Law Students, Lawyers, Paralegals, and Legal Professionals Thread

[rconverse]

Originally Posted by M. Steng

Is this a serious question? No fucking thank you.

I mean, it was a serious question.

Obviously much different from the type law you're currently practicing.

[M. Steng]

Originally Posted by rconverse

I mean, it was a serious question.

Obviously much different from the type law you're currently practicing.

Out of all the areas of practice, criminal law is right up there with family as my least favorite. Thankless work, shitty clients who don't pay you...from what I understand unless you're a high profile criminal defense lawyer then it's a pretty miserable existence.

[YouNeverKnow25]

Not to mention he has no experience base whatsoever in criminal law.

It’s like when George told jerry he wanted to work in sports, and says “you know, like the general manager of a baseball team”

[rconverse]

Yeah, but he's young and, at least, a lawyer.

George was going from Kruger Industries to the Yankees.

[M. Steng]

Originally Posted by YouNeverKnow25

Not to mention he has no experience base whatsoever in criminal law.

It’s like when George told jerry he wanted to work in sports, and says “you know, like the general manager of a baseball team”

I actually interned in the state prosecutor’s office the summer between 2L and 3L, but that was more because I had a connection there than anything. I would certainly not consider substantive experience but I’m not 100% green on crim.

Although it’s competitive, my understanding is that it isn’t super difficult to become a prosecutor if you have any in court experience whatsoever, at least in CT.

[rconverse]

I have plenty of crim trial experience, so you could always use me as a resource.

[rconverse]

Originally Posted by M. Steng

Out of all the areas of practice, criminal law is right up there with family as my least favorite. Thankless work, shitty clients who don't pay you...from what I understand unless you're a high profile criminal defense lawyer then it's a pretty miserable existence.

I have no idea what you're talking about.

[RSSR]

To the lawyers here, or those going to be lawyers in three years, should the ESA be gutted according to what Trump wants?

[YouNeverKnow25]

I have no idea why that question would be directed at attorneys/law students??

[Cscottrun]

Is anyone here familiar with malpractice insurance? I am switching firms and I want to make sure I'm covered both during my time at the old firm and obviously the new firm and I'm having trouble understanding how malpractice insurance works.

[M. Steng]

Originally Posted by Cscottrun

Is anyone here familiar with malpractice insurance? I am switching firms and I want to make sure I'm covered both during my time at the old firm and obviously the new firm and I'm having trouble understanding how malpractice insurance works.

My understanding is that you're automatically covered under your firm's insurance as long as you're doing work for the firm. What specifically are you not understanding about the arrangement?

[Cscottrun]

Originally Posted by M. Steng

My understanding is that you're automatically covered under your firm's insurance as long as you're doing work for the firm. What specifically are you not understanding about the arrangement?

My understanding is that it's not at all that simple. My new firm's malpractice policy may not cover malpractice claims against me stemming from work done at my old firm.

[M. Steng]

Originally Posted by Cscottrun

My understanding is that it's not at all that simple. My new firm's malpractice policy may not cover malpractice claims against me stemming from work done at my old firm.

Well, then your old firm's malpractice insurance should. Not sure what the issue is?

You're acting as an agent/employee of your firm when you do work for that firm, absent an independent contractor agreement. If you worked on a case at your old firm, even if you leave, you still did the work there.

Same principals apply to all areas of the law. Can't tell you how many cases I have where truck drivers no longer work for the corporate defendant, yet are still named as defendants and covered under the company's policy.

[Cscottrun]

Originally Posted by M. Steng

Well, then your old firm's malpractice insurance should. Not sure what the issue is?

You're acting as an agent/employee of your firm when you do work for that firm, absent an independent contractor agreement. If you worked on a case at your old firm, even if you leave, you still did the work there.

Same principals apply to all areas of the law. Can't tell you how many cases I have where truck drivers no longer work for the corporate defendant, yet are still named as defendants and covered under the company's policy.

Take a look at this: https://www.thebarplan.com/the-risk-...ing-law-firms/

And this: https://www.youtube.com/watch?v=vjJ5oWWDA4w

Malpractice insurance is different as it is a "claims made"

[M. Steng]

Originally Posted by Cscottrun

Take a look at this: https://www.thebarplan.com/the-risk-...ing-law-firms/

And this: https://www.youtube.com/watch?v=vjJ5oWWDA4w

Malpractice insurance is different as it is a "claims made"

Be that as it may the likelihood of you being named as an individual defendant is low in my experience.

Are you concerned that you've been committing malpractice, or something?

[Cscottrun]

Originally Posted by M. Steng

Be that as it may the likelihood of you being named as an individual defendant is low in my experience.

Are you concerned that you've been committing malpractice, or something?

Lol, no not at all (at least not to my knowledge), but the idea of not having insurance having worked on hundreds of real estate contracts where millions of dollars are/have been exchanged and minuscule things matter is kind of scary to think about.

I assume based on your response then that most attorneys don't buy tail coverage when they leave their previous firm? This is my first lateral move so I'm not sure what is "standard".

[M. Steng]

Originally Posted by Cscottrun

Lol, no not at all (at least not to my knowledge), but the idea of not having insurance having worked on hundreds of real estate contracts where millions of dollars are/have been exchanged and minuscule things matter is kind of scary to think about.

I assume based on your response then that most attorneys don't buy tail coverage when they leave their previous firm? This is my first lateral move so I'm not sure what is "standard".

