The Second Fellowship

After the failed first attempt at a fellowship, I eventually found a place to run out the rest of the eligible fellowship time plus a bit more. It was again with a division of the state. Most of the attorneys were really quite nice, and on top of all that, the office had several interns and they were ALL PAID. Holy shit, I literally could not believe they were all paid hourly and I had been doing significantly more for free for the past 2 years. But bitterness aside, it was a nice place. I was given a whole office to myself as one of the prosecutors had recently left. Whenever someone mentioned this person, they always had that sad hesitation… “Yeah, Sally.. she was… she was a great person… (uncomfortable pause)… Anyway…” So for the longest time I thought they had died, especially considering the sheer amount of paperwork left over everywhere in the office. The office also had a slight ick factor in that it was very dirty, strangely almost every surface was covered with chocolate protein powder, but even beyond that, it was sorta nasty and I started wondering if the person had actually died in the office. A large chunk of my first two days was spent going through it all and cleaning the office out. Farther into my internship, while digging through the desk, I found one of their business cards and looked them up. It turns out the person had no arms or legs, and had quit their job to become a motivational speaker. (my imagination is not nearly good enough to make this stuff up)

The building itself was old, I have never been into a state office which wasn’t. But this one was old even by public building standards. Walking into the bathrooms was like walking into the 1930s. Other sections of the building may have been updated, but someone, somewhere had decided that those bathrooms were ‘classic’ and must be maintained. Truth be told, they looked pretty cool, it felt like you were time traveling every time you had to take a leak. But the building had other problems too, the office had heat / cold issues; basically the temperature was regulated by a heater which didn’t really work, and the windows which faced an enclosed courtyard (no breeze). Nothing horrible, just uncomfortable. One day while I was working at my desk, I heard this weird *thump* *chunk* *splat*. Suddenly a whole section of the wall developed a minor waterfall of black liquid running down it. At first I was frozen staring at what almost looked like several gallons of old oil running down the far wall, and then the smell hit me. I jumped up and grabbed everything I valued and bolted for the door. I had the foresight to open a window before shutting the door firmly behind me. And then I popped my head into the office of the most senior attorney I could find and told them that I think a sewage line had just broken in the ceiling of my office. This of course led to a small train of people bravely poking their head into my office to confirm what was running down the wall onto the floor. I think that was the fastest I’ve seen maintenance workers show up in a government building. It took a few days to fix whatever had happened to the plumbing above my office, and for good measure the office was closed off and ‘aired out’ for nearly a week.

One day well into working at the fellowship for about 2 months, I was talking to one of the senior attorneys there and they made a statement about the head attorney at the office and asked me something in reference to them. I mentioned casually that I knew their name but had never met them. There was an awkward pause and they looked at me and said “wait, you’ve been here every day for the last two months, writing and drafting things with their name on it and you’ve never met them once?” I could feel that I may have said something bad, but it was the truth, so “No.” The attorney ended up finishing the conversation with me and left. About an hour later, a person walked in who I had never seen before and introduced themselves as the head attorney. At that moment I realized they likely had no idea I was working there at all until about an hour ago and had been compelled to come speak to me. They stiltedly asked if I was getting on alright and thanked me for being there. At which point they seemed to have run out of anything to say, so they said if I ever needed anything to come find them, and then they left. For the rest of the fellowship I never saw them.

I found working at this office nice, but pretty much everyone in the office had a weird habit of popping in and saying they had a project for me in the works, and would tell me to brush up on fill-in-the-blank-massive-section-of-law. So an attorney might say, “oh hey, I have an idea for a project I want you to do, so make sure to brush up on collective bargaining agreements.” Now, the problem with this is that it is basically like saying ‘I’m thinking of a number between 1 and 10,000… start looking over the numbers.’ It tells you nothing about what to collect research on, it tells you nothing about the central issue they are considering. But the worst thing about it was not one of them ever came up with the supposed ‘project’ that each one referenced to me. I followed up and it was always just sorta nebulously on the horizon somewhere and they would get back to me, but you know… be ready.

There was one assignment I was given which spoke volumes about the legal community in this geographic area. The attorney handed me a file for a routine document production, which any other day would have probably been taken care of by a paralegal. Instead they told me, “Find some way to oppose this motion. The more obscure and time consuming for the other side the better.” This obviously didn’t quite seem like the normal assignment and I just sorta went “uhm.. ok. Will do. Is there a backstory here I should know before drafting anything?” The attorney didn’t even need to think about it, and he said “Because that attorney is an asshole, and it sucks for his client but nothing he files here goes unopposed.” Any non-attorneys reading this should note that this is what happens when you hire the wrong attorney. I still remember the motion I drafted. I handed it to the attorney, they started reading and a few sentences in they looked up at me and said “Wait… we can do this? Seriously?” I told them we could, but the office couldn’t use it often. The law specifically said it could only be used sparingly, and I said that I doubt the judge had ever run across the issue before so they would likely side with us for safety sake. The motion apparently had the desired effect of pissing off opposing counsel and making them waste a lot of time figuring out what I had just written.

At the end of the fellowship, I finished up the projects I had been working on, cleared out the office and said bye to the handful of attorneys I actually worked with. Strangely it seems that the memo didn’t make it around that I was gone. This speaks volumes to the communication within the office that I told a bunch of people it was my last day there and then apparently after I left there were a few people who came looking for me to do work, and couldn’t find me (imagine..). Anyway, about a month after I left I get what I can only describe as a separation letter from the office. It was as if they felt the need to officially fire me after the fellowship was done. I half think that someone decided I just randomly stopped showing up and so they ‘fired’ me from my free position. I’m still not quite sure what the intent of the letter was, it was just strange.

