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UNEMPLOYED? NO JOB PROSPECTS? HOW TO PICK A STATE BAR EXAM

jdoasis
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(Orangutan, 366
 
Points)
 
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By Joni Wiredu, BARBRI Senior Director of Legal Education
It’s a question many students have when stopping by the BARBRI table to enroll: how to choose a state bar exam if currently unemployed? The good news is that BARBRI is the only bar review course offered in all 50 states, including Washington D.C., so you have options. You can take our course in the state you’re considering and there may even be a lecture location you can attend right in your area. Be sure to check with your BARBRI representative for more information.
KNOW WHAT YOU REALLY WANT AND REMAIN COMMITTED

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Attorney-Client Privilege: Does the Subject Matter Waiver Doctrine Apply to Extrajudicial Disclosures?

Robert L. Abell
    
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(Monkey, 59
 
Points)
 
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The subject matter waiver doctrine posits that a client's offer of his or his attorney's testimony as to a specific attorney-client communication waives the attorney-client privilege for all other communications on the same subject matter.  Generally, the doctrine arises in litigation where a party discloses some art of privileged communications yet still wishes to keep privileged some other parts.  Application of the subject matter waiver, however, raises different concerns when the privileged comunications are disclosed in an extrajudicial setting, such as during business or commercial transaction negotiations.  The Illinois Supreme Court held recently in Center Partners, Ltd. v. Growth Head GP, LLC, No. 113107 (November 29, 2012), "that subject matter waiver does not apply to the extrajudicial disclosure of attorney-client communications not thereafter used by the client to gain an adversarial advantage in litigation."  
Center Partners is a business tort suit, and at issue were disclosures of privileged communications among some of the defendants while they were negotiating with third parties and among themselves the terms of a real estate and commercial property deal.  The plaintiffs invoked the subject matter waiver doctrine and argued that these disclosures waived the privilege as to all communications on the same subject matter.  The Illinois Supreme Court following decisions of the Second and First Circuits disagreed unanimously.

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One and Done—The Best Bar Exam Motto

leeburgess
    
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(Monkey, 35
 
Points)
 
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When I was taking the bar exam, I had a personal motto for myself, “One and Done.” I would tell this to myself when things got hard, when I got frustrated, or when I just wasn’t sure I wanted to keep working. I was going to give this everything I had and then some, because I wanted to do this only once.
 

If you are taking the bar exam for the first time, you want to do what you can to make sure this is the only time you need to take the exam.
I spend a lot of time talking to people about bar exam experiences, including those ending in failure. What is interesting is that most folks seem to have an idea of what might have happened to cause the failure. They will mention things like not studying enough, being distracted, struggling with anxiety, or not practicing enough. They will confide in me that they knew that things weren’t going so well, but they just trudged forward hoping it would work out. Sometimes it does, but often it doesn’t.
The question I always ask myself is why students don’t take steps to remedy the situation when they know on some level it isn’t working. Usually the answer is something along the lines of “Well, everyone is telling me if I just do what the commercial bar review course tells me to, it will be fine.”

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What Should You Take Notes on When Your Professor Won’t Discuss the Law?

TheGirlsGuideTo...
    
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(Baboon, 165
 
Points)
 
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At some point in your law school experience, you’re likely to encounter a professor who — brilliant though he or she may be — just isn’t that interested in discussing “the law.” Sure, they’ll go on for hours about their pet theory of justice, or an esoteric research problem they’re working on, but good luck getting them to explain how Rule 4(k)(2) works.
This can be a frustrating scenario. (After all, you are paying for LAW school.)
Chances are good they’re not going to change their teaching style (hooray, tenure), but you can develop some coping mechanisms.
Handling Professors Who Don’t Teach “The Law”
With the right mindset, all is not lost.

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Job Hunting 101: Google Yourself

leeburgess
    
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(Monkey, 35
 
Points)
 
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Have you Googled yourself lately? If you haven’t, go ahead and open another window and type in your name. I just Googled myself, as well. You want to know what comes up? A photographer (not me), my website for my business, my LinkedIn profile, then some links to a guitarist who also shares my name. Not bad really. If someone was looking for Lee Burgess in the legal field, he/she could find me. But more important than that, there is nothing there that I don’t want others to see.
So what came up on your list? Was there something that you weren’t pleased with? Or could someone not find anything at all about you?
You might be wondering what can be done to clean up your online presence. Don’t worry; we are here to help.
Step 1: Read this post by Alison on The Girl’s Guide to Law School. It gives you a step-by-step guide to cleaning up your online profile.

