To become a "real" attorney

2009-12-27T10:34:00.000-08:00

Thought I'd briefly blog about the interrum progress:

Finished the prepatory videos the week before last. The last item remaining before I could take cases is an orientation, which was supposed to be automatically arranged at the conflict administator's convenience at some later date. Of course, no orientation appointment was arranged until I called and called until someone finally made one late last week. And then the administrator wasn't able to be there, so some assistant gave me a rudimentary overview. Bottom line: I can now receive cases. The other bottom line: this conflict panel pays as you go, meaning you don't have to wait until the case is finished before you get paid like you might in other panels.

Unfortunately, the panel had no cases available for me in the couple of days leading up to Christmas, which was ok. I had to do a bunch of stuff for various family gatherings anyway. Plus, we had a lot of work to prepare for the "launch party".

The Launch Party is, apparently, a staple among emerging city lawyers. It is not unlike Vorenius' launch party in the Rome HBO series. We put together a bunch of food and invited a bunch of friends, family, etc. to celebrate what is still, to me, terrifying. Of course, most of the people we know are career public defenders, so optimism for me was, shall we say, guarded. Another issue with the launch party was that most of the attendees were more properly characterized as my girlfriends' friends than my friends. In reality, it was better characterized as my girlfriend's holiday party.

No matter. I have launched this ship and there is no turning back, especially in this economy. Fortuna, bring me success!

2009-12-14T11:10:00.000-08:00

As an update to you, I am still watching these interminable videos. I was sick on Friday and missed videos on that day. And, while still sick today, I must get through these videos and start getting cases.

So, my girlfriend and I met with some of her out-of-town friends this weekend. One is a current conflict public defender--a county office handling conflict cases (just like the public defender's office). I imagine the following scene will be recreated en absurdum in the foreseeable future:

friend: So, you bought a nice desk, huh?
Me: Yeah. I like it.
friend: Does that make you feel like a real attorney? Does that make your office seem more "lawyerly"?
Me: Fuck off.

Anyway, one of the ongoing problems of moving from public defender to private attorney is the constant attack on one's motivations. Namely, it is the assumption that it is an extreme expression of "lawyerly" narcissism. So, every move you make will be seen in that light, including trying to buy furniture that is going to last because you don't have a county/state agency to replace broken shit every year.

No one will assume that you're now a private attorney because you'd like to have the freedom to handle your cases the way you see fit, without the oversight of an extremely stodgy and conservative public defender's office. Or, maybe you'd like to have fewer cases because, in this day of massive budget cuts, you feel that case loads are such that you are not spending adequate time on your clients' cases. No, they will not assume these things. They will ALWAYS assume that you are now in it for the money, wine parties, and fancy schmancy smoozing.

2009-12-09T10:42:00.000-08:00

I'll tell you what I've done to prepare for private practice. Since I am most familiar with criminal defense, I shall continue to pursue criminal defense in the private world. Thankfully, since criminal defense is constitutionally mandated, many opportunities are available. There are a variety of panels, for instance. In most counties, there are panels of attorneys who handle conflict cases; cases that the public defender has a conflict with. There are also sometimes panels for 2nd or even 3rd level conflicts. There are panels for appeals work. And there are panels who handle parole work. One thing you should know is that each county organizes the panel differently, so you should find a local attorney to work out how one applies for panel work. For example, in El Dorado County, there is a panel of a handful of independent contractor attorneys handing conflict cases for a set amount of money per year. In Placer County, there is a private conflict firm who handles conflict cases for a set yearly rate. In Sacramento County, there is a loosely organized panel of independent attorneys who earn as they go, but there is no apparent limitation of panel membership. So, as you can see, it takes research.

My county is like the third; a loosely organized panel of independent contractors with no membership limitation. I am told that it will be enough to get by while I build the private portion of my practice. Of course, I am lucky because I do not have any immediate financial concerns, such as dependents or immediately due debts (other than college loans). However, even if I did, I would want to get on the panel immediately.

Be forewarned: getting on any panel takes time, no matter where you go, so plan accordingly. Knowing this, I applied for the panel long before I quit my job, and even then the transition has NOT been seemless. There are always hidden requirements that one must have in place before taking cases. For example, I was told that I have to watch a "few" training videos before I can start taking cases. I thought a weekend of video watching. It turned out to be 48 solid hours of videos. And you can't watch them 24 hours a day at home; you have to watch them at the panel offices so they can be sure that you watched them. Hmph.

Also, getting a quote on malpractice insurance is a surprisingly long process. I erroneously thought it would take a day or two to get one. Oh no. It took two weeks just to get a quote. Check with a number of different lenders because rates may vary dramatically. A little patience will pay dividends. I was able to save hundreds of dollars as a result. You will find, though, that they are completely unsympathetic to the need to get a quote immediately. You will just wait, maybe longer.

