I’m sure it’s like fraternity hazing. Some people perpetuate it, some people don’t but “back in my day” it a ton, and others recognize it’s dumb as hell and neither perpetuate nor brag about it.

I am quite certain I’ll be in the third group. Also I just used an Oxford comma for the first time in months and it feels weird and good.

AGame, you looking elsewhere already?

Not seriously, no. I think it’s probably too soon to bail without raising red flags and I doubt I could get something equivalent currently. Applying to clerk could be an option but even if I secured one within the next 3-6 months it wouldn’t start until 2020 probably. Also not sure I’d enjoy it.

I’m in a tough spot. I think my firm is about as good as it gets for biglaw in terms of everything non-hours related, and I don’t hate the work, I’m just on a miserable team and I can’t just get off of it for lots of reasons that are too complex to explain. I think I just need to stick it out until the point where I’d be fine with it if I got fired and then tell someone important that I’m going to quit unless I get taken off this team and put on a different one or several different ones (preferably). Unfortunately that’s probably at least a year away though. And they may call my bluff too because the longer I stay on this team the more knowledge I get and the more valuable I become (and the less likely they’d be willing to let me do something else when I could be doing this).

I can’t see being in biglaw past 3 years though barring some very unforseen change.

NY Bar is done (took early through Pro Bono Scholar program), pending results. Feel like the MPT and MBE went incredibly well, which is of course quite unsettling. MEE was a joke, as the questions were so narrow, but I probably bull****ted just fine.

This biglaw talk makes me feel better (fleetingly) about my acceptance of an offer from a DA's office. Spending my last semester now working full time in a criminal defense clinic, and contemplating how one lives in NYC on a $60,000 salary. Advice from anyone with experience of such feats would be much appreciated. Seems to be the salary sweet spot where hardly any "affordable housing" options are actually available.

no easy answer maddog, realistically you are talking about sharing space with a S.O. or finding a roommate. I imagine you are required to live in the county where the DA is located?

Since I am going the route of maddog and doing the NYS Pro Bono Scholars program, registering for my last didactic semester of law school next week. If I get into all the courses I want I will only have 1 more law school final exam. All my other courses will be skills or clinic based.

That's the way to go, 'grats.

Anyone know anything about the ARD program in PA?

What are the rules of ARD probation and how much court costs?

Thanks

Line Check


Had a CL who we did divorce/custody work. Divorce is over, and custody had an order in place, but I guess is never technically "over" until emancipation. However, CL received a ending representation letter, so CL was closed out.

Check the news this weekend and find out our old CL was killed. Not surprising given CL's "activities", but nonetheless, feel bad for the kids left behind. No emergency custody situations either, since our CL wasn't on custody time.

Question: Do we have to do anything different since CL is now dead? Like, I'm still going to hold the fie for 5 years, but didn't know if anyone had any thoughts on a different type of closeout procedure? I'm just doing everything the same and holding file and documents and whatnot. Never dealt with this yet, but I'm sure someone else has, so just didn't know if anyone had any thoughts.

Without going into too much specifics what are your file close out procedures/requirements?

Notwithstanding financial records, which are obviously different, what exactly are you holding onto?

In my father's small firm we do not keep anything that we are not required to under statute. My father's mantra being that he is not the repository for his client's information. All documents are returned to clients and they only documents he retains, which he must under statute, are documents relating to his financial transactions with clients.

Only what we have to under statute. Our malpractice carrier recommends keeping copies of all correspondence as well, so we keep that.

I guess my question is more like, do I need to send a letter ending representation to the estate executor? Obviously, we aren't doing the CL's probate, but just want to be sure there is no confusion since CL probably has our paperwork lying around the apartment since the matter just recently closed.


edit: We have copies of all outgoing/incoming. I just scan everything, so we technically have a "copy" of everything, but it is digital. We keep hard copies of everything for the most part as well, but especially financial related docs.

Insurance adjusters are the nut low.

Case where the tortfeasors plowed into CL's house, etc. etc. I won't repeat the entire facts here, but I've posted it before if interested.


Anyways, we had our experienced mentor look it over, he thought somewhere between 35-50k was fair, maybe a good jury selection and it goes higher.

Adjuster 1 finally called today. He asked me what our claim was even about, I told him, and he goes, "That's not real" referring to NIED (neg infliction emotional distress) I just very gently listed the elements, talked through each one, said liability is clear-cut.

So he goes, "okay, um, demand amount is too high. I can give you like $300, maybe? Even then, I don't think this is even real, so I dont think I can even do that idk"

I replied that $300.00 is really a non-starter tbh. He just said it was his cap, so I said, okay I'll speak to my client, but I believe we are worlds apart.

He just started asking random questions, so he obviously didn't read it. If the adjuster won't read it, I think selling an NIED claim is going to be practically impossible.

I was very respectful throughout, as well.