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It’s Not Your Horrible Law Job. It’s You

leavinglaw
    
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(Baboon, 109
 
Points)
 
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Unhappy lawyers often think that their problem is simply their horrible job. And I’ll be the first in line to say that the daily job of practicing law is nasty. Unpleasant, hostile people (and then there’s opposing counsel), unrelenting pressure of perfectionism, too damned much tedium and unbearable boredom, plus there are far, far too many hours expected.
But there’s also another truth at work: Some of the horridness of your job stems from your own toxic attitudes. About money, about what work should and should not be, about what you need to feel OK about yourself, about what you should do in the face of obstacles and roadblocks.
Would you agree with an alcoholic who says that she just needs to move away from her toxic spouse, and everything will be fine? Likely not. Yes, breaking up that dysfunctional dynamic is very important, but it’s not the whole solution. Because we all know the arc of the story when the alcoholic doesn’t see her own choices as part of her problem: The wife will simply choose another toxic person to replace the spouse. That’s the choice that feels familiar, and even though dysfunctional, oddly comforting.

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Announcing a New Series: The Confidence Game

TheGirlsGuideTo...
    
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(Baboon, 165
 
Points)
 
844752_40991059-e1327523673669-150x150.jpg

I’ve been thinking about a lot of loosely-related things lately, which are gradually coalescing into one question:
Why aren’t women getting ahead?
And what can be done about it? (Okay, technically that’s two questions, but bear with me.)
What’s the Problem?
Is the problem that women don’t ask? Or are they asking, but still not being rewarded? Are men just more willing to engage in ridiculous self-aggrandizing behavior to get ahead?

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Announcing a New Series: The Confidence Game

TheGirlsGuideTo...
    
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(Baboon, 165
 
Points)
 
844752_40991059-e1327523673669-150x150.jpg

I’ve been thinking about a lot of loosely-related things lately, which are gradually coalescing into one question:
Why aren’t women getting ahead?
And what can be done about it? (Okay, technically that’s two questions, but bear with me.)
What’s the Problem?
Is the problem that women don’t ask? Or are they asking, but still not being rewarded? Are men just more willing to engage in ridiculous self-aggrandizing behavior to get ahead?

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Lawyers Start the Job Seach Now

leavethebar
    
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(Senior Monkey, 83
 
Points)
 
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As my readers enter the new year, I know you are continuing the struggle, slowly grinding through the days in your legal jobs. Those of you who are lucky enough to still be employed fear seeming ungrateful.Euphemisms like "adjustments" and "cuts to match workload" are being bandied about and yes until you can find that alternative, that dream job, you are scared. However, the reality is, you hate your job but appreciate the fact that you can still pay the rent, eat out and even manage more than a staycation.Ideally you'd love to have the money and the security of a satisfying work experience. And you can I'm sure but you just have to keep exploring opportunities, even taking risks and you will find your path.

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Henderson Paper on Mortgage Industry Self-Regulation

Jeff Sovern
    
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(Senior Monkey, 74
 
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M. Todd Henderson of Chicago has written Self-Regulation for the Mortgage Industry. Here's the abstract:

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1L/2L WEBCAST SERIES: TESTING METHODS, GRADES, CAREERS

jdoasis
     O
Certified User
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(Orangutan, 366
 
Points)
 
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By Don Macaulay, President and Founder of Law Preview, a BARBRI company
As the 2012-13 law school admissions cycle winds down and recently admitted applicants begin to decide where to send their seat deposits, it’s a good time to give future 1L students a clearer idea about the law school experience.
UNOFFICIAL ORIENTATION TO LAW SCHOOL
BARBRI has teamed up with Above the Law and Lexis-Nexis to sponsor a three-part webcast series entitled An Unofficial Orientation to Law School. This webcast series, hosted on Google Hangouts (Google’s new video chat platform), will inform newly admitted law school students about what to expect during the all-important 1L year.

