- Quickdraw McLaw
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As the bar exam gets started today, it is hard for many attorneys to not think back to that moment in their life where they put it all on the table to become a lawyer. There are many reasons why people become lawyers, but looking back at what your reasons were when you took the bar exam versus why you still practice today, have those reasons changed? Any advice you would give to the people taking the bar exam today about their future careers that you wish you have been given?
Work like a maniac and pay your student loans off within 5 years. Do not let up. Live on nothing and pay them off quickly. Your career will blossom without that cloud over your head. The student loan burden forces many of us to make career decisions we wouldn't otherwise make. Without that burden, we are more free to pursue a more rewarding career.
Yes
Don't forget to live outside or work. Its easy to devote all your energy to your job but that will slowly break you. The law life is a hard one so make sure to relax and live a bit.
Professional life may be unfair in ways you hadn't previously encountered or conceptualized. Seek the guidance of a mentor and don't suffer through things needlessly. Ask for help when you need it.
I also echo 8:34am's sentiments and wish I had followed that advice.
Never trust the Bar. Your worst enemy is not opposing parties, lawyers, etc. It comes from within – insidious.
In no segment of the bar do I hear such angst over the Bar like I do on this blog. I guess I just hang with folks who stay clear of the Bar by, you know, practicing ethically and honestly.
You hear complaints here because people are freed by the anonymity. If complaints are made in public, you either get singled out by the bar, or inexperienced holier than thou attorneys think something is wrong with you. I have been practicing a decade, and have never had a run in with the bar personally. I had no issue with them until the last few years where I have seen a startling degree of favoritism, inconsistency, arbitrariness, and failure to adhere to procedural requirements.
@11:01a – I practice ethically and honestly; I've never had a malpractice claim in the 12 years I've been an attorney in Nevada; I've only had one fee dispute claim (which I proved the work was done and I won the case but the client didn't like that I billed him as much as I did to win his case), and one ethics complaint (where client said he didn't hire me to do X but that I did it anyway, so after turning over ~20-25 emails with me corresponding with client specifically asking me to do X, that got dismissed.) My IOLTA is reconciled once a week and only a few <$1.00 errors found since opening my practice that were fixed immediately.)
With all of that, I stay clear of the NV Bar and wouldn't want them digging into what I do on a daily basis. I'm sure I didn't call a client back within 24 hours like I should (and which is my practice to do so.) I'm sure there are emails from clients that I may have missed for a week instead of replying within 24 hours like I should (and which is my practice to do so.) And I'm sure that even with all of my efforts to ensure I'm fully compliant, that there will be something that the NV Bar would look at and wag their finger at me, slap my hand, and tell the whole world that I forgot to dot an I or cross a T as quickly as they wanted me to so I'm a bad attorney.
On a similar note – I don't do drugs, I have nothing illegal in my house (at least that I know about), but I still would not go out and invite police officers into my house to search my house top to bottom for anything they think that I have that may be illegal. Nor would I invite the I R S to audit my company books and personal books to prove every single penny of expenses for my tax returns done by my CPA.
It is either that the blog attracts those that skirt the margins or simply like to complain about things (valid or not) because of the anonymity it offers.
I've practiced more than 25 years, licensed in multiple jurisdictions. Over all of those years, the only time I have heard from any bar that I am a member of is the annual communication in which they are seeking their dues and disclosure forms. If you follow the rules and do what you are supposed to do they really are benign… I won't say they are looking for ways to help you out but as a regulatory agency that really isn't their role.
12:07 concedes that on two occasions his trust account was off by one dollar, even though he claims it was immediately rectified.
As a result,12:07 must serve a suspension of six months and one day, is precluded from handling any client funds,all funds will instead be handled by a mentoring attorney assigned to 12:07, he will pay the cots of all Bar proceedings including the proportionate share of the salaries of all Bar employees who worked on this case, and within the next six months he will complete 100 hours of CLE courses on Law Office Management(and since nowhere near 100 credits on this topic will be offered in state during the next six months, he will be required to attend as many out-of-state CLE courses as are necessary to satisfy this requirement).
