Saturday, August 29, 2009

OCI and the Start of Year Two

The semester is under way, with one week of classes down. The On Campus Interview process (OCI) is in full swing as well, though due to the economy not quite as many employers are gracing the halls of our law school looking for new associates.

Unfortunately, it appears that I will be on the outside looking in for these interviews. While it would be a neat experience to be invited and participate in the hiring process for a huge firm, it does not worry me that those doors are not opening. As I've mentioned in a previous blog, it is unknown as to whether I could survive and be happy in that environment, anyway. The same set of students are being interviewed by all the OCI employers, and these students deserve it. They are the "superhumans" I wrote about in a previous blog. I can see that the process is stressful, even for them. One guy I talked with has already done 16 interviews. Last year, he seemed very laid back and it took me a while to realize how smart he was. Now, however, he is wearing a suit every day, is quite animated and talks with his hands far more than he did last year. I hope he and the others land great jobs and are happy with their success.

I did my best during my first year of law school. I could not have worked harder. I am happy with my position, and I know that Florida State Law is providing me with the skill sets necessary to land a good job, even if it is not through the On Campus Interview Program.

A lesson to pass on to the new 1Ls or to those seeking to go to law school is this: If you want the jobs with the big firms, your first year of law school will be the most important one. It may seem unfair that so much rides on your first round of exams when you are brand new to the environment and process. But that is the way it works. I did significantly better during the spring semester than in the fall last year because I figured out a different way to prepare myself for the exams. If I had performed as well in the fall as I did in the spring, I probably could have gotten into some of the OCI interviews.

Another lesson: Try to make Law Review at your school. Most if not all of the Law Review students are getting into at least some of the OCI interviews. Law Review is the most prestigious extracurricular activity in law school, and it will open a lot of doors for you.

I am not on the Law Review. My pony is the FSU Mock Trial Team. Now that I do not have to worry about surviving in law school, my plan is to focus on becoming a polished litigator or trial lawyer. This is not as broad an area as you might suppose. While most people probably think of "Matlock" or "Perry Mason" or the characters from "Law and Order" when they think of a lawyer, in truth only about 20% of law school students end up practicing in trial law. Many of my law professors have never been inside a courtroom as a lawyer representing another party. I may end up doing something quite different from trial law once I graduate, but that area is where I seem to be strongest compared to the skill sets of my colleagues. I will spend much of the remainder of my law school classes trying to improve in litigation. This work, combined with a non-stop effort to network should make for a successful job search upon graduation.

***

Let your voice be heard. Do not let the loud minority at the town halls drown out the effort for health care reform. We need universal health care, and we need it now.

Nathan Marshburn

Saturday, August 22, 2009

A Successful Summer

Yesterday was my last day of work at Parks & Crump, at least for now. I can not thank Attorney Crump and Attorney Parks enough for the experience, and I could not have asked for a better summer.

For the first month, I had a chance to meet a lot of bright and talented undergraduate students from all over the country who are interested in law school while I worked for the Summer For Undergraduates Program. The job also allowed me to meet various attorneys, judges, and justices in town, as well as more professors from the law school. It was a lot of fun. I remember thinking on Memorial Day how neat it was that I was getting paid to play volleyball with the undergrads at Lake Bradford.

That program ended in mid-June, and I immediately picked up with Parks & Crump, LLC as a paid law clerk. The work was intense. On my second day there, I had to write a Motion to Deny a Motion for Summary Judgment. I drafted complaints, researched questions of law for the partners, drafted Motions for Summary Judgment, drafted questions for depositions, attended and assisted with a deposition, a mediation, and a trial. Most nights, I did not get off work until close to 9 pm. I also had to work during some weekends.

The confidence I gained from this work is extremely valuable, though. And the firm also treated me to numerous lunches and dinners at nice restaurants along with trips to New Orleans and San Francisco.

So, to Parks & Crump, I say thank you so very much. I hope I showed my gratitude through my positive attitude and my work ethic.

Now, class begins for my second year of law school on Monday. Away we go.

Last night, I went to the Student Bar Association Orientation Social at Potbelly's, the club across the street from the law school. Last year at this time, I went to that social not knowing anyone. This time when I walked through the door, I was greeted almost immediately by 20 classmates happy to see me. I also met a few 1Ls, and I could tell from the expressions on their faces that they felt the exact same way that I felt last year. . . Glad and fascinated to be here, but wondering exactly what I had gotten myself into and whether or not I would make it.

