Happy Law Week

This week marks the 50th anniversary of Law Day.  Law Day was first celebrated in 1958 when President Dwight D. Eisenhower proclaimed a day to strengthen our great heritage of liberty, justice, and equality under the law.  In 1961, May 1st was designated by joint resolution of Congress as the official date for Celebrating Law Day in the United States. 

The Philadelphia Bar Association expanded Law Day to a whole week because there are too many events to fit into one day.  Law Week is a series of programs taht place Philadelphia lawyers of any age and law students in the community to educate the city’s youth and public about the law through direct interaction.  Some of our programs include the Edward F. Chacker Essay Contest, Lawyer in the Classroom, Lawyer for a Day for high school students and Legal Advice Live!, where we provide free legal advice on Independence Mall.  

For more information or to volunteer for Law Week, email me.

After the Last Classes of Law School

For most 3rd year law students in our area schools, this week marks a momentous occasion – the last days of class. A hearty congratulations to you all. You may never again have to sit in a classroom lecture hall and listen to someone drone on about the nuances of some obscure aspect of law (Note: CLEs also have the same characteristics, but most take place in nicer places, like hotel meeting rooms or conference centers).

The question you ask yourself, though, is now that you’ve gone through law school (and mind you, finals aren’t done yet), if you had to do it over, would you do it again? It’s not a simple question with an obvious answer.

I had lunch today with a third year law student who just finished classes and another seasoned attorney. Both the other attorney and I “warned” the third year student that it wasn’t too late for her to change her mind and do something else. I think and I were only half kidding.

When non-lawyers read some of these blogs, they can maybe see some of the issues, concerns and woes of the young lawyer. Sure, some of us make good money, live nice lifestyles and have great families and friends. But I do not know too many (if any) young lawyers who look forward to going to work every day or really enjoy their jobs. Many are okay with them, but a good number downright hate their jobs.

So, to those finishing law school – this is what you can look forward to (in addition to $90,000 in debt)! Seriously though, I personally would still go through law school. For me, the benefits outweigh the burden. Here’s hoping you find enjoyment in your careers (after you pass your exams and the bar).

Types of Lawyers

Legal Blog Watch summed up 17 of Evan Schaeffer’s posts from The Legal Underground about the number of “types” of lawyers.  Here they are:

1. The Big Firm Summer Associate

2. The Partner Who Talks Too Fast

3. The Lawyer Who Advertises on TV

4. The Lawyer Who Carries Another Lawyer’s Briefcase

5. The Lawyer Who Brings Her Breast Pump to the Office

6. The Mafia Lawyer

7. The Modest Lawyer

8. The Partner Who Golfs

9. The Lawyer on the Run

10. The Lawyer Who’s in the Wrong Profession

11. The Lawyer from the Planet Og

12. The Lawyer Who’s Writing a Legal Thriller

13. The Stereotypical Lawyer

14. The Lawyer Who’s on The Apprentice

15. The Associate Who Knew Where the Bodies Were Burried

16. The Lawyer with the Shiny New Gadget

17. The Associate Who Finally Gets a Chance to Meet the Senior Partner

Which lawyer are you? 

Dealing with Mistakes

It’s bound to happen to every lawyer sooner or later.   You will make a mistake.  Maybe even two or three.  It’s inevitable.  Mistakes range from the mundane (like a grammatical error on a final version of a pleading) to the more significant (like blowing a statute).  They happen both to newcomers to the field as well as to experienced practitioners.

While committing a mistake will bring you in pretty common company, the most important thing is how to deal with them.  An important thing to remember is lawyer Andrew Beckett’s mantra in the 1993 movie, Philadelphia: “Every problem has a solution.”  If at all possible, you should try to remedy your mistake to the best of your ability.  You would be surprised at how often you can fix things.  Early on in my career, it appeared that a motion response that I was preparing was possibly going to be a day late.  So, instead of panicking, I thought of ways to solve the problem.  I was able to call opposing counsel and consent to a response extension.  (Of course, I was also able to later confirm with the court that the judge was not going to read the papers until a couple of days later, but that’s neither here nor there).

There are times, though, when there may not be a real solution, and that the mistake is significant.   What is absolutely essential is to own up to your error to your supervisor.  You have made an error, you tried but could not fix the problem but you cannot sweep it under the rug or hide from it.  The best thing then is to admit to the mistake, garner some help in trying to salvage the negative situation and learn to avoid the same problem in the future.  Chances are that your supervisor will be upset by your initial error but will respect your acknowledgment of the problem and willingness to learn a lesson from the mistake.

Remember that every lawyer makes mistakes, but not every lawyer handles them the right way.

Philadelphia News

Several Philadelphia criminal defense attorneys filed suit on April 10, 2008 in the Eastern District seeking “a fairer compensation system for court-appointed lawyers, and, thus, better representation for indigent defendants,” according to Julie Shaw at the Daily News.  The compensation system has not changed since approximately 1993 other than ”an increase a few years ago in the homicide preparation fee to $2,000 and in the felony preparation fee to $650.”

