Tuesday, July 30, 2013

The Mother of All Marathons -- The Bar Exam!









I had these thoughts, having just returned form a luncheon "pep rally" for our law students taking the 2013 North Carolina Bar Exam: 

 I just returned from a lunch that our law school sponsors for the students taking the North Carolina Bar Examination, today and tomorrow. Today is local law – 12 essays with about 30 minutes to think through and plow through the question. Tomorrow is the Multi-State. As one of the students told me over lunch, “I like the Multi-State – the answer to each question is there for each question . . . somewhere!”

They all looked good. . . Calm, relaxed with – I believe – a sense of mission. It is the moment. It is the time when a law student finally brings it all together and takes the first steps of walking “out” of law school and “into” the world of “lawyering.”

I used to think that it was, somehow, unfair that the long and arduous three year law school process, all came down to a two day exam. What if one wasn’t feeling well on one (or both) of the two days of the bar exam? Or, as what happened here in North Carolina – what if there is a power failure that causes an hour break in the exam process?? . . Is this all fair after burning over $20,000 (in some cases much more!) in tuition?

Well, there’s got to be a barometer after you leave the cloistered environment of your law school. Where is that “bar” set??  . . . It’s got to be the exam itself.  A law student must realize that the ultimate goal of the law school experience is really not Law Review, Moot Court, Class President (all great resume value items!), but is  passing the bar examination. It is the “mother of all marathons” for law students.You can't ease up during the summer and not put in the time that's needed. Why did you go to law school anyway if you don't know that this -- not all your classes in your 1L, 2L, and 3L years -- is the prize!

Work hard in law school, but never forget (even if you are just now entering law school as a "newbie" 1L! ) that the bar exam is the ultimate exit for you – from law school – and entrance into your career as a lawyer.

Tuesday, July 23, 2013

Thinking of a Career Move? Make Sure You Have No Regrets Afterwards!







Alas, the new CBS legal “reality” show entitled “Brooklyn DA”  has already been cancelled - sigh (controversy, low ratings). The show usually had  three segments in “Sixty Minutes” fashion that dissected real cases as they were evaluated and tried by actual “line” Assistants with input from Bureau Chiefs and even the Kings County District Attorney himself, Charles J. Hynes. The viewer got to “sit in” as the Assistants plot strategy, prepare witnesses, comfort grieving family members, talk with investigating detectives, and go over plea discussions with defense counsel.

In watching the show, I have had bursts of emotion and nostalgia because The Kings County District Attorney’s Office is where I got my start and “cut my teeth” as a young Assistant and trial lawyer. I note with amazement that there are brand new courtrooms in “Brooklyn Supreme.” Years ago, I had to walk through urine invested hallways (“perps” do the  damnest things when they are angry and headed for sentencing!) in an courthouse that must have been over seventy five years old to get from court room to courtroom. The entire District Attorney’s Office is now lodged in a spanking new building. It looks so inviting that it makes an old alumnus want to go back. . Well, at least think about it.

Back when I stared as a young Assistant District Attorney, we had no office at all – not even a desk to call home! . .We had 18 x 18 “cubbies” where we were asked to put everything: files, legal books, and all our personal items. At least I didn’t have to worry about an IPhone back then. What’s that?)  

In the fall of my first year, I worked as a Misdemeanor Line Assistant doing Arraignments, and working midnights in the Complaint Room reviewing charging documents that the NYPD brought in subsequent to an arrest. When I finally passed the bar (if you have the time, you may want to read my nutty how-I-learned-I-past-the-bar story: http://lawschoolsuccessandcareers.blogspot.com/2012/09/a-crazy-and-unexpected-bar-results-story.html,) I was able to try cases and moved up to the Felony Division and then to the Sex Crimes Division.  From there, I left the office to pursue what I thought would be a more “lucrative” career in private civil practice.

Now, as I look back at my career in the King’s County District Attorney’s Office through the lenses of this new TV series, I begin to realize just how much I loved this first job out of law school.  I was thrilled to prepare cases and stand up and say “Philip Guzman for the People of State of New York, Your Honor.”

I left the DA’s office to move over to a Wall Street Insurance Defense firm that specialized in Products Liability stuff. “Interesting stuff,” I said to myself. Besides, I had convinced myself that “it was time” and that it was “the right thing to do” at this time in my career . . . “don’t be branded as just a “criminal lawyer” etc: That’s what everyone was telling me, anyway.