Against my better judgment

I hate headhunters. I have heard tell that in some fields search firms are legitimate. In the medical field for instance, headhunters are an accepted way for hospitals to find doctors and are widely used, although thankfully with the current generation of doctor’s command of the internet, they seem to be used less and less. In the legal field however, they really only exist to prey upon the lazy or internet illiterate who can’t bother searching for the same job postings the search firms so obviously ripped from the internet job boards and scrubbed the contact information from. In general, the less people in your field and the higher the demand, the more legitimate the headhunters become. That of course is not how it works in any sector of the legal field.

To run through a few numbers to give you an idea of what we are talking about… there are approximately 1.3 million attorneys in the United States. Of those attorneys, only a very small subset are allowed to attempt to register to practice before the US Patent Office. There is a 43 page GRB booklet just talking about who can submit to register to take the patent exam, which has a failure rate of well over 50%. There are currently about 42,000 people on the list of registered patent attorneys and agents, with about 31,000 of them also licensed to practice law. (this number was actually a bit higher a bit over a year ago, but it turns out that with no yearly maintenance fee the USPTO had no idea who had died and who was retired… they sent out postcards to everyone they ever licensed and required them to be returned or be taken off the register.) Plus when you consider how many of those people are examiners at the USPTO (currently pegged at approximately 5,000) you can see how the field gets smaller and smaller. So now we are getting down to brass tacks… the end result of all of this is that there are not that many patent attorneys wandering around.

The USPTO publishes names and contact info of everyone who passes the exam. I passed the patent bar a while ago in a vain attempt to become more marketable to employers. Also because I had always wanted to. I was eligible, I had generally always planned on doing it at some point. I have a bunch of time doing nothing while I am unemployed, so why not finally sit down and study and take the exam. A few weeks later, I get in the mail a hand addressed and stamped letter from William K. McLaughlin Associates congratulating me on passing the exam and inviting me to contact them to discuss potential job listings (normally I would post a scan but I shredded the letter shortly after all of this without thinking about the blog) it included the requisite generic listings of ‘positions you too could possibly get with us’ as shown here. I almost threw the letter out. I mean, it is a headhunter and as I have stated over and over, legal sector headhunters are pretty much all scams. But then I started thinking of the numbers… there is a high demand for patent work, and generally headhunters become more legitimate when there is few practitioners and a high demand… and so I got sucked into responding.

The letter included a business card to one of the faceless associate headhunters, so I fired off a response about how I was very interested in speaking with them etc. etc. etc. A short while later, I get back a response. Sorry, we only deal with people who have 2+ years of experience. Huh? So, they send out letters to everyone who have just passed, urging them to call them about jobs. But they effectively refuse to deal with them because… they just passed

I can only assume they have a fantastic backup business plan because this one is fantastically retarded.

I hate headhunters.

We are not alone

Where have the jobs gone?

For awhile I looked around and thought the legal field was singular in its fall from grace as a worthwhile career aspiration. It does not seem to be so. It seems instead a great many higher education degrees are becoming more and more worthless. And the debt incurred in no way compensates you later in life for wasting your time earning a degree which can’t earn you any money. Sometimes you look at someone and ask “how could you not see that what you were doing was worthless?” I wish I could find a clip to link here… There was a comedian who was talking about the unemployment problem. Specifically he referenced a reporter who was going around a university campus talking with various people about how they couldn’t find jobs. One person they interviewed gave the moving story that his friend who had recently graduated with a PhD couldn’t find a job. When asked what his friend had gotten his PhD in, he said English – with a concentration in ghost stories.

I’m beginning to feel that I got a PhD in ghost stories. But, as it turns out… I’m not the only one. And neither is it limited to the questionable value of a JD. There are a growing number of degrees which at one point offered the promise of real employment after graduation, yet now offer only huge student debt and no ability to repay it. A close relative of the JD has fallen as far and as fast it seems; the MBA is now a nearly worthless endeavor. Hell, with that type of worthlessness why not double-down in law school and get a JD/MBA. I recently talked to someone who made that calculated mistake and now works as an E-Dat attorney. That’s right… his dual degree got him all the way into document review.

What about other high student debt value positions? Well it turns out that very selective admission only goes so far as a DVM won’t let you make enough money to eat either. The oft maligned degree in any one of the humanities is now a short ticket to living in your aged parents basement and attempting to figure out how you can get into the military past the enlistment age.

So you don’t feel so sorry for the people who spent 10 years getting a degree in Classical dead languages? What about some of the more practical degrees. You know, the ones you always heard were a sure fire way to get a job without incurring a ridiculous debt load. How about pharmacynope. Oh wait.. what about that huge nursing shortage I heard about ad-nauseam. Yeah… turns out there’s nothing left there either. Education has become big business claiming to set up graduates for success in a competitive job environment while merely siphoning money to themselves. It has become a booming business to the point that there is more money to be made in education, that there is in actually being educated. Oh, but I forget… the invaluable and incalculable benefit of actually being intelligent and educated more than makes up for earthly pleasures like… food.

The college degree is becoming the new high school diploma. Even with this new baseline, most graduates can’t find substantive work. Of those who are working, half of them aren’t making enough money to live comfortably. This sounds eerily familiar. The only difference is that in the US, it seems to be happening to everyone even those with advanced degrees. If we are to believe NPR’s report, everyone without a decent degree is being shuffled off onto disability.

Are we becoming the United State’s Lost Generation?

I’m getting off my soapbox now. And taking it with me. Soapboxes are expensive. And at the minimum I can recycle it for some change… Dollar menu here I come.

Placement

As a law student, you never see them. They don’t show up to career fairs, they don’t offer internships, and even if you did send a resume out to them… they wouldn’t bother responding to you because you are an inexperienced proto-lawyer they can’t make any money from. I posted briefly about them previously, but figured it was due a more in depth discussion. They are staffing agencies.