Office space is often a requirement to take panel work. Initially, I had hoped to work from home and rent access to a conference room from time to time. The panel requires an office address. I assume you can find someone who will share space with you, but in the admittedly poor research I've done, it is often more pricey than getting your own tiny office. The reason for that is they often want you to pay for a portion of their overhead as well, which is something you must avoid at all costs and probably don't need. Thanks to the market downturn, I found a place with a reasonable rate close to court. And, moreover, it is slowly becoming my manspace, which is indeed a benefit when you have moved in with your girlfriend, as I have done.

The real problem, at this point, is that I'm spending my entire day trying to comply with the panel requirements. As a result, I am unable to take private cases. And, thanks to previous contacts, I have some potential cases coming in that I just don't have time to take right now. This video watching has seriously consumed an entire week and half, not to mention the problem with finding office space, furniture, and insurance.

A note on furniture: I am a person who cannot take shitty partical board furniture any more. It costs a lot and does NOT last. I know this because I have spent my career in public defender offices dealing with this crap. Fortunately, I had saved enough money to get a nice desk and I've had a donated bookcase and table. The point I'm making here is that decent, well-made furniture is not as readily availabe as you might think. I have spent substantial hours trying to find real wood furniture. I tried going to a furniture store and asked where the non-particle board stuff is at, and they told me they can get it by ordering it only. And this was a giant store. There's some good stuff out there, you just have to spend a substantial amount of time looking for it.

So, I am nearing the end of my video watching. Hopefully, once this is done in the next day or two, I will begin taking cases. At which time, I hope I can describe the process.

2009-12-09T10:03:00.000-08:00

The last post on this blog concerned my previous life as a public defender. I started with the Public Defender in California. Disgruntled by the pro-prosecution posture of my home county and itchy for adventure, I worked as a public defender in Fairbanks, Alaska. There, I spent two years having a wonderful time participating in a more level playing field. In addition, I was able to take advantage of the great things this frontier state has to offer. And then I met a woman. She is from California. And, last year, I returned to California, again as a public defender. Since then, things have changed. I have decided to go private.

Although this seems like an easy thing to do, for many reasons it is not. And that is the purpose of this blog. I'd like to take this opportunity to document my struggles in the hope that it will make things easier for those who follow. First, there is a certain comfort in getting a check every couple of weeks. When you go private, you lose that. Secondly, all that business stuff that WAS done for you, such as ordering paper, dealing with tax stuff, equipment, furniture, advertising, and *shudder* networking...no more. Third, for many who have been public defenders during their entire careers, such as myself, there is a psychological trauma in having to charge people for services rendered. In relation to that, charging for services forces a little softer touch with the clients. Let's be honest, public defenders, with that massive case load, you are forced into a position of triageing cases. And triage means forcing often unwanted information on clients in a very short period of time. While I'm hoping I won't have to triage anymore, I am going to have to move away from the abrupt client handling that I've become accustomed to.

I will not talk about specific cases on this blog. My goal is to show what you might expect from throwing out a shingle and perhaps you might avoid some of the same mistakes.

2006-11-12T16:41:00.000-08:00

Here are a few more. There may be duplicates from previous posts, as I have lost track.

Enjoy!

2006-11-12T16:33:00.000-08:00

Above are some more random pics from the ferry ride. They were out of chronological order in the camera, but worth seeing. I believe that most of these are around Bellingham, WA.

2006-11-09T15:19:00.000-08:00

Here's "the bunker", my basement apartment still in the process of being moved into and furnished.

2006-11-08T14:52:00.000-08:00

Top is the road to Kenai from Whittier. Pictures do not do this justice.

Middle is the ferry ride from Juneau to Whittier.

Bottom are random pictures of Juneau.

2006-11-06T12:39:00.000-08:00

Below are the Alaskan Hotel, my room at the hotel and downtown Juneau.

This is Ketchikan, I think...

2006-11-06T10:00:00.000-08:00

Here are some pics of the trip up. They are out of order, but they'll give you a general idea of what the trip's all about. There are a number of settlements depicted along the way, mostly of Ketchikan and Juneau.

2006-08-25T00:25:00.000-07:00

What a difference a couple of weeks make!

As you can plainly see, after two weeks of torture, my friend has chosen freedom.

Compare this photo with the one previously posted. I think the jug of home-brewed whisky speaks for itself.

The original plan was that he and I would convoy up through the British Columbia wilds to Kenai. However, the problem of transporting guns through Canada has made this plan impossible. Therefore, I'll be transporting them on the ferry from Washington to the Kenai peninsula. I had hoped for another long driving adventure, but efficiency is far more important. Therefore, instead of living life through the eyes of a northern expedition a la Shackleton, you will live life through the eyes of a cruise ship.

