The Red Velvet Lawyer

Writing Imperfectly While We Strive for Perfection Pam Jenoff -- in her  article :  The Self-Assessed Writer: Harnessing Fiction-Writing Process to Understand Ourselves as Legal Writers and Maximize Legal Writing Productivity,  10  JALWD  (Fall 2013) -- admits that students have a hard time committing fully to the timed writing exercise I described in my last post. She explains: When I use Goldberg’s exercise with writing groups, I read a passage that explains the importance of such exercises in silencing our inner editors: "Our “monkey mind” says we can’t write, we’re no good, we’re failures, fools for even picking up a pen; we listen to it. We drift. We listen and get tossed away. Meanwhile, wild mind surrounds us—sink into the big sky and write from there, let everything run through us and grab as much as we can of it with a pen and paper. This is all about a loss of control." Janoff then asks her ...

Vomiting on the Page The timed writing exercise can help a writer jump start the creative writing process.  Pam Jenoff, in her article :  The Self-Assessed Writer: Harnessing Fiction-Writing Process to Understand Ourselves as Legal Writers and Maximize Legal Writing Productivity,  10  JALWD  (Fall 2013) describes the technique: Keep your hand moving. Frequently, a writer pens a sentence, then stops to consider it and edit, losing the flow of the idea. This exercise requires the writer to commit to writing without stopping for a specific period of time.  Lose control. Write without fear that the work is not good enough — a common problem that can stop writers mid-project. This underscores the idea, which many of us already teach in both legal and fiction writing, to “get it out there” and then fix it up later.   Be specific. Even on the first draft, look for language that gets to the heart of what you are trying to sa...

Recognizing the Source of Writer's Block A plodder is the type of writer who creates an outline or a well-established story structure before he or she ever begins writing.  A pantser -- as the name indicates -- flies by the seat of his or her pants. A pantser writes first, then organizes later. So says, Pam Jenoff, in her article : The Self-Assessed Writer: Harnessing Fiction-Writing Process to Understand Ourselves as Legal Writers and Maximize Legal Writing Productivity,  10 JALWD (Fall 2013).  Jenoff also suggests that each writer is both plodder and pantser depending on a number of factors, including: The nature of the project Size Subject matter Etc. Whether one is co-authoring. Whether one is required to submit an outline in advance of publication. Each type of writer faces different challenges when it comes to the next stage of writing.   The free-writing pantser often can't get the material she's written properly organized...

Non-Fiction Storytelling Advice for Lawyers Lawyers tell persuasive non-fiction stories in letters, briefs, motions, negotiations, transactional representation, and oral arguments. The Fall 2013 issue of the JALWD, the journal for Association of Legal Writing Directors , suggests two books that will make lawyers even more effective at describing the situations of the clients they represent. The reviewer of the first book, Jack Hart's Story Craft: The Complete Guide to Writing Narrative Nonfiction (U. Chi. Press 2011), notes that people learn best when they receive information through story. Neurobiologists have watched fMRI images of people thinking in story structure. Hart explains: [S]tory is story. The same underlying principles apply regardless of where you tell your tale . . . . Successful nonfiction storytelling requires a basic understanding of fundamental story theory and story structures the theory suggests. Ignore them, and you’ll fight a losing...

Distinguished Alumni  of the  Appalachian School of Law:  David J. Robinson David J. Robinson is the Senior Legal Advisor at the Illinois State's Attorneys Appellate Prosecutor's Office in Springfield, Illinois.  Effective January 1, 2014, he will become its Deputy Director. Thus, in only seven years following graduation from the Appalachian School of Law in 2007, his career has taken him to this high level of responsibility and leadership in state government. As a Senior Legal Advisor, David prepares special prosecutions and the defense of criminal appeals.  Thus, his experience on ASL's Moot Court team prepared him for this career path. As a member of the Director's office, David helps to "promulgate[] and implement[] the rules and regulations governing the administrative and legal functions of the District Offices. The Director's Office is responsible for all Agency administrative and managerial functions, legal policy ...

