Chuck Newton

The Bootless Bar

One of my favorite legal commentators, even if he does gnaw at me once in a while, is Robert J. Ambrogi.  He is a Massachusetts lawyer, writer and media consultant. He writes the blogs LawSites and Media Law, co-writes Legal Blog Watch and co-hosts the legal affairs podcast Lawyer2Lawyer.

All of this is an introduction to his post on the ABAJournal's Legal Rebels site entitled, State Bar Admission is Irrelevant.  You can read the article for yourself, but his point is well taken.  The state bar and licensing system has become antiquated in our virtual world.  As he states, more law is federal and standardized, more lawyers are specialized, knowledge is king, and "state-specific savvy is a myth".

It produces an interesting predicament.  I have noticed as the ABA and others have pushed for a uniformed bar exam and reciprocity, the federal district courts are trending toward restricting its bar to those lawyers licensed by the state in which the federal court sits.  There is always resistance and blow back when change is on the horizon, and undoubtedly that is the case here.  But, Arizona and Arkansas, just to name two, have in recent times lowered the requirements of obtaining a license to practice in those states.

I practice in a narrow niche, for example, that is based on a more universal federal law and right, which is not much affected by state law, and yet I still have to struggle with these geographic boundaries.  And, this does not just include state boundaries, but the boundaries of each federal district in Texas.

There is no mistake about it.  In the 80s I recall that Arkansas use to grant reciprocity rather generously.  Then it stopped abruptly.  The reason at the time was to prevent lawyers from outside the state from entering the state easily.  Let's face facts.  Lawyers like to protect their turf, and Arkansas attorneys are no different.  Many other states not only act to restrict the bar, but have at least required in the past that to be a member you have to maintain a physical office and practice in the state.  You might think that is reasonable, but what about areas like the one in which I grew up, Texarkana, that sits on a state line and is only a short throw from Louisiana and Oklahoma.

So, Bob is right.  "Geographic restrictions serve neither the public nor the profession.  They are irrelevant to a lawyer's qualifications to represent the client.  Lawyers should no longer be licensed by the state."

Web Law Degree Graduate Beats The Bar-Tenders In Massachusetts

I am not sure I would yet feel confident in attending an online law school as opposed to a good old brick and mortar school.  Sure it is cheaper.  Sure it is more flexible and accommodating.  But, there is no guarantee that most states will let you take the bar exam and be licensed to practice and, even if there is an outside chance, who wants to go to the trouble of this guy.

This guy is Ross Mitchell of Newton, Massachusetts.  According to the Boston Herald, Mr. Mitchell graduated from Concord Law School, which is an online law school owned by the for-profit Kaplan.  He went to Concord because the cost of a three-year legal education traditionally runs $100,000.00 and online he could achieve the same thing for $38,000 and still maintain his day job as a computer consultant.

Mr. Mitchell graduated from Concord in 2004 and passed the California bar, which is no easy task.  But, he learned that he could not take the bar in Massachusetts because he did not graduate from an ABA approved law school.  He asked Massachusetts to change the rule, but the bar-tenders refused.  So, last fall he represented himself pro se in a lawsuit challenging the constitutionality of the rule.  He prevailed in a 6 to 1 decision.

Now Mr. Mitchell has apparently taken and passed the Massachusetts bar exam.

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. 

Our Third Wave Manifesto Is Published By Texas Bar Journal

Acceptance ... at last.

I am pleased to announce that the January issue of the Texas Bar Journal will contain our manifesto on the Third Wave Practice of Law.  You can read a copy of the article in PDF by CLICKING HERE.

The State Bar of Texas is a mandatory bar association, and it is one of the largest in the United States.  The Texas Bar Journal is distributed by mail to over 97,000 members and subscribers each month.  I know I read it from cover to cover.  It represents an outstanding forum to discuss the changing practice of law.

It is so vitally important for other lawyers, staff and law students to understand that they do have alternatives to the traditional practice of law.  I would encourage you to help me populate the Web with this article.  Please help me spread the word.

A Lawyer Walks Into A Bar . . .

This is an interesting movie or documentary.  Go here to see the clip.  I think it represents the love - hate relationship between lawyers, business, people, plaintiffs, defendants and, as it turns out Christian fundamentalist.

