In a Room of 200 Attorneys at a Bar Conference--Only Two Had Ever Been to Court or Trial!
I think the best advice I ever got from an attorney boyfriend, who could not get a firm to hire him, or a job, was that he just finally hung out his shingle, and decided to go it alone as a solo practitioner. He said he drove the judges, other attorneys, bailiffs and the court recorder crazy with his lack of experience, and the need for them to actually give him and hand with procedure, writing and trial practice . . . and he was the better for it. And, yes, he looked like a fool in court, but hey, you have to learn somewhere, so might as well jump in and either sink or swim. That resembles the way my father taught my brother to swim, he took him by the leg and arm, and hurled him into the deep end of our swimming pool, where we lived at the time, in Northridge, California. And, by the way, he did swim, learned rather fast, shocked and gasping for air, but loving the water and taking to it like a fish!
One day, I was standing out in the hall, at Brock & Associates, in St. George, Utah, discussing some trial tactics with a client, when a tax attorney, who over heard my conversation outside his office, leaned out and said, are you a trial attorney, and do you actually go into court, and that would scare me to death! I was equally amazed, thinking that all attorneys like trial work, dream of joining a big firm and finally making partner, so they could fast track it into the courtroom scene . . . not so. There seems to be divisions of lawyers, those who dig bull shitting their way through the court system, rarely doing much paperwork, leaving most of that to their legal assistant or secretary, paralegal or junior partner. Then there are those paper pushers, who dig writing, briefs, transactional work, like contracts, real estate, securities, patent law and such. There are attorneys who specialize in appeals work, like going to the Courts of Appeal, or the Supreme Courts, either state or federal.
So, if you are tentative and afraid of actually speaking up in court, you are not alone! And, it has been found that one of people's top fears, is public speaking! So, public speaking with a purpose, or a legal situation can even be more intimidating, with so much resting on the outcome of the case; however, pro se litigants have won seasoned attorneys, to the embarrassment of the attorney, who most likely under prepared, and thought is was an easy win, only to find out that regardless of the weaknesses, the court room errors, and the lack of knowledge, the jury, or the judge believed the person representing themselves. And if I remember from reading the rules, judges are to be lenient with people representing themselves and to give them the benefit of the doubt on a close call. So there are several things working in your favor.
Good Sam Laws Protect Doctors Who Assist Someone Outside the Normal Arena, Like Finding Someone Who Was Just In an Accident . . . there Should be Good Advocate Protections for Attorneys Who Help People
I try to help everyone I can with legal issues, I look at my license to practice law as a license to serve! The second someone finds out I am an attorney, the next thing out of their mouths is, what kind of law do you practice, and can you help me in California, got that last night, while on a shuttle between Salt Lake City, Utah and Rexburg, Idaho. I help people checking out groceries in a store, the waitress, the neighbor, friends and others, not in the normal retained manner, with a contract for hire, and usually free of charge! In fact, over 75% of my practice, even at the height of practice was pro bono or free. I had several regular paying clients, and large retainers, that came in often, and that allowed me to carry the rest of my clients free, and what a blessing to many. I found that the people with the best cases, usually had been injured the worse, or had the most notable and warranted issues, that needed addressing.
I found it appalling, that often, people looked at the glass half empty, rather than the glass half full, getting literally hundreds of free legal hours, and without paying even a minimum amount, not even travel expenses, but expecting $250 per hour service for nothing, or the bar wanting to hold you to the same standards as if the client had professionally retained me, rather than me just helping as much as time, energy and effort would allow . . . they, the client, the bar, and other attorneys, thought that a pro bono client, unofficially retained, with me just volunteering to help, under duress, at times, but doing the best I could, coaching them, helping them here and there, and with many having great outcomes to their cases, even trials, taking the bull by the horns, once I got them over the hill, to smooth sailing, or when I saw that I might be doing more damage, rather than good, with professional jealousy, rivalry, or what not, or just getting too busy with paying clients, that I had to take care of to pay the electric bill . . . just one of those realities of life, that make you prioritize cases!
Dentists & Docs will Say that Welfare Patients are the Most Demanding . . . Now I Know the Legal Equivalent, This is not the Way to Win Legal Assistance, and Influence Attorneys!
And, at times, the freebies getting mad, not appreciating the free work, and expecting me to do a stellar job, worth normal billing prices, or getting pissed when I would tell them, my way or the highway, if they are wiling to pay me $250 per hour, they can call the shots, but if my name is on or connected with their case, and I am getting nothing but a win, and the satisfaction of helping win, with just a little coaching, then, things will be done my way, and I tell them before I start, that they will be abused by me, I promise that! I never had time to pussy foot around! One woman, actually had her daughter pick me up from Helena, bring me to Kalispell, ruin my summer plans to help her, and after me working, writing about a 27 page brief, she wants to quit, take a nap, a bath, and I refused to even let her take a break to go to the bathroom! I was like a horse to water, racing to the finish line, and didn't want to stop, until we were done!
