Twenty years ago today I took the oath. After four years of college, three years of law school, the bar exam, this was the day. But as I mentioned yesterday, my ceremony was rather unremarkable and unmemorable. And I’ve been through several admittance ceremonies: Massachusetts was cool, taking the oath in Federal Court in Boston was something I remember, and the US Supreme Court was totally memorable. But after I passed the Connecticut bar exam and got admitted, the ceremony was so lame that I almost felt bad that my mom and my brother schlepped all the way out from the Cape to see it. So it’s not my ceremony but my friend Nancy’s, who was sworn in a few days after me, that I remember most. That’s what I want to share with you.
Posts Tagged ‘For Attorneys’
20/5: This journey started 20 years ago tomorrow
Monday, December 6th, 2010
Tomorrow at about 10:00 am will mark 20 years. It was on December 7, 1990 that I was first sworn in as an attorney. I remember being totally pumped the night before… knowing that when I went to bed tomorrow night, I would be the attorney I had spent so many years preparing to be.
To Reaffirm or not Reaffirm: That Really Is The Tough Question
Sunday, November 21st, 2010
Chapter 7 debtors who have debt that is secured by property have a number of options, and among them is reaffirmation. A simple way of describing it: when a debtor reaffirms a debt, they are removing the debt from the bankruptcy and are agreeing to pay it. Such agreements – to be enforceable – must be reduced to writing and approved by the Bankruptcy Court. But since 2005, when Congress amended the Bankruptcy Code, attorneys who represent chapter 7 debtors have been struggling with a dual rule: that of attorney and counselor, and that of judge.
When Bankruptcy Attorneys do a Wicked Bad Job
Tuesday, April 6th, 2010
I’ve been doing a lot of research lately on attorney malpractice… specifically, bankruptcy attorney malpractice. More and more attorneys are popping into bankruptcy practice because they think it’s the new growth area. And sadly, some are doing a god-awful job at it – and in some cases, they are hurting debtors. So in my research, I came across this case that came down last Friday out of the Northern District of California.
What caught my eye about it was the opening sentence: “[t]he schedules filed in this Chapter 7 case by [debtors’] attorney …contained horrific omissions, including a furniture store filled with furniture, a $13,000.00 bank account, a 2008 Mercedes automobile, and real property.” [emphasis added]. As I read the decision, I learned that the term “horrific” was justified, and then I wondered to myself…’how many other lawyers are out there doing the exact same thing as this guy?’
A Discussion About “Professional Courtesy”
Tuesday, August 11th, 2009
A few months ago, I terminated representation of a particular client. There are many reasons representation ends – and from a factual standpoint, they are no one’s business except me and the client. The reasons for that are quite simple: I am duty bound to keep the confidences of my client. My fired client then went to another attorney who, after meeting with him, decided to call me.
“Why did you fire the client?” I was asked.
“You know that I cannot disclose the reasons why.” I replied.
“Oh, is that how you want to play?!” was the intemperate response. The conversation then got a tad ugly, and the new attorney insinuating all sorts of nice things. None of which were true – and none of which I could discuss.
And all I could do was sit there in silence. (more…)