Wednesday, August 29, 2012

Class is in Session



To quote Ice Cube, "today was a good day."  Instead of working my fingers to the bone cloistered away in my office, I had the pleasure of speaking to a group of students at Atlanta's John Marshall Law School.  My former evidence professor, Liza Karsai, was nice enough to invite me to talk to her class for the day about what I have learned so far in the practice of law.

I had a blast speaking with her students. Once I stopped my oratory and let them ask questions, things went great.  Their questions ranged from getting a job, dealing with unruly opposing counsel, to attracting the clients you want.  I sincerely hope they got as much out of our two hours together as I did, and I am excited to have more chances to talk with students in the future.  I handed out my cards to any student that wanted one, and I've already been contacted by a couple to thank me (great!).  Not having taught since I graduated from law school, it was nice to get back in front of a class.  I owe Prof. Karsai for a wonderful afternoon.

This was not my first visit to JMLS since the bar exam, but it was my first chance to really talk about what I do.  Our discussion has me reflecting on the years since I finished law school and how far I've come as a lawyer.  I remember meeting my first client and accepting my first fee.  I had no idea how to file a case in the Superior Court, but law school did teach me where to find the answer.  I have since learned how to customize my practice with clients and cases that I want (after learning how to file the case I just mentioned, of course).  I have learned that even the smallest speeding ticket can be important to someone, and that a client loves to hear that it's important to their lawyer, too.  I enjoy helping people with the issues life throws at them, and I can sleep at night knowing that I am impacting lives.

In my first few years of practice, I have won over $100,000 for my personal injury clients, received some 'not guilty' verdict for criminal defendants, and helped parents fight for custody of their children.  I may not have million dollar verdict yet, but I am certain that what I do makes a difference to the community I serve.  To me, that's what matters most.

A little reflection never hurts.

JD

John D. Duncan is president of J.D. Duncan, PC, founding partner of Prater, Duncan & Craig, LLC in Newnan, Georgia, and is Esquire by Day.  You can find him at www.jdduncanlaw.com, or follow him on twitter and Facebook. 

Monday, August 27, 2012

Courtesy as Currency



Ah, my portable office.  It's a nice day in Newnan, and more importantly outside of Barnes & Noble in Ashley Park, while I sip my morning coffee in between appointments.  I really should do this more, especially now that the weather is a bit cooler than the dog days we had in July.  I came from Troup County State Court this morning to work out a plea agreement for a client before jetting off to a meeting with the other members of the Newnan-County Bar committee.  So I am spending my time before the meeting by taking in some fresh air.  But I digress.

The reason for this post is to emphasize the importance of courtesy.  Having just come from a court that I do not visit often, it could easily have been difficult to accomplish what I wanted.  Just in an hour, I made contact with the solicitor, her assistant solicitor, a fellow criminal defense attorney, the judge's personal clerk, the judge, a bailiff, and the public defender.  Without getting into why I had to speak with each person, let me just say that I needed all of them to help things go smoothly for me and my client.  Being courteous to each of these people, telling a joke, asking about the weekend, ensured that we conducted our business quickly and without event.

Now I would love to tell you that each of us has the ability to make things happen on our own, but that's just not true.  The fact is that, even the movers and shakers of our society rely to some degree on the assistance of others.  For some, it may be getting a question answered at the DMV without being told you were in the wrong line.  You may need the door opened for you when your hands are full of bags and baby.  Perhaps your variance application is nestled between piles of paperwork and you need someone to take a quick look.  In any event, someone will need to help you, and help doesn't usually come to those who demand it.  Those that build rapport with others and are polite, however, tend to catch an extra break or two.  

Help is not the only time that courtesy has value.  In my profession, I am constantly collaborating with fellow lawyers, experts, witnesses, and support staff.  Sure the work might get done if I am rude, but will it be better?  Faster?  Maybe not.  Worst, though, is that chances are good no one will want to work with you a second time.  In the end, this of course is detrimental to you in some way.  Even within my firm, courtesy begets courtesy, and I tend to get things done quicker with my people (and with a smile) because I am polite.  And besides, it is way easier to ask for extra hard work after having just asked about your secretary's dog than having just issued a clear "no personal issues" mandate.  We aren't' grizzly bears, so why act like one?