Rather than being grateful, thanking me for my time, work, and surprise court appearance in the Matter of the Estate of Dorothy Darrow, she, took the second brief, copied it, with her name and contact information, taking my notation that I was coaching her, adding my name, as a member of the U.S. Supreme Court Bar membership, a cut above the rest, taking credit for what I did, and then treating me as if a stranger, or as if someone else did the work, or that she actually did the work herself, acting cocky and different. Fucking amazing! Of course, like ABC, my double, follows me around, client by client, friend by friend, stealing my work, and either giving the person I helped the credit . . . I am a legal fiction, or someone other than myself, gets to play role me, and take the credit for superior work, better than most of your average attorneys, including the one, I humiliated with the law in this case!
There are six or seven things the Lord hates, and ingratitude is number one! I have had clients that have had to hire, and seem to do so easily, another attorney, after my free services end, due to necessity, having to pay $250 for inferior service, loses, and even a increase in time served by their daughter, who was actually originally sentenced to 6 years, with likely 3 years time served, ending up with a new trial, and a sentence of 15 to life, so, who do you think they are mad at, you got it, the attorney who worked an entire year, carrying the case, even after they stopped paying me anything, hired a new attorney, against my wishes, on a civil rights case of first impression, not your average, case, where the client can hire and fire at will, but actually, in a hostile effort, stole a very hot, unique case, politicking and hoping to get a cut of the deal and the action for the new attorney, who they were paying $250, and I guess I am to blame for their daughter's new trial, and worse outcome? I don't fucking think so!
Read, Read, Read
You can't expect to take your case, write briefs, or do paperwork, go into court, and not ever read anything about what you are doing. At the time I was practicing 22 hours a day, in about 5 states, and a case load to rival a small firm, myself, my sister, Shelley, was working on mortgages or refinancing, and even helping and assisting people to take their cases pro se . . . sometimes crossing the line between help and practicing law without a license, which she was dinged for or looked at by the bar for doing, until the bar allowed her to practice law without a license and held me responsible for her work! But, often, she would ask me questions about procedure, forms, briefs, rules, laws, ethics, etc., and in passing, I would, say, do what I have to do, get out the rules and read! Do just what I have to do, to know, what the hell to do! The law is no mystery, but it is a hell of a lot of work!
At the time I did the original complaint on the Brock, securities case, I was handling 521 pages of evidence, a 39 page brief, learning 281 federal rules of procedure, and learning the federal district courts e-filing system, and including writing the brief, had less than 24 hours to do it all, at the request of a client, who I had been trying to get to give the go ahead for two solid months, after learning that the state financial planner association was planning on stealing my bar complaint about the attorneys involved, and filing a class action suit, had me, after driving to Salt Lake City, meeting with Chuck, the president, driving, meeting with Hank, late on my birthday, December 17th, nonetheless, and having him tell me, he wanted me to sleep at his office, giving me a blanket and pillow, demanding it be filed by 3:30 p.m., on the 18th! I made the deadline, but learning the e-filing system took until 5 p.m.!
Anyone dealing with legal issues, has to read, read and read more! But remember, knowledge is power!
Warning Women, Attorneys & Pro Se . . . Don't Let Them Scare You Out of Court!
As the only female attorney, I ever saw, while practicing law in Southern Utah, other than the female prosecutor, who worked part-time, I found out, and had personally experienced years before trial work, that there seems to be a local practice by male judges and bar members, that the first time a woman has an appearance in court, she is likely to be taken in the back room and verbally beaten, abused, and battered by the judge, who will tell her that her performance in court was lacking, and that is putting it mildly! Shelley had a mortgage case, and a female, whom I was sure, I thought I might have seen outside of court one day, talking to a client, come into court, with her mother, and I said, didn't I see you, working with a client? And aren't you an attorney? And why aren't you representing your mother?
She bowed her head, and said, yes, I was an attorney, but the judge told me how bad I did in court, and I decided to just teach college! Sorry to say, that is the plight of the weak at heart . . . law is not for the timid, frail, or easily discouraged! I have heard this from many women, and with over 51% of law schools female, why in the hell are the courtrooms, still almost all male? I interviewed with a judge down in Las Vegas, between my first and second year of law school. While I was waiting outside to meet the judge, several female lawyers, working in Clark County Prosecutors Office, happened to mention how sexist the judge was, and how he would ask very sexist question, leaving many job applicants, coming out of his office crying! They told me some of the question, like are you planning a family, and such. I said, well he can't ask those type of questions, it is none of his business, and doesn't have anything to do with a summer internship!
