Don’t Forget the Small Towns

It is a commonly held belief among law students that practicing law in a small town is boring and not sufficiently rewarding from a financial standpoint.

That simply is not true.

A really good lawyer will do well almost any place. If you are not going to strive to be a really good lawyer, you won’t do well any place.

If you go to a small town to practice you will be surprised, if you have patience, just what you will find.

For 43 years I have practiced in Fond du Lac, Wisconsin, a town of about 45,000. For most of that time the majority of my practice was business law with an emphasis on mergers and acquisitions, but I also did a fair amount of estate planning and real estate. After my first five years of practice, this is all that I did. 

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Empathy Anyone?

As readers of this blog know, I lost my grandmother last fall. It was sad, but not tragic. After all, she was 99 and lived a long, productive, happy life. Last week, I (and my siblings) received a very formal letter from a lawyer with an enclosure — under Pennsylvania law, where my grandmother lived, beneficiaries of her estate are required to receive notice of her death. So, the lawyer duly enclosed the official Pennsylvania state language letting me know of my rights (to contest probate, etc.). The cover letter was equally formulaic:

Ladies & Gentlemen:

You will find enclosed with regard to the trust . . . the notice required under Pennsylvania Uniform Trust Act of your grandmother’s death on November 3rd, 2009.

Thank you for your attention to this matter.

Here’s the thing — this lawyer was at my wedding, invited to my son’s Bar Mitzvah, and has known me since I was 10. I get the same cover letter as someone he has never met — really? And, even if we didn’t know each other, the letter should be better. 

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A View of ADR as Part of the Process Instead of an Alternative to the Process

In law school I had the impression that Alternative Dispute Resolution was a practice area separate from litigation. Seemingly, there was a Chinese wall between the trial advocacy classes and ADR classes. After all, my ADR classes never discussed the techniques for cross-examinations, and my trial advocacy classes never discussed mediation or arbitration strategies.

The ABA Young Lawyer Division’s latest newsletter perpetuates that myth in an article entitled “Top Ten Mistakes Litigators Make in Arbitration.” Certainly, the article gives good advice in telling us what to avoid — serving excessive document requests, using delay tactics, not cooperating, not being prepared, introducing redundant testimony, and filing untimely submissions. However, that advice is equally applicable to litigation as it is to arbitration.

In my experience, the differences between litigation and arbitration are cosmetic. 

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