(“You Have the Right to Remain Silent…”)

Legal Overview - 101 Business of law meets the aspirations of law

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Why Law School?

❖Ability  to  make  a  living.  ❖Prove  yourself  intellectually.    ❖Status  (Majority  of  American  

Presidents  were  a=orneys).  ❖Passion  and  idealism.    ❖Didn’t  want  to  go  to  med  school  (rare).

Alma’s Law School DSM-V

❖ 2 Student Extremes:!1. Competitive + $$$ + Non-Athleticism + Party + Political Science major +

Impress parents+ Delay “real world” = Law School (very common)!

2. Obsessively Studious + Obscenely Smart + Extremely Disciplined + Rigid + Social Misfit (nerd) + $$$ = Law School (top of class)!

❖ Common Student!❖ Socially engaging + Good student (B’s) + Competitive + Sees everyone as his/

her peer (including professors) + Excels at practical externships = Law School (common criminal defense attorney, litigator, or general practitioner)

• The Constitution breathes life into our loftiest goals and dreams.!

• The Rule of Law protects our most cherished ideals!

• All are equally protected: !

• Liberals, progressives, pluralists, nonconformists, conservatives!

• Lawyers, non-lawyers, digital marketers in their prime!

• This is a HUGE deal for lawyers, and should be for all Americans.

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Litigator

• Goes to court!

• Represents clients in adversarial process!

• Highly communicative: comfortable working in conflict, both verbally and in writing!

• Practice areas: Anything that gets into court !

• Plays defense: Head-to-head dispute resolution!

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Transactional

• Does not go to court. !

• Often represents clients up until litigation begins !

• Practice areas: Estate planning; Elder law; Business formation, dissolutions, contracts; Real Estate !

• Plays offense: Avoids litigation, or create best protections to court battle.!

Things You Learn in Law School

❖ Ethics!❖ Legal Subjects!❖ How to Synthesize Facts & Law!❖ Culture of Competition!

1st Year

❖ Contracts I & II!

❖ Torts I and II!

❖ Personal and Real Property!

❖ Criminal Law & Procedure!

❖ Legal Research & Writing!

❖ Civil Procedure I & II

FINALS WEEK

2nd Year❖ Business Organizations !

❖ Con Law I & II!

❖ Evidence!

❖ Remedies !

❖ Professional Responsibility (Ethics)!

❖ Secured Transactions (some states)!

❖ Start Electives

3rd Year & Extracurricular❖ 3rd Year of Law School: Controversies !❖ Extracurricular:    

• Law  Review  • Moot  Court  • ADR:  Mediation  and  Negotiation    • Clinics:  Volunteer  Tax,  Veterans’  Clinic,  Small  

Business,  Domestic  Violence  (Restraining  Order  • Teacher’s  Assistant  • JOBS

Common  Electives:  • Bankruptcy  • Environmental  Law  • Family  Law    • Tax  • Wills  &  Trusts  

Practice of Law The Business Side of Law

–Napoleon Hill, “Think and Grow Rich”

“We refuse to believe that which we don't understand.”

Aspirations & Perspirations❖ Law School teaches you how to compete with peers,

synthesize facts and law, and to always keep ethics in mind.!

❖ Law School does not teach you how to run a business.!

❖ Law School does not teach you how to find your best clients.!

❖ Law School does not teach you how to market your strongest talents and traits.

Sobering Stats• Debt for average law grad between $83,000 - $128,000. !

• Only 57% of law grads became lawyers. !

• Depression and suicide are common among lawyers. !

• 44% of lawyers say they would not recommend the profession to a young person.!

• Alcohol and drug abuse: Rate of addiction is 15% to 20%.

More Sobering Stas

1. Changing Legal Market: DIY legal kits and self-representation increasing!

2. Poor Public Image!

3. Work/Life Balance: Lack of part-time or flex-time arrangements. !

4. Lack of Diversity: Women make up over 1/3 of attorneys, and make 1/4 less on average salary as their male counterparts. Minority stats are in single digits.

“Why Should I Care?”

❖ As legal marketers, our job is clear: To help attorneys reconnect their aspirations with their business goals. !

