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A blog for young lawyers

Superheroes, legally speaking

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I haven’t seen it yet, but “The Avengers” had the biggest opening weekend ever. Comic book fans have been looking forward to seeing some of their favorite superheroes come to life on the big screen. A couple of lawyer bloggers have found a way to meld their comic book love with their day jobs. The Law and the Multiverse and Superhero Law are blogs written by attorneys that explore the legal issues surrounding characters within the superhero comic book universe.

Take S.H.I.E.L.D. for example, the shadowy government agency that appears to have its nose in a variety of superheroes’ business and in saving the world in general. The organization’s status within international law is explored by the Multiverse, which finds SHIELD is inconsistently depicted as either a U.S. or a United Nations entity. If it’s a U.N. organization then, “every single deployment would require the authorization of the member states, so the potential scope of authority in each engagement is likely to be very limited.”

On the other hand, if SHIELD is an American entity that “clears up a lot of problems, like the question of why it can exist in the first place, and it doesn’t necessarily introduce any new problems that aren’t already in play in the real world.” We’ve got SEAL Team 6 doing what SHIELD does anyway. So, maybe the comic book world isn’t so far-fetched.

In the case of The Incredible Hulk, the Multiverse finds that although Bruce Banner probably wouldn’t have an action against the government for his health problems, “depending on the nature of Banner’s employment, either the Federal Employee Compensation Act, the federal equivalent of workers’ compensation, or the Veterans Affairs Administration would provide compensation for his injuries, as he sustained them while executing his duties as a government employee.” I suppose a similar analysis would apply to Captain America.

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Category: Entertainment, Social Media

Even in high-profile cases, the Rules still apply

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As lawyers, we can get as wrapped up as anyone else in the latest media-hyped news. Often the news is law-related, giving us the chance to consider what lessons we can draw from these events.

The story surrounding the death of Trayvon Martin is one example. A couple weeks ago, lawyers for George Zimmerman, the man now formally accused of second-degree murder, publicly withdrew their representation in a press conference. Such a “noisy withdrawal” may have costly consequences under the Maryland Lawyers’ Rules of Professional Conduct.

Specifically, Rule 1.6 prohibits a lawyer from disclosing client confidences. And, Rule 1.16 outlines the reasons a lawyer may terminate representation and mandates that a “lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interests of the client.”

Many reasonable people might make a negative assumption about a lawyer’s withdrawal from a case without any statements he or she might make as part of the action. Zimmerman’s attorneys arguably took this danger much further. The (arguably) negative portrayal of Zimmerman and the public revelation of unfavorable details about their attorney-client relationship could have a devastating impact on his case.

Zimmerman would have been better painted as someone who is confident, alert, and interested in his defense. Instead, they have arguably painted a picture of someone unstable and running scared and, as a result, potentially helped to taint the jury pool should the case go to trial.

In contrast to Mr. Zimmerman’s situation, former presidential candidate John Edwards’ case has seen a lot of turnover during its pendency. But each defense lawyer withdrawal — about four at this point — only came with a court filing, never a press conference. As a result, it seems that despite many very unfavorable details, the outcome of Edwards’ case still seems unpredictable. In any event, we’ll learn the fate of both men soon.

As we get caught up in the latest headlines and become “talking heads” with our friends or loved ones at home, we might step back and consider how these situations might inform our own cases. And, before making any important decision impacting our clients, make sure we consult the Rules.

Category: Advice, Criminal, Trial

Behold these Ten Commandments (of Attitudes)

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I recently had the pleasure of hearing a keynote speech from Robert Grey, a partner with Hunton & Williams LLP in Richmond, Va., and a board member of the Legal Services Corp., which administers grants to indigent legal service organizations throughout the country. He is also a former president of the American Bar Association, one of only a few African Americans to hold that position.

Clearly, he is a man of much success. But the words he had that night for an audience of young (and not-so-young) attorneys was that such success did not come without a willingness to take chances and to strive to achieve more.

Inevitably, when you take risks you will have some failures, but in trying you learn for the next time and you also serve as an example and steppingstone for someone else.

