Monthly Archives: September 2014

Increase Professional Marketability as a Junior Associate

Incrase Professional Marketability as a Junior Associate
Increase Professional Marketability as a Junior Associate

Amid a recent round of layoffs at the mid-level firm I’m employed at, it was brought to my attention that, among those who were laid off, the overwhelming majority did not bring business into the firm. This led me to understand the concept that there are only two types of lawyers, as John Remsen Jr put it, “there are lawyers with clients, and there are lawyers who work for lawyers with clients.” I found myself wondering how not to be the latter, how to bring in clients and increase  professional marketability as a junior associate. I soon discovered, like anything else in life, it requires a bit of hard work and persistence.

Volunteer to Author Your Firms Legal Blog

First and foremost, my personal advice is to learn the coveted art of blogging. Clearly I’m a bit biased, however most law firms, from big to small, have begun to recognize the added benefit of maintaining a legal blog. Studies continuously show that that daily blog updates brings in new clients. If you can establish yourself as a leader in your firm’s blogging and networking in the legal community, you’ll set yourself apart from other associates waiting for work to be handed to them. Offer to author several blogs for your firms’ website, and if your firm doesn’t maintain a blog then you have a surefire way of drumming up some work that you’ll have creative control over.

Specialize in a Niche Practice Area

Next, when it comes to bringing in clients as a junior associate, drill down on a specific practice area you have a passion for. Specializing in a niche area of law can only improve your upward mobility in an emerging field. Start by staying on top of current events, new laws and particular niches within your practice area. By accurately conveying novel legal nuances in your practice area you’ll establish yourself as an emerging expert. You’ll find yourself being that go-to associate for partners involved in your area of interest. They say that reading one hour per day in your chosen field will make you an international expert in just 7 years. Just think what you can achieve by dedicating time to an area you’re already passionate about.

Increase Professional Marketability as a Junior Associate
Dress to Impress

Dress to Impress and for Success

Seriously, dress the way you would visualize a well-polished attorney dressing. No matter what, humans are visual beings and how you present yourself will go a long way in establishing credibility. As Mr. Remsen pointed out, “very few clients will fault you because you look too nice. Dressing in a suit for work or meetings sends a message of ultimate respect and that you are serious about your business. Your presentation and ‘packaging’ sets a tone.” I’m often accused of being over-dressed at work or asked if I’m appearing in court, my response is usually “dress for the job you want, not the job you have,” followed by how “I’m gunning for the Solicitor General position!” Bottom line, you are your primary marketing platform so make sure you invest heavily in it! For more tips, read how “Lawyers Should Look Like Lawyers” here.

Increase Professional Marketability as a Junior Associate
Network to Get-Work!

You Have to Network to Get-Work!

This is probably the most import segment on improving your marketability an improving your ability to bring in clients as a junior associate, so read carefully. Try to actively participate in your states bar association. Specifically, join the bar sections that encompass your practice area, offer to participate in CLE’s, attend meetings, and work towards leadership positions. The Remsen Group suggests becoming board certified in your identified niche area if available in your state.

Create and maintain a networking list. You’ve heard it law school and you’re probably hearing it again in practice, you have to network to get-work! Business cards are meant to be distributed, not collect dust in the box they came in. Quite frankly, if you’re not going through boxes of business cards during your tenure at a firm, you’re doing it wrong! Of course we all want high-end clients who bring valuable business to our firms; however, chances are you’re not going to run into those types of clients at your local hole-in-the-wall pub. Simply put, you need to be where the money is! For example, I popped into an art gallery one evening with a friend to kill some time before another event. There was free wine and hors d’oeuvres so we stayed and was soon approached by a gentleman who introduced himself as the owner of the gallery and artist. A few glasses of wine and several stories later, we’d struck up a genuine affinity towards each others crafts. I would later discover this gentleman was one of the most premier real estate developers in the state! Though he is currently satisfied with the law firm he has, I make it a point to keep in contact, whether it be lunch or a quick phone call just in case. The point is, had we chose to go to Hooters to watch the game; the likelihood of meeting a high value possible client would have been significantly lowered. You have to cultivate great relationships that can potentially transform into great business opportunities. Keep in touch by sending birthday wishes or sharing relevant articles or best practices in the field they work in or connecting via social media.

The New York Bar association noted that, “by developing a book of business as an associate, you can increase your profile at [your] firm and get yourself noticed, while putting some extra money in the bank as well.” The bottom line is that if your firm doesn’t have the funds to sustain your salary then you’ll likely be the first out the door unless you bring in clients as an associate. My firm’s manager emphatically expressed how great the attorneys who got laid off were as people, but sharply distinguished them from other lawyers who brought in their own billing. It’s understandable that not everyone has an extrovert personality or the wherewithal to maintain interpersonal relationships, if so, start with these simple networking tips to overcome shyness.

