The Practice

New Resource for Trial Attorneys

Are you a trial attorney wondering what happens after trial? Have you ever thought about an issue and said "Hmmmm....I wonder how it works on appeal?" Ever curious about what goes on at the appeal stage of a case?

If you are curious, there is an interesting new blog out by Donna Bader, An Appeal to Reason. Her topics include how appellate attorneys fit into the picture, the role of appellate attorneys and why recycling your post trial briefs is a bad idea.

This is a great resource and an interesting look into the role of the appellate attorney. Take a look at it.

Great new advertising firm

I came across a great new advertising firm in California. Well, new to me. But, the founder has over 25 years of experience. From his website:

Hipnotic Inc is a full service advertising, design and marketing firm located in Santa Monica, CA. We provide integrated solutions for web, print, multi-media and broadcast. With 25 years of award-winning work and experience we have the knowledge and ability to create outstanding ideas and execute them across all mediums.

His list of past and current clients is impressive. And you will see from his other projects how he can help you build a message.

Put Gary Alpern's design expertise in conjunction with Ben Glass' marketing program and you have a sure fire way to make sure you stand out in your field and get the clients you want!

Secretaries, Oh My

Why am I not a big fan of legal secretaries? Because they get in the way. Oh, don't get me wrong. A good secretary is worth her weight in gold. The key word here, however, is good. And those are hard to find.

Not only are good legal secretaries hard to find, but a legal secretary can get in the way of communication. You see, if I want to invite someone to lunch, I pick up the phone and call. It is pretty easy. However, there are many attorneys, and I mean many, who tell their secretary to call.

Great, so you say you want to take me to lunch, but you can't spend the 5 minutes setting up the appointment yourself? You send someone else to do it. What does that say to me? It says - in loud words - "I want to talk to you, but not that badly."

If you must have a secretary, find a good one. And let her do him/her do his/her job. But do not let him/her get in the way of you doing your job and communicating with people. After all, attorneys are communicators!

Top 25 + 1

Okay, in my research I missed one product. Now, I could debate why I missed it: not enough marketing, not marketing to the right groups, it slipped through the cracks or I wasn't looking for it. But, alas, I missed it.

The Daily Case Report is a website you want to see. These guys, two attorneys in San Jose, CA give updates on California slip opinions - via video! And you can get MCLE credit for it. How cool is that? From them:

Daily RSS feed announces all new Slip Opinions.  Subscribers also get Slip opinion alerts by email that they can personalize to notify them only of new cases in the areas of law that they practice.  And, best of all, when you watch 15 minute video programs discussing the new cases, you earn MCLE credit. If you find something interesting only once every 2 and a half weeks, you can easily earn all the MCLE you need, just by keeping current on the cases that matter to your practice.

Hey, its free and it looks pretty cool. Give this a spin and let me know your thoughts. I like it!

Great New Book: The Party of the First Part

I just finished reading this new book from Adam Freedman. He is the "Legal Lingo" columnist for the New York Law Journal Magazine and author of the website by the same name as the book.

This is a great, quick read. The book provides a history of legal terms that you use everyday in your law practice. He then provides a plain English meaning of these words. What a relief! I wish I had this when I was in law school.

Interestingly, I think the book will also help you be a better writer. I know I try to avoid legalese at all costs in my writing. But, I know some gets left in. After reading this book, I am going to redouble my efforts to get all of that nonsense out of there whenever possible.

Go out there and give the book a read. And post a review here.

Nominate bad legal writing!

We have all seen it - bad legal writing. Some of it is worse than others. "By all men these presents known" is how an old insurance release started. What? Huh?

Well, now you can nominate it for the Party of the First Part hall of shame. Now, I don't know if I would nominate opposing counsel for writing a letter where, say, he claims how smart he is, how busy he is and how great he is. (Yes, it comes from a real letter.) I would, however, send it in while taking off one's name from it. (No, I haven't done that yet. It reads better as an exhibit to a motion.)

