Everyone has problems. The problems may arise from work or family or friends. It could be your health, a car that starts only 99.9 percent of the time or a household pet. For me, as an attorney, husband, father and active member of various bar organizations, my problems probably do not differ from other lawyers. A co-worker and I, in an attempt to put our lives into perspective, refer to our problems as “rich-people problems.”

(As an aside, I would not consider myself “rich.” I am part of the 99 percent, constantly concerned about the financial state of the Siri household, but the term “rich-people problems” has a much better ring that “upper-middle-class problems” or “hoping to eventually be part of the 1 percent but not there yet problems.”)

My personal problems  include: suffering Achilles tendonitis because of over-training for my spring marathon, debating between refinancing to a 20 year or 30 year mortgage, deciding whether to hold our oldest son back one year before kindergarten so he will be the oldest in his class (see Outliers) and figuring out how to balance the additional (non-billable) responsibilities of partnership at my law firm.

Obviously, these are all things very important to me but nothing earth shattering for others. Recently, however, I experienced a situation that put all of my problems in perspective.

This year, I have decided to dedicate all of my pro bono hours to the Homeless Persons Representation Project’s criminal expungement program. The law on criminal expungement in Maryland is straightforward and you can help a number of individuals without an extensive time commitment per case. Each case takes between an hour or two, which includes research, filling out the forms, meeting with clients and filing the requests.

During my second round of client interviews, I met a man who had never been convicted of a crime (and he also shared the same birthday of one of my children, which made him more notable to me). A very nice guy with a couple of charges on his record, but again, no convictions.  He went back to school and got a technical degree but was having a difficult time finding a job because of the results of a criminal background check. We had a nice talk and filled out most of the paperwork, but I needed to draft another motion in which he would have to sign. I got his email address and told him that I would email him in the next day or two.

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Dear Recent Law School Graduate:

I am sorry it has been such a long time since I last wrote, but the life of a lawyer is not easy. It’s been almost two years since I last wrote and a lot of things have changed and a lot of things are the same.

I made partner this year, which has required more (non-billable) work. The kids are getting older: Braden is almost five and Kyan is a rambunctious two-year-old. Some days, Michelle and I battle to a draw with the kids, but for the most part, they are winning the war at home. I’ve even been able to squeeze in a few marathons since I last wrote, most recently one in New Jersey on Sunday.

But enough about me (and the potential discussion on partnership, family planning and work-life balance). Let’s talk about you.

The legal job market is still fairly tough, especially for new lawyers. Firms are looking for attorneys with some experience, but new attorneys can’t get experience without getting a job. It’s our own legal Catch-22.  There have been reports of a comeback, but that is probably of little solace if you are still looking for a job. My advice on the job search remains the same:

When it comes to the economy and available legal employment opportunities, I do not envy you. We all know that it is a tough market out there. Legal jobs are scarce and the competition is brutal, but keep your head up. The toughest legal job to find will be your first one. All you need is one offer.  I remember the stack of rejection letters that sat on my coffee table years ago. I also remember when I got my first offer (thanks Judge Murdock) and the excitement I felt to start my career. It would do a lot of attorneys good if they remembered how hard it was at the beginning. We forget sometimes, as if we never struggled in court or with a client or to find a job.

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Since January 1, I have been a partner at Bowie & Jensen LLC. As I previously posted, this is the promotion that I have worked for since starting at the firm in 2004. When asked to join the partnership, there was no doubt in my mind that I would accept. I realized that there would be some additional work, but knew that the benefits would outweigh the costs.

Fast forward four months. Partnership is not simply a couple of additional meetings a month or a new title. Partnership is ownership.

In addition to handling all the duties of a full-time litigation attorney, I am now dealing with managing others and managing the firm. Part of my job is to make sure that the firm is running efficiently and effectively. I spend more time thinking about the future of the firm, looking to increase our client base and making sure the lights stay on. The difficulty that I have faced is the balance between real legal work (i.e. billable time) and firm management. In an attempt to resolve the balance, I have been simply working longer hours. This, however, takes away from hours with family or friends or much needed personal time.

Don’t get me wrong, I enjoy being a partner and part of the decision making process. I have a larger role in choosing the direction of the firm. I enjoy being a part of management.

But for those that are up for partnership this year, here are a couple of things that I believe will help the transition:

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On any given day, I may be in court. After enough trips, the process has become somewhat routine. I make sure that I am prepared, I arrive before the scheduled time (which allows me to talk with opposing counsel or go over any last-minute details that may have come up with my client), I wait to be called by the court and then we are off to the races.