Which shouldn't be too bad. Some people spend lots of money to travel along the Alaskan coast and take in the wildlife and vistas. I hope the pictures hold your interest.

Other related news is that the law firm has lost another experienced attorney in Ben. That leaves a handful of felony attorneys with any appreciable felony experience. I spoke with the judge in my court, and he's expressed serious misgivings at the prospect of inexperienced attorneys in his court. I don't blame him. As much as Placer County likes to think a good defense is not important, judges rely on defense attorneys to ensure they are not making mistakes. Mistakes put people behind bars. People like you.

The big move will proceed as planned. To the left is a picture of Alyeska; the ski resort where I will be for a public defender conference in October. I can't wait.

2006-08-17T21:23:00.000-07:00

I gave my two weeks notice this week. Even though I have made my decision to move to Alaska, giving notice still hard for me to do. It was made more difficult by the fact that three other lawyers quit as well, leaving criminal defense in Placer County far worse off.

Not that things could get much worse for criminal defense.

Besides my need for change, Placer County itself has conspired to drive me away. During my short time as a Public Defender, I have seen some disturbing changes.

I witnessed an 80 year old WWII veteran tackled to the ground by two 250 lbs police officers because he was a little drunk and hard of hearing. I saw a jury of our peers, Placer County residents, convict him of public intoxication and shake the hands of the officers, proclaiming them heroes.

I've seen District Attorneys intentionally over charge kids with felonies when they should have been misdemeanors because they want the scared minors and their families to plea bargain for the misdemeanor rather than risk a felony at trial.

We have District Attorneys demanding time in jail for 2nd time DUI's even though doing time (often 20+ days) this misdemeanor mistake will lead to the loss of a defendant's job, his family's only source of income, because he can't take time from work. However, at the same time, a person selling methamphetamine, a felony, does little or no actual time at all. Does that penalty really fit the crime? The District Attorney certainly thinks so. As does the judges and, apparently, the county legislature. Below are the County Board of Supervisor's minutes giving Stephanie Macumber District Attorney of the Year for making that happen.

BRADFORD R. FENOCCHIO
PLACER COUNTY DISTRICT ATTORNEY
To: Honorable Board of Supervisors
From: Bradford R. Fenocchio, District Atto
Date: June 13,2006
Subject: Prosecutor of the Year Award
ACTION REOUESTED
Presentation of the Prosecutor of the Year Award to the 2006 recipient, Stephanie A.
Macumber, by Bradford R. Fenocchio, at the Board of Supervisors Meeting on July
1 1,2006.
BACKGROUND
The District Attorney's Office established the annual award entitled "Prosecutor of the
Year Award" in memory of Anne-Marie Bourgeois, who died as a result of a tragic
fire in her home in 1994.
Each Deputy District Attorney within our office is given an opportunity to vote for the
colleague whom they feel should be honored for his or her display of outstanding
effort; one who shows enthusiasm, excellence and courage in prosecuting cases.
FISCAL IMPACT
None

Why am I leaving? Because Placer County makes the same mistake other municipalities make when they get frightened of a growing population; the knee jerk reaction of punitive rather than rehabilitative measures.

The question Placer County must ask itself is whether this approach has ever been effective. In court, judges joke about the "liberal" cities, such as Sacramento, San Francisco, and Los Angeles. In every large city, before they became large cities, they tried the punitive approach. Because they learned that this approach costs more than preventative and rehabilitative measures, they became "liberal". The question is, why hasn't Placer County learned this lesson?

The answer is, of course, the people. And that's one big reason why I leave.

2006-08-12T14:18:00.000-07:00

Check one off the list! Today I bought a 3/4 ton Chevy truck (with the help of and many thanks to B). I have to take it to my buddy's house now so he can drive it into the ground out of sheer jealous spite. Just wanted to update you.

2006-08-11T15:43:00.000-07:00

It's already happening.

I had hoped against hope, but stuff's gettin' worse. Stuff's getting worse every day.

Luckily, unlike my co-worker who has chosen not to escape to freedom, his life will be that of the following image:

Mine will be that of freedom.

Apparently, a memo was distributed yesterday directing all Public Defenders to wear suits all day every day, so as to portray a "businessman-like image".

I was under the impression that Public Defenders were the low paid attorneys doing their jobs out of a feeling of duty and honor rather than seeking the high wages of the corporate world. I was under the impression that Public Defenders valued the same freedom and liberalism vigorously proclaimed at our client's trials and sentencing. I never realized that the image of the public defender would be reduced to conformity so that we can make our law firm's CEO feel like he's running a tax litigation firm (yes, we even have a CEO...and shareholders!) Our forebearers are turning in their graves.

