Tuesday, June 30, 2015

Would-be lawyers, beware!

About forty percent of all lawyers are solo practitioners.  Another large percentage of all lawyers find themselves in very small partnerships, e.g., two or three lawyers, which is essentially the same thing as being a solo practitioner.  So if you go to law school, the odds are great that this is where you’ll end up.  Therefore, before you take the plunge and spend all that money on tuition, and yet another three years sitting in a classroom, you should take a look at what kind of money you can expect to earn.  Now, I’ve written several times about the incredibly embarrassingly low pay for solo lawyers, including here and here.  But, as the law professors like to say, that was just “anecdotal.”  So here’s some better salary data. 

Monday, June 29, 2015

Fixing Law Schools

Any reader of The Legal Watchdog -- or of ATL, LGM, OTLSS, LSTC, or 3TR, among others -- knows that law schools are desperately in need of reform.  But the problem is that most ideas for reform are pie-in-the-sky.  Why?  Because law schools are typically run by deans and professors and even clinical instructors who have never (or barely) practiced law, thus making serious reform a practical impossibility.  But reform, to some extent, can still happen.  And that's what I've written about in my latest essay, Three Rules for Educating Tomorrow's Lawyers.  Stay tuned for an upcoming podcast episode on the same topic; in the meantime, enjoy the essay!  And for those short on time, read the abstract after the jump:

Saturday, June 27, 2015

Swim with the Sharks

I don’t mind admitting that Shark Tank is flat-out addictive.  Essentially, five “sharks” — billionaires or multimillionaires looking to invest money — listen to pitches from entrepreneurs seeking capital for their businesses.  Sometimes the entrepreneurs’ ideas are so bad that the sharks will ridicule these people to the point of making them cry.  Other times, the business ideas have such profit potential that the sharks will fight each other for an ownership stake in the entrepreneur’s company.  Yes, I love Shark Tank, but probably not for the reason I’m supposed to. 

Saturday, June 20, 2015

Podcast: Episode 11: The Sixth Amendment Right to Counsel

Welcome to episode eleven of The Legal Watchdog Podcast.

In this episode we discuss the Sixth Amendment right to counsel and the case of State v. Delebreau.  Essentially, this constitutional right has been wiped from Wisconsin's history and has been merged with the Fifth Amendment right to counsel.  We discuss this unfortunate development, as well as how difficult it is to actually invoke your right to silence or your right to counsel under the Fifth Amendment.  (For more on that see pp. 922 - 925 of this article.)

Amy and Matt also do intense battle over an innocent Game of Thrones disclosure.  Don't worry, there are no actual spoilers involved, so fans of that show -- I actually thought it was a video game -- can still listen freely.  

To meet your podcast hosts, click here.

Our funky, jazzy theme song ("Cold Hurt") and our cool intermission song ("Rational") were generously provided by David Pizarro.  To hear more of David's music you can listen to his philosophy-psychology podcast Very Bad Wizards, or go directly to his SoundCloud page.

Finally, here is the podcast:

Friday, June 5, 2015

Podcast: Episode 10: The Preliminary Hearing: To Waive or Not to Waive?

Welcome to our tenth episode of The Legal Watchdog podcast.

In today's podcast we discuss the preliminary hearing in criminal cases in Wisconsin.  While the decision whether to waive or have the preliminary hearing rests with the defendant, we discuss the thought process that goes into the defense lawyer's recommendations on this point.  We also consider the limited benefits of having the hearing, as well as two serious but often overlooked risks of having the hearing.  The case that gave us the idea for this episode is State v. Hull, where the state was allowed to use hearsay at the defendant's prelim, and the defendant was prevented from calling a witness in his own defense.  During the podcast we also discuss the problematic case of State v. Stuart.

Toward the end of the episode when Matt gets out of line, as is his custom, Amy is forced once again to threaten both the stun belt and the restraint chair.

To meet your podcast hosts, click here

Our funky, jazzy theme song ("Cold Hurt") and our cool intermission song ("Murgatroyd") were generously provided by David Pizarro.  To hear more of David's music you can listen to his philosophy-psychology podcast Very Bad Wizards, or go directly to his SoundCloud page.

Finally, here is the podcast: