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Like this cartoon? Send it to friends, clients or
colleagues on greeting cards. To order, visit
The Billable Hour Card Store.
Suzan Charlton is a professional cartoonist who
is rumored to practice insurance coverage law as a
hobby for a major Washington D.C. law firm. Her
cartoons cover a wide range of law-related topics,
from law school grades to law firm romance.
Song of the Month:
The Billable Hour Blues
by Dan Klau
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.
Available on
The Billable Hour Blues
When I was 21, my Dad said to me,
"Son, its time for you to decide what you're gonna
be."
I said, "I've thought about it, Dad,
Don't want no MBA."
He said, "Then how about med school,
Wouldn't' that be o.k."
I said, "no M.D. for me Dad,
Of that I'm sure.
I think I'll go to law school,
Just a three year tour."
I took the LSAT in my senior year.
I got a 41 and I began to cheer.
I went to Harvard Law School,
Got a gentleman's C.
A big Manhattan law firm recruited me.
So after graduation I went there for a job,
And ever since I did all I've done is sob.
Why?
I've got the billable hour blues,
That's what I got,
I work 18 hours a day,
My eyes are bloodshot.
My life is a time sheet,
Filled with six minute slots.
I know I make good money,
But my stomach's tied in knots,
The worst thing about it,
I'm sure you'll agree,
Is that I'm just a fungible commodity.
I spent my first few years in the firm's
library,
Researching memos on legislative history.
On spent my next years in a small, damp room,
reviewing documents,
all morning and afternoon.
In my fifth year, I finally went to court.
I carried the partner's briefcase like some damn
consort!
In my eighth year I had my very first trial,
I picked a jury, and I began to smile.
After 8 years of pushing paper every day,
I was finally having fun, hip, hip, hooray.
But the case settled, like they usually do,
Whenever people decide to sue.
I've got the billable hour blues,
That's what I got,
I work 18 hours a day,
My eyes are bloodshot.
My life is a time sheet,
Filled with six minute slots.
I know I make good money,
But my stomach's tied in knots,
The worst thing about it,
I'm sure you'll agree,
Is that I'm just a fungible commodity.
In my 9th year, I got that dreaded call,
From the managing partner
So I walked down the hall.
Then he told me, it was not meant to be.
"Son you're just not partner materiality."
At first I cried,
But then I danced a jig,
'Cause I was finally free of this lousy gig!
So I went out, and found myself a new job.
I'm still a lawyer, but now I work for the
mob.
Defending scumbags, that's what I do.
At least I'm happy, something I never knew.
No more damn time sheets, I threw them all
away.
Now I just whistle, throughout the working day.
Just one of the hilarious songs on
To view Juris Comic,
click here
Poeticus Lex: Trust
Me
by Fred C. Russcol, Esq.
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The account is in my name, I see,
But the monies don't belong to me;
I hold them for my clients' sake— Of these
funds I cannot partake,
For the fine Attorney Discipline folks
About this don't go cracking jokes;
If my income should go bust,
I cannot violate this trust,
Even if my fisc's bereft,
Taking from these funds is theft—
If trust accounts are overdrawn,
They'll disbar my pinstriped butt at dawn.
Fred C. Russcol, Esq. is Of Counsel to Castro
& Remer, P.C. in Ossining, New York. This poem
was originally printed in the Westchester Bar
Journal and is reprinted with the permission of the
Westchester County Bar Association.
- Tips from the Trenches: The
Sound of One Witness Thinking
- Feature Article: Is Practicing
Law Fun?
- Stu's Views
- Greetings From TBH: More than
Just Christmas Cards: Billable Hour
Card Store Carries Cards for All
Occasions
- Cartoons by Dan
- Video of the Month: My Attorney
Bernie
- Special Book Excerpt: Many a
Quaint and Curious Volume
- Lawtoons
- Song of the Month: The Billable
Hour Blues
- Cartoon: Juris Comic
- Poeticus Lex: Trust Me
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Tips from
the Trenches: The Sound of One
Witness Thinking
by Mark Solomon
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Preparing a witness for trial or
deposition testimony is allocated
surprisingly little time at legal seminars.
Its importance is never made clearer than
when your client suffers a melt-down on the
stand, effectively terminating any hope for a
favorable verdict. A fundamental difficulty
that needs to be explored is the disconnect
between normal speech and testimonial speech,
and how speech gets processed by the
mechanics of a courtroom or deposition. As
attorneys, we learn to navigate this
disconnect instinctively; as counselors we
must initiate our clients to the ways of the
law.
Years back, I carefully prepared a client
for the deposition, and instructed him to
confine his answers to the questions posed.