And there are A LOT of them. Chances are you’ve even seen their names circulating. BCG, Dicenzo, Kinney Recruiting, Carpenter, Moses Legal Search, Counsel On Call, GCC Consulting, American Legal Search, JuriStaff, Robert Half Legal, Special Counsel, Hire Counsel, Lumen Legal, and more.. so many, many more. In fact, if you look at the job postings in some markets, it almost seems like they are the only ones hiring. They aren’t. Most don’t hire at all. Some are so classy as to tell new lawyers bluntly to go fuck off. BCG has a special landing page for new graduates telling them they would not be considered for any jobs they applied to; and instead points them in the direction of widely known scam sites such as LawCrossing. Because I am sure another site which attempts to siphon money from an already broke and desperate group of people is a completely sustainable business model. BCG has other problems as well which generally explains a good part of their business acumen. Let me explain a little bit how these multi-level marketing look alike / scam companies work.

At least half of these companies have a tiered workforce. Places like Special Counsel, Hire Counsel, etc. actually do hire attorneys; but they only hire them to do Document Review at low wages. The reason for this is that they make a vast amount more money on a slavish workforce by staffing a project and then billing the law firm who hired them. They will not even try to place entry level people in real jobs. In their view, there is no money in it, and they can make more money on your perpetual servitude in doc review (see previous post on the inflation of doc review billing). Temp companies want laterals to place into jobs for the placement fee. They don’t do it for free… if the staffing agency places an attorney, the company they place them into pays a finders fee to the staffing agency for finding the ‘right candidate’. To give you an idea of what that fee is, if you are working in the slave force for Special Counsel and bring in an attorney that they end up placing in a permanent job, you get a take of the fee to the tune of $2500. Consider what the fee is if that is what they are willing to share with the drones. One of the placement staff told me that in the office I briefly worked for, they had placed a grand total of 2 people last year in permanent jobs. Two… Staffing companies also have all of their temp workers sign contracts barring them from being hired by a company you work for through them, outside of the staffing agency hiring system for a period of a year.

There are 2 sick jokes within this whole situation. The first is that the laterals the staffing agencies are looking so hard to place could easily get the job they are being placed into. In this market, being a lateral means that you have experience and are willing to jump ship at the first sign that someone is willing to pay slightly more for you. This leads to companies who are unwilling to hire entry level people because they think they will end up paying to train them only to have them leave as soon as they are trained for a higher paying job. In the end a self fulfilling propehcy is created because the laterals have already shown they have no alligence to their employer by constantly jumping between higher paying job offers. The second joke of this whole thing is where the staffing companies find these jobs they list everywhere. They do the same as you and me… they look online and find a job posting. Then they copy it and take out any contact info, company names, etc. Switch around a few phrases so that you can’t easily Google the job description back to its source… and Voila! Now it looks like Staffing Company Inc. is hiring an In-house counsel for a dynamic software company. General enough that you can’t use the staffing company posting to find the original company’s job post. There are supposedly some companies that only list through certain staffing companies… but I actually haven’t run across one yet. In fact, what I usually run across are companies stating on their job posting that they will not deal with recruiters or intermediaries. Because they have already figured out they are a scam.

The staffing companies act as intermediaries between you and jobs in theory. In fact, they act as an unnecessary wall preventing you from getting your resume to the jobs you want. If you submit your application to a staffing agency, they will not forward it on to the employer. Instead they decide if it fits the job description and more often than not, reject you themselves with no input from the company offering the job.

Don’t use them. Don’t apply to them. And remember this later in life when you may be in a position to consider hiring people…tell the staffing companies to take a flying fuck and only hire directly.

 

Applications = Free marketing? Really?

This is honestly a new one for me. I thought I had seen most of the shitty things potential employers could do and say to the plebeian applicants who employers deigned to consider for their jobs. But sometimes, even after what has been quite literally thousands of applications and resumes sent out, I can still be surprised.

So… I had applied to Barclay’s Bank, specifically their BarclayCard division (their credit card) for a slightly half legal position of ‘Negotiator’. It didn’t require a law degree, but considering my luck with legal jobs so far, I thought a quasi- legal job would be a nice change from being perpetually broke. Plus, I thought I was a shoe in for the position. I am a lawyer trained in negotiation, and as it happens I am also a certified mediator on top of that. So I was slightly disappointed when I received the rejection from Barclay’s.

But just imagine my delight when I received this in the mail.

Card

Now, I know what you’re thinking… Maybe its a coincidence? I mean, just because some bank that doesn’t have any physical location within several hundred miles of me, that I’ve never done business with, nor had any associations with other than applying to their job, and have literally never received any piece of mail with their name on it prior to this moment, well they could have possibly gotten hold of my name and address… right?

Well, you see, the application asked for references. And as it happened when I was talking to someone on my list of references about how I think BarclayCard used my application to send me unsolicited mail… they thought for a moment, got up and walked over to their desk and produced an identical envelope. That’s right. Barclays didn’t just use MY information to send out unsolicited spam. They used my list of references and also sent out junk mail offers to them too.

Classy.

 

Edit: Turns out Liberty Mutual does this too… I received a bit of spam mail from them as well and they included the Esq. at the end of my name. Never used that anywhere except on job applications.