The law suit asserts thatthe current rates “sometimes result ‘in actual compensation of only $5 to $10 per hour’…[and as] a result, many experienced criminal-defense lawyers refuse to accept court appointments and are withdrawing from the list or have already withdrawn.”

The suit names the Court of Common Pleas, President Judge C. Darnell Jones II, Judge D. Webster Keogh, administrative judge of the Trial Division, Mayor Nutter, and the city solicitor’s office as defendants.

The complaint asks the court to prohibit all criminal trials involving court-appointed lawyers until a more adequate pay system is put in place.

In unrelated Philadelphia news, Versus TV network is relocating to Philadelphia.  This is the channel that broadcasts cycling,  including the Tour de France, as well as the NHL and the Professional Bull Riders.  If you are interested, you can check out open opportunities at Versus Jobs. 

Billables

I just looked up from my desk and realized that months have passed.  It is now April.  I can’t help but ask–where has the time gone–where have I been all this time?  Have you seen me around at all?  Do I have a glazed look in my eye? 

I’m pretty sure there was a holiday in there somewhere–and I vaguely remember celebrating a birthday at some point.   My eyesight is getting worse–I can’t even see my monitor without my glasses on.  I have a tremendous headache–maybe if I try to stop scrunching up my forehead I’ll feel better.  

The things in my life that should be in sharp focus seem swallowed up in a pea soup blanket of mist.  So…confused. 

And then it hits me.  I keep track of my life somewhere.  I record my time.  Almost every single minute of every single day is catalogued.  I look back.  DTE explains a lot.  I know where I have been.  I’ve been right here.  Billing time.  Working working working. 

Do you find yourself thinking in six minute increments?  Do you find yourself working that much longer to make your hours–even when staying at the office is not an absolute necessity?  What came first–the chicken or the egg?  Are we workaholics by nature or the billable hour the root of all evil?  Can we blame the billable hour on the shameful lack of women partners in law firms?  Hmmmm–can’t make partner unless you bill a certain number of hours every year.  Can we blame the billable hour for the doc review sweatshops so many of our bretheren are experiencing?    I know where my suspicions lie.    I think law students should learn about DTE in law school.  Part of your grade should be determined by how many billable hours you spent studying and working on assignments. 

I just googled “pressure of the billable hour.”  I found a blog called the Blawgraphy that has a great analysis of the billable phenomenon–along with a brief history, as well as some great links.

If the Philadelphia lawyer is having any issues at all–the culprit is the billable hour. 

Come on folks, its Friday night–you shouldn’t be in the office.

 

Future Young Lawyers Getting a Headstart

On Wednesday, the City and the Bar Association held a special reception for the Overbrook High School Mock Trial team.  The team’s accomplishments have been recently documented: three consecutive city mock trial championships and now the state-wide Pennsylvania Bar Association Mock Trial Competition.

The eight students, all seniors, certainly had to earn their honors.  As Mayor Nutter pointed out, while the NCAA basketball champ has to beat out 64 other teams in the tournament, Overbrook had to outlast 294 schools to win the state title.  Team member Ian Wiley, who spoke for the team, noted how it was nice to be recognized for winning this type of competition rather than a basketball, football or other athletic championship.  Next up for the Overbrook Panthers: the nationals on May 9-10 in Delaware.

So we should congratulate, praise and continue to encourage these fine city students, who could very well be the future young lawyers of Philadelphia.  Or, of course, we can warn them to switch their paths while they still can. . .      

Law Firm Dress Code Ruling

Apparently it is not okay to wear fishnets in the office anymore…that is, if you’re a female lawyer in the UK.  The Daily Mail reports that a London-based law firm recently banned fishnets for women because they are considered too distracting for men.

Personally, I think they should have outlawed short skirts in the office before offing the fishnets.  Despite what I think, it seems as though the London young lawyers division has not offered a lunch program about appropriate workplace attire.

Law Week Volunteers Needed

The Young Lawyers Division of the Philadelphia Bar Association seeks volunteers for Law Week events.  Law Week is a series of programs that place Philadelphia lawyers of any age and law students in the community to educate the city’s youth and public about the law through direct interaction.

Some of our Law Week activities include:

 

• The Trials of Goldilocks and the Big Bad Wolf – On Thursday, May 1^st from 9am to 12 pm volunteer attorneys will use the facts of the well-known fairy-tales, Goldilocks and The Three Little Pigs, as the basis for criminal trials.  Volunteers act as prosecutors, defense attorneys and witnesses in the criminal trials, which include opening statements, examinations and cross-examinations of witnesses, closing arguments, and instructions of the juries. At the conclusion of each trial the students are given the role of the jury and determine whether the Big Bad Wolf or Goldilocks are guilty of a crime.  To volunteer please contact Heather Herrington

 

 

• Legal Advice Live! – A free, daylong ask-a-lawyer event spanning across Philadelphia.  On Wednesday, April 30th, dozens of Philadelphia attorneys will gather on Independence Mall to provide free, in-person legal advice from noon to 2 p.m. in Center City. Attorneys will provide answers to legal questions on a broad range of topics, including landlord/tenant law, divorce and child custody matters, wills and estate planning, real estate law and employment law.  If you would like to volunteer, please contact Abbie DuFrayne  