As I look back however, I believe that I perhaps made the wrong decision. I now feel that I shouldn’t have left as early as I did (just three and a half years into the job). I was enjoying my work, growing as a trial lawyer and found a great deal of satisfaction in what I was doing. There was always time to move on into civil practice. Maybe my career would have taken a completely new – and more satisfying – path if I had stayed. I could have become a Bureau Chief and supervised new attorneys (something that I have always found satisfaction doing). Maybe I would have had the time (I certainly would have had the expertise at that time) to write a legal thriller based on fast-paced criminal stories! John Grisham before John Grisham!

What’s the point in rambling on a little bit? ,. . .

. . . I would advice all law students and young lawyers considering career moves not to let Social Media, legal bloggers and other “gurus” on the Internet (yes, even in your Career Services Offices) to ultimately affect your career decision. Don’t move out of a position simply because someone is telling you that “it’s time (similarly, I advice students to not be swayed by negative media on going to law school if that’s what they really want to do).  Always check your “gut” first. What’s your heart telling you? Nine out of ten times, you’ll come to the right decision if you do! As they say in baseball (here I go again): . . “Sometimes the best trades are the ones that are contemplated, but not made!”

That’s not to say that one doesn’t search for and evaluate the good advice that’s out there coming from competent career counselors before making informed career moves. But once you have made a conscientious examination of your career goals and the things that make your bells and whistles go off when you wake up in the morning --- if  all signs point to staying put when people are telling you to move on – hang in there!

“Until you make peace with who you are, you’ll never be content with what you have.”
Doris Mortman,  author

Wednesday, July 17, 2013

WHAT LAW STUDENTS AND LAWYERS CAN LEARN FROM MARIANO RIVERA








Mariano Rivera has pitched for the New York Yankees since 1995. He has had an amazing career, compiling the highest number of “saves” (holding the lead for his team in the last innings of a game) in the history of the game. Year after year, he has done his job in workmanlike fashion. Never did you see his name in the papers in a negative light. Moreover, you never saw Mariano speaking derogatorily about a fellow player, sportswriter, or anyone else in particular. He just went to work, competed hard, but --win or lose -- always had a glad hand and a smile with those opponents he was trying to defeat.

Mariano is a humble man of faith who reached the pinnacle of his trade last night in his last All-Star game (he is retiring at the end of this season), when he stood out on the mound to a thunderous ovation from fans and players of both teams.

. . . What does this have to do with law school and/or lawyer-ring in general? The same grace and class in one’s profession applies to law students who are working their way to becoming lawyers. One of the things that I convey to my law student “charges” are that habits are formed early in a career. Mariano River never took shortcuts, worked hard and carried himself in a manner that all his peers could be proud of – many even used him as a role-model, mentor and example.

Do the same in your legal career. . If you are a “narcissistic jerk” in law school, you’ll probably be the same person as a lawyer. If you are “cutting corners” and telling half-truths to professors in law school, you’ll probably do the same with judges when you are a lawyer (if you make it that far!).

Finally, walk with class and don’t bad-mouth others (professors, classmates, other lawyers, staff, and your so-called friends). We live in a rumor filled, innuendo laced culture where no one bats an eye at using obscenity-laced tirades as we all “put down” individuals with whom we do not agree. . . Don’t . . Don’t!!

In the end, walk off your professional (and the one that encompasses your life's work as well) field with your head held high as the crowd cheers you on.  Make the legal profession as proud of your work as Major League Baseball is proud of all that Mariano Rivera has done for the game.

Tuesday, May 14, 2013

LA LAW -- The Reality Show: Tips for a Law Student's Summer Internship



On my first day of my Summer Law School Internship, I experienced my first “LALALand” culture shock when I entered the ramp leading to the entrance of the Santa Monica Freeway on my way to the Spring Street Courthouse and the Office of the U.S. Attorney’s Office. … Why were there traffic lights at the bottom entrance of the Freeway?? . . Am I supposed to stop at the entrance?!?. . What happens if I don’t?? . . . Will I get a ticket on my first day as a “Fed” clerk because I didn’t stop at the entrance? . Would I have enough money if I needed bail? Later that morning at the office, I was told by a fellow clerk that the lights were “an LA thing” that I would have to get used to.  One problem settled.