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Inverse Ratio = Logical Confusion

JonathanPink
    
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(Senior Monkey, 70
 
Points)
 
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We’ve got a mouse living under our kitchen sink. I’ve been trying to kill it, but now I’m wondering if I couldn’t use as it pet therapy. It doesn’t seem to be helping with my anger management.
We also have a gopher! It’s ruining the back yard. I bought some device to kill it: basically a smoke bomb that you light and then quickly bury into the sucker’s hole. It has a fuse that lights — and progresses — remarkably and comically quickly. After buried, you can hear the device fizzing and smoking in the hole for seems like a really long time. It’s suppose to suffocate the rodent. I’ve tried 3 of them. They don’t work, but they’re really fun.
Speaking of pests and the fun they can bring, back to the plaintiff one of my music copyright cases. We’ve moved for summary judgment, and plaintiff has opposed (naturally). One of plaintiff’s arguments is interesting. Although I told the court to assume access for purposes of this motion, the plaintiff has tried to make an issue out of access, and more particularly out of access in light of the 9th Circuit’s unique take on the “inverse ratio rule.”

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Kaplan Survey Indicates Pre-Law Interest in Non-Traditional Jobs

Clear Admit
    
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(Monkey, 57
 
Points)
 
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According to a recent Kaplan Test prep survey, a significant number of pre-law students are looking to put their law school degrees to use in non-traditional fields. Out of over 200 pre-law students polled, about half say that they are interested in pursuing jobs in nontraditional fields. Nearly half of these individuals indicated that the current job market for law school graduates had an impact on their decision. A recent report by the American Bar Association showed that just 56% of 2012 graduates secured full-time jobs that required passage of the bar examination—a 1% increase as compared to last years graduating class. Furthermore, about 43% of those who completed the survey indicated an interest in pursuing business.

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Long-Term Disability Benefits: Is The Risk of Relapse A Continuing Disability?

Robert L. Abell
    
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(Monkey, 59
 
Points)
 
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Is the risk of relapse a
continuing disability requiring payment of long-term disability (LTD) benefits? The
First Circuit considered this question and decided the answer was
"yes" in its recent decision, Colby v. Union Security Insurance
Company, No. 11-2270 (January 17, 2013)
.
Julie Colby worked long hours as an anesthesiologist, suffered
from severe back pain, and, as a result of her access to pain medication
through her job developed a troubling opoid dependence.  After being
discovered passed out by a colleague, she underwent in-patient substance
abuse treatment at a facility in Atlanta, Georgia.   

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You Failed the Bar Exam: Eight Tips to Figure Out What Went Wrong

leeburgess
    
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(Monkey, 35
 
Points)
 
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If you received bad bar exam news, we are so sorry! We hope these tips will help set you up for future bar exam success.
One of the first things to do is to identify what went wrong. I have been getting emails recently from students who have been struggling with this step in the process, so I wanted to share some additional tips.
You might be amazed at how much you can learn about what went wrong by looking at your score report, at your answers (if you have them), and thinking back to the exam experience.

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Want to Quit Your Law Job and Travel the World? This Entrepreneur Did

TheGirlsGuideTo...
    
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(Baboon, 165
 
Points)
 
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Here at The Girl’s Guide, we’re a sucker for lawyer-turned-entrepreneurs. (I wonder why.)
Today, we’re excited to introduce you to Elizabeth Leonard, a Penn Law grad who left her public interest law job to create Blue Bridge Project, which provides life-changing travel experiences to high-school students.
Ever wanted to chuck your law job and travel the world? Well, Elizabeth actually did it! Here’s her story:
You have an interesting background, in that you went to law school, worked as a public interest lawyer, then started the Blue Bridge Project. This path from law to entrepreneur is one that’s happening a lot these days. Was this your plan when you started law school, or did it develop afterwards? How did you decide that entrepreneurship was right for you?
I knew going into law school that I wouldn’t love litigation (I was probably the only law school student who enrolled without seeing a single episode of Law & Order!) but I certainly did not know that I would start my own business within 3 years of graduation.
I went into public interest law because it afforded me the quickest path of learning what it was really like to be a “traditional” lawyer.
I liked working as a public interest lawyer, particularly when I interacted with clients, but the glacial pace of litigation was frustrating. I quickly realized that I was definitely a “people person” and drafting briefs in the privacy of my own office day after day got lonely for me.

