Chuck Newton

Looks Like I Left Comcast Just In Time

My little firm is greatly dependent on broadband.  It is my practice's lifeblood.  And, there are those that want to find ways to charge greatly for the service.  Like gas and cell phones and electricity there are those that yearn for the day that they can make you beg for the service and make then make you pay through the teeth to keep it.

One of those is Comcast, the nations second largest Internet service provider.  It just announced that it will start limiting its customers on their Internet use.  That is actually a misnomer, however.  What they mean to say is that they intend to start charging their customers more money on top of the huge fees they already charge for the services they provide.

Comcast is following a trend.  Cox Communications' monthly caps vary from 5 gigabytes to 75 gigabytes depending the subscriber's plan. Time Warner Cable Inc. is testing caps between 5 gigabytes and 40 gigabytes in one market. Frontier Communications Co., a phone company, plans to start charging extra for use of more than 5 gigabytes per month.

We already have the most expensive and slowest broadband of most industrialized nations.

The strange thing is that I just left Comcast for AT&T U-verse system.  It is not perfect, but it is light years better than Comcast, who had already been slowing down video and voice.  The cable TV pictures are better on AT&T, and you get more stations for less money, and all over fiber optic.

I did not leave Comcast because of the limit in broadband, however.  I left because I am convinced that it has be be the worse run company in the tech World, with the possible exception of Time Warner.  I would have complained more when I was with Comcast, but they would never respond to my emails and you could hardly get through to them over the phone.  A one hour wait or better on the phone was not untypical.  Then they would get on and simply say to reboot your system.  I would tell them I already.  They would make me do it again.  Then they would promise to send someone out in four or five days, who would never show up.  Oh, those were the good old days.

There slogan is "Comcastic".  They are simply bombastic, however.  It is time for them to go.

Of Assumed Names, Integrity and Dikshits

As far as law firms are concerned in Texas, it is probably a moot point.  You cannot use trade names.  Many lawyers in many other states do, however.  Generally speaking, I do not understand it.

Have you ever noticed that lawyers and business people seem to adopt a trade name that is the complete opposite of what they actually are.  The problem, do you not think, is that if I see it this way, others do as well.  So, when something is named "guarantee", we think there is no guarantee.  When it is named "quality", we think there is no quality.  When it is named "trust" we think they are untrustworthy.

It represents people and lawyers and businesses that want to put on airs.  Most people are skeptical.  They have been marketed to death.  Most, I think, see it as pretense, vanity, arrogance and the like.  That is probably the opposite of the person, lawyer or business person intended.  But, people see through this malarkey.

I got a whiff of it again when I read that Integrity Bank of Alpharetta, George was the 10th bank to fail so far this year in America.  Luckily for most people Regions Bank took over both the insured and uninsured deposits and some of the assets.  The FDIC will still be out about $300 million.  And, this from a bank that first opened its door only in 2000.  It gambled hard in the most risky areas of real estate during the boom, and it lost mightily when the market fell.  Gambling is not the same as integrity.

Integrity is suppose to be the state of being whole, entire and undiminished.  It is suppose to represent an institution that is sound and in perfect condition.  Well, I guess that was wrong.

More shocking, I think, is that the Bank was suppose to adhere to moral and ethical principles and be of sound moral character and be honest.  Right.  Before it decided to gamble 76% of its total assets in construction loans on spec buildings, it was formed as a so-called "faith-based culture" organization.  A bank based on christian principles.  Like Jesus did not turn over the tables of the money changers and chase them from the Temple.  Or, I am sure it is a name that would make people like George Bush proud.

I wonder why they just did not call it Jesus Bank.  Then they could advertise as, "Accept Jesus Bank as your personal saver."

My I suggest to you is that unless you have a name like billionaire buisnessman Anurag Dikshit, then I would strongly suggest you just use your own name.  After all, should you not be promoting yourself?  Then again, Anurag Dikshit is a billionaire.  Maybe it means somethng to just be yourself.

The Real Things You Learn In Law School

There was an interesting post by a recent law graduate on The Good Kind of Random, in which he expounded on the 5 things he learned in law school.  These are all good.  I believe they are worth highlighting here.

