The Legal Underground

GUEST POST: Build a Weblog Audience by Writing for the Lawyer You Will Become

by Josh Malher

I'd have to say one of the most frustrating things about running a blog of any kind is when you feel like you are writing just for yourself. Oh, I've sculpted at least a dozen brilliant insights into the mind of the parent-law student...and yet, somehow, nobody feels compelled to comment. Maybe I shouldn't say "nobody"; I did have one comment from my sixteen year old brother, and another post from a fella who seemed convinced that he had found an investment opportunity that I'd be interested in. I keep sending the latter emails, but he never replies. I'm beginning to think maybe he doesn't take our e-friendship seriously.

GUEST POST: Language Discrimination and the Law

by Eh Nonymous of Unused & Probably Unusable

Introduction

This post makes two arguments, one incidental, and one primary: English-only should not be the law of the land, and language discrimination should not be permissible.

Let's take them in reverse order. If I were to allow speakers of one particular foreign language in my employ, but not another, to speak among themselves, based purely on thinking one language is superior, I would be engaged in irrational and possibly racial/ cultural/socioeconomic discrimination. The point, however, isn't that it's racist as to speakers of Gaelic, or Arabic, or Spanish, or pick your language; it's that it is most likely going to be irrational and based on ignorance, possibly malicious ignorance. I therefore argue that language discrimination is and should be illegal.

GUEST POST: A PLAINTIFFS' LAWYERS EXPLAINS THE ECONOMICS OF TURNING DOWN CASES

by John Day

The key to making a decent living (and maintaining sanity) as a plaintiff's lawyer is knowing when to turn a case down.

Our work usually comes from other lawyers. These lawyers either have a conflict, have an inquiry about a case in an area outside their expertise, or (most frequently) have a case that will require the investment of either a considerable sum of money or a considerable amount of time (or both) and the risk of loss of the money or the time (or both) represents too much great of a risk for them to handle the case on their own. 

We recently turned down a case for one lawyer because we did not think it could be won. He was disappointed--the damages in the case are huge and the clients are wonderful people. He thought we should be more aggressive, more willing to assume risk. I went off on a gentle rant with him, and I will repeat it here. 

GUEST POST: A Trial Lawyer Tries His Hand at Comedy

by David Swanner

"You’re doing comedy? Cool. Uhh….Why?"

When I tell people that I took a comedy workshop and started doing stand-up comedy a few months ago, people typically are pretty amazed. I think because I might not be that interesting. Also, I think it’s one of those Walter Mitty dreams. “I wish I could do that.” But public speaking is scary, and stand-up comedy is the kamikaze of public speaking. The second response is why. I’ve always loved comedy and always wanted to do comedy. I also have a creative mind that doesn’t always get an opportunity to stretch when practicing law. So I did a comedy workshop.

The Workshop

The workshop was taught by Manny Oliveira who has been in comedy and performing for 27 years. Manny is not only one of the top headliners in the business, he’s also a tremendous teacher. I’ve seen him do three workshops now and have been amazed at the way he pulls the funny out of people. He helps people work up a routine where it brings out the best of them and their style.

We met for three hours on Monday night. Four weeks of the workshop, a week off, then a showcase performance where we would all go on stage and perform.

GUEST POST: The Power to Do Good

by Jeremy Richey

Caution: Evan gave me permission to shamelessly promote a website. This website is The Power to Do Good. The idea behind the site is to create a useful and fun website for the entire legal community, and then through the website raise money for legal aid and awareness for equal access to the justice system. Please stop by the site in order to learn more -- and please get involved. It would be great if you used the site's features, joined the team, composed a blog post, or mentioned the site on your blog.  The site is in its infancy, but I hope in the near future it can be a true power for good.

About the Author: Jeremy Richey is a 3L at Southern Illinois University. He is the author of Jeremy Richey's Blawg. His last guest post was "Open-Source Software: Why Not Give It a Try?"

GUEST POST: When Discrimination Is Good

by Sean Sirrine

Well hello out there! My name is Sean Sirrine and I will be your guest poster for this Wednesday. I regularly, (since March), post over at Objective Justice, and I find myself strangely compelled to post over at De Novo. Today we are going to be discussing the word discriminate.

It seems to come up over and over again in the blogosphere, “this group is discriminating against that group”, and it really seems to get lawyers going. Why is that? Just like people driving down the freeway that just can’t help but slow down and look at an accident, lawyers can’t help but slow to watch the collision of powerful social forces in our lives. By definition, discrimination is the basis of law.

What is discrimination anyway? The dictionary at LaborLawTalk gives a great definition:

GUEST POST:  Bootstrapping and Law

by Eh Nonymous of Unused and Probably Unusable

What does "a loop of leather, cloth, or synthetic material that is sewn at the side or the top rear of a boot to help in pulling" have to do with the law. Usually, not much.  (This is almost the same answer I have when those Wachovia commercials asking what a given random activity has to do with investing; my actual response is vocal, anguished and unprintable).

But that's what a bootstrap actually is.  And we're here today to discuss it, as well lawying.  (What does a lawyer do?  He/she lawys.)  [Raising (not begging) the question: How can you tell when an attorney is lawying?  Answer: Their lips are moving.]

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GUEST POST: The Trouble with Anonymous Legal Blogging

by Lee Walker of Law School Memoirs

Many legal bloggers prefer to write anonymously. Recognizing their views as at least partially more controversial than a carrot leads people to the "obvious" conclusion that anonymity is their silver bullet. The recognition that their personal reputation is less robust than, say, Judge Posner's must be another contributing factor--nobody wants their budding reputation to suffer because of a blog. The desire for anonymity is understandable, to an extent, but certainly requires investigation. Do you have a right to deliver sermons from an ivory tower, safe in the knowledge that your actions have no consequences, or are you just being immature? Perhaps more importantly, are you even able to maintain that anonymity?

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