These penalties would usually be a lot more punitive but 12:07 had the sense and decency to self-report his infarctions.
Infractions
Infarction may be correct, since the Respondent attorney will surely have a cardiac ischemia event as a result of the Bar discipline.
I have one…
As you become a lawyer and your career progresses, you will get good at what you do and your lifestyle will improve. When that happens, there are some that are tempted to think that they are better than other people (i.e., family members, your staff, other lawyers who aren't as _______ as you are (successful? wealthy? smart? — pick your comparison word…))
Moral of the story?
It's a trap. Don't fall for it. Remember that you are just as capable of being wrong and full of BS as anyone else. Along those lines, treat everyone (and I mean everyone) with respect. Just because someone can't "do something" for you, doesn't mean that they don't deserve to be treated respectfully.
I'm not perfect but I do try to keep these ideas in mind and I think it has decreased my level of "douchey-ness".
Thank you for all these comments. Sound advise for anyone sitting for the bar exam this week. I look back on my career and am thankful for what I have accomplished and for the work I am doing. Do everything you can to protect and guard your license to practice law by being an honest and ethical practitioner.
Along the same lines, it is called the "practice" of law for a reason. Do not get discouraged simply because you are not the best at it immediately. Focus on being the best lawyer you can be and you will consistently get better at it over time.
Following up on 10:25… don't let your ego get in the way. There is no shame it admitting you don't understand or know something.. find some more experienced attorneys willing to act as mentors and ask for help when you need it. Most older attorneys are honored to be asked by younger attorneys and love to help out someone new.
Ditto paying off loans as quickly as possible. Don't fall for the "I'm a lawyer now so I need a nice car" mind-trick and all of that.
Because in 10 years you'll be so burned out that running a hot dog stand instead of being a lawyer will actually sound wonderful. But if you're still under your loans, you will have no choice but to continue to slave away.
Whatever happened to the "reciprocity issue" and the "survey"? UNLV Boyd and big law firms are pushing for reciprocity. The Dean of UNLV Boyd is pushing for the UBE which could allow thousands of foreign licensed attorneys to waive into the bar in Nevada. Bad idea. It will never happen in California or Florida and should never happen here. Take the damn exam like everyone else. Nothing worse than dealing with foreign lawyers who have one attorney licensed in Nevada or act with local counsel. I heard that at the State Bar Conference in Denver there was a point/counterpoint on reciprocity. I can't believe the State Bar is weighing their position. There is an ADKT dealing with military spouses being licensed in Nevada. Is the big ADKT coming to allow others to "waive in" or on motion? There are currently many exceptions to the Nevada Bar Exam which includes UNLV Boyd professors. They are not required to sit for the bar exam like everyone else. Let's not make it worse.
Most Nevada lawyers I have encountered are not very good lawyers. I don't buy that being able to pass the Nevada bar gives us very much information about whether someone is competent to practice. I say let the flood come and let the market decide. The ban on reciprocity is nothing but protectionism for lawyers who aren't good enough to hack it in a competitive market.
Let the market decide what, exactly? If California has shown us anything, it's that lowering the bar to entry does not drive out poor lawyers. It simply increases their numbers. It doesn't even necessarily lower the cost of legal counsel. It does make finding the quality diamond in a sea of shite a bit harder to find.
Reciprocity does not necessarily mean lowering the bar to entry–well, at least not lowering it as far as California does. But, I appreciate the thought 10:07 because I'm inclined to agree with 9:44.
My experience is not the same as 9:44 in the sense that the majority of lawyers I've dealt with are competent or better.
But the comments of 9:44 on reciprocity are well-taken, and the remark that passing the Bar Exam is no meaningful measure of legal competence, or how someone will perform as a lawyer, are very, very well-taken.
I want to thank opposing counsel, you keep making me look better and better. Keep up the insults! I know you have nothing else to work with. I wear your insults as a badge of honor, because you are an idiot.
Anytime an attorney is calling another attorney a name or insulting them, that attorney is the problem, not the victim of insults. You only resort to that if you are desperate.