1. Good study habits.   My first semester of law school was pretty unimpressive. In fact I managed to get my first “C” ever. And also my first “D”. Ouch.  I thought I’d improve greatly in the second semester, but I basically had a repeat performance. I was so disappointed, I was used to thinking of myself as “naturally smart” and not ever needing to study; I was used to academics being easy.  After a rough first year I gradually turned things around and by my last semester in law school I finished with all Bs–not perfect, but hey this is law school we’re talking about.
2. Argumentation.  [M]y legal education has helped me to see important counter-points when reading/hearing an argument.  I honestly really enjoy working through the pros and cons of a particular argument and trying to see an issue from both sides, and I think I’m much better at doing so thanks to law school.
3. Patience.  Perhaps nowhere other than law school can you pay ten thousand dollars a year to be poked at and ridiculed in class (the Socratic method of humiliation), take a four hour exam covering every possible detail of the past three months which alone will determine your grade for the course, and then be made to wait two months to find out if you passed. Maybe that doesn’t sound like the response of a man who has learned patience, but trust me, that’s going easy on the experience.  And by easy I mean taking full advantage of the oddities for your reading enjoyment. Sarcasm aside, the way grades are posted in law school really did help me to be patient.  There’s only so much anxiety a person can take ...
4. Humility. [C]oming to law school was a MAJOR reality check, as I went from being in the top five percent to being average at best.  Being “average” is not a bad thing–it’s pretty normal.  But for me this little paradigm shift opened my eyes to how I thought of myself in relation to others. I think most folks value intelligence, and there’s nothing wrong with wanting to be smart, it’s just that I had an inflated sense of how smart I was.  Now my view is that pretty much everyone I meet is intelligent, even though we communicate that intelligence differently. And at any rate, a person’s intelligence does not determine his worth as a person… And that leads me to the next big lesson from law school.
5. Self-worth apart from externals.  [I]t is sometimes hard to fully appreciate, especially with our culture that so highly values individual merit.  So while the first year in law school is hard on its own, it’s even harder when your grades tell you that you maybe aren’t that smart, and that maybe learning just isn’t your forte, or that there’s something wrong with you.  These are thoughts I grappled with during my first year of law school.  I think I managed to discard the distracting self-doubt questions (no more “D”s after that first year was a huge help too), but there was some value in the experience.  Law school helped push me into a hard, uncomfortable place, one that I had to grow out of, and one that I am, retrospectively, grateful for.

You can read the entire post at The Good Kind of Random.

Leanover

I hardly drink anything but tea and diet sodas, so it is not what you think.  Typically, a leanover means a small-sized hangover with a mild headache, some fatigue and some regret.  But, it seems that I have spent my entire summer, unlike many of you who vacationed, in Court, meeting too many deadlines, researching and drafting.  And, the briefs!  I cannot seem to get away from speed briefing this summer.  Every judge wants everything briefed.  And, I am talking about briefs that are similar to my political theory exam in college.  Essay question - "Describe the evolution of political thought from Aristotle to present".  Those kind of briefs.  Briefs that start out something like, "In 1803, Marbury v. Madison ... "

Lately it has all left me with a bit of a leanover - a headache and fatigue and a little regret for a missed summer.

I think this gets worse and better the older you get.  It is worse because my eyes seem to blur over worse.  It is better because I can follow through more quickly than when I was younger.  After you come out of that testosterone fog a bit, you can concentrate longer and harder on this type of work.

What I am happy for is that I work from home.  I no longer have to drive home in a daze after a long day at work.  It is simply easier to break and rest, relax and resume to get through times like these.  I can just give up for a few minutes, get some iced tea, go out on the back patio and collect my thoughts while watching my legal beagle chase the squirels up the trees.  I can throw myself down on the couch, turn on some mindless game show and reboot my mind.  I do not have to worry about the commute or the support staff or anything else.

How Bad Is This?

The Los Angeles Times is reporting that the 99 Cents Only retail chain may have to hike its prices.  Because inflation is soaring, it is not sure it can continue selling its goods for 99 cents or less.  They think they will have to break the one dollar barrier for the first time in their 26-year history.

Some changes have already taken place.  For example, when eggs became too expensive, 99 Cents Only temporarily began offering six-packs instead of a dozen to keep prices under a dollar. The company also reduced the size of its milk cartons and stopped selling items such as peanut butter and cooking oil on a regular basis.  But selling items for a dollar or more is another matter for the company, where the number 99 has become a source of pride. On its website, the chain boasts, "Still nothing over 99 cents, ever!" and says its stores are open until "9 p.m., nine days a week."

LEED-H Platium Home

The Margarido House is a posh, modern home that is the first LEED-H Platinum home in Northern California.  Green.  Comfortable.  It would wonderful if we could all head in this direction.  Also, if we could incorporate LEED Platinum into homes that contain workable home office environments, which would go even further to reduce our carbon footprint buy cutting down on commuting and driving in this World.  Low or no utility costs.  Low or no commuting cost.  No or low office costs.  What could be better.  Enjoy the show.

sallyTV visits the Margarido House from sally kuchar on Vimeo.

