Clients, Why You Look Like An Idiot Negotiating Legal Fees: A Video

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

A Message To Young Lawyers As The Recession Worsens: A Time To Kill

I have to laugh every time I hear that the "recession may end sometime this year." A "recession" is a period of time when there is "a period of negative growth, usually during two consecutive quarters."

So when there is two consecutive quarters of growth, or no "negative" growth, we are technically out of a recession.

But this economy is done, for a while. A long while. It's comical but true that many people believe the "end of the recession" means that things will "go back" to the way they were.

They won't.

Life in America has changed, it's just waiting for people to catch up

Young lawyers need to catch up, quick.

Based on my unscientific study, i.e. reading things like the ABA Journal and talking to recent graduates, there are no jobs.

BigLaw is deferring start dates (read: here's some money because we feel bad we can't afford to actually hire you, and will officially kick you to the curb in a few months when we come to terms with reality), government agencies (prosecutor and public defender offices) are on extended hiring freezes, and small firms are picking up lawyers who have a "book of business" and don't need any training.

This is a terrible time to be graduating law school, and it is to those that I write this post.

The disillusionment must be painful. Those that actually went to law school due to some corny passion (that I had) to be a "lawyer," must be wondering what the hell you're going to do. Those that went to collect that $150,000 BigLaw salary at the end of the "rainbow" that you were "promised," well, you're having a different kind of pain.

To those that truly want to be "lawyers," meaning you want to represent clients, think about this: assume you won't get a job. If this is the case, what are you going to do? Sit home? Send out resumes? Hope?

How about making yourself available to a lawyer in the field you want to go in to? Make a list of the best lawyers in your desired field, meet them (find a way to meet them in a social setting) and offer yourself to work for them. Yes, for free. (BigLaw rejects please don't throw up on your monitor).

Do it for a month, two months. See where it gets you. Will the experience hurt your chances to get a job?

Exactly.

I mentioned this to a newly minted lawyer by saying "Find a lawyer, not a job." He responded by asking if I had any openings. Wrong response. None of these lawyers have any "openings." Create the opening.

Ever see "A Time to Kill?" If not, rent it, and watch the scene when Sandra Bullock is trying to latch on to a job working with Matthew McConaughey. She is relentless. It's exactly what I am talking about.

And to you BigLaws who are figuratively, or maybe literally thinking of who to sue for lack of receiving your entitled job churning billable hours? Go find a job selling Amway or Mary Kay. It was all about the money anyway, why concern yourself with how you make it?

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Why You're The Lawyer Who Gives And Gets Crappy Referrals

My friend Stephen Fairley over at The Rainmaker Institute just penned an article on the 4 myths attorneys believe about referrals.

His "myths:"

1. Clients are the best source of referrals.
2. Most referrals come from other attorneys.
3. Online legal directories produce a lot of referrals.
4. Formal networking is a great way to get more referrals.

After 15 years of building a practice by word of mouth, I will say this:

Stephen's right:

1. Clients are not the best source of referrals, but no one is better suited to talk about you as a lawyer - good, and bad.

2. Most referrals may come from other attorneys, if you have a certain type of practice. If not, remember that the recommendation of a peer, is as good as it gets.

3. Online legal directories do not produce a lot of referrals, but potential clients will go there to "check you out" after they receive your name.

4. Formal networking can be a great way to get more referrals, if you are doing formal networking to develop relationships, and not just pass out business cards.

Now here's how to give and get crappy referrals:

1. When asked for a referral to another lawyer, don't bother asking for details.

Clients will call and ask for a "top notch" real estate lawyer." Your lack of inquiry is met with a call from that "top notch" real estate lawyer asking why you referred him someone with no money who is getting evicted and is looking for some "pro bono" help.

2. Don't ask what the client means by "reasonably priced."

My definition of reasonably priced is this: $500. I believe every single person asking for a "reasonably priced" lawyer is looking to spend $500. So if you want to be known as that lawyer who always refers those $500 cases, never ask the client what they mean by "reasonably priced."

3. Never follow up.

You just got hired on a case. You just got a check for a few thousand dollars. Referring lawyer told you he didn't want a referral fee. Ever heard of a gift card? Wine? Lunch? That referring lawyer, knows 4 other lawyers who do what you do.

4. Don't educate lawyers who are referring you cases or ask about referring you cases.

There's nothing wrong with the following phrases: "I don't handle these types of cases;" "I'm not looking for people who have money issues;" "I'm happy to do payment plans, but they work like this......" "I do criminal defense, but not DUI;" "I do bankruptcy, but not personal bankruptcy, just corporate."

My favorite calls are "this guy called, but he has no money and I wasn't going to waste your time." Some people are just so eager to refer cases, they don't care about whether the lawyer is interested.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Stupid Bar Complaints

Is there such thing as a "stupid bar complaint?"

Yes

Do state bars recognize "stupid bar complaints?"

Yes

Then why do they ask me to respond to "stupid bar complaints?"

To let the public know that their stupidity is taken seriously, and because what looks stupid to you, may not look stupid to the Bar.

The problem is, "stupid bar complaints" are often met with "stupid lawyer responses."

When lawyers get "stupid bar complaints," they exhibit anger much more than those lawyers who get "serious bar complaints." A lawyer who knows they are in trouble is much easier to deal with than a lawyer who knows they've done nothing wrong, or at least thinks so.

"Stupid bar complaints" are usually dealth with by the Bar in exactly that fashion, it just takes time.

Less and less lawyers are receiving letters from the Bar informing them that a complaint was filed and summarily dismissed without the need for a response.

