I’ve learned how to take my work being killed in stride. Maybe... I smile and tweak and go back to the drawing board and nobody ever suspects that the whole time I want to flip the table and walk away from the industry. Will that ever go away?
Currently approaching my third semester and work has been picking up since the new year. I don’t want to take on new initiatives at this point and I am typically a person that has a hard time saying “no”. Is it appropriate to let your manager and team know that you won’t be as active as before? I just need advice on how to approach this situation lightly because I am always tired and in pain 😞
Is flipping houses worthwhile? I like decorating and renovating, so I'm thinking that maybe I could go into this and try my luck.
Any 420 friendly 🐠 want to hang out sometime? M, F, non binary, all are welcome. Be nice to partake in some good good and then go destroy some delicious food 😄
What type of job duties does one do in healthcare administration? Interested in healthcare but getting tired of consulting.
I have cleared all the rounds with Wells Fargo, waiting for HR discussion. YOE 8 years, Skills: Azure, MSSQL, MSBI.. How much can I ask for ? Current CTC: 16 Lakhs
I will be teaching Chemistry this year in a modular classroom with no lab area. Any suggestions on virtual labs? We have chromebooks at ourvschool.
Desi folks, I’m newly married - I make 175k and my husband makes 140k. Advice on how we should go about managing our finances? What has worked best? He has a student loan but my dad funded my education and I have to pay my dad back but without any interest/deadline etc.
Today our Director said something along the lines of, if we aren't in shape, we are giving the company a bad look. That everyone should step up in terms of professional appearance. While agree with the general sentiment of exercise, I'm not sure it landed well because everyone is different. What do you guys think about this?
Does BCW not allow conservatives to be employed at this company? I’m sitting through another meeting where we are highlighting amazing women and it is so politicized I am completely offended. AOC, Biden, Ilhan, Hilary... I mean at try to be inclusive when speaking of diversity. You can’t name a single female in the Conservative party throughout history?
I have been practicing in creditors rights/foreclosure in PA & NJ for around 4.5 years. Due to the foreclosure/eviction moratoriums there is no work to do and I was furloughed. I am looking to change directions- what is the most logical next move?
Service based me kam karta ho par FAANG stock kharidta ho😅😁
Tata Consultancy Infosys Accenture Amazon Microsoft Google Wipro
Anyone know what Grey West is doing?
Additional Posts in Litigation & Arbitration
Litigation attorneys practicing in the Western District of Arkansas - is there any rule prohibiting replies to motions in limine? I just checked the local rules and did not find anything addressing replies other than MSJ motions, so I’m assuming it’s fine but want to double check.
Advice on becoming a better writer?
L&E 4th yr. Still feel “paralyzed” when assigned a task that involves “new” writing (not just reworking brief already in the can). Want to improve speed & quality
Med mal rates are low. I love the work but worry about other partners not valuing me because I have lower rates than they do. Anyone else dealing with this?
Exit options for Med Mal?
Internal Thoughts: Being a lawyer is already stressful enough, but these BILLABLE HOURS can kiss my entire ass! Aside from going in-house can anyone recommend some other career paths in the legal field that don’t require billables? Thanks in advance 🥲
One of our younger associates forgot to include an affidavit in a SJ motion. Opposition pointed that out in their papers and the judge denied the letter to the withdraw the motion. Any way around this?
I lateraled from ID to BigLaw. I am finding that the staff upon which I must now rely are not nearly as knowledgeable, skilled and well-trained as those I worked with at my last firm. I am constantly correcting their mistakes and realizing they need a lot more supervision than my previous staff. I was once a paralegal, so I try to give as much grace as I can - knowing that we rise and fall as a team. But an error this week sent me over the edge and I'm beyond frustrated. Advice?
Law clerk still figuring out legal research. My firm uses Lexis and I did some jury verdict research. A partner later asked that I limit this to sustained verdicts but I can’t figure out the best way to do this. I reached out to Lexis, but their recommendation that I add “outcome(sustained)” brought my results to 0 no matter how wide I made the search. Is there a better way? Is there a way to check the cases I had found previously? Any advice is appreciated!!!
Thoughts on filing a securities fraud claim in state court?.. Case will include other claims such as breach of fiduciary duty, and common law fraud.
What’s the best way to track billing in real time so as to not miss or forget short conversations or quick reading of short emails etc.? I bill daily, but I still feel like the chaos of a litigator’s day leaves opportunity to forget about all of the little things that pop up every day
Poll time, what’s the worst part of your day-to-day jobs? Personally, I’d rather mow Augusta National with a pair of scissors instead of compiling discovery responses.
What is the longest deposition you’ve sat through? …..I’m currently in one thats been going for 10 hours. 🙃
Scheduled for a binding arbitration hearing next week in court, and finalizing my opening and closing statements. How fast and loose can I play with the pleadings? Contd
1st year associate in a small/medium personal injury firm. When is it too early to ask for a raise? Should I wait until my annual review in November?
Tips on attacking an MSJ? Most efficient strategy so that little time is wasted? I thought maybe I should start by addressing the Memo. Then I’d know the facts that really need to be disputed as well as the facts that I need to add to make my arguments. This seems like the most efficient attack plan, but I’m open to hear any suggestions! Thank you!
My client (subK) was never paid by the gen K or the property owner for work/materials and wants to sue. However, they had no K with the property owner, only with the gen K. Other than unjust enrichment, what other claims could we assert against the property owner in the absence of a K between my client and the prop owner. I’m pretty weak on agency/contract law but want to do a good job for the client (the first one I’ve originated as a 1st year).