When ‘Office Space’ stopped being funny

I would imagine most people who aren’t oblivious have seen the movie Office Space. Most people who have not worked in a corporate setting, if forced to, would classify the movie as humor through absurdity. For those who have worked in a cubicle, the movie takes on a near documentary status of the world in which you work on a daily basis, and they don’t see the movie as funny, they see it as too close to reality to be humorous. Mike Judge seems to make movies which appear to be a funny concept, up until you watch the movie… and suddenly you feel that you are looking at a strange reflection of the world around you. (see Idiocracy for another wonderful example) Anyway, here is a brief description of a job I had for a short time that completely changed the way I saw the movie Office Space. (required reading before going farther)

 

The Beginning…

So I was excited. This was technically the first job I was getting out of law school wherein I was actually being PAID. Shit yeah! Finally all those years of school would allow me to cash in on the ridiculous amount of knowledge I had acquired. Granted, it was document review, but as everyone knows (or should at this point) you work the shit job for money and keep applying to real jobs in the evening. Plus, I originally thought that I had come across a potential rarity. The employer was not one of the faceless legal temp agencies, it was a real firm who was hiring people for in-house work. So I show up for orientation and take the elevator up to the 40th floor of a high rise. The offices were lovely and everyone was very polite to you. I went into a conference room and there was a smallish group of about 15 other attorneys there. It seemed like this was going to be a very nice experience, they gave us refreshments and we sat through the case description for about 4 hours given by 2 firm staff attorneys working on the case . They talked to us about real legal concepts and outlined interesting bits and pieces of legal strategy; in short, they spoke to us like intelligent professionals speaking to their peers. (That conversation was the last time we would be treated as professionals, and definitely the last time we were expected to think about anything even remotely legally related.) Then we were told we were going to be shown to our desks.

If you are a religious person, what came next closely mirrors John Milton’s descent. Basically we were all herded onto the elevators and brought down to the 5th floor. Rent is significantly cheaper the lower you go in high rises. I am quite certain that if they could have, they would have put us in the sub-basement or a parking garage level somewhere. We exit the elevators into what I can only assume was a time warp back to late 1970s chic. The carpet had at one point been a burnt orange, but was now a strange dark brown with pathways between the doors worn down to the jute. The walls were pinkish and had an odd gradation moving towards the ceiling that implied they had seen the days of people smoking copiously indoors and had never been repainted. We were brought down by an administrative assistant; I assume so that the ‘real’ attorneys did not have to set foot on the 5th floor. She opened the door from the hallway into a small warehouse with rows upon rows of cubicles dimly lit by flurescent lights whose lens had so badly yellowed it even made the shadows look depressed. She led us down the center aisle of the room which was already full of probably 75 other serfs doc reviewers. We arrive and find that the cubicles already have your name stuck to them with a push pin. So we all find our assigned seat and sit. And wait, and wait… and wait. At a certain point someone who identifies themselves as QC man (Quality Control) shows up and tells us to login to the doc review program and go. And if you have any questions look in the huge binders on your desk which holds essential info on the case (approx 300+ pages). Barring finding the answer in the unannotated tome, the QCer tells us to email them preferably; or if it is really urgent, find them. They appear significantly displeased with both of those statements. And then they disappear. No mention of where we should find them, no significant explanation as to what to do next. The disappearing act is a learned survival trait in shitty jobs. If no one can find you, no one can make you do work or ruin your day by asking you questions you don’t know the answer to.

Now don’t get me wrong. We were all (theoretically) intelligent people who had graduated law school, and most of us had passed the bar. You can definitely figure out on your own how to do this job regardless of the less than adequate training. It is more the concept that they wanted you to hit the ground running on day 1 with no training on their personal e-doc software system with oblique hidden commands, cobbled together with their less user friendly tracking software, and their shitty corporate email and messaging system, all supposedly explained in a 300+ page manual which in comparison made Chinese ‘engrish‘ instructions seem damn near readable . It would be as if someone gave you a wonderful lecture on Cell Biology, then put you in the drivers seat of a Zamboni and said go to it. The disconnect between what we were talking about in training versus what was staring at us from the shite computer GUI was stark and jarring.

 

The Middle…

I should point out the urgency in which this project was moving. You see, the project was 2 years overdue. Y-E-A-R-S. The client was pissed. Part of the issue was that the firm kept deciding that they were almost done, would fire everyone, then figure out they weren’t and have to hire a whole new batch, train them, and then get it rolling again. That had apparently happened 3 times during the project. My only guess is that the client decided somewhere along the line that it would have been more expensive (somehow?) to have to hand it all over to a new firm than just allow the incompetence to continue a bit longer.

Over several days all us neophytes became quick studies of the shitty computer software and we were all happily plugging away. Unfortunately, we all had the same nagging problem. We weren’t sure if what we were doing was actually correct. Usually you get some feedback. Someone tells you, “oh hey, you did this wrong, do it like this next time.” That is technically the job of the QC-ers. But we didn’t because they were ‘backed up’. We didn’t get any feedback at all for a month. By the time anything rolled downhill, the comments you received were based on work you had done so far in the past, you couldn’t quite remember why you did it that way or even if that was your work product. You would get reports back from multiple QCers directly contradicting each other. You’d have someone come over to explain why something you had done three weeks ago during the first week was wrong, which you had already corrected. Then another person would come over to explain the same thing to you. Then you’d get an email about it. Then a cryptic email from someone who identified themselves as your team lead (who you’ve never met before) asking you to find them, and when you do track down this elusive person it turns out they just want to ask if you figured out what you did wrong… last month.

Early on in this process, one of the administrative assistants came up to me and told me that my time didn’t add up. You see, everything is timed. The e-doc program has an internal timer which logs every minute you are on it, and then bills that to the client account. There is a separate timecard system wherein you enter your daily timesheets which is manually filled in by you, which is what the law firm pays you. So one gets billed to the client, and one gets billed to the law firm. The idea is that there shouldn’t be a significant discrepancy between the two so that the law firm gets to charge the client everything (plus a nice markup) and they don’t have to pay you for time not billed to the client. At first I thought, oh crap… did I forget to log off the systems or something? So I asked how much it was off… 15 minutes…. for the week. I am pretty sure my face betrayed my amusement. “15 minutes discrepancy between the time card and your system monitoring software billed to the client… you realize it takes at least 3 minutes to log onto the system every morning because these computers are so slow. And we were told to log off the client billing system if we went to the bathroom or on break or to the myriad meetings you seem to like having…” Seeing something to grab onto the assistant jumped in, I was then informed I wasn’t supposed to log off the system if I was going to the bathroom or on break, or for meetings. In other words, bill the client for taking a leak, hell bill them for breathing. I’m sure that’s ethical. On the flip side, we were told to log off for the strangely frequent fire alarms. And then we all found out that we weren’t getting paid at all for the time we were forced to stand outside during the fire alarms. Nice.