By the way, from the fine folks who bring you the website:

The debate over Plain vs. Precision English rages on in courtrooms, boardrooms, and, yes, even bedrooms. In The Party of the First Part, Adam Freedman explores the origins of legalese, interprets archaic phrasing (witnesseth!), explains obscure and oddly named laws, and disputes the notion that lawyers are any smarter than the rest of us when judged solely on their briefs. (A brief, by the way, is never so.)

Enjoy!

Law Firm Funding

Face it - sometimes it is expensive to run a law firm. It costs money, especially if you are going to take on plaintiff's cases. And traditional banks don't want to lend us money. But there are other people out there who will help.

I just met Beth Robbins. She has money she is looking to lend to law firms - and a lot of money. Here is her information. If you call her, tell her Jonathan Stein said hi.

Beth Robbins

Nationwide Litigation Funding

578 Washington Blvd Ste 249

Marina Del Rey, CA 90292
Tel: (310) 306-1001
Fax: (310) 388-0576
Email: Beth@nlfunding.com
Website: http://www.litfundingusa.com

Credit Cards: The Debate Continues

Okay, so you either take credit cards or you do not. Simple enough proposition. Either you think it helps your practice or you think it is more trouble than it is worth.

Well, the fine folks (and I mean that) at the State Bar of California have come out with an ethics opinion, 2007-172, about credit cards. Read it, digest it, and if you are in California, read this month's California Bar Journal where it is discussed in an MCLE segment.

Now, decide for yourself. (Oh, and for the record, I have no official opinion, but wanted to provide this information.)

I'm back

WOW! It has been almost  4 months. But, I had to drop something and this had to be dropped. Where was I? Practicing law. Playing husband. Being a father. Living life.

I won't go into too many details here. But, my oldest son was diagnosed with Autism almost two years ago. I have fought for him to get the services he needs. In February, I had to take a step back. I went most of the month without doing much legal work. I put out fires, but stopped marketing, stopped doing everything that was not necessary.

I spent a lot of time yelling. I know, lawyer shouldn't yell. I should know how to deal with situations without yelling. Let me tell you something, there is a time and a place to yell. Sure, not at the judge. Not at opposing counsel. Definately not at your client.

But, remember that you should not be defined as a lawyer. You are a person. You are a father, a mother, a brother, a son. You are a friend. And, you are an advocate. Not a lawyer, but an advocate.

I spent a lot of the last 4 months being an advocate. An advocate for my son to get the treatment he needed. An advocate to get my family what we needed. An advocate for my wife to get what she needed, even when it was more of me. An advocate for my two younger sons who sometimes just needed breakfast with mommy and daddy.

And, an advocate has to have many tools in his arsenal. The power of reason. The power of the brain. The power of the written word. The power of speech. And yes, the power of being loud. Sometimes, you can try logic, reason, writing, and being very nice to people. But, at the end of the day, you sometimes just need to yell. It may get you what you want, or need, and sometimes it just feels right.

So, after that, I am back. I am going to post less often than I used to post. I am trying to get things back on track with my practice. I am trying to keep things in perspective.

Let me know what you want to hear from me. Let me know what ideas you have.

Who needs law school?

California Lawyer magazine has an interesting article on California's Law Office Study Program. It is an alternative to law school. It requires 4 years of study under the personal supervision of a judge or California attorney. Of the 436 people who signed up for this program since 1980, only 64 had earned their license this way.

Now, I am all in favor of alternative forms of education. I went to night law school. I have a friend who works at an internet law school. I know the ABA approved law school route is not the way for everyone. But, this program seems to be pushing the envelope.

Face it - law school does not teach you how to be a lawyer. It teaches you how to think like a lawyer. Heck, law school doesn't even teach you how to file a complaint!! But, the experience of being in a class, of the socratic method, etc... has some value.

I don't know where I come out on this, but with a success rate that is about 15%, maybe this is a program that needs to be rethought. (Apparently, you can do this in NY too.) If any of you have done this type of program, please let me know. I would love to hear your experiences!