Distinguished Alumni  of the  Appalachian School of Law:  Judge Daniel T. Boyd Daniel T. Boyd became a Juvenile Court Judge in August 2011, less than a decade after graduating from the Appalachian School of Law in 2002. Judge Boyd is lifelong citizen of Rogersville and Hawkins County, Tennessee.  He graduated in 1994 from the Cherokee Comprehensive High School and in 1998 from the University of Tennessee, Knoxville. Prior to ascending to the bench, Judge Boyd practiced law in Rogersville with his father. Daniel is married to Melissa Cupp Boyd and has two children, Eli and Anna Mae. Tennessee Juvenile Courts Tennessee offers the public 98 juvenile courts with 109 juvenile court judges and 45 Magistrates serving parties appearing before them. Of these 98 courts, 17 are designated "Private Act" juvenile courts while the remaining 81 are general sessions courts with juvenile jurisdiction. At least one juvenile court exists in each of the state's 95...

15,000  Page Views Friends, family, and colleagues: Another milestone reached!  This time with the help of Brian Leiter , an ABA Top 100 Blawgger, who linked to several of my postings this month.

Being a Thankful Lawyer, No Matter the Firm Size The Attorney at Work blog this week reminds us to "bloom where we are planted."  Each firm practice setting -- solo, small firm, and big firm -- offers practitioners many opportunities to be thankful. Blogger Merrilyn Astin Tarlton reminds us that: In a Solo Practice You can dress and decorate how you please. No one is going to question your choice of socks or hair color (what purple streak?) or office accessory — even if it’s a Pomeranian. It’s a simple matter to change your mind and do things differently for a while. You don’t have to be a systems engineer to know what’s going on. It’s all happening within arm’s reach. A person can get a little peace and quiet around there. You don’t have to wait for other people to make up their minds about how much money you can take home. Firm name? A no-brainer. You can run like the wind and stop on a dime. In a Small Firm You can say “Good morning” to every pers...

Distinguished Alumni  of the  Appalachian School of Law: Chris Fortier As the press release describes:  In less than a decade, ASL alumnus Chris Fortier earned one of the highest honors bestowed on a young lawyer by the Virginia State Bar . The Bar's Young Lawyers Conference awarded Chris its 2013 R. Edwin Burnette Jr. Young Lawyer of the Year Award. The award recognizes young lawyers who demonstrate dedicated service to the conference, the legal profession, and the community. It is named in honor of Lynchburg Judge R. Edwin Burnette Jr., past president of the VSB (1993-1994) and the YLC (1985-1986), with whom Fortier is pictured. Fortier served as chair of the Young Lawyers Conference (YLC) annual Professional Development Conference for two years and then expanded that program from Richmond to a second location in Northern Virginia. The Professional Development Conference provides courses in basic substantive legal skill training to Virginia ...

" Toxic" Press Environment  for Law Schools? At the October 2013 conference of the Midwest Association of Prelaw Advisors, Washington University School of Law Dean, Kent Syverud, gave a speech on the Future of Legal Education .  I have discussed different aspects of the speech in several postings . At one point, he identified the current press environment surrounding law schools as "toxic."  I recently had my own experience with this press environment. Yesterday, Brian Leiter discussed this toxic environment in his own blog , which I highly recommend. A Complex Set of Factors This week-end, I finished reading Brian Tamanaha's 2012 book,  Failing Law Schools . I found his discussion of the ABA regulatory environment of law schools especially interesting.  While it created high quality law schools, it also drove up the price of a legal education by requiring additional "inputs," including higher salaries for faculty members; more tim...

Appreciate the Recognition for ASL's Mission! I got back from some restorative massage to find a nice email from ADR colleague, Art Hinshaw, a blogger on ADR Prof Blog . He congratulated me for getting recognition from Brian Leiter's ABA Top 100 Blawg for my recent posting on job prospects for future graduates. Here's Prof. Leiter's posting: Thursday, November 21, 2013  We are on track for there to be more new jobs for lawyers than there are new law school graduates... By Brian Leiter ... by 2016 or 2017 . Hopefully this will help some of those currently unemployed, but it is also probably quite good news for those starting law school now or next year. (I commend Professor Young for taking the time to run the numbers, which in the current toxic cyber-environment where facts are never welcome [recall the irrational reception in cyberspace of the Simkovic & McIntyre study , even though it completely altered the terms of debate in the real world]...