I believe state Bars have moved deeply into the "consumer protection" world, and I think it's wrong. Yes there are bad lawyers and Bars need to take swift and serious action, but Bars have moved their mission to focusing on public protection from lawyers, and it shows. If you look at the advertising rules, the prevailing theme is "people are stupid, lawyers are smart, and we must protect the stupid public from smart lawyers." This is why font size, colors, and specific words are sanctioned nationwide - people are too dumb to understand when a lawyer is "puffing," says the Bars. You can't say you're a great lawyer, because you may not be.

When you get a "stupid bar complaint," act as if it is not "stupid." Kill the ant with a hammer, but hammer on the Rules, not the complainant.

In the end, if it truly is "stupid," it will go away.

"Stupid Bar Complaints" though, will never, go away.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

A Laid Off Lawyer Says Goodbye-To Life

I've never understood what it is about lawyers that causes them to believe there is no life outside of the law.

I understand BigLaw teaches this philosophy, but it's far from the truth.

When I talk to lawyers facing disbarment due to ethics violations or criminal convictions, I always ask the same question: "Have you thought of doing something else?"

I'm not a big fan of disbarred lawyers "hanging on" in law offices. For the most part, it's a bad idea mentally and practically. For the most part, it's the first thing they think of doing post-practicing lawyer life.

A legal education is beneficial in many non-legal fields. Many successful business owners went to law school and never practiced law, or left practice to go into something else. Although I understand a practicing lawyer believing after a good number of years that there is nothing else they can do, it's more a factor of self-perception than reality.

Today I read that a lawyer who was laid off at a big firm committed suicide at the firm's office. The title of this post links to the story. This was not a young BigLaw with little knowledge of the real world of practicing law.

This was a 59-year-old Yale Law School graduate. He was in charge of the firm's Supreme Court and appellate practice group. Prior to his BigLaw job, he worked in the Department of Justice as a senior political appointee. Everything about his resume indicates he could have found something to do somewhere else. This was a lawyer who argued 16 cases before the U.S. Supreme Court. He spent five years in the solicitor general's office as a staff lawyer under Justice Samuel Alito Jr. during the Reagan administration.

Apparently he left a note at home, "saying he loved his family and instructing his wife on how to handle finances and other matters." His teenage son found the note.

This was a lawyer who saw no future. He probably had serious political connections, many friends, and most likely would have been picked up by someone, somewhere. Even in this economy, someone would love to have him, as a partner, office mate, professor, advisor.

What was it that made him believe that his forced departure from one BigLaw firm was the end of his career, and he couldn't live another day?

These are the things that scare me about lawyers - the notion that if we are not practicing law, we can't exist. The notion that if we are sent out into the wilderness at any point in our career, we can't function.

While I spend a great deal of time bashing the lack of real lawyer education that is BigLaw, I can't imagine working there and being fired. The associates have no real working knowledge of the business/client side of the practice of law (as BigLaw wants it), the junior partners are tied to golden handcuffs with salaries they cannot make in small or solo practice when they first go out, and long time partners become comfortable to the point that they can go nowhere but to another BigLaw.

But with that being said, there is life outside the law. I just don't know why lawyers of all people don't understand.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Free Advice For Florida Bar Applicants

I'm sometimes happy to give free advice.

I'm happy to answer an email, take a quick call, or grab coffee in the courthouse and talk about a Bar issue with a fellow lawyer.

But some of these calls and email exchanges are getting a bit long and repetitive, and although I'd love to be able to spend more time working for free, my mortgage company and other obligations (paying clients) wouldn't be too happy.

So I thought I'd post some frequently asked questions and my answers. This way, in certain circumstances, I can refer people to this post.

[1] Do I need a lawyer for a Bar Admission Hearing?

Answer: Read here.

[2] Am I going to get into the Bar?

Answer: I don't know, and my opinion is not the end all be all. Your question really isn't whether you are going to get in, it's whether you can get in without having to hire a lawyer. How would you feel if I told you "yes," and the Bar said "no?"

Take a look at Rule 3-11 of the Rules of the Florida Board of Bar Examiners for a better understanding of what the Board of Bar Examiners considers "disqualifying" conduct. The admission process is a combination of your issues, your attitude, your current status, and doesn't rest on some black and white formula. If the Board of Bar Examiners doesn't think you have the Character or Fitness to practice, you're not getting in.

[3] What's the Investigative Hearing like?

It's like a hearing.

There are 3-4 people, a court reporter, someone from the Board office, you, one person selected by you, and a lawyer (if you have one).

They will ask you questions under oath, and make a decision within 7 days. You can present evidence and make a closing statement.

[4] I have so many issues. Should I [drop out of school] [withdraw my application] [forget ever being a lawyer]?

In most cases, probably not. This question though, cannot be answered with a 5 minute phone call or reading case law. You've gone this far to make a decision just based on receipt of a Notice of Hearing and a few minutes of anger.

[5] Can I just go to my hearing and tell them I'm sorry?

Sure.

[6] If I hire you and don't get in do I get my money back?

No, but when you become a lawyer you can have that policy with your clients.

[7] Can I just tell you my situation?

Sure. Once.

[8] Can I just ask you a few questions?

Sure, but not a few every couple weeks for the next 3 months.

[9] Can I not disclose this and maybe they won't find out?

Not if I'm your lawyer.

[10] If I haven't disclosed something, when should I do it?

Now.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Florida Law Schools Stink Up The Bar Exam, Except Stetson (the best school in Florida by far, no question)

Well, law schools love to say that they are "not a 3 year Bar Exam prep," and this year, that is certainly true.

On the February 2009 Florida Bar Exam, the 3 highest ranked schools had at least a 20% drop in the number of students passing the exam.

Here's the results

While no Florida school did better than last time, the school with the lowest percentage decline was Stetson, wonderful school that it is, training the best and brightest minds to enter the legal profession. Ahem ahem.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com