It was a great time last night, and if last night is any indication of how this year is going to go for me, then it will easily be one of the happiest years of my life.

Now, time to read Evidence for my 8am class on Monday.

Universal Health Care Now,

Nathan Marshburn

Sunday, August 16, 2009

Points for Starting a Law Firm

A few months ago, I wrote a blog saying that my desire for a career was to work with a large firm. While I am still open to that and continue to actively pursue it, my experience as a law clerk this summer has also opened my mind to the possibility of starting my own firm at some point.

Counting the two partners, eight attorneys work at my office, Parks & Crump, LLC. My clerkship has been quite special in the exposure that I have received in how such a firm operates and makes money. I want to record here in list fashion some of the things that I have learned in what makes a firm successful. Much of this is common sense, but I think it is still worth writing down.

1) Parks & Crump has become successful by taking cases that no one else wanted. More specifically, they will take civil rights cases involving economically poor minorities. They have also endorsed a number of political causes for minorities in the community. The firm has earned a reputation as a champion for the underdog, and thus Parks & Crump is often the first firm those from a lower socioeconomic status call when they encounter legal trouble. However, the firm still does not take a case it does not think it can win.

2) A phone system that works, and competent personnel to answer the phones is key to keeping the business running.

3) Be conscious of your overhead costs. They can quickly balloon to unmanageable proportions.

4) Be careful with hiring a lot of people, especially early in the firm's existence. Good help is hard to find. And if you find good help, they will want to be paid well in order to stay with you.

5) A good office manager is just as important to your firm's success as a good attorney.

6) If you have an opportunity to develop any sales skills prior to starting your own firm, take it. So much of marketing your firm and having success in the courtroom goes back to basic selling skills.

7) Make the decisions on which cases you take based on business logic and not emotion. Avoid cases you can not win. Your good cases will most likely settle. The cases that could go either way are the ones that go to trial.

8) You have to be fearless. You can not be afraid to go to trial. Trial law is not for the faint-of-heart. Opposing firms will test you. They will try to "paper you to death" with motions in limine and motions for continuances. They will try to run up your costs of working the case. You have to be willing to say, "Bring it on!" As one of the partners told me, there is a streak of craziness that runs through all great trial lawyers, a willingness to roll the dice.

9) That being said, I think you should look to team up with another firm if it looks like a case is going to become expensive. Otherwise, you may run out of the necessary funds to try the case. The other firm will take a lot of the financial reward if you win, but they also absorb a lot of the risk if you lose, and you still establish a reputation as a lawyer who will to go to trial against the big firms.

10) Remember the client. While you must make a business decision about whether or not to take the case, once the decision is made to fight for this client you must dive into it with full gusto. Keep your client informed of what you are doing and show that you care about this outcome for them. Especially for the types of clients who come to Parks & Crump, our work on their case is one of the few rays of hope in their lives. Never forget how important they consider the work you are doing for them. Step into the role of being their champion, and do it with confidence. Give them hope. Life isn't worth living without hope.

Universal Health Care Now,

Nathan Marshburn

Saturday, August 8, 2009

The Coming Workout

Classes begin again August 24th, or about two weeks from now. I am looking forward to the start of law school. Though I enjoyed my first year, I will probably enjoy my second year even more.

This is because a lot of the pressure is now off of me. I've got a pretty good GPA and class rank and am in no danger of failing out of law school. My clerkship this summer with Parks & Crump has added to my confidence in my abilities to be a trial lawyer, to find a job, and possibly to open my own practice.

Even if I don't "grade into a job" through the On Campus Interview process, I have the tools to network and market myself. I will demonstrate to a law firm that I can bring value. I will find a job.

This year, my second year of law school, will be about networking and polishing my skills as a trial lawyer. I will work just as hard as I did during my first year-- only in different areas. The Mock Trial Team will receive a lot of my time. Frankly, I plan to spend a lot of time socializing as well with organizations such as The Young Lawyers Division. I feel much more relaxed this year, and I will try to find time for more Student Bar Association functions and perhaps intramural sports.