But there was more culture shock: what about the HUGH green signs designating the names of the streets as you approached the intersections throughout the city?? I’d never seen signs that were so big and so convenient to read (Remember, I was born in New York where the signs were either graffiti-ed over, or had been stolen years ago!). . . Oh, there’s more. . what about those  rather creative vanity plates like “CLNAIR,” and “DVUS4EVER?” Nothing quite that clever back in D.C!

At work, I was assigned as a “general” law clerk in the Criminal Division. My duties included reviewing pending files in search for missing documents; making phone calls to perspective witnesses; and, even calling and speaking with the defense attorneys on pending cases. My contact with the various attorneys was by far the most interesting work that I was doing. Their responses to my calls ranged from being solicitous and promising jobs after law school (“gotta keep the AUSA’s happy! …maybe my client will get a good deal if I treat this kind right!”), to rude (“you’re just a law student, what are you talking about?!!”). Some were even downright nasty. However, coming from New York, this kind of “back and forth” never fazed me. I’d heard it all already. . “FUHGEDDABOUTIT, people!”

I was happy and busy and worked hard. However, I did find time to "play" during the summer of my  summer internship. I went to both Dodger and Angel baseball games during my summer (the trek from Santa Monica to Anaheim was long, but all in a good cause – major league baseball). I also found time to go to many comedy clubs and was able to catch  Jay Leno in person (I thought I was going to die from laughter!). There was also the beach and experiencing lazy days in Venice just relaxing and taking in the boardwalk and the Pacific Ocean. All work and no play surely makes for a boring law student and future lawyer.

On Fridays, I would often be allowed to leave the office early with the hope of beating the traffic back to Santa Monica before “rush hour.” A word to the wise coming from the East: this is impossible to do if you got on the road anytime after 2:00pm in the afternoon. (Yes, I did say 2:00 pm). The Freeway is a complete parking lot on a Friday afternoon (probably any day of the week these days).

My big break came when I was asked to assist then Assistant U.S. Attorney Kathryn Ann Stoltz in a white collar crime case involving bribes for business in the airline industry (Ms. Stoltz later was named to the bench and went on to an illustrious career as a Superior Court Judge in Los Angeles). I don’t remember the specifics of the case as I was, for the most part, the clerk who transported the files and exhibits to the courtroom and only had limited (if any) exposure to the pre-trial preparations. I was able to sit in the first row of the court room and learned so much about trial procedure by simply being able to watch and assist from time to time. In this regard, I could tell that it was a “big” case.  Adding to the drama of the case was the fact that, at the time, AUSA Stoltz was pregnant and the office even had a “backup” team ready to try the case, should she not be able to do so.

Finally, on a beautiful sunny late July morning, it was time for the trial to commence. There is nothing quite like a federal courthouse courtroom. The huge eagle that usually rested above the judge’s chair gave the room an aura of majesty. You were truly in the “big leagues” when trying a case in Federal Court:



I can still scan the courtroom and see the two defense tables. There were multiple defendants and each one had a “team” of lawyers who all looked  like the lawyers pictured above from the “LA Law” television series of the eighties. Picture two tables of overachieving, well paid, Armani suited (all men) lawyers on one side.

. . . Then there was the U.S. Government represented by a pregnant woman, moving slowing into the courtroom, a youthful second chair, and a dorky looking law school intern bringing up the rear with a shopping cart filled with documents, exhibits, and files that the government was using to prosecute the case. . . It seemed so uneven. The U.S. Government looked so overmatched in this gunfight. You had to feel sorry for this uneven threesome, right?

Well, let me tell you, by the time AUSA Stoltz had presented her case-in-chief and got through with the testifying defendants on cross-examination, the case had been won! There was no reason even for the judge to even render the verdict. . GUILTY! Ring 'em up!

One defendant had literally been left weeping bitterly on the stand when AUSA Stoltz had finished with him and walked back to her seat at the prosecution table. If the trial had been a heavyweight prize fight, the defendants’ managers would each have thrown a towel into the “ring” before closing arguments! The immortal words of fighter Roberto Duran would have resounded through the court room – “No Mas!!!”). Great trial, great experience.




