law school

Ethics Dunce: An Angry Young Man at Yale Law School

/ Jack Marshall / 37 Comments

flame faceA third year law student decided it was appropriate to send an obscene, ranting letter to the entire student body of Yale Law School announcing that he hated “like 90%” of them, and also, in his words (after announcing that he is going to be a writer):

“…fuck you guys, you judgmental, uninformed pricks, patting yourselves on the back on top of your goddamn moral high horses. I realize I am killing my future political career. GOOD. If you’ve read The Republic, you know exactly what my opinion of politicians are. I realize I am burning bridges. EXCELLENT. If I succeed in my passions, I want to make damn sure it is without the help of any of you phony-ass shitdicks. I’ve ALREADY gotten compliments about how inspirational I am, and I haven’t even fucking started yet. That’s the biggest compliment I’ve ever received in my life. It’ll probably take you guys 10-20 years to get that even once, so good luck and keep up the good work!”

His name was included on his post, just to make certain that it keeps him from finding gainful employment with any potential supervisor who doesn’t have a death wish.

A few observations: Continue reading →

The Saga of the Entrepreneural Legal Mentor

/ Jack Marshall / 6 Comments
"OK, now pay attention. I'll teach you to hunt, but it will cost you..."

“OK, now pay attention. I’ll teach you to hunt, but it will cost you…”

Attorney Kenneth Beck is reeling from a barrage of criticism he has received for placing this ad on Craig’s List:

ARE YOU RECENTLY ADMITTED TO THE BAR, OR AWAITING BAR RESULTS, BUT NEED EXPERIENCE FOR THAT FIRST JOB?

General practice attorney with more than twenty years of experience is willing to train a small number of recently admitted attorneys, or those awaiting bar results. For a monthly fee, you will be able to shadow the experienced attorney, and learn by watching the day to day practice of law. Observe the following types of proceedings, as they occur; Civil Short Calender motion arguments, foreclosure mediation’s, pre-trial conferences, Workers Compensation and Social Security hearings, real estate closings, discovery proceedings and compliance, research and general office operations. …

The unprecedented ad, now pulled, prompted nasty e-mails from his target audience and a lot of ridicule on various legal blogs. Beck hit a nerve, obviously, in fact several: the perceived venality of the profession, the desperate plight of recent law grads in a tight market, the lack of practical training students receive in law school. Some even suggested that the ad rose, or rather fell, to the level of professional misconduct. “Will this kind of revenue producer be censured by the state bar association?”, asked the blog Law and More.

That one is easy: no, because nothing about the ad raises legitimate questions about Black’s trustworthiness or honesty, and there is no clear violation of any existing rules inherent in his proposition. Still, the question lingers: even if this doesn’t nick the Rules of Professional Conduct, is it ethical? Continue reading →

Comment of the Day: “Unethical Website of the Month: Third Tier Reality”

/ Jack Marshall / 1 Comment

Okay, so you weren’t born on third base like this guy. It doesn’t mean you can’t score.

40 yr. old Gen-Xer delivers a worthy Comment of the Day, leveled at my criticism of the Angry Unemployed Law Grad blog, “Third Tier Reality.”  I think it provides valid perspective, though I also think the post’s characterization of how this issue has been handled on Ethics Alarms is somewhat unfair. (You can read my response under the original article.)

Here is the Comment of the Day, on the post, “Unethical Website of the Month: Third Tier Reality”:

“My point is that the situation Nando is railing about is more complex than the scenario of a bunch of disgruntled youth, unwilling to “work hard”, whining for a hand-out. Nando may pour it on thick with name calling and scatological imagery; fair enough. However, to dismiss the underlying message is overly simplistic, dismissive of people’s good-faith effort and ignores the real economic hardship that many face. Continue reading →

Unethical Website of the Month: Third Tier Reality

/ Jack Marshall / 119 Comments

Mr. Furious, of the Mystery Men

Third Tier Reality is one of many blogs recently founded by disappointed law graduates who somehow labored under the misconception that a law school degree guaranteed that they would get 6 figure offers from big law firms and then live the life of Denny Crane until they could retire to a Caribbean island at the age of 55. A depressing number of these deluded souls managed to get themselves in hock up to their eyeballs, and when the recession hit and law firms cut back, felt first, like fools, second, angry and desperate, and third, that it was everyone else’s fault. Thus was born the “law school scam” conspiracy theory. Third Tier Reality, like the others of its breed, maintains that law schools intentionally misled scores of trusting students to pay their obscenely high tuitions,  knowing that they were pumping out more lawyers than the legal market would bear.

To the extent that the site tries to educate would-be law students that there is no guaranteed gravy-train at the end of three years of law school, the website is, at worst, harmless. “My goal is to inform potential law school students and applicants of the ugly realities of attending law school,” he writes. His message: Do not seek a law degree unless…

“(1) YOU GET INTO A TOP 8 LAW SCHOOL; (2) YOU GET A FULL-TUITION SCHOLARSHIP TO ATTEND; (3) YOU HAVE EMPLOYMENT AS AN ATTORNEY SECURED THROUGH A RELATIVE OR CLOSE FRIEND; OR (4) YOU ARE FULLY AWARE BEFOREHAND THAT YOUR HUGE INVESTMENT IN TIME, ENERGY, AND MONEY DOES NOT, IN ANY WAY, GUARANTEE A JOB AS AN ATTORNEY OR IN THE LEGAL INDUSTRY.”