I Don't Have Nothin', And I Am Happy That Way

What small firms really should not looking to hire staff and space.

I have nothing.  I do not have any of the trappings.  In fact, my diplomas are under my bed.  But, I do not care.

I have learned to hire staff is to lose time, energy and capital on hiring and rehiring people.  You lose money in pay, you lose money in the time you spend managing instead of working, and you lose money in the lost business caused by the confusion of it all.  My point is that the money lost is bigger than your think.

I have succeeded, the the extent that I have, by preparing my small firm to endure the tough economic times.  I look for creative ways to accomplish my goals on a budget that is more than reasonable.  This is because I have learned that staffing, and office space and  the the trappings of a law firm reduce what you actually bring home during good times, and these things will bankrupt you during bad times.

Sure more traditional lawyers will tell you that if business falls they will downsize as needed, but that is not completely true.  Long term lease agreements on office space, copy machines, computer equipment and the like will not allow it.  But, the truth of the matter is that you do not know you are entering tough economic conditions until you are a long way in.  Just because business was not go this month, does not mean business will not be good next month.  My point is that bad economic times are only noticeable from a historical perspective.  By then the credit cards are maxed, and you have already drown in lost money and opportunity.

So, I work from home, because I am going to pay my mortgage regardless of whether I have other office space.  Office space runs between 20% and 30% of most law firms in addition to home mortage of most small law firm owners.

I have no staff and I pay no salaries.  But, I do not work alone.  There are other lawyers, but we do not operate as a law firm per se.  I substitute what I do by breaking my typical case into its component parts and deciding what it is I do best, and the legal talent I need for the rest.  Once the DNA is correct, the case progresses a certain way.  I am not left doing everything, I have some backup, but I do not have the overhead.  The case recovery is broken down as well and when the money goes into escrow it is divided out.  Each person works from their location as a team and we try to get together for fun between every couple of weeks to a month.

Here are some of the benefits.  I have very few management headaches or time wasted.  I do not have to invest in any office space, any furnishing or any tech or any software for any employee.  I pay no salaries, and hence have to do very little reporting or withholding.  Sure, I probably make a little less during the best of time dividing revenues than paying salaries, but I never ever fall into a situation where I am not earning money, but still having to pay overhead.  It is collaboration and it works best because since we only use lawyers, everybody believes they have a stake in the cases and their outcomes.  Everybody believes they have a stake in each other.  And, everybody wants to see me succeed because when I succeed we all succeed.  I, of course, want everybody else to succeed because when they succeed, I succeed.

It is really the best of all worlds.

Looking For Your Own Type Of God - Beyond Belief

I am Catholic.  Really more of a Marianist.  A convert when I was 14.  I am moderately devout, I guess.  I do not think I am too pushy about it.  I certainly do not evangelize (much).  I do not get upset with off color jokes and if you have been around teenagers you are going to hear the Lords name taken in vain, or worse.  I mainly brush it off except to remind them not to do it, mainly from a good citizen standpoint.  I do the Mass thing regularly.

When I converted my maternal grandfather was not the most thrilled about it.  My parents were not very religious and were rather nonplus.  But, I remember my grandfather telling me, he having survived the Nazis and Germany, that regardless of a particular religion it is difficult to survive without faith in your life.  I think I know what he meant.  He is still with me.  I miss him.

In The Woodlands, Texas where I am located it is home to nondenominational churches and TV preachers.  A little too modern for me.  I find that they are more concerned with inspiration than faith, but the two, I suppose, are related enough.  I pray to survive and to understand.  They pray for wealth and prosperity.  I could probably use a little more of the latter.

I remember a joke of sorts when I was growing up about a tourist in New York did not know where he was and needed to get back to his hotel.  He approached a couple of gentlemen in orange robes and said, "I am lost, can you help me"?  They advised him to "try Chrishna".
 

I Don't Want No Freakin' Flex Time

Working Mother Magazine has published the 50 Best Law Firms For Women. Well, I am not a mother, but I understand the dynamics involved having worked with my wife, who is a lawyer, as we try to raise 4 children in the best environment possible.  So, I think I am competent to comment on this.

Working Mother states, rightly, that women in particular are forced by Big Law to work nonstop to rack up billable hours or step off the partnership track to be home for the family.  As a result, 42% of women lawyers leave the profession at some point in their careers.