❖ The Rule of Law matters. !

❖ The Constitution matters.!

❖ Lawyers need help.

SEO: Litigation & Transactions❖ SEO (ideally) connects buyers and sellers.!

❖ Our “buyers” are potential clients looking for attorneys.!

❖ Transactional: clients want to avoid court!

❖ Litigation: clients need to go to court today, and need to win. !

❖ Tip: Most consumers aren’t sure what type of lawyer they need.

Law Practice Marketing

GNGF to the RESCUE!

SEO: Common Phrases❖ Torts = Personal Injury !

❖ This client is injured, scared, has medical bills, lost work, loss of enjoyment of life, and likely feels very angry.!

❖ Car, motorcycle, semi-truck accidents!

❖ Slip-and-fall!

❖ Medical Malpractice (yes, this is PI!)!

❖ Products Liability!

❖ Defamation (injury to reputation)!

❖ Nuisance!

❖ Premises liability

SEO: Common Phrases, cont.❖ Business = Contracts!❖ This client may be sophisticated or a novice. Both are trying to protect assets to high degree and have a

mix of optimism and fear about business. Very success-oriented.!

❖ Employment: non-compete and confidentiality agreements; terms of employment; HR manuals; independent contractor vs. employee!

❖ Business start ups: LLC, C-Corp, S-Corp, LLP, LP, PC. Corporate governance and regulatory manuals; all employee forms. !

❖ Mergers & acquisitions!

❖ Dissolution: winding up; implied, express, and actual agency issues.!

❖ Disputes and resolution!

❖ Emotional aspect: In divorce, you expect clients to be emotionally upset. In business “divorces” it is no different. !

❖ Tip: Many businesses are owned and run by married couples who later divorce. Also,

SEO: Common Phrases, cont.❖ Family Law = Domestic Relations!❖ This client is very emotional, possibly irrational, and worried about protecting kids,

property, and future plans for both. !

❖ A divorce attorney is equal parts therapist, referee, and lawyer. This is an extremely high stress area of law because it will keep you fed, but many attorneys prefer to avoid dealing with high emotions.!

❖ Divorce!

❖ Dissolution!

❖ Paternity!

❖ Custody!

❖ Alimony!

❖ Splitting of assets: applies to nearly every area in DR.

SEO: Common Phrases, cont.❖ Estate Planning = Trusts, wills, elder law!

• Elder Law: !

• Guardianship and conservatorship;!

• Nursing home contracts and disputes; Nursing home abuse;!

• Powers of Attorney: competency is huge issue;!

• Medicare applications — how beneficiaries can hold onto inheritance and mom & dad keep hard-earned money.!

• Trusts and Wills!

• “Failing to plan is planning to fail.”!

• Probate avoidance!

• Will challenges: was the Testator incompetent or unduly influenced? Does the Will’s construction comply with state law?!

• Trusts: Tailor to client and family - great opportunities to market.

SEO: Common Phrases, cont.❖ Criminal defense !

❖ DUI, Felonies, Misdemeanors, Juvenile, Expungements, Restitution!

❖ Environmental Law!

❖ Local, state, and federal statutes and violations!

❖ Zoning issues!

❖ Environmental Impact Statement!

❖ Real Estate !

❖ Environmental issues: zoning, environmental impact !

❖ Contracts for sale, transfer of property!

❖ Business law!

❖ Estate planning !

❖ Bankruptcy!

❖ Consumer vs. business debt impacts filing!

❖ Common phrases: “Means test;” non-dischargeable debts (child support, some taxes, college loans); “cramdown;” keeping vs. giving up property (Can I keep my house, car, jewelry, etc…)!

❖ Financial counseling and guidance, courtroom advocacy !

❖ Court approves of plans, and works with appointed trustees, in most consumer filings!

❖ Non

Things to Remember

❖ History: Political change requires change in laws.!

❖ Rights of all Americans depend on the rule of law. !

❖ Law practice is a synthesis of legal aspirations and practical labor. !

❖ For many of our clients, this is a stressful, yet extremely rewarding career!