One day while I was working, a voice suddenly comes over the loudspeadker system that no one there previously knew existed. It informed us that the strange package outside the building was almost assuredly not a bomb; Just continue working and don’t worry about it. This of course brought many questions roiling to mind all at once. These questions were only compounded after a loud explosion was heard a few minutes later. The explosion turned out to be the bomb squad doing a controlled detonation of some poor schmucks briefcase. Because the best way to dispose of potential bombs… is to blow them up with your own bomb. I guess? And something that is almost assuredly not a bomb apparently absolutely needs to be blown up. But don’t worry. Keep working.

I happened to also work at this lovely establishment during some random 3 day holiday weekend. Lets assume the holiday was on a Monday. On Wednesday the week before, multiple people start asking up the chain of pseudo-command whether we had the holiday off. No comment seems forthcoming. Then, on Friday at about 3:30 in the afternoon, we all get a mass email drifting down from on high on the 40th floor. We had the holiday off, and not only did we have it off, but it was a paid holiday. We were going to be paid a full working day and we should enjoy our Monday off. The peasants rejoiced. It was late, many people came in early and decided that this was the perfect opportunity to head out and begin enjoying their holiday weekend. The 5th floor dungeon became a ghost-town in 10 minutes flat. I happened to stick around to round out my hours for the week as I didn’t have anything pressing to head out for. Rounding 5:45 I start to shut down my computer when another email thuds into my inbox. Turns out its a retraction of the previous email, in it, they explain that last year they gave people the paid holiday off but this year they changed the policy; so it wasn’t a paid day off and we were expected to be there on Monday. However, everyone on the 40th floor had the paid day off so there would be no support staff for questions etc, oh yeah, and also the air conditioning would be off in the building because it was a holiday, so dress appropriately. It sounded like a mean spirited joke. I poked my head up to gaze around the now empty room. 2 other people were still there… out of about 75. I turned off my computer and didn’t bother coming in on Monday.

Across the aisle from me sat a mountain of a man. 350 pounds crammed into a tiny office chair that seemed to be losing the impossible battle to hold this man in front of a computer. I found out this man was a running joke in the office. You see, he had been fired nearly 2 years ago. He had been fired, but decided to continue showing up. And the company continued paying him. I shit you not. Friends of his had even given him a red stapler as a joke because of it. I guess everyone involved just decided to say ‘fuck it’ and ignore it ever happened.

The atmosphere deteriorated really quickly. When I had first shown up, the internet was not firewalled. Most projects I have worked on since may block social media sites and the like, but they leave open most other things so that you can still interact with your personal email etc. Mostly because these projects know that this is supposedly a temporary position and you have other job prospects who get back to you via email, plus the odd personal email. Anyway, all I ever used it for was to listen to Pandora. Then one day I came in and everything was blocked for everyone. Then the arbitrary rules started coming down. No phones allowed out while in the office. No talking. No MP3 players or other electronics. Rules suddenly appeared dictating (no kidding) how long you were supposedly allowed to use the restroom. You would think from these rules that people were sleeping in the restrooms while listening to audio books and watch movies on a laptop.

The guy to my right was a ghost. In a given day, I might see him at his desk 2 hours. I always arrived before him, and always left after, yet somehow he was never at his desk doing work. This went on for several weeks. Then I just didn’t see him. The only way we knew he got fired was when the secretary walked over and removed his name from the push pin on the cubicle and walked away. It turns out early on he had started flirting with one of the administrative assistants who happened to be in control of timecards. Then he started sleeping with her. Apparently she was fixing his time. I sorta wondered if the client paid for that or not once they figured it out.

 

The End.

I eventually decided I was done with this job. It sucked. A lot. I ended up getting hired on elsewhere for a project starting in a week. I just had to suck it up for a week and quit. The job was an at-will position and although it was bad form, I could quit on Friday when I turned in my timecard. But then Wednesday rolled around. On Wednesday, the administrative assistant started sending people one at a time to some meeting. I thought nothing of it because I usually had no idea why some people disappeared to a meeting and some of us didn’t. Mind you, at times an email would be sent out telling you that your team had a meeting in half an hour, and if you weren’t bored enough to check the corporate email every ten minutes, you’d have no idea and would get some chiding message asking where you had been during the meeting that half the team hadn’t shown up to. Anyway, check the email, no meeting email had been sent, so I put it out of my mind and ignored it. Then she came over to me and told me to go to the office over in the corner. I actually had no idea there was an office over in the vague direction she had waved at, but I went anyway. I enter a tiny closet of an office to find out that I was meeting with the E-DAT attorney overseeing the whole project. My actual supervisory boss. I had never met nor seen this man before this moment. Sitting to my right is one of the administrative lawyers also running the project who I had at least seen walking around the office. The supervisor starts talking, “I wanted to talk to you today about your performance…” He starts talking about the errors on this, and that. I mention that what he is referring to is the data from the very beginning when the QC didn’t bother sending anything back. He seems unphased by such logic. The meeting seems nothing so much as telling me why I am doing a crappy job.