I am also fortunate because the clients that I usually represent (businesses and their owners with any disputes that arise throughout the life of their companies) usually have some familiarity with the legal process. Essentially, for the most part, they already understand the legal process or understand the process after a brief explanation.

Unfortunately, for others, the legal system is a foreign concept shaped by two- or three-minutes clips from the daily news and hour-long legal dramas (a la “The Firm,” “Law & Order,” “Boston Legal,” “Ally McBeal” and “L.A. Law,” to name a few). These misconceptions of the practice of law (which make for good television) run contrary to the work performed everyday by each member of the legal system, including judges, lawyers and courthouse staff.

During my clerkship in Baltimore City Circuit Court, I was interviewing with the  state’s attorney’s office, public defender’s office and a private, civil defense law firm. During my interview with the PD’s office, I was asked, “Will you have any problems with representing a client who allegedly committed one or more terrible crimes?”

After a short pause, my response, which I still believe to this day, was: “All attorneys have a commitment to zealously representing their clients. In addition to representing your client, an attorney is a member of the judicial system.  Public defenders protect individuals and their rights. They protect against self-incrimination and unlawful searches.  On the flip side, state’s attorneys protect the rights of society. They help make sure that there is law and order. Without both, the system does not work and justice fails.”

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In an effort to become more organized and more environmentally friendly, I am attempting to make my life paperless (or at least, my work life paperless).

Throughout the course of any attorney’s day, he or she will review documents, draft pleadings, take notes and read case law. My personal method of organization would be to have case-related, binder-clipped stacks of documents on my desk with either a Post-it or letter-sized piece of paper of to-do’s for each case. I would also have a corresponding handwritten list, which was a compilation of everything that I had to accomplish for all of my cases. Finally, I would have an electronic version of the list saved in my firm’s system in the event that someone has to take over a case because I am indisposed. (What would happen to my cases if I get hit by a bus?)

I would then spend time crossing off and adding additional work from the lists. I would review pleadings and case law and documents in paper form, all the while making handwritten notes, highlighting relevant text and leaving Post-it notes to mark important sections. Then, I would have to get these notes scanned in, so I would have an electronic version of my work just in case something happened to the hard copies. (What would happen if a tornado hits my office and all of my stuff were destroyed?)

This system works for me, but it was time-consuming and took extra effort to keep organized. So began my quest to go paperless and become more efficient. My goal is simple: use as few hard copies as I can, save a couple of trees, get more done in less time and decrease office expenses for the use of the copier, ink and paper.

The first thing I did was get an iPad. (Actually, it was supposed to be an iPad my wife and I would share for family stuff, but since I take it to work with my every day, I think she has resigned herself to the fact that I have claimed it. I have promised to get her one for her birthday or if we win the $540 million Mega Millions jackpot). I then downloaded a few very helpful apps:

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Roger Fisher and William Ury wrote a book over 30 years ago, “Getting to Yes: Negotiating Agreement Without Giving In“. Some of you may have seen, heard of, or have read the book, as it is used in college and law school classes to teach negotiation tactics and skills.

The book focuses on the method of principled negotiation based on four propositions: 1) separate the people from the problem; 2) focus on interests, not positions; 3) invent options for mutual gain; and 4) insist on using objective criteria.

(Admittedly, I read only a portion of this book for one of my political science classes when I was an undergraduate at the University of Maryland, College Park. The actual book from college is currently sitting on my nightstand waiting to be reread for the very first time.)

For a number of conflicts, dispute resolution such as negotiation should assist in making the best, most cost-effective and reasonable decision. In other situations, the only answer is “no.” For me, these situations do not arise during my course of dealings as an attorney with clients or opposing parties in litigation — they arise when I am dealing with requests from other commitments.

If you are a regular reader of Generation J.D. or a reader of my blog, you may know that I am a major proponent of attorneys becoming involved with the Maryland State Bar Association, their local bar association (Baltimore County for me), and their community. Getting involved is an easy three step process: 1) show up; 2) do good work; and 3) repeat. Before you know it, you will be asked to do more good work. You may move up the chain of command and might chair a committee or become a member of an organization’s board of directors. More doors will open and additional requests on your time will be made. (It almost sounds like “Oh the Places You’ll Go!” by Dr. Seuss). Read the rest of this entry »

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