When I walked in the judges chambers, there were pictures of golfers on the walls, a bright fun office, so the judge and I had an entertaining and light exchange of golf game horrors, leaving both of us comfortable and at ease, until he started the interviewing process. One of the first things he asked me was, do you have a family? Yes, I have 4 children. And who is going to take care of your children while you work? I said my ex-husband. And to my shock and dismay, the interview abruptly ended! I walked out looking at the female attorneys who warned me, and said are you kidding me, like there are not single dads out there who he would never inquire as to whom he was expecting to watch his kids, while he did an internship! So, be tough, calm, stay your course, fight hard, represent your position and don't back down! Remember, stand your ground . . . doesn't just apply to physical self-defense!
Have Fun With the Law, the Other Attorney, the Judge--TNT When I Go to Court! I Heard You Were the Best Attorney . . . in Parowan! LOL!
I responded, I am probably the only attorney in Parowan! The ironic and funny thing about this situation with a partner from the state of Utah's second largest firm, Parson Bailey Latimer, is that this Richard Geer, looking attorney, in his thousand dollar suit, Italian Shoes and matching leather brief case, perfect teeth, spiked up hair, was that, while he had read my Brock and Cheek case briefs didn't send the female attorney I had been talking to on the phone, as most law firms will make you earn your stripes, for about 20 years, before allowing you to go to court, so this woman assured me that one of the partners would see me in court, rather than herself . . . whatever. I am one attorney, who is not impressed with making partner, all the trappings of attorney, dress for success, because, once you have made it, no one gives a rat's ass what you wear, nor should they ever! And here is the rest of the story . . .
So this is on a child custody issue, involved in a big divorce case, with a ton of money, property, businesses, and such involved . . . me and about 6 other attorneys in the case are all sitting talking before court, Mr. GQ, comes up, making an entrance, gunning only for me, many firms paid to read my briefs when they hit the e-filing system at the federal district court, and they knew my cases where hot, fun and challenging, so it was obvious to me, I was the one he was worried about, in the crowd of attorneys. Being a lawyer, male or female is all about posturing, psyching the other attorney out, bull shitting the court and the jurors. So, this guy is getting an early start, testing me before court, summing up his enemy. I am not worried, don't play attorney games, I just know my stuff! And I am not impressed by material trappings!
Dude is Assuming I Was Born Yesterday, And Just Got Lucky With the Brock & Cheek Cases, Both with Nationwide Readership--Failed to Realize that I had 7 Years of Practice Under my Belt, Award Winning Manuals, 3 College Professorships, Etc. In Other Words, He, as Most Males, Underestimated Me!
The first issue before the court, touches on domestic violence, now the judge recognized me from her early days, and my expert days, training cops, prosecutors, judges, social workers and community members, and she is just waiting for me to capitalize on my strengths . . . well, your Honor, in the manual I wrote on domestic violence and sexual assault, getting an award from President Clinton, under the Violence Against Women Act . . . blah, blah, blah. In my peripheral vision, I could see my client's wife, who just found out that I traded her husband attorney's fees for automobile repairs . . . they owned a prosperous auto body shop, glance at her attorney, like I am paying you $350 per hour, and he is getting it for car repairs! It gets worse.
The next issue that rises out of the Wheel of Fortune game is the fact that my client has a DUI . . . well, your Honor, as a former assistant attorney general, who represented the DMV, or Driver Motor Vehicle Division of the state, handling 270 cases, statewide . . . blah, blah, blah. With each revelation of my past life as an attorney, prior to the 8 year hiatus for the government poisoning, or terminal brain injury, sent fear in the eyes of my opponent, as he got smaller and smaller, and his client was becoming increasingly more pissed off, while I am listing all my qualifications, to not only understand the issues, but devour my opponents brain whole! Tootsie, who may have hired Mr. GQ, was squirming, acting bothered, while her high priced attorney, was doing everything but put his head in his brief case, expensive as it was . . . magical chambers to make you disappear as in a magician's show, perhaps? LOL.
My usual custom is to shake the opposing counsel's hand after slaughtering them, rubbing in the unexpected defeat. But this shattered and fragile ego, of this senor partner, still young, and years younger them myself, buried his head, up to his shoulders, giving me plenty of symbolic attestation, that he had no interest in shaking my hand, all to the exasperated cries of his client! I love the law! By all means have fun, take advantage of the fact that men will underestimate you, makes it even more fun to beat them at this allegedly male profession, still, or is it? LOL! Like I would tell my pro se clients who had to go to court without me at times, when I was too busy, Rip it up, tare it up!
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