Nevertheless, within minutes, each of
opposing counsel's questions elicited a
barrage of extraneous detail, unhelpful
explication, and Joycean
stream-of-consciousness babble.
Occasionally, something responsive emerged
from what otherwise sounded like
speaking-in-tongues. By the fourth or fifth
request for a read back the court reporter
looked prepared to strangle me (because as
we all know, it's always the lawyer's fault
when the witness makes a reporter's job
harder).
It was going to be a very long day if I
didn't intervene. Here's a valuable
deposition tip: I always have a cup of
coffee, can of soda, or bottle of water in
front of me, to justify a "bathroom break"
during which I hold a brief corrective
conference with the errant client. I made
my move within five minutes of knocking
back my first cup of coffee. The reporter
beat me out of the conference room,
possibly because she was going to her car
to retrieve a weapon, or more likely
because my client did not understand that
he needed a bathroom break too! Here's how
our conversation en route to the facilities
went:
Client: How am I
doing?
Lawyer: Well, you seem to
be having some trouble keeping your answers
to the point.
Client: (Indignantly) What
do you mean?
Lawyer: We spoke about
this earlier; just answer the
questions—stop volunteering
information.
Client: (Rising hostility)
I am NOT volunteering information; you told
me to think about the questions before
answering them; I'm just thinking out
loud.
Lawyer: Thinking isn't
supposed to make any sound; what you call
thinking out loud, we call testimony.
Witness preparation is not
complete until you've observed their
conversational style, noted any verbal habits
or tendencies that might lead to problems,
and brought them to the witnesses' attention.
You have to strike a balance: on the one
hand, you want your witness to appear
comfortable and to speak naturally; on the
other hand, testimony is decidedly not like
normal conversation, or an interview. Every
utterance is potentially part of a permanent
record, every gesture is observed and judged,
and answers must frequently be directed to
people who did not ask the question. The
witness who understands this can confidently
handle herself under questioning by adverse
counsel.
Tips from the Trenches, a new
occasional column by Billable Hour Company
partner Mark Solomon, provides a wry look
at real-life law practice.
Is
Practicing Law Fun?
by Julie Fleming Brown
|
I've been having some interesting
conversations lately with lawyers who demand
a career that's intellectually demanding,
satisfying, financially successful, and fun.
Fun? Can something as serious as practicing
law be fun? These lawyers won't
settle for less. I've discovered 5 common
attitudes and habits among these
lawyers—how many do you share?
The lawyers I've met who insist on having
fun (and who are, incidentally, deeply
satisfied with their career and practice
choices) are a divergent lot. Some practice
in large firms, some are solos, and some
practice in a midsized firm, in-house, or
in a government agency. Their practices
range the gamut from corporate to criminal
to litigation, and their backgrounds are
just as variable. But I've noticed 5 key
similarities. Lawyers who have fun:
-
Are invested in their
practices. Whether it's a deep
commitment to a particular kind of client
(those who've suffered a brain injury,
for instance) or to some agenda he or she
advances through practice (representing
domestic violence victims or lobbying for
stronger legal protection for animals),
lawyers who have fun in practice have
something at stake in their work. There's
an underlying purpose and value to
practice for them, and they're energized
by it.
-
Are able to laugh at the
absurdities of practice. Every
lawyer knows how utterly ridiculous
practice can be at times. Experts take
completely unsupportable positions and
refuse to budge despite the evidence.
Clients insist on the unattainable in
ways big and small. And things just
happen. So much of practice is deadly
serious, but the lawyers who have fun
know when and how to laugh, and they
enjoy the humor.
-
Find ways to integrate hectic
practice and hectic personal
life. Lawyers who have fun in
practice know that all work, all the time
is a recipe for burnout, so they strive
to maintain boundaries around their
personal time. By intentionally taking
time away from practice (whether it's on
a weekly basis or whether it comes in the
form of 2-week vacations when they're
absolutely unreachable), these lawyers
preserve their energy with time away so
they can be fully engaged when they're
practicing.
-
Enjoy colleagues and
clients. Lawyers who have fun
like and trust the people with whom and
for whom they work. Camaraderie lightens
the mood (I remember and have heard all
sorts of stories about working all night
and staying energized by the other
lawyers working then too) and offers
opportunities to bat around ideas,
strategy, and arguments, all of which can
lead to great legal results and also
great fun.
-
Relish the bold and
unconventional. Lawyers who have
fun in practice enjoy taking a step out
of the expected. Maybe it's pulling words
from The Devil's Dictionary or making
notes on an upcoming argument with a
purple glitter gel pen or using
dictaphones to record Dueling Banjos on a
slow Friday. Or maybe it's getting a
little work done in the park on a nice
spring day. The specifics don't matter,
but these lawyers have a healthy sense of
play, individuality, and perhaps even
rebellion.