Bear in mind, being courteous is not being a door mat.  No one expects you to sacrifice yourself everyday just to be a nice guy.  And no one really wants to tell you about their family history.  I am also not advocating that you take your assistant out for tea once per week and ask about her boyfriend.  All I am saying is that a smile goes a long way.  Not everyone will like you, and you shouldn't try to please them all.  But for goodness sake, we could all use an extra friend, right?

Just think about it.

JD

John D. Duncan is president of J.D. Duncan, PC, founding partner of Prater, Duncan & Craig, LLC in Newnan, Georgia, and is Esquire by Day.  You can find him at www.jdduncanlaw.com, or follow him on twitter and Facebook. 

Friday, August 24, 2012

Mediation: Is it useful?

In a word, yes!  But let's talk about what mediation is for those that don't know.  Mediation is a chance for two sides of a problem to meet with a neutral third party to facilitate an agreement without trial.  Typically this consists of both parties to litigation, their lawyers, and the mediator.  In the Coweta Judicial Circuit, like many districts in Georgia, the Superior Court has a standing rule that no domestic case (divorce, custody modification) can have a final hearing without first having gone through mediation.  This means that I mediate a fair number of cases with my family practice.  In fact, you might be reading this now because you are about to mediate yourself.



So, why do I think mediation is useful?  For starters, it is a chance for litigants to work out their differences without a judge.  Not that judges are bad; quite the contrary.  When you let a judge decide your case, however, the judge alone is in charge.  In mediation, you can set your own terms and remain in control.  For most people, the ability to control their case is paramount.  When both parties are reasonable in mediation, the chances of crafting the best case scenario deal are way better than trying your case to the judge.

Speaking of reasonableness, you might think mediation is a waste because the other side is so crazy/silly/totally off-base.  Truth is, people are usually much more reasonable in a mediation setting.  Why is that, you ask?  Well, each party is more than happy to act like a jerk to their soon-to-be-ex in the privacy of their own homes, but put them in the same room with their lawyer, a lawyer they don't know, and a mediator they don't know and you will find the most roaring a*hole becomes the epitome of calm.  This surprises most people when mediating, which is why so often an agreement is reached.

Which brings me to my next point.  You might not want to mediate, but in my experience, about 80% of the cases I mediate settle at mediation (at least in part).  These cases settle when the parties buy in to the process and come with a good faith attempt to resolve their issues.  Your case might not settle, and the other side might still show up with no intention of settling, but usually things work out for the best.

Finally, we cannot underestimate the power of a great mediator.  Mediators are not trained to care whether an agreement is reached or what is agreed to.  Their primary purpose is to facilitate your conversation with the other side.  Sometimes this takes place with all parties in the same room, and other times you will caucus privately with the mediator.  In either scenario, the mediator with play devil's advocate and problem solve with you to come up with solutions you can live with.  Thankfully, we have great mediators in my circuit.

If you are prepping for mediation, remember to go in with an open mind.  You may not agree on everything, but your chances of finding common ground are high and the other party just might surprise you.

Best of luck!

JD


John D. Duncan is president of J.D. Duncan, PC, founding partner of Prater, Duncan & Craig, LLC in Newnan, Georgia, and is Esquire by Day.  You can find him at www.jdduncanlaw.com, or follow him on twitter and Facebook.

Tuesday, August 21, 2012

The Stand-up Desk: An Endorsement

For those of you that have been reading my page for a while, you know that I built my New Desk about eight months ago because I couldn't find anything in the market that suited me.  In earlier posts, I focused on the shape of the top as a great way to add workspace to my office without the annoying corners of a typical rectangle.  I also mentioned that the height is adjustable, but I never went into much detail of how it worked, or why I use it.  Thus, this post is born.

I have no idea how long stand-up desks have been in use.  Maybe some Renaissance businessmen used extra tall tables to get their work done, but I just don't know.  What I do know is that Thomas Jefferson used desks for standing, and if it's good enough for a Founding Father, it's good enough for me.  Bill Gates also advocates for stand-up desks.  He has been known to implement standing board rooms to streamline the meetings over all-day sitting sessions in comfy leather chairs.  And now, the Microsoft offices in numerous locations have standing conference, or meeting areas, to promote collaboration.  On its face, it makes sense to me that I would not prolong a meeting where I was standing up as opposed to some opulent calfskin lounger.