My problem is the solution.  It is to try and reform Big Law into offering flext-time programs, and offering mentoring.  You know, come in earlier, leave a little earlier, maybe a few less billable hours, and lactation rooms so women can express milk for their babies for later feedings by minimum wage workers is just not good enough.

For example, Andrews Kurth allows women attorneys to "opt to work reduced hours while staying on the partnership track" after two years.  Arnet Fox brags that it has three women among its top 5% of earners, but how does that apply?  Arnold & Porter allows paid maternity leave, but what does that do when the new mom has to return to work?

It is not silly.  It is just not a real solution to many or most women and families that want to have a life in which their children are a top priority.  The law firm picnic once a year is just not going to hack it.

Besides, it ignores that Big Law is just no longer necessary.  These firms are too big, too bulky, too expensive, too unresponsive, too industrial, and too bureaucratic and management heavy.  Attorneys are not working for themselves or for their benefit.  They are working for the three story atrium, marble floors, the mahogany walls, the large spiral staircase, the landlord, the utility companies, the partners and their expense accounts, the $1,000 suites, and the designer shoes.  Sure, the starting salary might be nice, but you have to work yourself to the bone to recover many more times what is being paid to the attorney.

I do not need flex time.  You do not need flex time.  Working moms do not need flex time.  It is almost an insult to think this is offered as a solution.  It is not a solution.

I want my time, on my terms, with my family, working when I can, and taking an active roll in the raising of my family.  I do not need the commute.  I do not need the expense.  I do not need the overhead.  And, as far as prestige, that is all in the heads of those that work for the Big Law firms.

Women lawyers leave the practice because they are trying too hard to compete where their priorities just do not work, and are not appreciated to the extent that Big Law is willing to revolutionize its practice to properly suit them.  If you are a woman attorney, you can accept this now and begin the transition home, as I have, my wife has, and so many others have, or you can stay there and fight for a little more flex time.  It is your choice, but I don't need no freakin' flex time.

There Is A Lesson To Learn From MSNBC

... That is in what not to do, or how to act, or how come across.

For MSNBC is started with Pennsylvania Governor Ed Rendell stating that the coverage of Barack Obama "was embarrassing".  And he was not discussing the negative coverage of Obama.  He was talking about what one observer saw as on a scale of not supporting Barack Obama to supporting Barack Obama, MSNBC was at the level of "I want to have Obama's baby".  We are talking about irrational arguments, hate speech, and all around inappropriate comments about opponents, while at the same time becoming glazed-eye fanatics of Obama.  The total, unmitigated loss of all objectivity or even the care of any objectivity.

I do not think it was just a Hillary partisan that thinks this way.  A more neutral voice, Tom Brokow, agreed, and he is part of the NBC machine.  He has said, "I think Keith (Olbermann) has gone too far.  I think Chris (Matthews) has gone to far."  Back in June Brokaw slammed the press, and MSNBC, for its drumbeat to get Hillary Clinton to exit the campaign, calling it "inappropriate" and "commentary disguised as reporting".  Also, in June Brokaw had to scold Olbermann on air for suggesting that Clinton was attempting to "shoehorn" her way into the press coverage, saying, "I think that's unfair, Keith".

The lesson in law, for all of us, is that we too are partisans.  But, ultimately you cannot lose your head and become so vicious, so argumentative, and so cunning as to lose all objectivity.  You certainly should not be doing it on a tactical basis or level.  This past week I have run into several opposing counsel that are willing to forgo all of their integrity for little money.  It is shameful.  Is it hurtful?  Yes, to me and my client it is.  More importantly, however, a lawyer's good sense and integrity is all any of us has.  When you allow yourself to get so blinded you lose the image that courts and judges and others have for you on a professional basis, that is not good.

And, try to remember this.  Your job is to advocate for your client, but that does not mean you need to leave your manners and your good sense at home.  If you are opposing counsel dealing with me, it matters little that I lose all respect for you, and do not believe I can trust you to be a respectful lawyer and a decent human being.  But, I am not the only one.  Over time it has a cumulative effect as the bar in general and the courts in particular do not believe they can trust your view and dread your commentary.

Here is a tip.  Try being, for lack of a better term, a God-fearing person.  Just like MSNBC sells out for some instant ratings, you do the same thing when you try to impress your crappy little client with just how overly zealous you can be for the few centovos they are willing to pay.  It is important for MSNBC to remember that viewer will not stay around forever, and neither will your client.  In the end, MSNBC and you are left with nothing but your integrity.  So, just sell it to the lowest bidder and see where that gets you.