Generation J.D.

A few weeks ago, I attended a Town Hall meeting aimed at addressing issues that arise in cases involving self-represented litigants.  While in law school, I don’t believe the thought of having a case against a party not represented by counsel ever crossed my mind.  However, the reality is that the number of cases being filed and tried by pro se parties is increasing at an astounding rate.  As was discussed during the Town Hall meeting, this reality poses a complex set of hurdles that many lawyers have trouble stomaching.

Looking at Rule 4.3 of the Maryland Rules of Professional Conduct, titled “Dealing with Unrepresented Person,” a lawyer, in dealing on behalf of a client with a person who is not represented by counsel “shall not state or imply that the lawyer is disinterested.  When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding.”

While this Rule provides some instruction in how to define your role as advocate for the opposing party, it does not provide concrete advice as to how to interact with an unrepresented party during the course of litigation.  There are many concerns that attorneys, regardless of experience, have expressed when dealing with pro se opposition. Read the rest of this entry »

Powered by Bookmarkify™

Back when I was in school (take your pick: elementary, middle, high school, college or law school), I loved snow. Couldn’t get enough of it. In fact, I remember one year in high school where school was closed for a week, Christmas break began early and exams were canceled…talk about best-case scenario.

As I look out my window, I can’t help but think that my feelings have certainly changed.

Now that I’m out of school and practicing, snow doesn’t excite me quite as much. In fact, I’d go as far to say that it now aggravates me. Read the rest of this entry »

Powered by Bookmarkify™

We all do it.  We send text messages that butcher the English language despite years of teachers critiquing our writing.   We shorten “thanks” to “thx”.  We abbreviate “you” with “u”.  “For” becomes “4″.  I do it all the time… and personally, I don’t have any problem changing spellings and using condensed versions of words to create my own text dialect.  That said, this bad habit needs to be limited to personal messaging only.

From recent conversations with various members of the Baltimore County Bar Association, it has been brought to my attention that many attorneys, rookies and veterans alike, are now using “text speak” in e-mail communications.

E-mail has drastically changed the practice of law.  Drafting letters has been replaced by sending e-mail.  No longer do you have to wait days for a response to correspondence.  Instant communication is now, quite literally, at our fingertips.  However, the trend of replying to clients and opposing counsel with broken English and text-speak is apparently widespread.  (Personally, I have not seen too much of this, but apparently many others have).

Have wordsmiths and the art of writing letters with linguistic prowess been replaced by thumbing quick reply emails into Blackberries?  And if so, why?

The most obvious explanation is the fact that, thanks to our “smart” phones, we are available 24 hours a day (See any and all of the blogs under the Technology tag).  Secondly, considering that the biggest complaint the Attorney Grievance Commission receives about Maryland attorneys is the alleged lack of communication clients receive from their lawyers, it’s now quite effortless to send a quick response acknowledging receipt.

But, does the quick response from your phone allow you to forego formality?

The consensus among those who I spoke to was to avoid using the text-dialect at all costs.

Although many were discussed, there were two reasons that stood out as most important.  First, clients are paying substantial fees for representation.  They ought not be billed for colloquial responses, especially when the price tag is typically a few hundred dollars per hour.  Secondly, there is always a chance that your email will end up as an exhibit in trial.  I know I would not enjoy being cross examined about what “Thx 4 the dox” means, nor would I want any judge to get an impression of my legal abilities based on said phrase.

So, as a wise person once told me, “draft your emails with assumption that, one day, Chief Justice Roberts may be reviewing the transcript.”  Save the txt spk 4 friends.

Powered by Bookmarkify™

Right now, I am sitting on my couch.  It’s 9:10 p.m. on a Sunday.  I’m wearing my Joe Flacco jersey, and I have spent the day with my family and friends watching playoff football… including a huge win by the Ravens over the Patriots.  To say the least, I am very comfortable.