First, let's talk about the health benefits.  Sitting all day is a real drag.  My back hurts from leaning forward (maybe I have my chair to blame), and I can feel myself growing more lethargic as the day goes on.  When I sit all day, I am more likely to eat a bigger breakfast, fatty lunch, and probably a snack around 3 pm.  Why do I need all these calories when I'm just sitting?  Of course I don't, but what else is my body to ask for when I can't get off my rear?  I am more likely to get distracted by email or Facebook when sitting, and everything just seems to go slower.

When I stand, however, everything changes.  I can feel the blood flow through my legs and work goes by quicker.  And by quicker, I mean I am more efficient.  When the synapses are clicking away, email takes less time, phone calls have more energy, and I am not eating my face off all day.  I can't forget to mention that when I'm standing and one of my partners comes in, the meeting is considerably shorter and to the point than if we hunkered down in my chairs...bonus.  I may not want to stand for 8-10 hours every day, but a few in the morning and afternoon does the trick.

The problem with a dedicated stand-up desk in my law office is that clients typically do not want to stand when they come to meet me.  Comfort is the key to a successful prospect meeting, and if they felt like I was rushing them out I might never get business.  So I can't use a desk the way Jefferson or Gates uses one because I have to be able to sit during client meetings.



There are tons of mechanical rising desks online that you can purchase.  These desks are push-button functions, and I assume they move slow enough not to throw your stuff all over the room.  I could have bought such a system, but they are expensive and I am not sure why.  What happens when the motor runs out, does it fit my aesthetic, does it fit my desk?  Too many questions for me, so I looked elsewhere.

I found the perfect legs for my desk at IKEA, of all places.  You can see by the pictures that my find is a simple a-frame made of solid wood that I stained.  The rise and fall is set by pegs that go through holes in the bottom.  It may not look as cool when I am moving the desk up or down as a push button, but I love it once moved.  With this set-up, I can stand up all day to work and sit when my clients come in.  Best of both worlds.

As lawyers, I think the profession gets sentimental over their workspace.  New desks are not purchased ever six months, so not all of you will be in the market for a change.  If you are considering something new, I cannot recommend a stand-up desk enough.  When I built mine, I knew I would like it, but I had no idea just how enjoyable it would be.

Enjoy!

JD

John D. Duncan is president of J.D. Duncan, PC, founding partner of Prater, Duncan & Craig, LLC in Newnan, Georgia, and is Esquire by Day.  You can find him at www.jdduncanlaw.com, or follow him on twitter and Facebook.

Monday, August 20, 2012

Why you should want a Will



Many lawyers will tell you that you absolutely MUST have a will, and proceed to spout off numerous problems with not having one.  Truth is, the problem isn't really yours, is it?  I mean, you won't be around to deal with the problems, so why should you care about the issues that might arise?  Therefore, I will not tell you why you simply must drive to your lawyer's office and draft one right this minute.  No, whether you perceive it as a need, you should want a will.  Let me explain:

1.  For starters, having a will does make things easier on the people that you leave behind.  In Georgia, like other states, have statues regarding intestacy, which is the legal term for a dead person who has no will.  Without a will, the statutes in effect upon your death will govern all aspects of your estate.  Whether your estate consists of bank accounts, a house, car, or personal items, without a will the probate court will have to appoint someone to decide what to do, approve that plan, and basically make things slow and difficult.  If you could make your family's time easier, wouldn't you want to?

2.  Besides making things easier for your family, having a will means that you control where your stuff goes.  It's your stuff, right, so why not dictate who gets what?  Without a will, the intestacy statutes will govern, and no one really gets a say aside from the probate judge.  If you want your Gibson guitar to go to your brother, the only way to ensure this happens is by bequeathing it to him.  Your family may get along now, but trust me when I tell you that they will fight after you pass.  Having a will keeps the fighting to a minimum and allows you to control what you want to.

3.  What I consider the most compelling reason to write a will is this:  your will is your last letter to the family you have left behind.  No other document exists whose sole purpose is to be read after you are gone.  Picture your family huddled around an attorney's desk for the reading of your will.  What they are about to hear is the last message you can send them.  "To my son, Albert, I give you all my love and affection..." etc.  To me, a will is such a great opportunity to blow one last kiss to your spouse, one more hug to your friends.  If I had to choose between making one last statement to my loved ones and not doing so, I'm choosing to give one last speech.