Mr. Grey was in that position when, after running and losing an election for mayor of Richmond, he was asked to speak at a local middle school. It was enough for the school and its children that here was a man that had accomplished much and yet still strove for more. It was of no consequence that he had not succeeded; he was a positive example nonetheless.

I think part of the lesson is that success begins with one’s attitude, and Grey reminded me of the following “Ten Commandments of Attitudes” I found somewhere as a kid:

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Category: Advice

Lessons from a stint as a solo

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As of a couple weeks ago, I am no longer a solo practitioner. Although I’m joining a great firm, there are many things I’ll miss about solo practice, including the opportunity it gave me to grow as a leader, test myself in new and unexpected ways and help people I would otherwise not be able to.

As a solo attorney, you are the one leading your law practice, which is a business, just like any other professional services organization. You are frequently the CEO, CFO, CTO, and marketing director all rolled into one, and how you balance those roles will determine your business success. But while you’re juggling all those things, you first have to do good legal work and give your clients great customer service.

Fortunately for me, I had a number of years of experience before I went solo. This not only gave me a level of comfort with the legal work, but it also allowed me to tap into a network I had cultivated over that time.

These days, times are hard and a lot of lawyers are hanging their own shingle fresh out of law school. My advice for those young lawyers is to carefully prepare and consider writing a business plan that includes answers to the following: what resources do you need (office space, phone, computer, etc.), what area of law will you practice, how will you attract clients and market your services and how much income do you need to survive.

There’s plenty more to think about but also plenty of resources to help you figure out the answers to your questions and help you develop a successful business plan. One place to go is the Law Office Management Assistance department of the Maryland State Bar Association. There you will find a wealth of resources to help you develop and design your law practice. While it will not always be easy, it will be liberating.

My own experience as a solo was both rewarding and challenging and took me to places I’d never thought of, including the opportunity I have now to be a part of a new office within long-established, reputable firm.

Category: Advice, Firms, Jobs, Marketing, networking

How to start a new job on the right foot

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Finding a job in this economy is surely a relief to any law school grad or attorney out of work, but it is truly only the beginning. While starting a new job can be exciting — meeting new colleagues, getting acclimated to a different office environment, learning how to do your job — it can be a nerve-wracking and overwhelming experience.

Here are a few quick tips to make the transition smoother:

Look good, feel good, do good. Consider adding a little something to your wardrobe and take care to always “look the part.” First impressions are everything, and you never know when you’ll be making that first impression on a new client or working with someone unexpected.

Bring something sweet to the office. Most people love at least a little something sweet to eat, and bringing in some doughnuts one morning or having a bowl of candy on your desk is a nice way of meeting your new colleagues because they’ll come to you.

Find mentors. If you don’t have one already, find someone at the workplace who has been there for a while and knows “the ropes.” Someone’s been through what you’re going through, so find them and learn how to avoid mistakes and be successful. If you already have a mentor, why not find another and have two?

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Category: Advice, Workplace

A report from the ABA’s Midyear Meeting in The Big Easy

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Earlier this month, I participated in the American Bar Association’s Midyear Meeting in New Orleans. Aside from the obvious benefit of being in a great location I’ve never been to before, the meeting was a perfect example of some of the benefits of being active in the bar.

Of course, there were excellent CLEs and panel discussions. Not only did I attend an educational event put on by the ABA Criminal Justice Section, but I also participated in one at Tulane Law School.

There, I had the honor of discussing careers in criminal justice alongside a sitting U.S. District Court judge and the U.S. Attorney for the Eastern District of Louisiana, which gave me an opportunity to learn and to hopefully impart something helpful to a room full of law students.

The ABA meetings are also an opportunity to recognize those attorneys and judges who are doing great things nationally and back in their home states. A member of Maryland’s delegation was awarded as a finalist for the ABA National Outstanding Young Lawyer Award. Recognitions such as these are important not only for the recipient but also for those in attendance as inspiration to do better in our profession and communities.

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Category: Advice, MSBA, networking, Travel

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