So, my questions/thoughts/concerns/advice etc., from the thread are as follows:

1. Do adjusters frequently not read demand letters?

I know about Collosus and other evaluation programs, but I assumed they at least skim the facts. I figured they don't read medical articles attached or other complex articles, but I assumed they would at least read the police report and/or look at the pictures lol. I don't know, I'm totally green here, so looking for some thoughts/past experiences here.

2. Did I just draw unlucky with this adjuster?

Maybe this adjuster just sucks and others are better. Maybe not.

3. I'm still waiting to hear back from other tortfeasor's adjuster. Pending that conversation, if I get the same nonchalant, nonstarter tones, I'm thinking just file the complaint and not even bother to waste my time. Negotiating when we are so far apart seems like a waste of time. But if others have strategies or success with waiting, I'm down to listen!


Thanks in advance everyone. Got to say, I love this thread and the wisdom. It's always nice to hear experienced attorneys point out good/bad in our methods. Also, if anyone here is on reddit too, the r/lawfirm is a great subforum for solo/small attorneys out there. I like this thread better, but I try to spread out so I don't overload folks.


edit: Should have included it originally, but I talked the situation over with another attorney in town with 20+ yrs experience. Her advice was to say something like, "Well, obviously you haven't read it, so I'll give you time to read it and we can discuss it after." I did not think that was the best path forward, and I generally avoid being snarky/dickish if I can, but if thread thinks a hard line needs to be taken, I obviously can do that in the future.

Deuces: My first and earlier reply to your question. My mistake was to use the word "probably". (emphasis added) As a learning experience, you're now six weeks later and . . .

This +1. I sent a letter to clients advising them that I did not keep records (usually along with any documents that belonged to them which were enumerated in the letter). A copy of the letter was kept in digital form and the attorney file (file notes, etc. are the property of the attorney, it is not the client's file, it is the attorney's file) on that client was shredded.

Haha! Well, you were right!

I just got back from a bar happy hour and went over the situation with a few local guys. I'm pretty confident on our path forward now and just have to talk with the CL/get them on board with it. I should have put in the OP that CL wanted to avoid litigation at all costs, but yeah, we did our best to avoid it. I assume we are just going to have to fight some cases before anyone will take us serious. If I was defense, and I saw young attorney + very small track record, I would pretty much do the exact same thing.


My malpractice carrier recommended keeping a copy of financial/correspondence sent out. We keep copies of that, but I don't keep copies of notes or internal memos. Not sure if that is standard or not or if its practice-area specific.

This is a very sound practice.

A close out letter probably is a good idea. Would def seek the advice of mentor counsel. It's kind of awkward to send a close out letter to an executor, if that executor had a close personal relationship to the decedent.

When you are new to practice, hard copies do not seem like a burden because you do not have a lot of cases yet. But up until 5 years ago my father had a storage unit solely for the purpose of old client files (he's been an attorney 34 years). I finally convinced him enough is enough and we've converted totally paperless since. The lone exception is financial records, because NY still requires hard paper copies.

Don't laugh at me, but seeing as how I've decided to attend law school this fall, would I be an idiot to play some poker online. I'm not in vegas or jersey. Worth the risk, or just dumb? Would the very very unlikely chance of me getting arrested completely ruin a career in law? I.e. no chance to be accepted by the bar etc.?

I refuse to not laugh at you.

(You’ll be fine.)

It might depend on where you reside. I would not play if I was in Washington state. Elsewhere, I would make sure I don't violate the TOS or get involved in any scams. You need to check the law where you live. In many states, it is illegal for a site to offer online poker but not illegal to play.

Always ask yourself (not only about playing poker but about many temptations that will come to you as a lawyer): Is my license worth this? Never forget that a law license is a license to print money (some call it a license to steal, but don't do that) and you never want to lose your ticket.

I live in tn and it's illegal by law. It is a class c misdemeanor (sp?). My real question is would that charge, in the unlikely event I get arrested, ruin a career in law? I know people in law school get dui's and are fine. Was curious if gambling was an exception etc.? I already had to disclose on my c&f that I got a drinking/ resisting arrest ticket 15 years ago. I don't feel like jeopardizing a legal career for microstakes plo, but I do love poker.

Since lawyers are notorious for being alcoholics, DUI is one of those few charges that a lawyer can get (once) and not ruin a career. I can't think of another charge, besides maybe driving without a license, that will not be a serious career set-back.

I have never heard of anybody getting arrested for online gambling. It might be that the real problem with grinding microstakes is that it will be taking time away from law school.

An underage gambling arrest (albeit from when I was 19) caused me not the slightest inconvenience.

Can check off the MPRE. I way over studied for it. Hopefully that pays dividends though as I do not plan on paying much attention to my Professional Responsibility final.

Nice job dude!

Lol. After an 8 week sweat, I passed the NY UBE with a 329. 159 scaled MBE. Somehow, with only finishing 68% of the prep course.