I've switched firms twice and never even considered it (though by the sounds of it I'm a lot dumber/less concerned about these sorts of things than you )

It sort of just seems to me to be something that insurers do to scare folks like you into thinking it's an absolute necessity. If you're dealing in fairly form transactional type work like real estate contracts then I wouldn't sweat it. If you were representing high-end matrimonial clients I might have a different answer for you. Those are the types of folks you need to worry about suing you individually.

[Cscottrun]

Originally Posted by M. Steng

I've switched firms twice and never even considered it (though by the sounds of it I'm a lot dumber/less concerned about these sorts of things than you )

It sort of just seems to me to be something that insurers do to scare folks like you into thinking it's an absolute necessity. If you're dealing in fairly form transactional type work like real estate contracts then I wouldn't sweat it. If you were representing high-end matrimonial clients I might have a different answer for you. Those are the types of folks you need to worry about suing you individually.

I was kind of getting the feeling that this was a scare tactic. The prices they charge for tail insurance (so that I'm still covered for acts at my previous firm) are outrageous.

[M. Steng]

Originally Posted by Cscottrun

I was kind of getting the feeling that this was a scare tactic. The prices they charge for tail insurance (so that I'm still covered for acts at my previous firm) are outrageous.

If I were you I wouldn't worry about it.

[cry_minarets458]

sorry to hijack this thread, but i have a legal plan through my employer that i only participated in this year so I can get a will written up through its services.

is there a good resource online about wills and estate planning (or even if that's the same thing) that is good reading material so i know what i'm getting into? my life is pretty simple I think, so it should just be a cookie cutter type of will. but i want to make sure that it's covered well, as I don't want to renew this plan for next year lol. if any of the law professionals here have a good, vetted resource that I can read through, I'd be appreciative. thanks

[TimHonks]

Originally Posted by cry_minarets458

sorry to hijack this thread, but i have a legal plan through my employer that i only participated in this year so I can get a will written up through its services.

is there a good resource online about wills and estate planning (or even if that's the same thing) that is good reading material so i know what i'm getting into? my life is pretty simple I think, so it should just be a cookie cutter type of will. but i want to make sure that it's covered well, as I don't want to renew this plan for next year lol. if any of the law professionals here have a good, vetted resource that I can read through, I'd be appreciative. thanks

I'm sure there are better answers than this, but LegalZoom can help - especially for normal/basic type stuff.

Edit: It would help you get access to those services better than reading material. Should have kept reading.

[YouNeverKnow25]

Originally Posted by cry_minarets458

sorry to hijack this thread, but i have a legal plan through my employer that i only participated in this year so I can get a will written up through its services.

is there a good resource online about wills and estate planning (or even if that's the same thing) that is good reading material so i know what i'm getting into? my life is pretty simple I think, so it should just be a cookie cutter type of will. but i want to make sure that it's covered well, as I don't want to renew this plan for next year lol. if any of the law professionals here have a good, vetted resource that I can read through, I'd be appreciative. thanks

use the service itself to get that information. if the service doesn't provide support to what it's providing, it isn't worth a damn anyway; go to an attorney that counsels you on what you're doing before you do it. most attorneys charge a flat fee for regular wills anyway, counseling included.

[cry_minarets458]

ok, thanks everyone

[rconverse]

https://globalnews.ca/news/6410948/t...VZVmpV9IE9J3ZE

“Respondent and counsel have proven themselves to be cravens for refusing the answer the call of battle,”

[Cscottrun]

So California lowered the passing score of its bar exam because of the pandemic. I’m not sure how I feel about that.

https://timesofsandiego.com/politics...-bar-exam/amp/

[YouNeverKnow25]

eh I think it's fine. I'd be interested to see how many failed in that range in the recent past.

[M. Steng]

The bar exam is fucking stupid and should be phased out, anyway.

[Cscottrun]

Originally Posted by YouNeverKnow25

eh I think it's fine. I'd be interested to see how many failed in that range in the recent past.

I never had to do the remote learning thing during law school for a semesters length but I did have some experience with it after Hurricane Sandy. Never really felt like it was an obstacle. I never participated in class unless I was called on anyway so watching a video (whether live or pre-recorded) did not bother me at all. Any questions I had were always addressed either by email or in person after class or during office hours (in my opinion, a phone call would have been just as effective).

My entire bar prep course was taught with pre-recorded videos. Never had any problems. Questions were answered via email. I guess I’m just having a difficult time empathizing with the pandemics influence on learning.

I do, however, recognize that some people are more comfortable learning in person or may have gotten sick or had their lives affected by the pandemic in more ways than just having to learn remotely...still not sure if the answer is making the exam easier to pass though but at least in those situations I understand the justification for it.

[Cscottrun]

Originally Posted by M. Steng

The bar exam is fucking stupid and should be phased out, anyway.

Agreed. A residency would be far more effective, or maybe splitting the exam up into more specific smaller tests...

[YouNeverKnow25]

hey so not to plug, but if anybody is looking for a free CLE hour (AZ, CO, FL, IL, KS, MO, NE, NJ, NY, PA, TN, TX, UT, WA, WI approved; AL, GA, IN, MN, NC, NV, OH and OR pending), I'm leading a national webinar next Wednesday the 19th. Will be focused solely on commercial real estate (but hey a free hour is a free hour no matter the subject matter, right?).

https://ncsmarketing.firstam.com/tit...tm_content=sig