Showing posts with label Legal Practice. Show all posts
Showing posts with label Legal Practice. Show all posts

Sunday, June 10, 2012

Cross-posted- starting your own law firm.


There are times when starting a law firm that what you are doing feels like a grind. Every day when I wake up I’ve got a laundry list of things I’ve got to get done. When I go to bed, I’ve got a laundry list of things I’ve got to get done. The list is never ending. Sometimes it feels overwhelming. Sometimes I wonder if it will ever end (it won’t). Sometimes I wish itwould just end.
But, when I take the time to take a step back, I realize it’s all a matter of perspective.

You Can be a Glass Half Full Person or You Can be a Glass Half Empty Person – It’s All Up to You

I must admit, I’m not having a particularly bad day today, or a bad week. In fact, I’m feeling pretty good overall. Business is decent (though the recent Google update set us back a little) and we’re moving forward in a very positive way.
But I know what that place feels like – and it’s not great. And that’s where your perspective comes into play.
I was reminded of this today in a blog post I read by Seth Godin titled Dancing on the Edge of Finished. It’s a great post and it’s short, so I’m going to post the whole thing here – hopefully he doesn’t get pissed off about that.
    Dancing on the Edge of Finished
    Before, when your shift was done, you were finished. When the inbox was empty, when the forms were processed, you could stop.
    Now, of course, there’s always one more tweet to make, post to write, words with friends move to complete. There’s one more bit of email, one more lens you can construct, one more comment you can respond to. If you want to, you can be never finished.
    And that’s the dance. Facing a sea of infinity, it’s easy to despair, sure that you will never reach dry land, never have the sense of accomplishment of saying, “I’m done.” At the same time, to be finished, done, complete–this is a bit like being dead. The silence and the feeling that maybe that’s all.
    For the marketer, the freelancer and the entrepreneur, the challenge is to level set, to be comfortable with the undone, with the cycle of never-ending. We were trained to finish our homework, our peas and our chores. Today, we’re never finished, and that’s okay.
    It’s a dance, not an endless grind.
I think that pretty much says it all. What’s your state of mind? Can you change it just by seeing things a little differently? If you can, why aren’t you actively trying to do that? The impact on your life will be tremendous.
Comments, questions, thoughts? I’d love to hear them!

How to establish a successful legal practice?


How to build up a successful law practice?  This article answers the question.
Building A Successful Solo Law Practice
By Joseph R. Jacques, CMC

Before commencing a solo law practice, one must ask the question: Why! Your answer may fall into one of two categories: (1) you have to, or (2) you want to. Those falling into the first category may simply be unable to obtain employment as lawyers, or the options available may not allow them to utilize their legal training and skills. Faced with this situation, they must either start their own practice or obtain employment outside of the field of law.
The main advantages of solo practice are freedom and independence, limited only by economic needs and responsibilities assumed to clients and the courts. Lawyers who choose to go into solo practice should be prepared for a few years of lean earnings, non-billable time, and perhaps more than a few frustrations. If you who can manage to get through the first two or three years, have utilized good public and client relations techniques, and provide the highest level of client service and work product, you should be on your way to a fulfilling practice. Lawyers contemplating such a practice also need to be aware that only a very few sole practitioners ever become wealthy from the practice of law. Most will survive economically, but, on the average, sole practitioners are at the bottom of the earnings ladder. Surveys of law practice economics almost universally report that the larger the organization, the more individual lawyers in those firms earn. Any lawyer contemplating solo practice would be well advised to be alert for prospective affiliations, either another lawyer joining you, or your joining another group of your fellow practitioners.

Monday, December 20, 2010

Skeleton Argument: Sample Plea and Mitigation Hearing at Magistrate Court in a criminal matter



Jennifer Ann Slater


Opening
Good Morning Madam, I appear before you on behalf of my client Jennifer Ann Slater who has been charged with taking of a vehicle contrary to S.12A of the Theft Act 1968 to make a plea in mitigation.
I put to you that there are some mitigating factors that ought to be considered prior to sentencing.
May I proceed madam (ask permission)

Incident
I put to you that my client stole a vehicle in order to get to her kids and consequently crashed in to the front garden wall of her neighbour causing damage to the car and the garden wall. The car was not seriously damaged and was covered by insurance.

Aggravating Factors and Greater Degree of Harm
Madam my I submit to you that:
·         The offence was not premeditated (she stumbled upon an unlocked car whilst seeking shelter from the rain);
·         My client was under the influence of alcohol; however
·         But there was no deliberate damage to the car or garden wall as the accident occurred whilst breaking.

I submit to you that my client does not possess any factors for the greater degree of harm. The factors are:
·         No passengers present;
·         No damage caused to moving traffic accident.

Mitigating factors:
Madam the mitigating factors are that:
·         My client is of young age and that has affected her responsibility. (she is 20 years and has been in the foster care system since the age of 11 and does not have a stable family background);
·         Genuinely remorseful of her actions (is concerned about the future of her family); and
·         the client pleaded guilty

Personal Mitigating:
·         Mother of two young children (aged 6 months and 2 years);
·         On welfare benefits and has no saving;
·         She does not have a home and at the time of offence/currently staying with friends and sleeping on their floor ; and
·         Recently received a letter from the council offering her a council flat (so that she can provide a stable home to her family).

Previous convictions:

The client has three previous convictions. These were Theft and S47 ABH in 2006 and 2008 (the offence of theft was a considerable time ago). There is another offence of TWOC (taking without consent) in 2009.  However, the conviction of TWOC was based around different circumstances. This was when she had to take her son to a hospital as he was suffering from an asthma attack. The car was returned undamaged.


Sentencing
I would urge you Madam not to consider a custodial sentence as this will mean that her children will be taken by the social services and put in foster care.

I submit to you:
·         This offence carries an obligatory disqualification of minimum of 12 months. (Madam I urge to consider keeping this at 12 months as my client has had no previous disqualifications);

Madam I urge to consider a:
·         High level community order with an order of unpaid work and an attendance centre programme (this will act as a deterrent as well as rehabilitate and rebuild her life);
·         Compensation order for the damages to Mrs. Finch’s garden wall for £150. This can be sourced through the deductions from my clients benefit entitlement.

Closing
I wish to persuade you Madam that you will not see my client before this court again.
I am happy to address any question that you may have and so is my client.

Possible Questions asked by the DJ
·         Where were her children at the time of the arrest?
·         What was the damage caused to the car and the Garden wall?
·         More information about the 2 counts of Theft in 2006?
·         More information about the section 47 offence in 2008?
·         More information of the couple (whose car was stolen) and the Neighbours (Victims)
·         More information on the friend (Christine Walker)



Note: if a question comes up and you do not know the answer, just refer to the notes and than answer that you have no instructions from your client on this matter.

Contributed by Ali Ashraf Raza, LLB (Hons), Legal Practice Course- (Pro.Dip)  (Nottingham), Associate at Bhandari Naqvi and Riaz.