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We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

Two hundred and thirty four years ago, our nation was born of a vision: that Government must protect our inalienable rights to life, liberty and pursuit of happiness and when Government fails to do so, the people have the right to abolish it.  Memorialized as the Declaration of Independence, the Founders’ vision still guides our nation today.  In today’s business jargon, you might say that Declaration of Independence is the world’s most successful mission statement.

Notably, the Declaration of Independence doesn’t offer much in the way of details on how to create a government that would protect the rights of the people. The nuts and bolts would come later, in the Federalist Papers and then the Constitution. The Founders’ vision, eloquently stated was enough — not only to start but to power the new nation through the years of war that followed.

Often, lawyers, currently unhappy in their circumstances, think about starting a firm, but get so caught up in the need to have a business plan or a foolproof system that they’re deterred from starting at all.  After all, unless you can get yourself to make a start – to proclaim your independence – there’s really no need to create a business plan for a firm that you might never build.

Moreover, with all of the obsession over details, lawyers forget what brought them to the legal profession to begin with: a desire to serve clients, solve problems, make precedent, change the way lawyers practice or do justice.  And yet more than anything, it’s that vision of why being a lawyer matters that will keep you going through the salad days.  And as the Declaration of Independence proves, maybe even as long as 234 years.

Happy July 4!

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In anticipation of a trip up to Ithaca, New York (more on that later) where I attended law school and studied for the bar exam, I decided to take another trip down memory lane and rifle through an old box of writings from that time in my life.  I uncovered an essay that I’d written, long forgotten, entitled Postcards from the Bar Exam, a collection of humorous reflections about the utility of the bar exam.

Though I wrote the piece 22 years ago, much of what I wrote remains timely and I wanted so share my blast from the past with recent grads now prepping for July’s exam.  After a shout out on Twitter in search of a law student blogs that might publish my piece, I found Keith Lee, a 3L at University of Alabama, Birmingham who authors An Associate’s Mind.  Keith has cleverly serialized my “postcards” for his blog, with the first installment up here.  To get you started, here’s the opening paragraph:

This summer as I study for the bar exam, I can’t help but think of my contemporaries, the graduates from various professional and undergraduate schools who are spending their summers cavorting through Europe. Oh, how I envy them, healthy and tanned, hopping cross-continent from London to Paris to Rome savoring every highlight, while I, plow bitter and frustrated, slog from Contracts to Property to Criminal Law; where the only highlights worth savoring are my pale pink and chartreuse fluorescent pen markings which cover my endless pages of notes. Yet, in its own perverse way, the bar exam is like a European holiday.  And I’ve jotted down some postcard notes to make myself believe it even more. [read more]

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In the context of $201 million in legal fees,  a superfluous $1600 charge — for a fancy dinner and reading a newspaper article — is chump change, something that wouldn’t have registered a blip on the client’s radar screen but for this New York Post article.  Yet while the monetary value of the $1600 charge may not be great, the symbolic value is enormous because it stands for everything that’s wrong with the way that biglaw bills clients.

First, a bit of background.  A few days ago, the New York Post ran a story on the “legal billing blitz” stemming from Ground Zero worker lawsuits.  According to the report, firms like McDermott, Will and Emery and others hired to represent the City owned WTC Captive Insurance Company, ran up a “blizzard of charges” totaling $201 million, including items like:

$409: Call to Captive CEO and “read article in New York Post.”

$1,252: Dinner for eight at Giovanni Ristorante in Midtown after court hearing. [click to continue…]

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More on Niche Practices

by Carolyn Elefant on June 30, 2010 · View Comments

in Practice Areas

I’ve written extensively on niche practices all over this blog – but I’d never presented on the topic until a few weeks ago, at the Missouri Solo and Small Firm Conference.  It’s a popular topic these days- as I noted in this post – and I also see that Peter Olson at Solo in Chicago is discussing niches as well.  Anyway, here’s my slide deck from the presentation – let me know if this explains the niche concept for you  – or if you’d handle this topic another way.  And do you have a niche?  If so, how’s it working for you?

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As promised, I’m back this week with an interview look for all the guys out there [The post on woman's look is here]. Men have it easy compared to women: they don’t have to ponder the great Pantsuit v. Skirtsuit conundrum, which certainly proved to be a problem for at least one reader last time. (Hint: don’t like skirts? Wear pants. It’s that simple.) No, men don’t have to worry and fret about the hidden meaning and ramifications of sporting a skirt suit until they froth at the mouth: all they have to do is show up wearing pants.

Now, I don’t want to ruin it for anyone, but I suspect it’s not a huge secret at this point that the suit is the crucial part of the interview look. The right suit must convey the right look, without being too distinctive. You hardly want to be remembered as the guy with the monstrously huge shoulder pads or the tie so loud that you’re violating local ordinances.

There are tons of options for guys’ suits in lots of different qualities, but I want to hit on the main things you should be looking for.

[click to continue…]

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Whoosh, They’re Gone

June 27, 2010 by Carolyn Elefant

From the moment that my first daughter and then her sister were born, I steeled myself for the day that they would grow up and leave.  Yet their departure came sooner than I imagined:  at 8 am this morning, to be precise, when my husband and I dropped them off at the stop for the [...]

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Should Lawyers Post Video Testimonials From Clients?

June 23, 2010 by Carolyn Elefant

Don’t get me wrong — I’m an unabashed fan of video for lawyers.  As I’ve said many times, most recently in this presentation, video satisfies Internet users’ craving for intimacy, as well prospective clients’ natural curiosity to get a peek at the lawyer behind the online presence.  Likewise, I’m also believer in the persuasive power [...]

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What a Niche Law Practice Is (Pot Law)…And What It Is Not

June 21, 2010 by Carolyn Elefant

One of my solo-centric colleagues, Susan Cartier-Liebel of Solo Practice University is running a two-part series on niche practice over at her Build a Solo Practice blog, so I didn’t want to send you into niche-overload.  But I after seeing this article from the National Law Journal on “pot law practices,” I couldn’t resist.  Though [...]

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MyShingle Fashion: Dressing for the Job Interview (Ladies)

June 21, 2010 by Carolyn Elefant

Editor’s Note: Why a column on dressing for interviews for a solo & small firm practice? For starters, solo and small firm lawyers do interview – and hire law students – and how you dress matters because it helps us assess your judgment. Second, as a solo, particularly, someone who handles business [...]

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Welcome to Huma Rashid, MyShingle Columnist on Fashion for Solo & Small Law Practice

June 21, 2010 by Carolyn Elefant

Anytime I hear a solo or solo-to-be say something like “It’s my law practice and I’ll wear what I want,” I cringe.  Because your law practice isn’t about you, it’s about clients – specifically, what puts them at ease and what will produce the best possible results.  As lawyers, the litmus test for fashion whether [...]

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