Then he brings up something quite particular. He mentions a batch of documents I had done which were a bit of an oddity. The reason they stuck out to me was that I had initially been stumped on what I was supposed to do with them. So much so that I had walked across the office and tracked down my QC person and had a short discussion with him, which as expected seemed to irritate him greatly that he had to speak to another human. The QC person listened to my description and he told me to mark them all relevant, and gave various reasons why. The supervisor looks at me and says he is concerned that I marked them all relevant when they so clearly are not. Ah ha! I say, but I talked to QC man and followed his instructions to the letter. There is an eerie silence in the room, and supervisor person says, “well why don’t we ask him.” Something seems off, my spidey-sense is tingling. QC man is standing right outside the door, the supervisor waves hims in and says “is that true?” QC man looks at him and says, “Oh no. I definitely said they were not relevant, Azrael brought over several printouts and we had a discussion about how irrelevant they were.” My head is about to explode I am literally fuming. As I am about to make a very interesting scene, that special voice in the back of my brain says “why are you troubling yourself over this… you were going to quit in 2 days anyway”. In that one brief instant, a weight it lifted off my mind. I turn back around to the supervisor and say “you know what… you’re right. I am crappy at this job. I think I’m going to quit.”

The tenor of the whole room changed instantly. Something had gone seriously wrong and the meeting was suddenly not going as the supervisor had planned. Everyone in the room was suddenly worried and started telling me I shouldn’t quit, and that I was getting the hang of it. That I should hang in there. Then the woman to my right says (verbatim) “But what else are you going to do?” I start mentioning some of the options I had been looking into… and I look over, and she is writing some of them down. That’s right, she is taking notes so that she can try to get the hell out of this job too. I was amazed. The meeting ends with me telling them I’m going to leave on Friday. The supervisor asked me to reconsider and get back to him by Friday. As I was leaving the office, I looked at QC man and said, “you know I don’t have access to printers on my computer… right?” I’m sure it took him a moment to realize I had just called out his lie. It didn’t matter anyway. I walked back to my cubicle and sat down. The other reviewers seated around me were joking about how they had all just had the same meeting where they were told they were doing a crappy job and had better improve. It was apparently standard operating procedure at this place and was used as a motivational tool. (***) I told them how my meeting had gone. I was their hero for the rest of the afternoon.

All told, I only worked for this company for slightly over 2 months. It seemed like a lot longer, and I’m sure you’d think so considering the few stories I’ve told, and there were more… oh so many more. It was such a bad environment that I was looking for any way out possible. As luck would have it, another doc review project opened up in town, and they were offering a whole $2 more an hour. I switched over to that project. So did more than 50% of the people working for this firm. I heard stories later about the vacuum they had to scramble to fill after the exodus for the extra $2.

 

*** Non-sequitor. I had seen this management technique before although I suck at recognizing it in the moment. It is a Japanese style of management wherein you are told you are not performing well in an effort to spur you on to work harder to please your supervisors. Way back in the 80’s during the Japanese corporate incursion it was figured out that it doesn’t work too well on the US workforce, but somehow it persists in those bullshit motivational books corporate execs put so much stock in. Anyway, I had worked for a time in college at a bank lockbox (look it up if you don’t know what it is, but prepare to be bored). The bank had acquired a state contract by being the lowest bidder. Effectively the bank was going to be handling receivables from the whole state and they were easing into it by starting out with 3 counties and absorbing responsibility for a new county or two every week, thus providing a gradual buildup to fulfillment of the contract requirements by the end of one year. The head manager for the lockbox was a diminutive Japanese woman with a ridiculously thick accent. At the end of every week, she would call the whole floor of workers together and tell us that if we didn’t work harder, we were all going to be fired and that we were easily replaceable. Every week without fail. This was her way of motivating her workforce. What was actually happening behind the scenes was the bank had woefully underbid and they were not able to keep up with the incoming accounts (and they didn’t even have half the state’s counties under their purvue yet). They had also literally gone through the entire roster of the local temporary employment agencies to the point that they were having very difficult times getting new workers. To make matters worse, the agency employees who did stay were being paid better than the bank hires. Which meant more people quit, walked over to the temp agency and were ‘re-hired’ at a higher pay rate for the same job. Add to this the fact that the job and office location sucked and they offered no benefits other than being screamed at by a tiny Asian lady (if your into that sort of thing) and you can see why most people quit the job after a few months. The bank ended up ceding the contract after about a year and a half. Shortly thereafter, the whole bank went under and was bought piecemeal for fire-sale prices. I still get a sense of joy thinking about that bank dying.

 

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edit: fun news article talking about some of this mentality… Part 1, Part 2

FastCase Blog Retardation

Read this.

I’m not sure why FastCase has a dog in this race… lord knows, they should be staying out of it.

I do like their logic: No one is applying to law school because there are no jobs after graduation. BEST TIME TO APPLY TO LAW SCHOOL!!! Oh yeah. And all that ‘scholarship money’ which will disappear after the first semester… because as everyone knows, when applications are way down and you start having to make the hard decisions of letting in woefully under-qualified students, or merely accepting fewer students (you know… in line with market forces), I’m sure the free money they hand out to people won’t possibly start drying up.

This argument is like looking to invest and seeing a company about to go bankrupt… Perfect time to invest all your money in that company.

Kudos FastCase. Kudos.

Local Bar Associations

The ABA is effectively a special interest group who primarily legislates for attorneys. They are supposed to do more, but they really don’t. They also continue to accredit worthless schools and seemingly refuse to disqualify the lowest of the low as they should be doing. So what about your local State / County / City / Metropolitan bar association? What do they do? Is it worth paying to be a member of the ABA or your state and local bar association?

Well the first thing they do is they all offer you a free year membership once you pass the bar. At one point I think I was titularly a member of 7 bar associations between state and local level. They also offer discount on CLEs in your area, which became significantly less of an incentive once I found 4freecle.blogspot.com and their email listserv of free CLEs. And those CLEs are not all the free CLEs offered in your area, usually there are a ton between events at Legal Aid, the local courthouse / city hall, and the local law school. But you only need so many, so you can usually meet your bi-yearly requirement just through the website.