 

Also on Wednesday, April 30^th, volunteer attorneys will go into the community and give free legal advice at select Free Library of Philadelphia branches.  Volunteers are needed at the South Philadelphia Branch at Broad and Morris streets and the Tacony Branch at Torresdale Avenue and Knorr Street from 1 to 3 p.m.  Additional branches may be available. To volunteer contact Abbie DuFrayne

 

 

• Lawyer for a Day- Volunteer attorneys, law students and judges pair with high school students and take them into the courts to learn more about the process of the judicial system as well as the role lawyers, judges, and juries play in our community.  Several city courtrooms will be open to allow the participants to observe proceedings. This program starts at 8:30 a.m. on Friday, May 2nd at the Philadelphia Bar Association, and all participants are invited to a concluding lunch, which includes a keynote by a guest speaker.  If you are interested in volunteering, please contact Carey Chopko or Corey Davis

 

• Lawyer in the Classroom – Volunteer lawyers and law students will visit different schools throughout the week to address students’ concerns about the law and the legal issues that affect them as they enter adulthood and answer questions about the legal profession.  If you are interested in volunteering, please contact Kelly Gastley or Josh Ryan

 

 

• Legal Line – Also on Wednesday, April 30th, from 5 to 8 p.m., area residents can call lawyers at (215) 238-6333 and have their legal questions answered free and confidentially. The lawyers will staff a phone bank at the headquarters of the Philadelphia Bar Association, 1101 Market St., 11th floor.  If you would like to volunteer for Legal Line (either April 30th or a future date), please contact Stephanie Mensing  

 

 Also if you know 4^th, 5^th, 6^th or 12^th grade students, teachers or parents at a Philadelphia public, parochial, charter or private school, we are seeking submissions for:

 

·         Edward F. Chacker Essay Contest - Named for former Philadelphia Bar Association Chancellor Edward F. Chacker, the 2008 contest offers a $1,000 college scholarship to High School Seniors who attend public, parochial, charter or private schools in Philadelphia.  Seniors are asked to write an essay of at least 1,000 words on the question:

 

Do you think that school officials should be permitted to search a student’s computer, iPod or iPhone?  Why or why not?  What factors should a court consider when deciding whether it is proper for a school official to search the contents of a student’s computer, iPod or iPhone? 

 

The 4th Amendment to the U.S. Constitution is supposed to protect the privacy and security of individuals against unreasonable searches by government officials.  However, school officials also have an interest in protecting the safety of their students and teachers.  Students may want to address the possible kinds of information that could be on a computer, iPod or iPhone – like voicemails, emails, text messages, documents, videos, etc. – that could be illegal or perfectly legal but highly private information.

 

In addition to the scholarship, the winner will read their essay at a Naturalization Ceremony on May 1, 2008. Submissions should include the student’s name, address, telephone number and school on a cover sheet accompanying the essay. All entries must be received by Amy Muldoon at the Philadelphia Bar Association, 1101 Market Street, 11^th Floor, Philadelphia, PA 19107 or amuldoon@philabar.org by NOON on Friday, April 11, 2008.

 

·         2008 Poster Contest - All 4th, 5th and 6th grade students who attend Philadelphia public, private, charter and parochial schools are invited to participate in the 2008 Poster Contest. Students are asked to: Draw a picture which best illustrates how law provides opportunity and equality in our community.  Posters should be produced on standard 22″ x 28″ poster board and students should include their name, address, telephone number and school on the back of the poster. First, second and third prize savings bonds will be awarded. All entries must be received by Amy Muldoon at the Philadelphia Bar Association, 1101 Market Street, 11^th Floor, Philadelphia, PA 19107 by NOON on Friday, April 11, 2008.

These events are fun and we need your help to make them successful. If you would like to volunteer or know of someone who can, please contact us or forward this information to them (including teachers or parents of students in the 4th, 5th, 6th or 12th grade). With your help, we look forward to a week of successful events.

Couple Sues Google Over Street Views

Law.com reports that a couple outside of Pittsburgh is suing Google for invading their privacy by snapping a photo of their house for Google Street View, a map feature that allows users to see pictures of streets.  They claim that Google caused them “mental suffering and diminished value of their property,” according to the complaint. They are seeking at least $25,000 in damages.

According to the article, unidentified lawyers reported that they do not “think suing Google over Street View photos will become a huge trend. Like any member of the public, Google is allowed to take pictures from public streets.”

The couple claim that “Google drove down Oakridge Lane — a private road owned by residents — and then further trespassed into their driveway to take a photo that includes their pool.”

Kevin Bankston, a lawyer with the San Francisco-based Electronic Frontier Foundation, noted that the couple in the case may have trouble proving damages.

A spokesman for Google said that the company has a policy of only taking photos from public streets and that concerned citizens can contact the company if they want a photo taken down.

No word on whether there is a plan to turn the case into a class action.