Chuck Newton

Lincoln Memorial University / John J. Duncan, Jr. School Of Law (Video)

A mouth full.

But the news is that Lincoln Memorial University is developing a new law school Knoxville Tennessee.

The proposed Duncan School of Law received Tennessee Board of Law Examiner approval earlier this month. The approval will allow all of its graduates to be eligible to sit for the Bar Exam in Tennessee. LMU has already submitted a letter of intent to pursue accreditation for the proposed law school to the Southern Association of Colleges and Schools Commission on Colleges (SACS-COC) and submitted a formal Substantive Change Request to the COC this week. Upon approval, LMU will admit students and begin classes in August 2009. The inaugural class will consist of approximately 75 part-time students. The full-time program will begin Fall 2010 and will consist of another 125 students.

School of Law will be named for Tennessee Congressman John J. Duncan, Jr.  Duncan currently serves as Ranking Member of the House Committee on Transportation and Infrastructure’s Highways and Transit Subcommittee. He also holds seats on the House Committee on Natural Resources and the House Committee on Oversight and Government Reform. He has served in Congress since 1988. Prior to his election to Congress, he served as a State Trial Judge, having been appointed by Tennessee Governor Lamar Alexander in 1981. He started his career in law in 1973 with a private law practice in Knoxville with Zane Daniel. Duncan graduated from the University of Tennessee and The George Washington University National Law Center. He is married to the former Lynn Hawkins and they have four children and five grandchildren.

Lawyers And Law Firms Need To Ban Cul-De-Sacs

What?

I read an interesting article, outside of my area of expertise, of Virginia banning the construction of all future cul-de-sacs in the State.  The Washington Post reports that cul-de-sacs are "quasi-private standalone developments around the country that are missing only a fence and a sign that says 'Keep Out' ... There is a public benefit to increasing connectivity and eliminating what are essentially private roads".

Cul-de-sacs represent private entrances and exits.  They are terribly proprietary.  They insure that traffic is only narrowly local.  They choke off traffic.  They divert traffic to other places away from the cul-de-sac.  They remove those on the cul-de-sac from the main spine and everything that comes off of it.  The cul-de-sac separates the community around it from the offices, houses, stores and other people and businesses and organizations available from them.  Cul de sacs destroy connectivity.  They increase the commute for everybody in the area.  They represent an undue expense and overhead.

When you think about it, that pretty much describes many lawyers and law firms in this day and age.  Sure, they might have static websites (maybe not), but what they have done is create a metaphorical and/or technological cul-de-sac that destroys connectivity and drives prospective clients from the law firm.  And, in this competitive environment, is that really what they want to be doing?

In the old days we referred to these barriers as "palace guards".  I still find myself making phone calls to law firms in which I must first speak with the receptionist who questions me, then I am transferred to a secretary who questions me and will most likely then refer me again to a paralegal (and not the lawyer) who questions me or to the lawyer's voice mail.  I go through this rigmarole only too often not to have the lawyer call me back.

Most often the issue is that the law firm fails to provide any useful information to any potential client, the lawyer will not speak with the prospect over the telephone and insist on an appointment first, and then only upon the restrictive schedule of the attorney.

There are still a number of lawyers who do not review their own email, or check it infrequently, or have their spam filters turned up so high it is virtually impossible to get them a message directly.

Most lawyers do not use Linkedin, Twitter, Facebook or other social networking sites.  Most do not have a blog, or they post to it infrequently.

Lawyers lack extranets or, if they have them, refuse to allow their clients on the systems.

Not long ago I went to a law firm to visit a lawyer who represented a client on the other side of a case.  I had to park in a parking garage about two city blocks from the high rise building in which his firm was housed.  It cost me $10.00 just to get close to the building.  Once in the building I got the third degree from the guards at the entrance of the building before I was allowed to approach the elevators.  Once I entered the lawyer's offices I had to first explain myself to the receptionist even though I had a scheduled appointment.  Then I had to sign in, give her my driver's license, display a visitor's badge, and then cool my heels in the waiting room for a good  while.  The attorney's secretary finally came to get me.  I tried to joke by complaining about the oral cavity search, but that went nowhere.  She asked me to follow her.  We approached a door in which she had to plug in her code.  (By the way I was right behind her and now I know know four digit code).  Then I was placed in a small conference room where I got to wait even longer for the attorney to finally come in.