I ended up asking a senior partner of a large law firm what benefit there really was to joining any of these multiple bar associations. They thought for a moment and then told me there really wasn’t any. Local bar associations are more akin to social organizations where attorneys can network with each other, think Rotary club or Kiwanis. So, if your practice doesn’t rely on referrals from your local peers, there is no reason at all to join. Some local ones offer attorney referral services in which your name gets thrown out to people who call in looking for a referral so long as you are a member, which may or may not be worth joining for depending on your viewpoint. The referrals might be so few and far between, or of such low quality (no-pay) that enlisting in the referral service might be a detriment, so consider accordingly.

Some states apparently require that you pony up the money. To be able to practice you need to belong to the Bar Assoc. (GA, NC, among others). Sorta sucks since you are getting hit for dues to the actual Bar and its social arm, Bar association whether you want to belong or not. After looking around a bit, I did find one real positive, some local bars give you access to FastCase (the poor man’s Westlaw), or similar single state based case law archives. That is assuming you need to do case research, which not everyone does.

My goodness, I almost forget what the local associations are best at… newsletters. I got so many junk bar e-newsletters that I setup a ‘Law Spam’ folder for them to all fall into. And of course, most of them also send you a paper copy once in a while too.

I suppose it is mostly irrelevant however. Its not like I have the money to throw away on them anyway.

Why should I renew? <– Pretty good discussion on pros and cons

Yes, Join the local bar assoc. <– He seems to just reiterate it is a social club…

Working for Free?

Check out this job posting… They are available all over the country, this one is merely an example. They have been ‘hiring’ for these unpaid positions for a bit over 2 years now. My question is, who the hell is agreeing to do this? A ‘Special’ Assistant US Attorney… I’m guessing the ‘special’ connotation is the right one to put in front of this. Lets briefly break down the job position. You don’t get paid. But you are supposedly required to work there full-time for a year (or possibly 18 months.. woo!) assuming responsibilities as if you do. Working there will not help you get a job there. In fact if a job opens up during the free year you have given them, they will not consider you for it even if you apply. And by the way, you aren’t allowed to work anywhere else either, plus you have to go take a random drug test for us to come work for free (I guess they also think you’d have to be on crack to consider this). There are also some implicit considerations for this position… no medical insurance. No malpractice insurance (even though you are working in a legal capacity for them as a lawyer). No actual status within the DOJ (so you cant even get a G rating to leverage yourself for later jobs). Oh, and since this isn’t a real Fed. position, your student loans will not be eligible for the forgiveness for working in a public sector position. Hope you enjoy clicking forbearance on your loans for the next 12-18 months (and have a spouse to keep you fed and housed).

So what is this?  A hobby? A career path with less money and benefits than a hobo?

Lets consider this like we would an internship.

Federal Fair Labor Rules governing Internships (PDF) (web link)

The following six criteria must be applied when making this determination:

  1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;
  2. The internship experience is for the benefit of the intern;
  3. The intern does not displace regular employees, but works under close supervision of existing staff;
  4. The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded;
  5. The intern is not necessarily entitled to a job at the conclusion of the internship; and
  6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

… If an employer uses interns as substitutes for regular workers or to augment its existing workforce during specific time periods, these interns should be paid at least the minimum wage and overtime compensation for hours worked over forty in a workweek.  If the employer would have hired additional employees or required existing staff to work additional hours had the interns not performed the work, then the interns will be viewed as employees and entitled compensation under the FLSA.

It sounds pretty similar… right? Except for the fact that you are expected to work full time, not for an educational benefit, for somewhere that definitely receives a benefit, and you are effectively taking the place of a paid worker, and hold all the responsibilities of a US Atty with none of the benefits, protections, or money.

But this isn’t an internship is it… It’s not even a fellowship. Crap, most of the time both of those are paid positions (or potentially so). So why does this position exist? Well, what if instead we look at some of the full US Attorney job postings, you might find that a great many of them state this:

Who May Apply: Due to the Attorney General’s hiring freeze, only current permanent employees of the U. S. Attorney’s Office and EOUSA may be considered and selected

Ahh… so now we see what this is. The US Attorney’s office needs more people, but can’t pay for them. So instead they ‘hire’ free people. I guess because they can. No one else in the US could… they would get sued for violations of fair labor standards out the ass. I guess the US attorney’s office figures no enterprising employment attorney is going to sue them over this. I wonder how that’s going to work out for them.

Do not pick interesting, pick easy: Course selection in law school

Sometime towards the end of your first year, you will once again be given a modicum of choice in your class schedule as you choose what to enroll in for second year. There will still be required classes you have to shoehorn into your schedule, but at least now you can choose to shoehorn them in at 2 in the afternoon as opposed to 7:30 in the morning. At this point, if your law school is anything like mine, there will be a required meeting where the Academic Dean will pontificate about what classes they think you should take. Don’t listen. Not even a little.

There is a myth propagated by everyone in academia. They themselves do not ever put stock in it, but they pay it lipservice at every turn. It is the myth of the well-rounded student. A few centuries ago when you went to college, you studied classics, history and philosophy, and math. A so called “classical education” which studied the Big 3 (grammar, logic, rhetoric). Then, slowly, as more universities sprang up you started seeing specialization. One university would be known for engineering, one would be known for the arts, another for business. People became attracted to those universities for that one facet… Think of Perdue, there is absolutely no reason to go there unless you are going for engineering. None. The majority of the money in the university gets poured into one department. A professor once told me he enjoyed reading the Fall course catalog at his university to see the ‘sexy classes’. You see, each year’s departmental funding by the university was determined based on Fall enrollment into that department’s various courses. So in the fall you saw courses like “the history of video games”, “Erotic literature: The Marquis de Sade to 50 Shades of Grey”, or… any of these. You also saw the gut courses which got rid of a required class like the so called ‘Rocks for Jocks’ class of Geology 101 which counted as your singular required science credit that every single person who had no science ability took.