So if you want to be the lawyer with clients as opposed to the associate waiting for a hand-out, coincide your firms overall success with your success. Make sure to find an area you’re passionate about while keeping your outwardly appearance fresh and clean and most importantly,  don’t forget that you have to network-to-get-work!

Break Your Lease Without Breaking the Law

How to break a lease

We’ve all been there before, when life’s circumstances simply don’t align with your existing contractual obligations. Whether it’s a cell phone or gym membership contract there can be stiff penalties for early termination. However, if it’s an actual rental agreement, knowing how to break your lease without breaking the law will leave you with more options than taking a financial hit over the head like a cell phone plan or gym membership.

Generally, a rental agreement is defined as any agreement, either oral or in writing, between a lessor (owner) and lessee (renter) which gives the lessee exclusive use of the premises for an agreed upon time for an agreed upon price. Simply put, it’s the long packet of documents you initialed and signed when you leased your apartment. However, note that even oral rental agreements are valid if the length of the rental agreement is for less than one year.

How to break a lease
Read, then Re-Read Your Lease Agreement

Steps to Take When Breaking Your Lease

As Nicole Schreck pointed out, there are generally three steps you should take when you plan to break a lease. First and foremost, you should thoroughly read through your rental agreement. Many apartments, property managers and landlords alike use generic rental agreements which usually contain similarly generic language. Included in that language is what’s called an “opt-out clause.” Opt-out clauses specifically stipulate what is required to break a lease, what you’ll be responsible for and how much notice should be given to the owner or property manager. Some opt-out clauses require that you give up to two months’ notice to the landlord, owner, or property manager.

Secondly, and the most important step after becoming aware of your changed circumstances and the contractual requirements of the lease is to talk to your landlord and/or property manager. Depending on the relationship you have with your landlord and the exclusivity of the property, they may be willing to work with you in getting the premises re-leased. Often times, where we anticipate a large legal fall-out, good-ole-fashion interpersonal communication can easily resolve a matter. Since the ultimate goal is replacing you as a tenant, communicate with your landlord your willingness in helping to find an alternative renter or sub-lessor.

Lastly, find a new tenant. In many jurisdictions a landlord is responsible for mitigating any financial losses before legally pursuing damages from you as a tenant. Simply put, the landlord cannot let the premises sit vacant while the unpaid rent accumulates then go after you for the unpaid rent. By personally finding a new tenant, you ensure there is minimal vacancy, which in turn, reduces the chances of any adverse action against you as a former tenant. Alternatively, if the landlord is left to finding a replacement tenant, he or she may lease the premises for a lower rate than you leased it for thus allowing the landlord to seek damages for the difference between your original lease price versus the new leased price.

Break your lease
Find a New Tenant

Special Circumstances in Breaking a Lease

There are special circumstances where a lessee can legally break a lease without any legal consequences. Those include (1) inhabitable living conditions, (2) military deployment, and (3) death or incapacity. Hopefully, it’s not for the latter! It should be noted that some leases procured through a real estate agent will allow the lessee the option to place the premises back on the MLS. However, the lessee is still responsible for rent throughout the listing and showing period in addition to the remaining commission owed to the agent which is usually around 6% of the monthly lease rate for the remainder of the lease.

So if life has dealt you some incongruent circumstances that simply aren’t compatible with your contractual obligations, namely the lease you signed, relax, there are options. If you’re fretting over how to break a lease without breaking the law, knowing all your options before making any decisions is key to avoiding unnecessary headaches. Read, then re-read the agreement you signed. Speak candidly to your landlord; explain your circumstances along with your willingness to help avoid any disruption in tenancy. Then personally make an effort to find a replacement tenant.

Are you Required to show ID to Police?

Are you Required to show ID to Police in Arizona?
Are You required to Show ID to Police?

Are you Required to show ID to Police ? Depends. Generally, interactions between police and the general public fall into three categories: (1) consensual, (2) detention, or (3) arrests.

First, under consensual interactions between a citizen and the police, the individual approached is not required to identify himself or answer any other questions and generally is free to leave at any time. To determine if the interaction is consensual, start by asking the officer if you’re free to leave. Obviously, if the officer answers or acts in any manner contrary to the affirmative, this is not a consensual encounter and a more complex set of rules may apply under the detention or arrest category.

Secondly, circumstances where a reasonable person would not believe he or she is free to leave will constitute a detention. Under Terry v. Ohio, 392 U.S. 1 (1968), the police have the right to briefly detain an individual where a reasonable articulable suspicion exists that the person has, is, or is about to commit a crime. These are known as Terry Stops, and are generally limited to a pat-down to determine if a person is carrying a concealed weapon. However, many states, including Arizona have adopted “stop and identify” laws that require persons detained under Terry Stop like conditions to identify themselves by producing identification or supplying identifying information. We’ll touch on what is required below.