Who is pulling that shit?
We have two motions that we're briefing that is the same firm going after different attorneys. Seems to be their theme.
Opposing counsel wrote crap on here about me to advance their case. It would not surprise if they do it to others to advance their client's cases. Pretty disgusting.
In Family Court there are departments where attorneys are allowed to holler that the opposing attorney is a liar, and worse, and nothing is done to control such behavior.
But at the RJC, I could not imagine many departments tolerating that behavior. Let's say you have some evidentiary-based motion on a civil case. If a hearing is necessary, and the matter is not disposed of by minute entry, the moving party may make a few comments in support of their motion, the opposing counsel makes a few remarks in opposition, and the moving party can provide a brief reply.
That's it and that's how it should be. But no one is talking over the other attorney or calling names, etc.
Therefore, most attorneys who practice in "real courts", are shocked at what happens if they decide to accept a Family Law matter.
The problem is that in family law cases, a very large number of the attorneys do lie with impunity. The make up all sorts of crap with no good faith belief in the validity of the claims, much less any actual evidence to back it up.
They seem to either forget, or never learned, that they are not mere mouthpieces to spew whatever garbage/acid that their emotional clients wish to through but rather they have a duty to have a good faith basis re the validity of the allegations.
Did anyone see this article on forging judge's signatures?https://www.cbsnews.com/news/online-reputation-management-cbs-news-investigation-finds-fraudulent-court-orders-used-to-change-google-search/
Here is the advice: 40% of you will fail the bar. Have a backup plan.
Everyone you meet (including opposing counsel) is a possible referral source for the future you. Treat opposing counsel with respect while still being a strong advocate and they will remember you when they have a conflict of interest or a referral outside their expertise.
Market yourself even if your firm tells you that they don't want/need you to market yourself. One day you will want to be an owner of that or another firm and if you don't market from day one, starting when you are made partner is a tough row to hoe.
Know your enemies. Dont hesitate to refer them an occasional case. Nothing changes hearts faster than a referral. Many professional relationships solidified and salvaged because of a referral. Cant count the times, I got a "thanks and I was surprised to get your referral" call and a friend was made. Paid itself off many times over.
Agreed with 11:05 and 11:45. Good points
I would add that this doesn't mean you have to be a nice guy in a case to get a referral from me. Whatever the outcome of my case, I am going to refer someone to an attorney who is professional, competent and reasonable. Nobody has ever asked me to refer them anyone.
I hope the blog will have a healthy discussion on the reciprocity issue because it is not going away.
Oh there will be discussion. No chance it's a healthy one.
Of course a discussion would require an open mind and an actual idea as to what is being considered rather than a simple "the sky is falling"
Advice? Post all about your court wins in Facebook. Everyone loves that!!
I practice because I have to not because I want to. If I had other options to make as much money as I do, I would quit being a lawyer in a heartbeat.
I recall the bar exam fondly. Not because it was fun, of course, but because I was prepared to the utmost and knew I was going to do well. It was so much fun talking to people during breaks and intentionally telling them that I answered a question differently than they did (even when that wasn’t the case), or telling them that I believed they missed the call of the question completely. It was their fault for trying to discuss it with me, it’s not like they could have changed it anyway. Sorry, suckers. There’s always next time. But your likelihood of passing it on your second attempt it is much lower than your first attempt, statistically speaking.
"It was so much fun talking to people during breaks and intentionally telling them that I answered a question differently than they did (even when that wasn’t the case), or telling them that I believed they missed the call of the question completely."
You are an asshole. I pity every soul that comes within the orbit of your life.
*Issues 2:50 a sarcasm / troll detector*
It’s true. I really am. But think of it: how’re they going to deal with opposing counsel if they can’t deal with a contrary opinion they themselves solicited during a break in the Bar exam? C’mon.
2:50 PM here. "It’s true. I really am." <— I respect this.
New lawyers when you get to year 6 and you're hung over on a Thursday from being black out drunk a few hours earlier, do a couple of lines and use Visine.