Want more? There's a new website out
called LawIsFun.com. Although
the site appears to be fairly barebones for
now, more is promised soon. Its mission
statement is encouraging:
Why Law Is Fun
We all had good, good reasons to attend
Law School. Disappointment, frustration,
and anger may have set in and distracted
some very good practitioners from being
satisfied with their profession.
But those reasons still reside in their
hearts and minds. Not only is this a
profession that can provide an amazing
amount of personal satisfaction, but
there are copious opportunities to have
fun while doing it. This does not mean
that you will be wearing clown paint to
court, just that you can achieve a level
of happiness and satisfaction beyond the
frustration and anger.
The time has come for us all to remember
what it was that drove us to sit through
the LSAT, three or four years of law
school classes and then one (or more) bar
exams just to get into the profession.
Money? Pride? Satisfaction? Helping
people? Being able to say "It'll be
okay—I'm a lawyer"? Whatever
your reason, it's as valid today as it
was when you first started on this path.
It's time to rediscover and re-embrace
that reason. And, Lawisfun.com is here to
help!
I hope it'll prove to be a good
resource.
Julie Fleming Brown provides
professional and personal coaching for
lawyers on topics such as client and
professional development, job searches,
career transitions, and work/life balance.
She is also certified to provide the DISC®
assessment. Please visit http://www.LifeAtTheBar.com/
for more information and to arrange a
complimentary coaching exploration session.
To get your free Life at the Bar Survival
Kit, go to http://www.lifeatthebar.com/MenuSignUp.htm
Remember, March is Women's History
Month!

©Stu Rees. All rights
reserved.
Like this cartoon? Send it to
friends, clients or colleagues on greeting
cards. To order, visit The Billable Hour Card
Store.
Did you Know that Stu also
licenses his artwork for use in
newsletters, presentations, print
publications and on websites? He even
offers special rates for student and
teacher use.
You can also purchase original artwork and
custom prints (framed or unframed) from
Stu.
Timesheet readers get 15% off
all licensing orders,
original artwork and custom prints (use
coupon code BILLHOUR). Click here for
information on licensing or purchasing
"Supreme Court Restroom," click here, or
visit www.Stus.com for more
information on licensing one of the
hundreds of other images Stu offers. For
more information on original artwork and
custom prints, click here.
|
More than
Just Christmas Cards: Billable Hour
Card Store Carries Cards for All
Occasions
|
|
While our unique selection of holiday
cards for lawyers and legal
professionals draws many visitors to
The Billable Hour Card
Store during the last quarter of
the year, one thing that really sets us
apart is our selection of funny
law-related greeting cards for a
variety of occasions.
Where else can you find a card that's
just perfect to congratulate that
former "wild child" on landing his
first legal job?
|
|
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Anyone moving up on the law firm ladder
will really get a kick out of "Send an Associate."
You can find all of our cards for
special occasions under "Occassions"
on the left side of the card store's
main page; because we know you're
busy, we've broken the occasions down
even further, making it easy for you
to find special cards for:
- New Job/Retirement
- Making Partner/Promotion
- Admission to the Bar
- Winning/Settling Case
- Closing a Big Deal
- Congratulations
- Anniversary
- Birthday
- Wedding
- Get Well
- Good Luck
|
If you have a story about how you
use TBH greeting cards, we'd love to hear
from you: send your story to us at info@TheBillableHour.com.
Tell us what card you use; who you send it
to; what message appears inside the card;
whether you take advantage of our optional
free personalization features (do you
upload your signature/logo? Do you upload a
photo to be printed on the inside left
panel?); whether you have your cards sent
directly to the recipients or shipped to
you; whether you have uploaded your
contacts directly into your cardstore
account to make sending cards even easier;
and the reaction you've received from
recipients.

©Dan Rosandich. All rights
reserved.
Like this cartoon? Send it to friends,
clients or colleagues on greeting cards. To
order, visit The Billable Hour Card
Store.
|
Video of
the Month: My Attorney Bernie
|
Finally, someone who really appreciates her
lawyer! Composer Dan Frishberg is one of
the brilliant musical minds behind
Schoolhouse Rock and other hip and funny
tunes. Singer/pianist Blossom Deary's
recordings belong in ever music lover's
collection.
(Yes, we know it's kind of weird to hear
the words coming out of the dog's mouth,
but the song is just fantastic.)
To watch more of the funniest law-related
videos from all over the web, join us at
The Video Venue!
