The Wisdom of King Theodoric

theodoricYesterday I was honored to speak at the mid-year graduation ceremony at Eckstein Hall.  Twenty three graduating students and hundreds of friends and family came together with Dean Kearney, faculty and administrators to celebrate the event.  What follows are my prepared remarks.

Dean, fellow faculty, invited guests, and most importantly, December graduates.  I am honored to be with you on such a momentous day.

Class of 2014, today is the day that you thought would never come.  Today is the day that you embark on your legal careers.  Even in normal times, the transition from law school to practice can be an anxiety-inducing event.  But these are not normal times.

The practice of law has been undergoing significant change in recent years.  Venerable old law firms, with names over a century old, are disappearing, through merger and bankruptcy.  It seems that lawyers are better known for their television commercials than for their legal arguments.  And the basic day to day legal work that law firms have traditionally relied upon to meet their overhead is now being outsourced offshore to cheaper lawyers in New Delhi and Manila.

I doubt that someone of my generation can even understand the challenges that you will face in your future careers, much less presume to offer you any advice on how to meet those challenges.

Let me give you some idea of how the practice of law has changed over the last quarter of a century.  When I graduated from law school in 1988, I went to work at a large law firm (at a job that I expected to have for my entire career).  I wrote briefs in longhand on yellow legal pads, and gave the sheets to a secretarial pool for typing.  And if I wanted to do any online legal research, I had to go to the firm’s sole designated Lexis terminal, which was located in the law firm library and which was hardwired via phone line straight into Lexis headquarters (because there was no such thing as the internet).

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Grilling By Judges? It’s Not Just for Moot Court.

NSAPerhaps it is because I just spent an enjoyable few weeks judging the Appellate Writing and Advocacy class moot court rounds, that lately I have taken a few detours while doing research. While reading some of the NSA phone data cases, I watched an enlightening and very entertaining appellate argument online. We may wait a long time to see video recordings of U.S. Supreme Court arguments, but the Circuit Courts of Appeal oblige us for some of their cases, which is a bonus for everyone including students.

Several plaintiffs’ lawsuits that challenge the National Security Administration’s phone records surveillance program are making their way through the federal courts. Plaintiffs in these cases have claimed the NSA data grab violated their rights under the Fourth Amendment or that Section 215 of the Patriot Act, the original basis for the surveillance under President George W. Bush, cannot reasonably be interpreted as allowing the program. For students who participate in a moot court competition, or are considering it in the future, video of the oral arguments in these cases provides an opportunity to learn something about the privacy issues and also to see the types of questions and atmosphere an attorney might expect from a federal appellate panel.

Continue ReadingGrilling By Judges? It’s Not Just for Moot Court.

Want to Have a Strong Legal Career? Find a Good Mentor.

MentorThis article in the ABA Student Lawyer Magazine discusses the benefits of having a mentor. A mentor can help you acclimate to your new role as a lawyer.  A good mentor will make your life easier both at your office and in external venues.  Your mentor can teach you how to communicate effectively with clients, can show you how to handle technical and procedural matters that may otherwise be hard to learn on your own, and can introduce you to top management at your place of employment.  Having a mentor can speed up how you learn to be effective in your job.

Continue ReadingWant to Have a Strong Legal Career? Find a Good Mentor.