Imba

Is the Third Wave practice of law imba?

Oh yeah, I have thought about it.

It is pronounced phonetically as if it is a full word.

Imba means imbalanced.  It is mostly used in online games that have patches or different versions.  It is used by newbies in WarCraft III who are not acquainted with armor and attack types.  It means that something is either overpowered (OP) or underpowered (UP), but it mainly applies to things weapons, armies, races, roles or jobs that are too strong or too appealing.  It means is that something in the game is too good so that it makes the game unfair.

Well, the Third Wave practice of law is a job, so apart from gaming I think the term can apply here as well.  It involves patches or different versions depending on the practice type and circumstances of the lawyer.  And, I think it is generally so good as to make other types of law practice unfair.

I know there are people that will fight me on this point, but I also understand that these are people that just need to lord over others in order to feel in a place of privilege.  They went to law school on the image of Perry Mason or LA Law.  The yearn to mimic Big Law.  They see big offices, and a large staff, and a physical library, and large footprint as substance.  I do not.

I am not naive enough to think that there is no problem with the Third Wave practice of law, but I also know from experience that Big Law and the traditional practice of law can "nerf",  or make worse your life.  At least it can overly complicate it.

I think in many ways the Third Wave practice is imba in the best sense of the word.  It is OP in the sense that it can quickly overcome the qualities of the traditional practice of law.

I do not suggest that the Third Wave is OP in the sense that it can paper or try to overwhelm the other side as Big Law is really known to try.  I am not suggesting it is OP because it puts you in a position to lord over other people, staff members and lawyers.  I am also not suggesting that it is OP because you rake in all of the money in the world.  We all know none of that is true.

The Third Wave is OP to the extent that it creates an imba between the work-life experience or blending that no other method of practice can provide.  And, peace of mind.  It can provide better peace of mind.

There is a lot to say about the solitary focus in the practice of law as well as concentrating more on your family and enjoyment.  It is something that the Second Wave practice of law, the industrial model of law, absolutely robs from you.

But, there is an imba in that the Third Wave practice so reduces the costs, structure, infrastructure and frustration of law that it leave those who will try it with the urge to flee the traditional practice of law.  What more can you expect than having more time to yourself and your family, ending the endless formalities of an office practice, and maybe not making more money but keeping substantially all of the money you make for your own use.  Just the relief of not constantly feeling responsible for so many other people is wonderful.   At some point all of this has to create an imba in the practice of law that will cause people to tip away from Big Law of the traditional practice of law.

I guess we will see.

Federal Judges Increasingly Look For Clerks With Experience

It use to be that one of the coveted positions some students looked forward to upon graduating from law school was clerking for a federal judge.  A year of so with the Judge would teach them a lot and would allow them to either move up to an appellate clerkship or a good Big Law, in-house or law school position.  But, according the ABA and others, those days might be coming to an end as federal judges are increasing looking at lawyers who have a few years of experience under their belts.  The dynamic seems to be changing where now associates at Big Law are seeking to put their career's on hold after already entering the legal workplace in order to clerk for a judge.  And, why should this not be best?  The problem with newly minted law students is that they are some of the smartest people in the room, but they lack a sense of application.  We have all experienced problems when federal judges change law clerks.  That experience might not change to some extend, but where we use to see a total lack of comprehension when a newly minted lawyer takes over in a judges office, we might see less of it now.  Much like learning geometry does not give you a comprehensive view of the building trade, learning the bankruptcy laws, for example, does not give you an accurate understanding of how it operates withing the law.  So, would it not be best to seek the assistance of a lawyer who has a few years working in a bankruptcy practice, for example.  This is probably the best approach.

Carolyn Elephant Can Speak For Me Anytime

Law.Com reports that Carolyn Elefant wants to be the voice for solo lawyers.  Well, let me tell you something.  Carolyn can be my voice and speak for me as a solo any little ol' time she wants.  Read the article.  And, buy her book -- her roadmap -- Solo By Choice.

It Is Checkers, Not Chess

Too me anyway, checkers is a much easier board game than is chess.  Although checkers requires some strategic thinking it is a quick game and does not require the advanced logical models and understanding of future moves that chess requires to be a good player.  But, that is just my opinion.

