Thankful I'm a lawyer

Last week I followed one of my passions - I went to Del Rio and served as a Marshall for the Bassmaster Elite Series tournament. For you non-fisherman, the Elite series is a series of tournaments across the country for the 100 best fisherman in the world. They fish for money - $100,000 is usually first place, as well as points for an angler of the year competition (which pays $250,000)

This was the first year for the Marshall program - basically you get to ride in the boat with a professional angler. Technically, you are there to ensure they follow all the rules - which really isn't necessary because they are the most honest guys in the world. Actually, its a way for BASS to make a little extra money, and expose people to professional bass fishing.

Del Rio was not very South Texas - the temperature never got above 48 - the first day the wind was howling, which is means the lake looked the Gulf of Mexico. I learned within the first 10 minutes that professional bass fishing is not all fun and glory - that would not be the way I way described blasting across a lake at 50 mph in freezing cold (usually they go about 70-75, but the waves made them slow down) Taking it a slow is not an open when you are fishing for the kind of money they are.

If you think practicing law is hard, think again. These guys have to pay $5,000 just to fish in the tournament. They also have to pay for transportation to and from the event, and lodging. Of course they also the normal expenses associated with fishing, such as gas, tackle, etc. If they do well, they might make enough to cover their expenses - if they don't, they are in the hole.

These guys are good (if you think this is sexist, they do have a separate women's tour). Yet they don't have control over anything. One of those is the weather; during the first part of the part when they were allowed to practice, the temps were in the 80's. That all changed on the first day of the tournament. Needless to say, bass (like humans) behave differently when its cold than when its hot. So basically, anything they learned during practice was out the window.

Bass do not volunteer to be caught. Professional anglers know more about bass behavior than we probably know about human behavior. Basically, fishing is trying to trick them into biting an artificial lure. There are thousands of different lures, and hundreds of different ways to fish them. They have to decide which lure, and which technique is best on that particular day and time. If they guess right, they are successful - if not, not so much.

One thing I learned over two days is its not just about catching fish - they can all do that. Its about catching the biggest fish, which is a lot harder to do. The two fisherman I was with had no problem finding fish, but they struggled with trying to get the big one.

Over the 16 hours I sat in the back of the boat,  I thought about several things (other than wishing it would warm up and I would get some feeling in my fingers). Lawyers just think we have it hard; we at least get to work in the comfort of a controlled space. If we lose, we don't lose everything - although we have expenses, we don't have to put up our own money each time we take a case. Even though we have to deal with a lot of issues, we can predict most of them. While prosecutors and jurors are hard to predict, its easier than trying to guess what a fish is going to do. And most importantly for me, I don't have to be away from my family for most of the year - I get to home each evening, and enjoy my family and my home.

I like to fish, and someday I would like to be able to do more of it. However, I would never want to be a professional fisherman. I'm thankful I have the privilege to practice law - and I'm thankful I had the opportunity to recognize what a privilege it is.

2 Models of a Criminal Defense Practice

There's been a lot of discussion about the problems big law firms (Bigaw) are facing as a result of the recession. With very few exceptions, big law firms handle civil and transactional matters (e.g. real estate and estate planning). Most criminal defense attorneys are solos; a few may have partnerships with other lawyers. There are several reasons for that, one probably having to do with our personalities - we don't work well with others.

For those who don't know,big law firms consider them businesses, and they are run like businesses. Some of the bigger even have a managing partner, who does nothing else. Their focus is on generating income, to pay salaries,and hopefully big bonuses at the end of the year. They are profitable because they utilize leverage; they get paralegals and lawyers who generate more revenue than they get paid in salary. The excess is profit for the partners. The more work they can generate, and the more they can delegate, the more profitable they are.

There are a number of reasons why criminal defense practices are not set up on the same model.  For one, we don't have clients who can write checks every month in the amount we determine. We also don't have an endless number of associates and paralegals. Criminal defendants want to know who is handling their case, and they want it to be the lawyer they hired. They hire based on your reputation and skills, and they expect you to use them. There are situations where a lawyer gets help, and most clients understand that. For instance, many lawyers have law clerks do research, and they use investigators to locate evidence. In the end though, it is the lawyer making the decisions, and it is the lawyer you hire that goes into court with you.

There are some firms/clinics who have tried to implement the Biglaw model into criminal practice. They advertise extensively, and try to draw in a large number of clients. Those clients are assigned to lawyers who are on salary; many with little or no experience. Its a volume practice, and assumes criminal cases are routine, and can be processed just like a will or a real estate transaction. Nothing is farther from the truth, and most clients recognize that.

So what are the two models; basically, one is a high volume, lower cost practice. The other is a low volume practice, with higher fees. Depending on where you are, some or most of the criminal defense lawyers handle court appointments. The pay for those is always lower than what you would normally charge a client. Some lawyers make a living on such appointments; to do so, they have to handle a large number of cases. Obviously, the more cases you have, the less time you can spend on each case.

When you hire a criminal defense lawyer you are paying for several things. One is experience and expertise.  Another is time - you want your lawyer to have enough time to handle your case properly. The more time a lawyer spends on your case, the less time he has for other cases; thus, they will charge a higher fee, and accept fewer cases.

I don't know why people think hiring a lawyer is different from anything else in life - you get what you pay for. If you want a good lawyer - one who will devote the time necessary for your case - you are going to have to pay for it. There are only so many hours in a work day. Most good criminal defense lawyers aren't getting rich; but they do want to make a decent living. They have to choose which model they are going to use; not surprisingly, most want to be compensated for their expertise, and want to be able to continue providing quality representation.

There's one last factor at play which is unique to criminal law; everyone is entitled to a lawyer. If you can't afford to hire a lawyer, you are going to get one, either though a public defender's office, or private appointment. Obviously, this limits the number of available clients; lawyers are competing for clients that have at least some ability to pay. Not everyone has the ability to come up with a substantial fee, and there is a need for lawyers to represent those people.
 

The two  models are not absolute, and you will see good lawyers with a high volume practice, or taking cases for a lesser fee.They have made that choice; many will make exceptions, even if they are in low volume practice. They voluntarily make that choice though, and its not a matter of necessity. Hopefully you never need to hire a criminal defense lawyer (yes I know I would have to find something else to do), but if you do, realize what you are paying for.