I have never had one person give me any credence for a single class I took in college or law school. Employers ask for transcripts so they can see your class standing, they could care less if every single one of your classes was “The legal underpinnings and principles of basket-weaving”. So why should you? When you look at the courses offered, recognize that no one else will ever bother looking at what you took. Instead, choose based on what you know you are better at than most of the people around you. Additionally, remember… and I will reiterate… REMEMBER… Law is not an academic field. It is a practical field. A JD is a professional degree; the concept being that you will be vaguely prepared for the  practical education you will get in law once (if?) you are employed. An except from Wikipedia on the subject...

  • As a professional doctorate, the Juris Doctor is a degree that prepares the recipient to enter the law profession (as does the M.D. in the medical profession). While the J.D. is the sole degree necessary to become a professor of law or to obtain a license to practice law, it (like the M.D.) is not a “research degree”. Research degrees in the study of law include the Master of Laws (LL.M.), which ordinarily requires the J.D. or LL.B. as a prerequisite, and the Doctor of the Science of Law (S.J.D./J.S.D.), which ordinarily requires the LL.M. as a prerequisite. However, the American Bar Association has issued a Council Statementadvising that the J.D. be considered as being equivalent to the Ph.D. for educational employment purposes. Accordingly, while most law professors are required to conduct original writing and research in order to be awarded tenure, most only have a J.D. The United States Department of Education and the National Science Foundation do not include the J.D. or other professional doctorates among the degrees that are equivalent to research doctorates.

In short… not a whole lot you learn in law school is directly applicable to actual practice of law. In theory, law schools have been trying to fix this disconnect, in fact, they are still doing a crappy job (yes… even yours). So what am I trying to say? The takeaway is that your specific classes in law school by and large are not going to effect any decision an employer makes when looking at your resume. Instead they want to see GPA / class rank.

So what is that party line you are going to hear?

  1. You’re going to be be told to take Admin Law (which has no practical value), since you already are required to take Civ Pro and Con Law, this is an applied version of both together with damn little relevance to real legal work. Its basically the ins and outs of rulemaking in government agencies by people who aren’t lawyers, making arbitrary requirements for lots of other people who aren’t lawyers. File 3 copies of this; That’s the rule, don’t ask why… it just is.
  2. Everyone says take Appellate Practice, don’t. Every gunner in your class will take it, and as someone who argued in front of real appellate courts in my 3rd year, it bears no resemblance whatsoever to the real thing. It will only serve as a grade dump as you fight to convince the professor (who likely has very little if any real appellate experience) that your polished papers have a nicer font and margins than anyone else. Basic trial advocacy skills and solid brief writing will serve you 10,000% better in an Appellate Court than whatever your professor is trying to teach you.
  3. Constitutional Law II, or Con Law lecture applied to (death penalty, guns, etc etc). You would like to think you will someday use this wonderful high-concept rhetoric in defense of your client. You won’t. That’s not to say you don’t throw in a constitutional argument into briefs. Of course you do, “everything here violates the 4th your honor”. But the likelihood of getting it to stick is near to negligible, and it approaches the throw away Civ Pro arguments you also put in a brief hoping the judge wants to be lazy and dismiss on a technicality so they don’t have to work out a complex legal answer. Usually, when you win with one of these arguments you are shocked they bought it, and end up wistfully thinking how you would prefer they had actually decided on the merits instead.
  4. Any “pass the bar” sort of class. Sorry.. Face it. I know you are broke, but everyone just accepts that you are going to have to take BarBri to teach you what you need to know. No law school class teaches you your state specific law. It is all a general federal-ish mish-mash that at times teaches you comparative / conflict of law. To know what is actually tested, you have to just bite the bullet and take the outside bar review course. Don’t be cheap now that you already dropped over $100K on a worthless degree. Whats a few thousand more but a drop in the bucket you won’t be able to pay back anyway.
  5. Conflict of laws. You know how to research right? Then don’t bother. Big firms have compliance departments and neat-o computer software to make sure you don’t snag a cross-jurisdictional rule when dealing across state lines. Contracts by boilerplate define the jurisdiction of presiding law. The likelihood of a real conflict of law popping up for you is about the same as being attacked by an albino shark. And if you do have it happen, a few hours with Westlaw will fill you in. Save yourself the semester of pain.
  6. Historical law of anything. Remember… you are not getting an academic degree.
  7. Anything that sounds too PC… Feminist Theory of Law… Animal Law… anything that sounds a bit too granola-crunchy  — (Environmental law however is actually useful so there is an exception.)
  8. Patent. If you are eligible to take the Patent Bar (the likelihood is that if you are in law school you probably aren’t since it requires a technical degree or equivalent credits in science) Don’t. You won’t be hired by anyone, ever, to work with patents unless you hold a degree that ends in “engineering” (yes I am simplifying, but not by much). Your law class if it is like mine will have approximately 5 people total (I’m being generous) that can sit for the Patent Bar. If you aren’t one of them, don’t take Patent Law courses. It is worthless and arcane for you.

So, I’ve told you what not to take… I will make a quick mention of what you should take.

  • anything you are remarkably good at, or are damn near guaranteed of doing well in.
  • ERISA – boring, but applicable to job market and people are always hiring for it. Try to use it to leverage a job somewhere.
  • Tax – again.. only if you are good at this. I have found that much like science, a startling number of lawyers are horrible at math. Even basic math.
  • The small 1 credit courses your law school likely has which meets infrequently and is taught by a random non-academic lawyer. You are much more likely to get an A in it, if you are sociable you might even be able to swing an internship or connection from the lawyer teaching, the course material is invariably more interesting than the rest of the classes in law school. And all those 1 credits add up in the end if you keep putting them on your schedule whenever one fits.