It is also my opinion that it is this analogy to chess that keeps too many good lawyers from pursuing their own practice area, or a new practice area, especially right out of law school.  They get stymied by needing to figure everything out first.  They believe they need to have a mental understanding of the entire board and all of the possible counter moves that can be made against them, and be able to conceptualize how exactly they need to respond.

Checkers is a more relaxing game because just a basic understanding allows you to play.  You can start out and learn quickly along the way, all the while having fun.

It is a mistake to believe you have to have everything worked out before you take the leap into the private practice of law, or into a new practice area, because the dirty secret is that you will never have it all figured out.  If you wait until you have it all figured out, you will never ever do it.  You are never going to be as proficient as you feel like you need to be before you move your first checker.

Besides, I would like to remind everyone that checkers and chess do have a skill component, but they are both, to a great extent, games a chance.  And, such is life and the practice of law.

There are a few things you can do in setting up the board for a game of checkers.  You can have a good, strong preliminary plan to find and attract clients.  It is the one thing that most everyone ignores while they worry and fight about their proficiency of the law.  Remember, you do not need to essentially sell yourself.  You need to be able to sell your product -- your practice area.  By this you do not need to be able to sell the technical stuff which the law might represent as much as you need to be able to sell the solutions required.  Do you know the of the groups, people and organizations of which you can become acquainted that will help you achieve referrals?  If you concern yourself at the outset with whether you can move your checker backward, as opposed to finding someone with which you can play, you will never get a chance to play.

You can get a very general understanding of your niche of interest.  When I started out doing bankruptcy representation in the 80s I could of course read the Bankruptcy Code and law books.  All helped me with technical issues, but nothing helped give me a more global understanding of the practice area.  So, I went to a book store and bought all of the "popular" or consumer books on consumer bankruptcy.  The problem all lawyers have is that they get so much into the pathology that they ignore the points of interest -- selling points.  What is the solution for which people and companies are looking.  My Dad learned about this problem in his specialty many years ago.  He was an eye surgeon.  Someone from the hills of Arkansas would come down because of a vision problem.  To get Medicare approval the doctor would be asked what is the reason for the surgery.  The physician would write "the patient suffers from bilateral cataracts".  The procedure would be denied.  Why?  That was the medical reason.  The reason that Medicare was looking for was something like "I can't read the Bible any longer", or "I can't read the newspaper".  Your general understanding of the board need to be from the perspective of those you are trying help.  The will or desire to do a good job will come.  The patient was no more interested in bilateral cataracts as was Medicare.  Only the doctor way.  The patient was concerned in reading the Bible or the newspaper.  The same is true for law.

And, you need to keep your overhead and expenses minuscule.   This crap that it takes money to make money will do you in before you even get to play the game of checkers.  It will stop you from even trying to play the game.  I am not saying that you do not need a few hundred bucks to start a practice, but I am saying (1) all you need is a few hundred bucks to start a practice, and (2) the main problem you will face is overhead while you are making your way across the checker board.  You can build your practice, and learn your practice area along the way, for a few hundred dollars a month other than your typical costs of living.  In this regard, stay out of debt.

With the checker board set up, you are ready to play.  Do not think you are ready?  Of course you are.  Do you want to be red or black?

Solo By Choice

Today I received my copy of Carolyn Elephant's new book Solo by Choice.  It is published by Decision Books, which publishes books for those seeking a life in the practice of law.  And, the subtitle of the book is "How to Be the Lawyer You Always Wanted to Be".

Carolyn has for years represented really the gold standard of the solo practice of law.  Her revolutionary blog on the subject, MyShingle, was the forerunner and inspiration for many other blogs on the subject, like mine.  Carolyn has an uncanny knack of recognizing and reporting on those issues that are so vitally important to solos and those wishing to be solo practitioners.

What I intend to do is write several posts about Solo by Choice in th next week or two to let you know what I think about that on which Carolyn worked so hard.  Then, I think, I am going to turn it over to my daughter Mary Newton, who is a law student to see how she thinks the book might be helpful to law students and recent graduates.