Was I impressed?

Not one bit.  Miffed was probably more the word I would use.  I was inconvenienced and for what real purpose?  If I were a client, I would not want to pay for all of that unnecessary stuff.

Did the lawyer feel safer because of all of this?  It made you wonder really what the law firm is up to that the lawyers thought they need this level of protection.  In reality most of this mighty infrastructure, and the overhead it represents, including the oppressively expensive decor of the office, has less to do with actual security as it does with the giant ego and sense of entitlement of the lawyers involved.  It is more for their self-image of feeling all important than based on any reality, or practicality, or the ability to actually retain clients.

But, what each of these situations stated above and more represent are create cul-de-sacs that destroy connectivity.  They are designed to tell people to keep out and keep away -- including clients.  These cul-de-sacs segregate the lawyers and the law firms from the rest of the World.  They destroy the time of the lawyers and firms that could be better applied elsewhere, and increases the commute.  They substantially increase costs, expenses and overhead and they leave the lawyers and law firms stranded from the very public that matters.

In this day and age we have to be connected and available.  Lawyers need to move out of their self-imposed cul-de-sacs they have developed that limit availability and access.  When lawyers destroy connectivity and availability and information, when they erect a closed society, they are destroying growth, profitability and, in my mind, enjoyability.  They also draw attention to themselves that is not positive or constructive to anybody but themselves.

Listening To Something Wonderfully Different At The World Wide Home Office - Mack the Knife- Frank Sinatra and Jimmy Buffett

Law School Options And Choices

This time of year, every year, I seem to get emails from law school applicants wanting my advice as to what law school they should try to attend.  Some have multiple offers, but many have only a single offer of which they do not seem found.

So, what is my advice?

It is simple really.  You should attend the law school that accepts you.  If you have more than one acceptance, then you have a choice to make.  If you only have one acceptance then you still have an option.  That option is whether to go to law school or not.

The option first.  I think it is important to first decide if law school is really an objective you want to pursue.  Forget about what type of law you want to practice, or the fact that you do not know the type of law you want to practice.  It is best to focus on whether you can enjoy the concept of law, the rule of law, logical reasoning, and developing into an all around well educated people.  Law school typically goes beyond the single dimensions of college.  It is multidimensional.  The education caters to those that are self-motivated and who can pace themselves.  I did not know in what field I would practice when I went to law school.  My wife did not know.  My sister did not know.  Really, unless the idea is to go to law school for the purpose of practicing with a family member, then most people do not know.  And, most people that do believe they know have a change of heart during law school.  Why?  They find other interests they never knew existed.

You Get The Feeling That This Is How Those In The Financial Sector Thought Of Themselves

Talk About A Commuter Car!

I think I want one of these.

Thomas Jefferson School Of Law

I am not sure how I feel about institutions that accroach the name of a famous leader in order to add validity.  But, there is no denying that Thomas Jefferson School of Law has otherwise come a long way.

TJSL never really scores well in law school rankings, but then we do not much like the law school rankings as they are fabricated and tend to focus on objectives that are not, in the end, useful to graduating students.  Applicants probably pay too much attention to manipulated data that make up the rankings to the detriment of what is otherwise a good and useful law school education.  I think that is true for Thomas Jefferson School of Law.

When you look past the rankings, you discover very quickly that TJSL is an up and coming law school in many ways that provides a needed education to many who want to obtain law degrees and practice law.

TJSL began operations in 1969 as the San Diego campus of the Western State University College of Law.  In 1983 it moved and expanded its campus to the Old Town neighborhood of San Diego.  During this time of operation TJSL operated as a non-ABA approved law school.  But, the law school became independent in 1995 when it separated from Western State and then gained accreditation from the American Bar Association and it is now a member of the Association of American Law Schools.

