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Messages - jonlevy

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481
OK, I'll turn in my law licenses, your flawless logic has convinced me of my errors... :P

482
Non-Traditional Students / Re: History PhD w/ some interest in law
« on: December 28, 2011, 06:58:53 PM »
I have a PhD in Political Science and am a lawyer. I practice law and am adjunct faculty.  My advice is go for the tenure track job, history jobs are even scarcer than law jobs. If you don't get tenure then switch to law. While starting university salaries are low they go up after a while, you get good benefits, a pension plan, and once you get tenure chances at free travel to conferences, sabbaticals, and a reduced teaching schedule. It also is less work than law and more enjoyable. Besides why would you want to rack up more debt or take yourself out of the job market when you could be arning money?

483
News Discussion / Re: AAMPLE PROGRAM at NOVA
« on: December 26, 2011, 07:07:25 PM »
Looked kind of lame to me.

484
But, the point is - it's NOT fruitless, people at graduating from Dl schools, passing the bar, AND practicing law successfully.  It's folks like yourself who refuse to accept that IT IS POSSIBLE and SHOULD be considered in the mix.  As I have stated before, there should a set of standards for licensure - like the bar exam - but how one gets there to take the exam should not be dictated by one "sanctioned" entity,

Exactly 100% correct, the bar exam makes the attorney not the JD, it really seems it is unconsitutional for a private guild to block access to the Judicial branch.  The state bars are largely provincial tools of the ABA. DL attorneys, even only a handful, prove the point.

485
Anybody know how many California and Alabama attorneys graduated from non ABA schools? That would be the natural constituency to start an alternative ABA from.

486
As far as I know California, is the only state that recognizes online or correspondence law schools for an initial bar exam.  More states should do so, that would solve the problem of the ABA death grip. The DL haters like to point to Orly Taitz however she litigates only a single issue and really does not have a law practice. She was a candidate for California Secretary of State and is running for the Senate. She was sanctioned one-time by a federal judge who in my opinion dodn't exactly adhere to the federal rules in doing so. She is not disbarred or disciplined. pretty good for super high risk in your face litigation.  I might point out Melvin Belli, Tony Serra and F. Lee Bailey had their issues with state bars as well. Great attorneys all!

What is everyone so afraid of anyway. A few more DL attorneys here and there? Or does the ABA fear having its death grip broken?

487
"If someone sues a large corporation for $4999 in small claims court, do you think the corporation gets a break on attorney fees because it's only $4999?"

Have you ever tried to sue a large corporation in small claims or any other court and have them pop open a check book?  They have insurance dude and the insurer has attorneys on retainer, it doesn't cost the corporation anything more than what they paid already and the insurer doesn't care either as long as they can teach someone not to mess with them, they don't care how much it costs to defend. I did sue Ford once, they settled only becuaue their insurance retained attorney missed the filing deadline and defaulted, the judge told them to go settle,  otherwise I am sure they would have been only to glad to spin it out. Somehow I don't think you are a member of the plaintiffs' bar. Under your scenario we would all get rich slowly suing corporations in small claims court for a third of the take.

Further, I still get the feeling you think most plaintiffs sue corporations for fun rather than because they have legitimate case. Vexatious litigants are quite rare since inmates had their access to federal court trimmed.

And I still don't get your argument about how DL schools lower standards, everyone still has to pass the same bar exam and in the end, passing the bar is all that counts and the difference between a law book salesman and an attorney unless you go to Harvard in which case you can become a law professor if you can't pass the bar.

488
"To this day, pro-se plaintiffs harass large corporations with incomprehensible filings requiring responses that you first have to figure out what the heck they're talking about before you can even start to respond with a legal argument."

If a meritless lawsuit is filed the Court is supposed to deal with it. In my experience pro se plaintiffs may have a good case but get bogged down with civil procedure. So what would you propose, barring pro se filers? As far as corporations paying off pro se plaintiffs with meritless claims that is a myth put out by shills like the Chamber of Commerce. Next you are going tell tell me that old saw about MacDonalds coffee lawsuit. Meritless cases do not make it trial and run away jury awards get knocked out or down in the appellate courts yet the corporations keep up the same old whine about how they are getting raped in the courts. Sort of like Newt claiming the federal courts are packed with judicial activists when we have the most conservative judiciary possible and a conservative majority in Supreme Court that is out of touch with reality. And don't even ask me about insurance companies, what a bunch of crooks.

489
Well good for Orly, sure her pleadings ain't pretty but she knows how to make news:

http://news.yahoo.com/appeals-court-tosses-obama-birthplace-challenge-191256867.html

I agree with Opie though, law schools turn out for the most part lawyers cut from the same elitist mindset. Congress is a perfect example of the power elite theory of C. Wright Mills. For law to be a relevant field, we need attorneys who are willing buck the trend and DL offers a way to break that paradigm and bring in people who would not ordinarily consider law.  But don't worry Zepp, so few us are out there that nothing will change soon.

490
It is a myth that big law is any better than anyone else. I have gone up against big law firms , Hinshaw Culberton ranked no. 85 in size, took them over ten years in federal court to get my clients' case dismissed on jurisidictional grounds, not on the merits. The case has since been refiled elsewhere. You would think they could have done better than that against a DL attorney? Of course they eventually won and made a pile of cash from their client, so maybe I'm the stupid one?

Point is that comparing big law attorneys to DL grad lawyers is apples and pineapples, there is just no correlation at all.

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