What happens every 60 seconds in social media? A heck of lot more than I thought. Check out this infographic for some serious social media statistics.
What Drives Us To Do What We Do As Trial Lawyers?
I have often wondered why I chose a line of work where on any given day, even if I perform at the top of my game, there is still a significant probability that I will not get paid for my work, or worse yet lose money. In fact, some statistics show that my probability of failure in any given case as a lawyer representing plaintiffs, is greater than fifty percent. Not very good odds. I would actually have greater odds of success betting on a coin toss. This is the reality of being a trial lawyer. The interesting question is why would one choose this path as a lawyer? There are certainly easier ways to make a living than being a “trial lawyer” and a law degree can open a lot of doors to many different means of employment.
The term “trial lawyer” is used in many different contexts; however, as I use the term a trial lawyer is a lawyer who represents clients who have been injured by the negligent conduct of others on a contingent basis. In other words, a plaintiff’s lawyer or personal injury lawyer. Although I dislike the term personal injury lawyer and prefer not to refer to myself as one, this is generally the most understandable definition for people outside the legal profession. Representing clients on a contingent basis means that the client does not pay the attorney anything while the case is pending. A trial lawyer only collects an attorney’s fee and recoups expenses if a recovery is obtained for the client. In most cases, if there is no recovery for the client, the attorney does not get a fee and does not get expenses reimbursed. To put this in context, I am currently handling several cases that have expenses in six figures per individual case. No recovery in any one of these cases would mean losing several hundred thousand dollars. Very few professions have the stomach for this type of compensation arrangement. If you have any doubt about this, just try asking the businesses you deal with to accept this type of payment. You will find very few takers.
If you have a naturally risk averse personality, this business is not for you. If you do not have a very thick skin, this business is not for you. If you find it difficult to work under constant stress, this business is not for you. If you are not able to operate at a high level with minimal sleep, this business is not for you. If you enjoy the stability of regular work hours and weekends off, this business is not for you. If you want to leave your work at the office, this business is not for you. If you want to spend a lot of quality time with your family, this business is not for you. So why do we do it? What drives us to do what we do as trial lawyers?
Do we do it for the money? It is true that trial lawyers can make a lot of money. Many would even say way too much money. Even the lowest contingent fee in a product liability case is 1/3 of the recovery and most are at a much higher percentage. It is not hard to figure out how much a trial lawyer can make in attorney fees on a multi-million dollar recovery. While the reward for success is great in such a case, so great that it may explain the willingness to take such an enormous risk, it still cannot be the true reason why. Even the most successful trial lawyers, collecting seven figure fees, started out doing smaller cases and at times struggled to get by while their peers worked at “full service” firms and got a regular paycheck, spent time with their family and surely got a whole lot more sleep. If money was the motivator, most trial lawyers would give up some time during one of the inevitable dark times when every last dollar of credit was squeezed out of every last source of funding to keep the firm going until someone in the firm could settle a case or prevail at trial. This is something nearly every trial lawyer I know has experienced at some point in their career.
if not the money, could it be the characteristics of our personalities that draw us to this profession? I have been described over the years as rebellious, non-conformist, a risk taker, introspective, stubborn, arrogant, relentless and argumentative. I have always had a strong sense of what I think is “right” and a willingness to fight for it no matter what the odds. The longer the odds and more difficult the task, the greater the satisfaction I seem to enjoy if successful. Could it be because I am overachiever who has always been drawn towards goals that at times seem impossible to achieve? Even though I teach my children that it’s not whether you win or lose, but how you play the game, I don’t really believe it and certainly don’t live by it in my professional life. For a trial lawyer winning is everything and I would be lying if I said that I didn’t always want to win in anything I do, regardless of how gracious I may be in defeat. True, all of these characteristics, the good and the bad are helpful traits for a trial lawyer, but they can also be helpful traits for many endeavors in life. Although some of these personality traits may help explain how I have been able to succeed as a trial lawyer, they do not really explain why I choose to be one. A large part of what I have to do as a lawyer is in opposition to these traits. A certain amount of conformity, risk aversion, modesty, acquiescence and self doubt is often required to succeed as a trial lawyer in our system.
After some serious thought and soul searching, I have come to several conclusions. I speak for myself in this regard and do not presume to know all the reasons other lawyers have for doing what they do, but I suspect that my reasons are shared by many in my profession.
So why am I a trial lawyer? I am a trial lawyer because I feel deep compassion for people. Particularly people facing challenges and adversity through no fault of their own. I am a trial lawyer because I believe in justice and, despite its imperfections, I believe that our system can deliver justice for most people. A system where the most destitute individual with the help of a trial lawyer can stand up to America’s largest and most powerful corporations with the assurance that no matter how powerful the company, no matter how much money spent, no matter how many lawyers hired, no matter how may lies told, no matter how many obstacles erected, that one day they can stand equally before the law and hold even the most powerful and influential among us accountable for their actions. I am a trial lawyer because, without us, who will stand for the powerless against the powerful in the face of what sometimes feel like insurmountable odds.
