meeting in New York City in January.

It Ain't Over Till It's Over, But It's About To Be Over

Huh?

As they joke about opera, it is not over until the fat lady sings.  Well, maybe the fat lady has not sung the fate of Big Law yet, but she is warming up.  She is clearing her voice.  She is running through the scales.

As pointed out by Mike Dillon, Senior Vice President, General Counsel and Corporate Secretary, Sun Legal Department Sun Microsystems, Inc., Big Law is headed The Way of the Mastodon.  As he states:

I'll Sue You!

While I have been picking on Rick Georges (the smartest guy I know) in ways that he probably does not deserve, I thought I would show you another hilarious song from Weird Al from his new "Straight Outta Lynwood" album, done in the style of Rage Against the Machine.  It probably represents the image that the general public has about us lawyers, but the stereotype is funny. (more)

In Honor Of Rick Georges Who Is Getting Better

Tomato Ice Cream?

My daughter, Mary Newton, posts this picture of her eating tomato ice in Japan.  Tomato ice cream impresses me as being wrong.  It is confusing.  That just ain't right.  I like tomatoes on my salad.  I like tomatoes on my Saturday hamburger.  I even sometimes like cherry tomatoes as a snack with a little ranch dressing.  Not as ice cream.

The Third Wave Algorithm

In mathematics or computing, for example, an algorithm is a finite list of well-defined instructions for accomplishing some task that, given an initial state, will terminate in a defined end-state.  In the Third Wave practice of law that defined end-state is the work/life balance or blending that most everyone is attempting to achieve.  It is the ch'i or ki of life.  But, what are the well-defined instructions for accomplishing this task.  I think you can begin with the following:

Already A Year Ago? Man, I Am Getting Old!

As my oldest daughter, Mary Newton, pointed out it has already been a year since she graduated from The University of Texas in Austin.  She is in Japan now and will not home until just before she is to start law school.  Here are two babes, Mary and my girlfriend (her mother, my wife, my law partner):

Ready or not, there are three more children in or heading through college behind her.  Jane, do not know if we will survive it, but we will give it a good try.