That’s all good advice, though it presumes that more people get law degrees under the delusion alluded to in (4) than I believe is true. Nobody ever told me that a law degree guaranteed a high-paying job as an attorney, and if we understood that decades ago when law was booming, I don’t see where the confusion set in. I worked in the administration of Georgetown Law Center, and that school never made such a representation. In addition, Third Tier Reality goes further, as its brethren blogs do, to insist that a law degree from less than a “First Tier” school is actually an impediment in the job market. I hate to kick this particular hornets nest again, but this is a self-serving rationalization for failure. Continue reading →

The Difference Between Unemployed Scientists and Unemployed Lawyers

/ Jack Marshall / 23 Comments

A front page story in today’s Washington Post casts interesting perspective on an Ethics Alarms rumble that broke out here a couple of weeks ago. One of the many websites where underemployed, over-indebted law grads hang out to commiserate—sites with pathetic names like “butidideverythingrightorsoithought”—discovered a post from the days when people were taking Occupy Wall Street seriously, in which I chided a protester whose sign blamed his law school  for his failure to  find a job, without giving due weight to the fact that sitting in a park whining about his plight wasn’t doing him any good either. Suddenly Ethics Alarms experienced an avalanche of indignant and often personally insulting comments introducing me to the strange world of the JD conspiracy theorists, who maintain that law schools engaged in an intentional conspiracy or “scam” to gull naive college grads into believing that a law degree was a sure-thing ticket to Easy Street and six-figure starting salaries.

In the Post’s report, we learn that other advanced degree-holders, namely PhDs in scientific fields, are also unable to find work or toiling in fields unrelated to their degrees. The Post says:

“Traditional academic jobs are scarcer than ever. Once a primary career path, only 14 percent of those with a PhD in biology and the life sciences now land a coveted academic position within five years, according to a 2009 NSF survey. That figure has been steadily declining since the 1970s, said Paula Stephan, an economist at Georgia State University who studies the scientific workforce. The reason: The supply of scientists has grown far faster than the number of academic positions.”

Sounds a lot like the legal market to me! Continue reading →

Ethics Quote of the Day: Ken, of Popehat

/ Jack Marshall / 17 Comments

“Listen to me: a law school calculated to make students feel good about themselves is as ridiculous as a Marine boot camp designed to make enlistees feel good about themselves. Law students, God help us, will one day be lawyers. When they are, nobody will care about their self-esteem. The prosecutors seeking to jail their clients will not be seeking to foster a sense of community. The opposing civil lawyers seeking to bankrupt their clients will not be promoting a culture of dignity and respect. Most law practice is about conflict. It’s a bloody, ugly street fight. Self-esteem borne of law-should-be-harmony is useless to clients. The only self-esteem useful to clients is self-esteem earned by hard work, determination, command of the subject matter, and the willingness to stand up to adversity. People who object to law professors being wickedly Socratic, and classmates being cutthroat, are missing the point. If you’re put off by a Socratic professor, Mr. Fluffy Bunny, a run-of-the-mill judge is going to make you soil yourself. If nasty, backstabbing classmates upset you, the first time you get into a nasty letter-writing campaign with an opposing counsel you’re going to have a breakdown. Law school is not a fucking spa day. It’s training to stand between your client and whatever the world throws at him.”

—– Ken, the astute lawyer/sage/Don Rickles of the libertarian social commentary website Popehat, excoriating the University of St. Thomas Law School for, among other things, extolling the values of self-esteem, collaboration, harmony and community among their students.

What Ken is really talking about is zealous representation, that once universally accepted bedrock of the  lawyer’s duty that has gradually fallen into disfavor with many academics and lawyers. Continue reading →

The Widener School of Law Ethics Train Wreck: Political Correctness and Its Carnage

/ Jack Marshall / 8 Comments

I have posted twice this year about the persecution of  Prof. Lawrence Connell, a tenured associate professor at Widener University School of Law in Delaware, but let me summarize the story for you, lets you missed the original post.

Connell is a criminal law professor, and is adept at concocting memorable hypotheticals to illustrate principles of law, often using celebrities and other people well-known to the students as characters. In one class, he illustrated the dilemmas in determining the crime of attempted murder with this hypothetical:

“The Dean has threatened to fire me if she comes to school one more time and finds that I have parked in her designated parking space. Upset about the possibility of losing both my job and the parking space, I bring my .357 to school, get out of my car, put the .357 into my waistband, walk to the top floor where her office is located, open the door to her office, see her seated at her desk, draw my weapon, aim my weapon, and fire my weapon directly into what I believe to be her head. To my surprise, it’s not the Dean at all, but an ingeniously painted pumpkin — a pumpkin that has been intricately painted to look like the Dean. Dick Tracy rushes in and immediately wrestles me to the ground. I am charged with the attempted murder of the Dean.”

Good hypothetical. But some of Connell’s students complained that the hypo communicated violent attitudes towards women and blacks, since the Dean, Linda Ammons, is both female and black. Continue reading →

“The Strange Case of the Threatening Hypothetical”, Continued: The Verdict Is In!

/ Jack Marshall / 4 Comments

The Victim

Lawrence Connell, the Widener School of Law criminal law professor placed on administrative leave for using the school Dean in a “violent scenario” to illustrate legal principles to his class, has given a revealing and clarifying interview to the National Association of Scholars website.

This section is most relevant to his current plight, and the fairness of complaints leveled against him by some of his students. It’s also about one of my favorite topics in criminal law, attempt law, which has a significant ethical component, as you will see. But the main point of interest is that includes one of the supposedly racist, sexist, threatening hypotheticals he used.

Q: Can you give me an example of a hypothetical you might have used in class, to which the students who complained might have been referring? Can you describe the context in which you would have used it? Continue reading →

Accountability Follies: The B.C. Law Student’s Unethical Lament

/ Jack Marshall / 8 Comments

An anonymous Boston College Law School student, soon to graduate, has requested a refund of his tuition  because he is unemployed and sees no legal job in his immediate future.  On a B.C. student website, he has posted an “open letter” to the school’s Dean: Continue reading →