Well, I have a couple of weeks before departure. I've had little progress on buying a truck. I want to ensure that I get the right one. Unfortunately, I know next to nothing about them. I've tried to get my buddy to help, but he doesn't seem to know much either. I guess the problem is that I need to know how much truck I'll need in Fairbanks. Furthermore, I need to know how old and beat up the truck can be but still make it up there. I need to do some more research.

You may have heard the recent news out of Alaska. A major source of oil will be shut down for a little while, inducing the governor to enact a hiring freeze on all new state employees. This was troubling news...troubling news indeed. However, after a few quick phone calls, it appears that I was hired just in the nick of time. So, everything is still working out.

The boss-man is making us come in on the Saturday. It's not a half day or anything like that. We need to play catch-up. Ugh.

2006-08-07T18:45:00.000-07:00

What a difference a day makes!

Well, my co-worker (the one who was supposed to convoy up with me) has received some interesting news today. As a result of that news, it sounds like he'll remain in California until he can get some issues resolved. What that means for me is that getting to Alaska has suddenly become a whole lot more complicated.

Without my friend, I will have to arrange my own transportation. The question is whether I should fix up my parents van, which may cost in the thousands, or try to purchase a vehicle here, which will not be Fairbanks ready (in terms of engine block and oil pan heater, etc).

The worst part is that I must make this decision tomorrow. Not a whole lot of time to consider the best approach. Hmph.

Either way, I spend a lot of money that I don't have. There is going to be a lot of creative financing in the next day or so...

2006-08-06T23:44:00.000-07:00

Hello friends and family,

This begins my first online journal. I promise to make an effort this time around.

As an introduction to those who don't know me, I'm a lawyer from California who has recently taken a job in Fairbanks, Alaska.

My decision to do this has little to do with an inherent desire to live in Alaska. It is a very cool state; appealing to many of my interests: it is vast, wild, politically libertarian...all great attributes. However, the real underlying motivation for this move has more to do with random wanderlust.

It all started with a co-worker's earnest efforts in fulfilling his longstanding dream to move to Alaska. Bootstrapping on his research, I quickly found out how feasible it could be for me. And then, I got to thinking about how easy it is for me in contrast to my buddy. I have no family of my own, no property, no ties that bind us. Furthermore, if I don't do something soon, I can see inertia taking over. The need to see other places and meet other people being slowly replaced with the comforts of predictability.

After six months of toying with the idea, intervening circumstances turned a fanciful notion into a reality. And so, after being offered a job in Alaska, I am going to take that leap.

I have spent much time looking at other blogs on the internet. Few offer practical advice regarding moving to Alaska. Perhaps that is because it isn't really that big of a deal. Perhaps not. The purpose of this blog, aside from updating my friends and family, is to detail my experience, including my mistakes, in order to better inform others.

As I sit here at my computer in California, Alaska seems like a dramatically different environment from the ones I've been used to. I am hoping to dispel the mystery of Alaska for those of you similarly situated.

The beginning

Of course, it is perhaps easier for me than many others. As a public defender, I've been able to line up a good job with a wonderful office in Fairbanks before departure. Clearly, that's a bit different from the rugged pioneers who left without that safety net. However, my past experience in finding temporary jobs with my resume has been extremely poor. Few employers want to hire someone who is likely to quit as soon as something more appropriate opens up.

The list. Things to start thinking about:

1. Car: my current car will not make it up to Fairbanks. Nor will it fare well while there. It has been a wonderful vehicle, but a Ford Escort seems a bit innappropriate for the wild, frozen north. I'm thinking about purchasing a Ford F150 when I get there because there is no sales tax and the vehicle will likely run under frozen conditions. Luckily, my co-worker is moving at the same time, so I get to drive his wife's car. I'm going to stuff it full of my things.

2. Apartment: Little information as to desirable locations is available on the web. Luckily, a co-worker will put me up for a little while as I look for a decent place to live. I will post as information becomes available.

3. Warm clothing: I am cutting it close, I know. Winter is just around the corner, and I am certain that my California-wear is not going to cut it in -60 weather. Luckily, I have some stuff from my time in Michigan, but that experience has taught me that more will be needed. Again, not a whole lot of stuff on the web. I will post more as I find out what is required.

4. My stuff: I have lots of stuff. I think I'm going to lose most of it. I want to keep my clothes, computer, TV, DVD player, and some books. I'd like to be able to put it all in the car, but we'll see.

5. Digital camera: Obviously, I'll be needing this for you all. I will remedy this as soon as possible.

Wish me luck! More to come...