So, don't think about why you need a will.  There are plenty of reasons why no one should leave the house without a will.  Chances are you know about these, and they are clearly not compelling enough if you still haven't written one.  Instead, think of your will as one last opportunity to put a smile on someone's face.  Your family will be glad that you did.

Happy drafting,

JD

John D. Duncan is president of J.D. Duncan, PC, founding partner of Prater, Duncan & Craig, LLC in Newnan, Georgia, and is Esquire by Day.  You can find him at www.jdduncanlaw.com, or follow him on twitter and Facebook.

Thursday, August 16, 2012

Suck the Marrow Out of Life



I love this phrase, coined by Henry David Thoreau.  Part of it for me is the visual I get when I hear it spoken, like a caveman eating every possible piece of his kill before going out and hunting again.  Aside from the primal imagery is the emphasis on the here and now, as if this might be the last "meal" you get, so eat it all.  How often have you thrown away a half-eaten chicken only to go out and buy a Big Mac hours later?  More on point, how many of you are stuck in jobs you hate, relationships that are toxic, or otherwise not realizing your full potential?  Sucking the marrow out of life means, to me, that I should probably get up early and use my time as best I can, because we never know when it's your last day.

I think of a scene from Fight Club, where the unnamed protagonist played by Ed Norton discusses the point:

"It used to be that when I came home angry and depressed I'd just clean my condo, polish my Scandinavian furniture.  I should have been looking for a new condo.  I should have been haggling with my insurance company.  I should have been upset about my nice, neat, flaming little s*.  But I wasn't."

Clearly he has just realized that there is plenty of marrow left in his life, and that he had not before this moment even recognized that he could do better.  Most of us do not reach our full potential every day, let alone in life.  But that's really not the point.  Most of us aren't even trying.  And this isn't about accumulating the most crap.  You will always find someone that has more money than you, a better job, etc., but that shouldn't mean that you just give up.  Whatever the size of your carcass, eat and enjoy every bit.

So, why the rant?  Aside from seeing litigants sell themselves short in court, I see it in my peers.  Lawyers practice with those they would rather not all the time, and for what reason, I cannot imagine.  How can you get the most out of your day if there is a constant source of conflict in the office?  You can't.  Now you have options:  do you (a) deal with the problem and move on to more productive activities, or (b) let it fester until you can think of nothing else and allow the tiny pea to wreck your entire practice?  The choice is always yours, but only one gives you the most of your life.

If you are unhappy with something in your life, change it.  In a bad relationship, end it or fix it.  But don't sit on the couch wishing your life was better.  Whatever lot in life you have drawn, get the most out of it.  Maybe that means taking a vacation in October, or taking target practice in your new suit.  Tell your wife you love her, hug your kids.  Whatever the means, get what you want out of life.  You might not get a chance to complete what you put off for tomorrow.  Make a change today, and suck all the juicy marrow out of life you can.

Cheers,

JD


John D. Duncan is president of J.D. Duncan, PC, founding partner of Prater, Duncan & Craig, LLC in Newnan, Georgia, and is Esquire by Day.  You can find him at www.jdduncanlaw.com, or follow him on twitter and Facebook.


Wednesday, August 15, 2012

The Importance of Looking Your Best



Practicing law I am exposed to a nice cross-section of my community.  I work every day with the most affluent professionals in my area through my colleagues and the businessmen and women that hire us.  I also see those less fortunate in the court system, many of which have no choice but to apply for legal aid to help with their problems.  Of course, not everyone has the same economic means as their neighbor, but looking your best is extremely important in our justice system, and out in the real world.

Take my office, for example.  Practicing law is taxing, and some days I just want to show up in jeans and get work done.  Problem is, prospective clients don't really want to see their lawyer in jeans, even if this is nothing more than an unconscious message that something just isn't right.  I still work in jeans some times, mind you, but it is always with the understanding that I am sacrificing my business to some degree.  By looking my best, i.e. a suit or at least a tie, I ensure that my clients will get something they expected, and the red flags in their brain never surface.  Shaving, combing my hair, shining shoes, all are things that society just expects of someone in my field.  If I don't provide them with that image, they look for an excuse as to why my appearance is different.  Of course, I don't just wear the standard white shirt, blue blazer, rep tie combo, but even the most outrageous tie is better than no tie.