Still, this year will be a workout. Getting up in front of a group and making a presentation is no easy feat for me. The Mock Trial Team will require this, as well as the ability to think on my feet during a cross examination of a witness. Doing well in such venues demands an enormous amount of preparation and energy. I have to be willing to fail, to flop in front of an audience, suffer embarrassment, and then gather myself and go again. A few years ago I could not have handled this. It wasn't until I moved to Las Vegas and became a car salesman that I began to attain the confidence and the skills that I will use as a trial lawyer. But I seriously doubt it will ever be easy for me. There will always be times when I stumble, no matter how much I practice. It stings to stumble. And this year, it will be one challenge after another in the arena.

But I am the man in the arena, now. More than at any other time in my life, I am running my own life. Perhaps a psychologist would say that I am a self actualizing person. And while I understand that chance or fate or whatever could suddenly come down without warning and slam me with a crippling blow or even death, I think that I've latched on to the best way, the best philosophy to navigate this existence.

This year will be quite a workout, but it is the best way for me to go.

***

Write your Congressman, tell him or her your health care story, and ask them to get behind President Obama's health care plan,

Nathan Marshburn

Sunday, August 2, 2009

San Francisco

I recently returned from a four day trip to San Francisco with the firm. The firm sent some of us to the American Association for Justice Convention. I attended a number of interesting seminars which expanded my knowledge on operating a firm and marketing myself.

The flight to the west coast was spectacular. I had a window seat at 36,000 feet, and our flight plan took us up the southern coast of California. A solid layer of white clouds which resembled cotton candy covered the Pacific Ocean far below for as far as the eye could see. The cloud cover did not break until just before the shoreline. Much of the shoreline was mountainous. One partner of the firm told me to never take a cruise in the Pacific Ocean because clouds like that will obscure the view for most of the trip.

As we closed in on San Francisco and flew lower in altitude, we passed directly over Stanford University. I could tell which school it was by the markings on the athletic fields. I also noted the Bay Bridge, which I first saw on television in 1989 during the World Series earthquake. San Francisco's airport is similar to New York City's LaGuardia in that the runway goes to the edge of the water. As the plane got lower and lower, we were still over water until the last moments when the runway appeared and we touched down.

My first morning there, I went on a 5k run sponsored by one of the city's law firms. The last part of the race was almost all uphill, and it was the first time in years that I had to start walking during a 5k and also the first time in years that I felt a little nauseous during the run. The hills in San Francisco are seriously steep, and the streets do not wind to accommodate the grade. I still managed to finish the race in a sprint, though.

Exploring San Francisco was great as well. The city is surprisingly cold. Highs were only in the 60s, and it seemed colder due to the wind coming in off the ocean or the bay. Fog is common. As it got dark, it would often seem to be raining as I looked at the light from the street lamps. I felt no water drops, though. A taxi driver told me that the warmest weather is usually in September and October where temperatures can go into the 80s. But always after 5pm, he said, the weather drops into the 50s. It is always cold at night in San Francisco. If you go just a few miles inland, the temperature range jumps dramatically, he said.

I took some time to walk through Chinatown and to see Lombard street, the most crooked street in the world. I also biked across the Golden Gate Bridge, which provided a spectacular view of the bay and Alcatraz island. Riding my bike along the Fisherman's Wharf area, I saw about 40 or 50 California Sea Lions resting or arguing with each other on the piers.

One of the partners of the firm treated us to some awesome meals. The Crustacean is a seafood restaurant owned by a Vietnamese family. The restaurant has a special kitchen apart from the main kitchen where only family members are allowed. In this special kitchen, the family members cook some of their famous dishes (the recipes to which are jealously guarded). I also enjoyed some crab cakes at Houston's, and a delicious Chocolate Sunday at Ghiradelli's. Both establishments are on the San Francisco Bay.

So, it was a fun time and I am appreciative of the experience. Still, I feel that my stories of San Francisco are only the run-of-the-mill experiences that any tourist could relate. San Francisco is different from New Orleans (another city the firm visited this summer). In New Orleans, in Las Vegas, in Philadelphia, in Miami, I felt like I could walk down the street and suddenly find myself in a unique adventure. I did not feel this with San Francisco. To really enjoy San Francisco and understand its character, I think one probably needs to have a lot of money and be connected with the appropriate social circles. Despite its liberal reputation, the city felt conservative and private. The clubs, the people, and the beautiful hilly streets all seemed quite tame. The most interesting characters of this city are sealed away from curious visitors like me in ornate Victorian homes. They eat their meals apart from me in those homes or in fine dining restaurants out of reach to me at this point in my life.

But perhaps one day I will come back under different circumstances.

Universal Health Care Now,

Nathan Marshburn