Brown & Little, P.L.C. » Practice in General
What Would I Have Done?
I finally subscribed to Above the Law. I thought about it once before after clicking on links to it from Simple Justice, but I quickly realized that Scott Greenfield’s commentary on articles far exceeded the quality of the articles themselves. It popped up on my radar again after people kept asking me if someone there found out about something from me and didn’t attribute it, but I doubted that was true and didn’t have enough time to worry about it anyway. I forgot about the site again until recently, when Brian Tannebaum began posting there. I couldn’t figure out how to just subscribe to his posts, so I’ve been getting everything. It’s way too much to read, what with running a practice and all, but some of … Read entire article »
Filed under: Practice in General
Taking a Vacation
I’m slowly getting back into the swing of things after the longest vacation I’ve taken since I began practicing law. From planning the vacation, to preparing for it, to actually taking the time off and trying to enjoy myself, the experience taught me quite a bit. It drove home a lot of points about the nature of what I do. I should never view any non-work-related plans as concrete. As hard as that’s been for me to swallow, with my current practice, I know that it’s true. I represent a fair number of clients each year, and at any given time, many of their cases are at very different stages. I’m never at a point where I have no clients, so there’s always somebody who’s my … Read entire article »
Filed under: Clients, Practice in General, Solo Practice
Managing Caseload
Most lawyers plan for when times are bad. We tend to only joke about what we’d do with an enormous caseload if times got great. I’m certainly guilty of making off-handed comments about too much work being a good problem to have, but in reality, when too much work really does become a problem, it’s probably worse than the alternative. Before I had any real experience, I looked all over the place for guidance about caseload. I spoke with public defenders and met some who had 30 open felony cases. I met some with 60. Several public defenders who handled misdemeanors as well as felonies told me they typically had over 100 open cases at any given time. Relying to some extent on the stereotype … Read entire article »
Filed under: Clients, Practice in General
Refining the Product
Private practice lawyers learn to play many roles. One role that many people seem hesitant to acknowledge is the role of salesman. Like it or not, if you want to make a living in the private sector representing human beings, it is imperative that people want to hire you. To do that, you must occasionally play the role of salesman. I am no salesman. It isn’t in my genes, I haven’t gone to great lengths to develop any sales skills, and quite honestly, the idea of selling things to people, even if it’s something I believe in, makes me feel a tad bit icky. I acknowledge I must sell my services to stay afloat in this profession, but I generally do that by sticking with one … Read entire article »
Filed under: Marketing, Practice in General
The Joy of Mid-April
I’m always in a terrible mood around the 15th of April. It’s the time of year when I get to think about just how much money the state and federal governments take from me and my business. I get to remember that, not only do I get to pay taxes, but I also get to pay people to help me pay taxes. I have to answer questions, make calls, send emails, send faxes, and write checks. It’s a waste of time I could devote to more important things, like my clients. I saw Obama on the television giving a speech yesterday. He was short on details, but his message seemed to be that Americans don’t have to make any sacrifices. We don’t have to cut … Read entire article »
Filed under: Government Rants, Practice in General
Clients, Contracts, and Good Deeds
I could barely understand what she was saying. The woman on the phone was hysterical. She called me that afternoon out of desperation and was so distraught she didn’t make an awful lot of sense. I could piece together that her son was charged with a felony, that his arraignment was coming up very soon, and that he would lose his job if he had to request that day off of work. She insisted I was her son’s new public defender. It didn’t take me long to realize what was happening. Years ago, indigent defense contract work was a key component in our business model. People don’t line up to retain lawyers in their mid-twenties with about ten seconds of experience. Not if the … Read entire article »
Filed under: Clients, Practice in General
Loose Ends
A good friend of mine makes his living managing musicians and musical groups. Driving back to reality after a weekend of fishing and grilling out with his friends last summer, the two of us discussed our respective careers at length. He pieces together very different types of work to make ends meet, and it works very well for him. It keeps things interesting, and he can make his own schedule. Things can get hectic, but things can also be very calm. His work life has obvious goal posts. The next booking or the next concert signifies a clear stop to a given task. He can tie up loose ends before beginning a new project. Although I have one very clearly delineated job, to some extent, I … Read entire article »
Filed under: Practice in General
Tipping Our Hand
People who don’t practice criminal defense tend to have a number of funny misconceptions about how the process works. Sadly, some people who do practice criminal defense also tend to have a number of funny misconceptions about how the process works. One huge area where non-practitioners and even some practitioners seem to get confused is disclosure. “We’d better not tip our hand,” I hear over and over again. In Arizona state courts, far more so than in federal court, the disclosure rules are quite extensive. The state must comply with all kinds of requirements as the case proceeds. At the arraignment, it must turn over all law enforcement reports as well as the names and addresses of experts and the results of completed physical examinations, scientific … Read entire article »
Filed under: Practice in General, Procedural Rules
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