If not us, then who? If not now, then when? I am a trial lawyer because I believe that being a lawyer and standing up for the principles of justice upon which our country was founded, often at great personal risk, is something bigger than myself and truly deserves to be regarded among the most noble professions. I am a trial lawyer because there is no greater satisfaction than helping those who cannot help themselves have a better life, a better future, hope and even happiness in the face of unimaginable physical and emotional challenges. That is why I choose to be a trial lawyer.
What’s This Etiquette Everyone is Talking About?
I’m a member of several listservs regarding the legal industry along with Records and Information Management. Recently on one of the lists a conversation has been struck up regarding proper etiquette for use of cell phones and tablets during presentations and meetings.
The responses fell into two distinct groups (as one would imagine) of being for the use and for being against the use.
I call this schism a generational gap.
I’m 29 years old and I have the job I have because I’m in tune with all things technology and because I have a deep passion and need to make all things organized. This suits me perfectly to the role of Director of Information Management here at Sullivan, Morgan & Chronic. It also puts me in a vast minority in this field being an under-35 professional in charge of all things Records and Information for a law firm.
Where I’m getting with all this is that I come of a very different generation than my peers, many of whom are at least ten years older than me and most of whom did not grow up with computers, cell phones, etc. My generation is simply different. We view work and play almost as the same thing.* Being of my generation also means that I’ve grown up a natural multi-tasker. I simply never sit doing just one thing. It’s almost impossible for me to do so.
*Achievement based incentives is an idea that’s been around in the workplace for several years now and is similar to unlocking achievements while playing video games or checking into locations through FourSquare. Quite simply the employer is giving almost worthless “badges” for meeting certain benchmarks, but employees of my generation love this as we look at it as we’re “beating the game.”
Being a natural mutli-tasker means that while it may appear I’m not focusing on one certain thing, I really am. I have the ability to send email, talk with a co-worker and see what’s coming across my computer instant messaging all at the same time. Frequently during meetings and seminars I am listening to the speaker, taking notes on a laptop or iPad and monitoring office email with my phone. Almost everyone of my age does this, especially if they are in an information driven industry as I am.
Most people will view this behavior as rude or off-putting. While I’ll disagree completely, I will say that there are certain guidelines that everyone should follow, including notorious multi-taskers as myself:
- If at the beginning of a meeting the host asks everyone to turn off cell phones, you do so and respect their wishes.
- Doing non-essential work while multi-tasking during a presentation (for example, browsing personal Facebook & Twitter accounts) is generally a no-no.
- While multi-tasking be observant of the people around you. If it seems that people are distracted or bothered by your activities, scale it back or simply move to a more discrete location.
What all this boils down to is that my generation doesn’t want to waste time. Why sit there and do only one thing at a time when I can accomplish three tasks in the same span? At this moment while I’m writing this blog post I’m also migrating data for an upcoming case, sending emails between co-workers, and finalizing an update to our Retention Schedule.
So there you have it. My side of this great story and one that hopefully makes sense to everyone out there. With all this in mind, please remember the next time you are getting irritated at someone for “playing on their phone” during a presentation, understand that they might be doing actual work at that time. However, all multi-taskers should keep general etiquette and respect of the speaker and audience in mind. It’s just good business.
What Are Your Legal Records and Information Management Resources?
With the creation of this website I’ve struggled with two things: Maintaining a writing pace that creates new content three to four times a week (some weeks are definitely better than others) and finding new sources out there that keep me informed and up to date with the latest and greatest in our field.
The first problem is simply a matter of persistence and understanding I have to do what I have to do. The second is much more complicated as it’s difficult to weed out good sources from the bad. Additionally, since this is such a niche market I usually have to look to more generalized forums and then find the specific information I’m looking for.
In the spirit of transparency I’m going to share with you some of my most favorite resources. Note, these aren’t all Records and Information Management specific, but at some point in time they have all given me insight or help with a particular problem or post. With this list in mind, what are some of your go-to resources? What are your favorite blogs, news sources, Twitter users and LinkedIn groups to be a part of? Feel free to comment below and help create a larger network of information for everyone out there!
Generally Accepted Recordkeeping Practices Maturity Model
One things I’ve been talking about in the past few weeks (and will continue to do so, principle by principle) is the GARP maturity model. This handy-dandy chart outlines all the necessary guidelines for achieving recordkeeping nirvana. It’s a great tool to have and any Records and Information Management professional should have this chart posted somewhere in their office. Soak in all the knowledge and try to determine where your company currently is and where you want to go. (For a better scaled, full-size PDF visit ARMA’s website here.)
It’s About Time Mr. President! Obama Instagram Supporting Gay Marriage, Or Equal Rights As I Like To Say
Why be subtle? President Obama’s Instagram tells you everything you need to know. It’s about equality, inclusiveness, tolerance and acceptance. That is what the United States of America is all about, isn’t it? Yes Mr. President, it is a PRETTY SIMPLE PROPOSITION.