----- 
I had a wonderful experience in Los Angeles during my summer internship. One thing that I obtained that was helpful was a writing sample and networking contacts, including Judge Stoltz who was kind enough to provide me with a strong letter of recommendation which helped me (I believe) to land my first job out of law school with the Kings County (Brooklyn, NY) District Attorney’s Office.  Don’t leave your summer internship without having asked for the opportunity to do a legal memo, or without a list of networking contacts -- attorneys and judges who may be able to  help you with your career.

Students, make the most out of your summer internships this summer. Ask for work (especially research/legal writing kind of work! that will translate into a writing sample!), and make sure you get feedback from your supervisors as to the work you do. Finally, make those networking contacts – you will have them for a lifetime. Some of these people may very well be instrumental in making and/or changing your career and, thus, your life. It worked for me.

Post-Script
I’ve read that Judge Stoltz has retired from the being a full-time judge a few years ago. Wherever you are, Judge, I wish you well and please know that I so grateful for having worked beside a  real “pro.” You were kind, gratuitous and (oh yea!) tenacious in the courtroom. 



Tuesday, April 30, 2013

DO AS I SAY!! (WELL, NOT ALWAYS!): Should a law student send out a "bulk" Cover Letter??



                                          That's me and my law school buddy driving cross-country
                                          I' m behind the wheel. . do you like my hair? #Route66


When a law student asks for job search strategies for getting a job or internship, I usually say that the one thing that should NOT be done (for sure!) is to send out a “one size fits all” cover letter. Well, if I may step up to the confessional and kneel. . . I would tell you that I did EXACTLY that when I was a rising 3L applying for a summer internship.

Midway during my 2L year, I decided that I wanted to intern with a United States Attorney’s Office – any U.S. Attorney’s office – anywhere! I did want a position in the Criminal Division, but if offered one in a Civil Division, I would have taken it in a heartbeat. So I did the unthinkable – I sent a generic cover letter to over 50 U.S. Attorneys’ Offices throughout the country (during the years that I went to law school, most law students at Georgetown Law didn’t even know what Career Services was (like me), so I sure that I am not offending anyone in that current office by this admission against interest). . .

. . Low and behold – I got two “bites.” The U.S Attorney’s Offices in Los Angeles AND San Diego were interested! Yes, the only two offices that were the least bit interested in me were both over 3,000 miles away from my apartment in Washington, D.C!

After final exams, I gathered up what passed for traveling money that I had (it would be called “loose change” today) and with some added financial assistance by my parents, I boarded an airplane and flew cross-country for the final ‘in person” rounds of interviews with both offices (San Diego first, and then I rented a car and drove up through Disneyland and into the Spring Street office of the U.S. Attorney’s Office in Los Angeles).. Two weeks later, I received the letter that I had already become accustomed to the – “You have such absolutely off the charts stellar credentials that we simply cannot believe it!!!. . BUT, unfortunately we are sorry to say that we can’t hire you.” – letter.  However, a week later, my fortunes took an abrupt turn for the better as I received an acceptance letter for an summer internship with the U.S. Attorney’s Office in Los Angeles, CA. . Yes, indeed! . . off to lalaland!

I packed up my UN-air-conditioned Chevy Chevette (do they even make those things anymore?) and headed cross-country, arriving three and a half days later (having dropped off a colleague who was interning in Denver along the way). I was able to quickly sublet an apartment in San Monica from two guys who were sound engineers for the motion picture industry. One looked like Charles Manson and the other a young Michael Chang (probably Warner Brother guys) . Sorry Michael ( @changesq. ). but you know I care!)

I’ll share one trial experience that I had during this summer internship in Part II. For now, keep in mind that there are no strict rules that work for everyone in their search for summer and/or fall internships. While I STILL DON’T recommend “blasting” out generic cover letters, I do appreciate that all law students need to “think out of the box” and figure out for themselves new and innovative strategies to go out and get internships. Don’t just stare into your Symplicity screen and sigh because there is nothing available.

WATCH OUT FOR PART II OF MY L.A. INTERNSHIP:  . . . .BAG MEN, DEFENDANTS CRYING ON THE WITNESS STAND. . It will be better than an episode of “The Good Wife!”