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Why I Left Biglaw

leeburgess
    
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(Monkey, 35
 
Points)
 
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Alison and I have been talking a lot about jobs lately (really, who hasn’t?). And I decided I wanted to share why I left my biglaw because I hope it can help some of you make better choices for your future.

When I went to law school, I wasn’t sure what I wanted to do.
I went to law school after working in high-tech consulting. To be honest, I didn’t love it. It was a good post-college job and I learned a lot, but I knew it wasn’t what I wanted to do with the rest of my life. It was time to go back to school, but I didn’t know exactly what I wanted to do. I am from a family of attorneys so law school was on the table and, clearly, was what I decided was the right path. But when I started law school, I did not know what sort of law I wanted to practice. I was there to learn a lot and figure it out as I went along.
Fast-forward to my 2L year and OCI.
Turns out I was pretty good at law school. When it came time for OCI (on-campus interviewing), I don’t even remember thinking about what jobs I would apply for. I basically applied for all of the firm jobs, because I could. I knew I was competitive for these jobs (good grades and prior corporate experience) and the people at career services (as well as others around me) were telling me that if you could get one of these jobs, you should. So I tossed my hat into the ring.

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Walking Into a Better Law Life

leavinglaw
    
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(Baboon, 109
 
Points)
 
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I really hate how much a 25-minute walk in the morning turns my mood around. There, I said it! As a coach, I’m all about tools to improve your life and get you moving forward toward your dreams. I feel like I should be enthusiastic and positive about the ones I know that work, like exercise,
I’m just not that into walking. The movement itself does not thrill me. Unlike my new love, tai chi, which is graceful and flowing; I just adore it. Or like some of my old loves, horseback riding and dancing. All about flow and grace and harmony, some of my most favorite things.
But this morning, it was finally sunny and heading toward warm for the first time in a while, my mood was crashing, and I knew I needed to rebalance those pesky perimenopause hormones by moving. So I did. I went for a walk.
I am very fortunate that my street is pretty interesting for me. I love gardening, and there are lots of nice gardens along the way to admire and inspire. Plus the singer in me loves hearing the birds chirping like mad to catch up on their chatter lost to nasty weather lately. It is a feast for some of my senses, and I do try to really observe, notice and appreciate what’s around me. In other words, I am present as I walk.

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My Three Best Tips for Time Management Awesomeness

TheGirlsGuideTo...
    
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(Baboon, 165
 
Points)
 
183128_7390-150x150.jpg

Time management is critical in law school. It’s easy to feel completely overwhelmed with the competing demands on your time, which can lead to a total meltdown. We’ve all had them.
In the name of meltdown avoidance, let’s talk about a few techniques for time management.
These techniques share two things in common: a focus on accountability and an emphasis on effort, rather than output. You can make all the schedules, plans, and to-do lists you want, but if you spend half of your allotted study time on Facebook then stress out about it all night, things aren’t likely to end well.
These techniques enable you to spend less time working, and get more done. Sounds like a win/win to me, no?
Without further ado, my best time management strategies:

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From Lawyer to Entrepreneur - It Ain't That Easy

leavethebar
    
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(Senior Monkey, 83
 
Points)
 
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Or is it?

That report of the lawyer who was so stressed out at having no success at her job search that she was reduced to offering her services as a cleaning lady, inspired me to examine cases of lawyers turned entrepreneur. Only last week Am Law carried a post by Vivia Chen who had had enough of the stories of moms who finally found the "perfectly balanced life--particularly the fantasy that home and work mesh wonderfully once you hop off the legal or corporate track."
Despite the apparent harshness of Chen's criticism, it does have some validity, as it is likely that the account by Sarah Davis the lawyer in question - doesn't tell the whole story.
So there is Ms. Davis telling the world how she started out as a struggling law student (those loans you know) selling bags on eBay for profit and now she has a store in Beverley Hills, California selling high end luxury bags for thousands of dollars. Come on now! The initial investment in luxury bags isn't exactly cheap, is it?

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