Lastly, while a detention only requires reasonable suspicion of criminal activity, an arrest requires probable cause that a person has actually committed a crime. You’ll likely know whether you’re under arrest when the officer says so, however sometimes a detention can morph into an arrest once the officer has secured probable cause to determine an individual had indeed committed a crime. At that point, the police may lawfully search an individual’s person; belongings and anything within his general “grab area.”

So . . . do I Have to Show My ID to The Police or Not?

Are you Required to show ID to Police?
States with Stop and Identify laws

It depends on which jurisdiction you live in, whether you are operating a motor vehicle, and whether they’ve adopted “stop and identify” statutes. Currently, there are about 24 states that have “Stop and Identify” laws in place, locate your state here. Under Arizona law, specifically, A.R.S §§ 28-1595, 28-3169 the operator of a motor vehicle is required by law to produce identification to a requesting officer during a traffic stop. If you’re driving a car on Arizona public roads you have constructively consented to supplying ID to police upon request. Failure to do so will result in a class 2 misdemeanor.

If You’re Not Driving a Car

Basically the requirement to show ID to the police upon request will always turn on whether the police have reasonable suspicion that you are involved in criminal activity. You can determine that by simply asking the officer if you are free to leave. If not, then most likely you’re required to show ID to the police upon request. The same applies whether you are a passenger in a car, or whether you are walking down the street. In the former, the police must reasonably suspect you are involved in either a traffic or a criminal violation to require you to show ID upon request. If you are walking down the street and the police reasonably suspect you have committed either a criminal or municipal violation they may lawfully require you to show ID to police upon request.

Here, Arizona ID requirements, under A.R.S § 13-2412, stipulates that by refusing to provide a truthful name when lawfully detained will constitute a class 2 misdemeanor. Be aware that you are only required to give your name and/or ID, and are not compelled to answer any other questions by an officer.

The Bottom Line

Bottom line, there are two ways to determine whether you are required to show ID to the police; (1) if you’re operating a motor vehicle, the answer is always yes, and (2) if you’re reasonably suspected of committing a traffic, municipal, or criminal violation the answer is yes. Again, the most simple way of determining this is by simply asking the officer politely “am I free to leave?” even if you are a passenger in a car. So the next time you question whether you are required to show ID to the police, determine whether the encounter is consensual, a detention, or an arrest before refusing to do so in order to mitigate further trouble. Check out this great clip provided by that recaps our discussion.

Note – the aforementioned article, rules, and laws are in no way presented to constitute legal advice. Nor are they meant to apply to any set of specific facts pertaining to your circumstances.

Who Really Owns that Picture You Don’t Want Anyone to See?

Who Owns that Picture You Don’t Want Anyone to See
Who Really Owns that Picture You Don’t Want Anyone to See

Who Really Owns that Picture You Don’t Want Anyone to See? In the wake of the recent iCloud private celebrity pictures posted on 4chan, an image-based bulletin board, let us discuss the true ownership and recourse of posting pictures you don’t want anyone to see. Generally, under United States Copy Right law, the owner of a photograph is classified as the person who took the picture. Along with that ownership, comes certain rights to the photograph. Specifically, under U.S Copyright Act at 17 U.S.C 106, the owner has the right to (1) reproduce the photograph, (2) prevent any derivative works based on the photograph, (3) distribute copies to the public by sale, lease or lending, and (4) display the image to public.

So if the picture you don’t want anyone to see is the result of a “selfie” then you have the sole right to prevent any unauthorized distribution, public viewing and display of your work. However, on the other hand, if a third party took the picture, even with your camera, technically they would be considered the true owner of the picture you don’t want anyone to see. As a result, they could potentially release, transfer, lend, or display to the public the picture you don’t want anyone to see.

If You took the Picture You Don’t Want Anyone to See

Under the Digital Millennium Copyright Act (DCMA), enacted in 1998, there exists what’s called a “Safe Harbor” provision. The “safe harbor” provision allows the owner (you) of pictures you don’t want anyone to see, the ability to issue a takedown notice to digital content platforms such as Reddit, YouTube, FaceBook, etc. to remove the content you’d like to prevent anyone else from viewing. A digital content provider could be found contributorily liable for copyright infringement if they do not quickly adhere to your takedown notice.

If You Didn’t Take the Picture You Don’t Want Anyone to See

Who Really Owns that Picture You Don’t Want Anyone to See

Well, unfortunately, you fall under the distinct legal category of S.O.L, and I’m not talking about statute of limitations. There may be some alternative legal recourse such as intentional infliction of emotional distress, or invasion of privacy, however strong affirmative defenses exist to these claims lending to costly litigation. Bottom line; know who you’re engaging with when it comes to sensitive photographic subject matter. Not everyone will have your best interest at heart when things turn for the worse. If you must take pictures you don’t want anyone to see, enjoy the pictures for the time being, then destroy them would be the best advice I could give.