Any feedback on FisherBroyles?
Could anyone elaborate on or point me in the direction for info on AUSAs, when it comes to restrictions on trading securities? I know the SEC is very strict and has a blanket rule for all attorneys, but not sure about DOJ attorneys (and whether it depends on what office/unit/section you’re in).
Debating getting out of the legal game after 22 years. How can I do so successfully? Where do my skills translate?
New to Fishbowl?
unlock all discussions on Fishbowl.
Honestly this is something I've thought about alot. I clerked at the district Court level and while good briefs made my job alot easier, I often felt like the briefs didn't matter because I would essentially just do everything from scratch. The briefs were mostly helpful for their facts sections. Now that I'm back in practice I am slightly depressed how much time is spent wordsmithing and making tiny changes that are not completely irrelevant to the eventual outcome.
Don’t federal courts put more resources into the effort? I don’t think most state courts do everything from scratch when evaluating a motion and may rely more on the briefs.
All I know is they don’t matter near as much as the in-house counsels littering my papers with irrelevant commentary in track changes seem to think it does.
I think it depends on the type of case, the venue, and other circumstances. The writing seems to matter more in federal court than state court in my experience. Sometimes good motions or briefs can preserve issues for appeal or narrow down the parties or scope of claims and give you an advantage later during discovery (and hence at trial or when it comes time to settle the case). Remember, the end goal is to add value for your client. That doesn’t always mean getting a verdict or an outright dismissal. You do what you have to do to get the best deal by winning as many of the small battles in the war as you can sometimes.
Sometimes the more obstacles you throw at a plaintiff and the harder you fight, and the more prepared snd capable you are, the more likely it is that they’ll settle for less than what they wanted, or they’ll foolishly charge into trial out of greed and lose because you are better prepared and postured, or because you have protected the record well.
But other times it’s just pissing in the wind, and an exercise in futility - Fighting battles you know you’re not going to win or derive a real benefit from just isn’t helpful. Or sometimes you are just in a crappy state court venue and nothing is going to go your way. No matter how crappy the other side is, they keep their case alive and it doesn’t even matter what you file. So you may as well just not file certain motions and avoid telegraphing your positions. You may as well just lay as low as possible, protect the record and try to win at trial.
Other times your case just sucks and you have to cut a deal without wasting time and money.
There’s no right or wrong overarching answer because it just depends. But either way, it’s work and gets you a paycheck.
I think you need to how your court and judge functions and what types of motions are successful. For example, you can have the best written demurrer. But a California state judge is unlikely to grant the motion with prejudice, especially in particular types of cases.
You also need to define success. Sometimes the purpose of the motion is educating a judge. Sometimes it’s to narrow the focus of trial. Remove damage issues. I think on all of these fronts, good briefs matter.
Briefs are for the appellate court. Lots of trial judges don’t read them. They’ll have their clerks read them and then summarize the arguments for them. You should still submit good briefs, but be prepared to educate your judge at oral argument as much as possible. If you get the sense your judge doesn’t read the briefs, ALWAYS ask for oral argument.
As a former clerk, I agree with what A1 and C1 both said. A well written brief made life easier. But I don’t think a well written brief will “win” the brief especially at the district court level. I will say that a poorly written brief can cost a party. This is because poorly written briefs are often accompanied by poor arguments. Additionally, if you fail to tie the argument to the facts and the facts are unclear, the court could miss a fact the party needs to prove. And a court is not obligated to search the record for facts.
Now that I practice, I do nitpick the minor details of my briefs. But I don’t do so because I worry about the court seeing a little error. Small mistakes are likely to be ignored or missed by the Court. But I strive to catch all the little mistakes because I find that if I and my staff are engaged at the level that we’re catching the little mistakes, then we’re much less likely to make larger mistakes. If I’m not focusing on the little mistakes, then I find me and my staff making bigger mistakes. So I think there’s a benefit to focusing on the little things, even if that benefit isn’t in Court.
I find judges are just as biased as any normal person and will rule based on those biases no matter how good the brief. What is most frustrating, though, is their opinions sometimes make it abundantly clear they didn’t read the brief and didn’t even care and restate the law incorrectly. I have a bunch of respect for judges in that they can become very knowledgeable in all areas of law, something I could never do. But when they get a brief from a lawyer who has practiced solely on that area their entire career, you would think they would take the time to read what that lawyer has to say, because as smart as that judge is, the lawyer probably knows more about the law in that case than the judge. But they don’t even bother and just write their opinion based on what they think the law says.
I clerked at a state trial court and the written submissions from attorneys were beyond helpful because I didn’t sit in on the trials and hearings (assigned to multiple judges at a time) so I needed the background info. Plus, half the judges told me what they wanted the end result to be and I created the decisions to back them up while the other half left it up to me to write the judgments and memos deciding a case. While there was no one memo/post-trial submission that won the case, I can say that the credibility of one side can be helped by well-written pleadings.
Judges can be unpredictable, and I find the vast majority are decent people who were good lawyers. However many trial courts have district judges field a variety of cases beyond what they practiced, so the judges sometimes don’t wholly understand the complexity of issues in front of them (I.e. a judge who only ever worked as a prosecutor presiding over a qui tam case or a products liability class action). Thus, judges who are not well versed on some areas of law will sometimes pick the winner of an issue based on who has the simpler explanation and/or more digestible writing, even if that explanation isn’t painting the whole picture of an area of law or accurately applying the law. Or, if they are unsure about an issue, they will often rule in the manner least likely to be flipped on appeal.