There are a couple of things that really recommend TJSL.

First, in regard the one criteria that really should matter with law schools, TJSL continues to increase the bar passage rate of its graduates.  As a result, unfortunately, its acceptance rate is decreasing.  For example, for the July 2008 administration of the California Bar Exam, TJSL first-time takers achieved a bar passage rate greater than 75%.  And, this is in California, which has an exceedingly difficult bar exam and traditionally low bar passage rates.

Second, in October 2008, TJSL broke ground on its new campus, which will be located in the vibrant East Village district of downtown San Diego. (See the new law school as designed above).  The new campus, an eight-story 177,000 square foot building designed to comply with rigorous Leadership in Energy and Environmental Design ("LEED") Green Building requirements, will house classrooms, a two-story law library, a cafe, bookstore, and legal clinic.  TJSL will occupy the new facilities beginning at the start of
the 2010-2011 academic year.

Third, the law school is located in beautiful San Diego, California.

There are a couple less desirable things about the school, but I think overall the law school overcomes these.

One, San Diego, although beautiful, is undoubtedly an expensive place to live.

Two, tuition is currently running about $31,620 a year for full time students and $19,860.00 for part time students.  The part time program offers those that need it some good degree of flexibility to finish law school.  The truth of the matter is that tuition for law schools is just getting expensive.  But, when gaging whether to pay it, look at what matters most to you.  That might be location.  The availability of a part time program.  For me it is (1) the bar passage rate, and (2) whether the law school gives more than lip service to producing practice ready lawyers.  It think TJLS does.

If you are thinking about law schools, check this one out.

The Vessel Closing Niche

Maritime law represents a broad legal category, but it does not mean you have to do everything that is done in the practice area.  Personal injury lawsuits in this area?  Who needs them.  As with any broad based area of law you can find one small, more systematic, profitable niche.  Let me suggest one for you -- vessel or yacht closings and title insurance.

You likely have an idea of real estate and real estate closings.  There are just attorneys that limit their practice to title opinions and real estate closings.  An attorney or title company, or a combination of the two, perform a title search, correct any issues made apparent, and issue title insurance to insure good title to the property is being passed from the seller to the buyer, and that the lender's investment is secure.

Like real estate and improvements, vessels come in all sorts of sizes, perform any number of tasks, and are often represent extremely expensive investments.  Like in real estate, buyers, sellers and lenders need to be protected for this investment also bears risks.

In the past the purchaser and lender tried to limit it risks in the purchasing of and lending on a vessel by retaining counsel to investigate liens -- a title opinion if you would.  Although that is still done today, the purchaser of and lender on a vessel now has the option of insuring the risk that the vessel may not be free of liens or encumbrances through the use of title insurance, much like that used in the purchase of real estate.

Like title insurance on real property, vessel title insurance covers flaws that occur before the insurance is purchased and the purchaser only makes one payment or one premium payment at the time of purchase.

You, as an attorney, might take the steps necessary to issues such vessel insurance policies, but whether you do or not, liens will still have to be researched, opinions will still have to issued, flaws in the title identified, and a formal closing will need to be conducted.

Bed Up

Okay, this site is not in English, but who cares.  This bed is amazing.  A lot of spare room tycoons still need to keep their office space set up to accommodate guest, and some even have so little space their office has to double as their bedroom.  I use to be fond of murphy beds for this reason.  No more.  This Bed Up concepts involves the bed hovering over your space as part of the ceiling.  It even has lights on the bottom of the bed to illuminate the space when the bed is up.  When you are ready for bed or for a guest to sleep over you just push a button and the bed floats down to be used.  See the video of it here.

An Entire Bedroom And Home Office In A Box

How George Jetsonie can you get?  A rolling box that unfolds into an entire room, including a wardrobe, a bed, a set of shelves, and desk and stools.