Special
Book Excerpt: Many a Quaint and
Curious Volume
by Adam Freedman
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When all is said and done, the result of
litigation—apart from some very
satisfied lawyers—is a written
decision. Judicial decisions are published
in books called law
reports—volume after
volume after volume. When you see a lawyer
on TV against a backdrop of
official-looking books, they're probably
law reports. Because everything in
Anglo-American law depends on precedent,
law reports are the single greatest
authority as to our rights and
responsibilities. They represent the
distilled wisdom of centuries of judicial
thought.
On the whole, they make lousy reading. They
are as wordy, technical, and dry as one
would expect from hundreds of pages of
densely-packed legalese. And
erudite—judges are learned men
and women, and they won't let you forget
it. In one 1997 opinion, for example, a
Federal judge reminds us that
laches—the
argument that a plaintiff delayed too long
in filing a lawsuit—"is an
equitable defense based on the maxim
vigilantibus non dormientibus aequitas
subvenit" and then immediately
provides the English equivalent: "equity
aids the vigilant, not those who sleep on
their rights." The real translation being,
"Look at me, I speak Latin!"
And yet, now and again, one comes across a
decision worth reading. Judge Bruce Selya,
for example, likes to poke fun at lawyers'
obsession with citing authority for every
proposition by peppering his opinions with
lines like "But appearances can be
deceiving." See Aesop, The
Wolf in Sheep's Clothing (Circa 550
B.C.)" British judges sometimes display a
certain literary flair and none of them
more so than the late Lord Denning
(1899-1999). In case after case, Denning
distinguished himself from the
run-of-the-mill judges with his whimsical
style:
In summertime, village cricket is a delight
to everyone. Nearly every village has its
own cricket field where the young men play
and the old men watch. In the village of
Lintz in the County of Durham they have
their own ground, where they have played
these last 70 years. They tend it well. The
wicket area is well rolled and mown . . .
Denning's opening lines often
left no doubt as to where his sympathies lay:
To some this may appear to be a small
matter, but to Mr. Harry Hook, it is very
important. He is a street trader in the
Barnsley Market. He has been trading there
for some six years without any complaint
being made against him; but, nevertheless,
he has now been banned from trading in the
market for life. All because of a trifling
incident. . .
In one case, a parking lot
operator punctiliously argued that a customer
should have read the conditions printed on
the back of the parking lot ticket (the one
that the machine spits out). Denning breezily
rejected the argument, observing with rare
common sense "No customer in a thousand ever
read the conditions [on the back of a parking
lot ticket]. If he had stopped to do so, he
would have missed the train or the boat."
If you hunt through the law reports you'll
even find poetry. In 1983, for example, a
Michigan court faced an utterly frivolous
lawsuit brought on behalf of a tree that
had been hit by a car. The judges dismissed
the suit with nothing more than 12 lines of
original verse modeled on Joyce Kilmer's
famous poem "Trees." It began:
We thought that we would never
see
A suit to compensate a tree.
In 2002, Pennsylvania judge J.
Michael Eakin used poetry to support the
petition of a woman who wanted to invalidate
her prenuptial agreement. The reason? Her
husband—a much older man and a
millionaire to boot—had given her a
"diamond" ring that turned out to be a fake.
Judge Eakin waxed poetic:
A groom must expect matrimonial
pandemonium when his spouse finds he's
given her a cubic zirconium. . . . She was
19, he was nearly 30 years older; was it
unreasonable for her to believe what he
told her? Given their history and Pygmalion
relation,I find her reliance was with
justification. Given his accomplishment and
given her youth, Was it unjustifiable for
her to think he told the truth? Or for
every prenuptial is it now a must, that you
treat your betrothed with presumptive
mistrust?
Not only was Eakin overruled by
the other two judges on the panel, but his
killjoy brethren even went out of their way
to express "grave concern" that the use of
rhyme "reflects poorly on the Supreme Court
of Pennsylvania."
Lighten up. Eakin's bit of doggerel is
nothing compared to that of a Kansas judge
who once sentenced a prostitute to prison
with an opinion that began with this
couplet:
On January 30th, nineteen
seventy-four,
This lass agreed to work as a whore.
For that, the judge earned an
official reprimand from the Kansas Supreme
Court.
If you find yourself developing a taste for
law reports—and, like soap
operas, they can be addictive despite the
long stretches of tedium—the
future has never looked brighter.
Litigation is one of America's great growth
industries, promising an ever-increasing
flow of court decisions. The inexorable
growth of lawsuits in the US is mainly due
to an area of the law called
tort, which we will
examine in the next chapter.
Excerpted from the book The Party of the First
Part: The Curious World of
Legalese by Adam Freedman. ©2007
by Adam Freedman. Reprinted by arrangement
with Henry Holt and Company, L.L.C.
Lawtoons
by Suzan Charlton, Esq.
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click here to enlarge
(large file; please be patient)
©Suzan Charlton. All
rights reserved.
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