The Tide Turns Again? New Jobs Exceed the Number of Law Graduates in 2016? At the conference of the Midwest Association of Prelaw Advisors held at the end of October 2013, Professor Jerry Organ predicted that jobs would exceed the number of law school graduates in 2016 (as I recall). He suggested that the market would turn because applicants to law school would continue to decline while the trend in new law jobs would hold at least steady. So, here is my attempt at supporting this prediction.  I am using data provided by LSAC at the MAPLA conference, which I have discussed in earlier postings.  I am also relying on data provided by NALP . I make the following assumptions: Enrollment of first-year law students will decline by 8.0% from the previous year through the 2015 entering class. Each entering class experiences an attrition rate of 12 percent. So, only 88 percent of each first-year class graduates three years later. New full-time jobs in three categori...

Branding:  The Event Branding, as in a consistent brand identity. It is all about the perception you create about yourself in others. I have spent the last three days in a lovely hotel in Del Mar outside San Diego getting an intense exposure to the rules, concepts, and goals of branding.   The event sponsor,  Re Perez , brings years of expertise to his business of helping entrepreneurs become more successful.   The program has helped me identify my core values and clearly define my purpose.  I'm excited about the potential. He has also partnered with other entrepreneurs who have taught sessions on Facebook marketing and a "touch" management system called Infusionsof t. I wish our students and alumni could get this training and this service.  The results of these systems and approaches are nothing short of impressive. Today, I plan to win a $20,000 consulting package for the law school in a raffle. Please send your w...

Appalachian School of Law Distinguished Alumni: General Sessions Court Judge  J. Todd Ross J. Todd Ross graduated from the Appalachian School of Law in 2002, and like many of his ASL colleagues, rose quickly to a position of service, responsibility, and power.  A decade after graduation, Hawkins County, Tennessee voters elected him to the position of General Sessions Court Judge .  Ross, a Republican, handily defeated Democrat Terry Risner by 2,819 votes, 4,064 to 1,245.   Ross will serve the remainder of an eight-year term that began in 2006.   Ross intends to run for re-election in 2014. "I hope to be Hawkins County's General Sessions judge for a long time."   The jurisdiction of  General Sessions Court s varies from county to county based on state laws and private acts. This court of limited jurisdiction hears both civil and criminal cases and one serves every county. Legal requirements limit the court's civil jurisdictio...

Distinguished Alumni of the Appalachian School of Law: District Court Judge  W. David McFayden III W. David (Dave) McFayden III provides another example of the quick rise to leadership, power, and responsibility many of the alumni of the Appalachian School of Law experience.  A 2005 graduate of the law school, in 2012, Dave ran against an incumbent judge to win the position of District Court Judge in the North Carolina 3B Judicial District.  He serves the people of Craven, Caeteret, and Pamlico counties. North Carolina District Court Judges serve for four years and must reside in the district in which they are elected.   The District Court Judge hears both civil and criminal cases, most typically cases involving amounts in controversy of $10,000 or less. The District Court also hears domestic relations cases involving alimony, child support, child custody, divorce, and equitable distribution. Juvenile matters also fall within the jurisdicti...

Who Should Go to Law School Today? At the MAPLA conference in late October, which I have covered in several postings , Washington University School of Law Dean Kent Syverud described three things: Who should go to law school today; Who should not go to law school today; and Which school a student should pick.  Who Should go to Law School Today? You should still go to law school, despite the debt-to-annual income ratio , if you: Care passionately about obtaining the skills needed to change the world; Will make sacrifices to earn the J.D. degree; Will be astute at figuring out how to get an affordable education; Will be flexible and adaptable to the changing career landscape; and,  Will be adaptable to obtaining new skills as that landscape changes. Who Should not Go to Law School Today? Dean Syverud also advised that you should not go to law school if: You don't know what else to do; It only helps college or unive...

Graduate School Bubbles Bursting Across all Professions? One of my colleagues forwarded this story  appearing in The New England Journal of Medicine .  The story provides an answer to the following question: "Are we in a medical education bubble market?" The authors answer that question in the last paragraph of the story and suggest a difficult future for other professional schools. Although it seems unlikely that we're in a bubble market for medical education, we may already be in one for veterinary medicine. That bubble will burst when potential students recognize that the costs of training aren't matched by later returns. Then the optometry bubble may burst, followed by the pharmacy and dentistry bubbles. At the extreme, we will march down the debt-to-income-ratio ladder, through psychiatrists to cardiologists to orthopedists . . . until no one is left but the MBAs. It explains: In medicine, students buy their education from medical schools an...