At its base, my goal is to get clients to hire me and pay their bills in a timely manner.  Looking my best just makes that easier, whether I am a lawyer, doctor, or plumber.  The point is this:  looking your best makes your goal easier.  "Your best" is defined by your objective.  So, if your goal is to convince fellow thugs to take you into the inner sanctum and rob a bank, your appearance will differ from applying for a loan at Wells Fargo.

I see the problem in court every day, where some folks have clearly considered the hearing before them more important than others.  What some fail to realize is that our justice system is based on asking other individuals to do something for us, whether it's a single judge or panel of jurors.  I cannot tell you how often I see litigants in court with arm tattoos, dirty t-shirts, and flip flops confused as to why the judge won't agree with them.  These people may not have loafers and a blazer, but a clean shirt should not be that difficult.  A judge is tasked with making difficult decisions with minimum amounts of time, and one's appearance and demeanor in court is necessarily a factor in that decision.  I am not saying you will always get what you want, but it surely is easier to explain why the drugs weren't yours in a tie than a pair of cammo shorts and birkenstocks.  

I feel compelled to write this today in part because I have noticed that I do better and act better when I look my best.  I am more likely to persuade a judge in a suit, and clients hire me when I trade my Levi's for wool trousers.  If you are stuck in a legal battle, your road is difficult enough.  Don't muddy the waters by showing up like you just rolled out of bed.  Show the other participants that you value the process, and I guarantee you will see results.

Now shine those shoes!

JD


John D. Duncan is president of J.D. Duncan, PC, founding partner of Prater, Duncan & Craig, LLC in Newnan, Georgia, and is Esquire by Day.  You can find him at www.jdduncanlaw.com, or follow him on twitter and Facebook.

Wednesday, August 8, 2012

The End of Summer

Ah, summer.  Lazy days by the pool, flip flops, a Dark & Stormy in one hand and my iPad in the other.      With all the mobility of my practice, I could literally get work done anywhere; how great it was.  The idea of doing that, mind you, not actually doing it.  In any event, now that summer is over it's time to reflect on the good, the bad, and the ugly.

THE GOOD

This summer was especially busy for my practice, thanks in no small part to me hiring my first dedicated assistant.  With her help, we were able to crank out quality legal work at break-neck speed.  I was really excited to be trying out a new support position, and am happy to say that it was a success.  Odd to me was that my work centered on reviewing work more than generating it.  Needless to say, it took me a little while to get in the groove.  And now, sadly, my assistant is gone.  Yep, back to law school for her, but hopefully she will have some time for my during the semester.  Time will tell.

For the first few years of my practice, I was using my Macbook for travel and home, but still kept up with a PC at work.  Before summer started, I decided to switch totally to using my Mac, complete with a larger external monitor for the office.  Why I didn't think of this sooner is beyond me, but the efficiency I enjoy now is also thanks to this switch.  Macs are just so much quicker and easier for me.  Stuff works, so I can focus on practicing law rather than the 20 minute Microsoft update every three days.

I also revamped my website, jdduncanlaw.com, which I am really proud of.  This is a site that I created using iWeb, and with the help of Photoshop I am very happy with the aesthetic.  This takes a really long time for someone that is not an expert on web design, but I can't complain about the results.

THE BAD

Billing was a different story this summer.  Using RocketMatter for my practice management software, which I love, is great when you only have one person using it.  To give other users the capability to enter and view specific information means you have to buy a second user through the site.  I did not do this, and I wish I had.  Thinking about the billing hours I lost because my assistant did not have an integrated clock to keep track of her time keeps me awake at night.

THE UGLY

Probably the worst thing about my quick practice was not going to the gym.  I was so busy that my daily run during lunch eventually turned into a "maybe tomorrow" workout session, and you know how that goes.  So now that summer is over, I'm back at the gym busting my tail so I can keep my collar buttoned all day.  Ugh.

JD


John D. Duncan is president of J.D. Duncan, PC, founding partner of Prater, Duncan & Craig, LLC in Newnan, Georgia, and is Esquire by Day.  You can find him at www.jdduncanlaw.com, or follow him on twitter and Facebook.