My roommate is not home yet.  She was supposed to work a 12-hour shift.  It began at 7 a.m.  She’s a pediatric resident at a highly regarded local institution.  Honestly, I’m not even sure what rotation she’s on tonight.  She may be in the intensive care unit, or she could be in the emergency room.  She may be delivering a baby…she may be treating a gunshot wound… she may be diagnosing a patient with abdominal pains, where it could be a simple stomach ache or gastric cancer.

Oftentimes when I think that I’m overwhelmed at work, I think of her.  As of today, she has worked 10 consecutive 12-hour days, and I believe she has four more “work days” before she gets a day off.

While I am not jealous of her work schedule, I think the way the medical profession treats its young members is very advantageous.  She is in the trenches every day, and after each shift, her supervisors are advising her what she did well, and where she could have improved.  From a practitioner’s standpoint, I can’t think of a better way to learn the trade.

Keeping everything in perspective is very important.

There are very few times that we are asked as young lawyers to make “life or death” decisions on our own… without supervision or intervention by our mentors or supervisors.  If we can manage our day-to-day tasks, and learn something new each day, our collective careers should have very sturdy foundations.  Plus, we can hopefully enjoy a Sunday night on the couch every now and then.

Powered by Bookmarkify™

Last week, I wrote a post about how my family, as well-intentioned as they are, often use holiday gatherings as opportunities to pummel me with “law” related questions.  This weekend, I found out that this trait is, in fact, hereditary.

To celebrate the new year, my law school roommate (Brian) and his buddy (Dave) came to Baltimore.  Both Brian and Dave are JAGs in the U.S. Air Force.  Both are Captains.  Both were stationed at Camp Cropper, a forward operating base at Camp Victory in Baghdad, Iraq this time last year.  Both were involved in detainee ops.

To say that I was intrigued by their collective experiences would be an extreme understatement.  While they were here to relax and enjoy the holiday, I took every opportunity to find out what it was like to be a lawyer in Iraq.

That said, I have no doubt that my inquisition was at least as annoying, if not more, than the one my family subjected me to at Christmas dinner.  But, I couldn’t help myself.

“What was it like to experience a mortar attack?”

“What does 130-degrees really feel like?  It can’t feel that much hotter than 98, can it?”

“How tough was it to celebrate Christmas in the desert?”

“Did you ever get up at 3:00 a.m. (Iraq time) to watch the Redskins?”

“How difficult was it to question detainees through translators?”

“How do you entertain yourself on a 12-hour flight in a C-130?”

“On a daily basis, what was it like to deal with individuals who wouldn’t think twice about trying to kill you?”

Despite the constant onslaught of questions that I am quite sure they thought were ridiculous, Brian and Dave were great sports.  Personally, I am happy and proud to know that individuals like Brian and Dave are serving our country and legal system with such valor and integrity.

Powered by Bookmarkify™

Mr. Siri’s latest entry advises us that to best enjoy this holiday season we should leave work “at work,” and relax with our family and friends.  I agree with this philosophy wholeheartedly!  I would love nothing more than to sit on the couch, watch football, open presents and stuff my face during Christmas.

However, this becomes a nearly impossible task as my family sees Christmas get-togethers as the perfect time to interrogate me with a variety of hypotheticals.  Some of the situations are completely made up.  Others involve my family members’ friends (wink, wink).  All are completely absurd!

“If I get pulled over, should I refuse the breathalyzer?”

“I know that carrying a concealed handgun without a permit is illegal, but what if I don’t conceal it?”

“Is it ok to wager on sports if the website I use is off-shore?”

“Can I leave money to my dogs in my will?”

“If someone breaks into my house, it’s ok to shoot the intruder, right?”

And the best part is, I usually have very little to offer by way of satisfactory answers or solutions.  My lack of a suitable and concise explanation inevitably leads to the conclusion that I’m obviously not well versed in the most important areas of the law.

But, I still love my family, and, despite the repeated cross-examinations, they make Christmas my favorite time of year.

Powered by Bookmarkify™