What Else Could Happen To California Lawyers? Don’t Ask.

As readers know, I am not a fan of my State Bar of California. However, right now, I think I can extend just a wee bit of sympathy for the pickle in which it now finds itself. The bar has been working on a “regulatory sandbox” proposal, which would allow nonlawyers to develop programs to help those who cannot afford attorneys. Another part of the proposal is to license paraprofessionals to help relieve the access-to-justice problem in underserved areas of the state, and yes, there are a lot of those.

Two influential members of the California Legislature are now concerned about the sandbox proposal.

The chairpersons of the Legislature’s Assembly and Senate Judiciary Committees said “not so fast” to the idea of giving nonlawyers the ability to provide legal services. Given the Legislature’s concern about the bar’s function of public protection, it’s clear from the letter that any “regulatory sandbox” proposals will be closely scrutinized.

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The letter says, in part: “We reiterate our call for the State Bar to redouble its efforts to focus on the core mission of policing attorney misconduct and supporting proven programs offering access to justice and legal services such as legal aid, court‐sponsored self‐help, and pro‐bono assistance, as well as innovative approaches to increasing the number of attorneys who are licensed in California.” That’s just hunky-dory. Is that the kiss of death? Now what? Would further reducing the cut score for bar passage increase the number of competent attorneys? What if those competent attorneys have no interest in working for legal aid (already underfunded) and until such time as the student loans have been repaid, can’t afford the luxury of such work? People are so quick to criticize, but so slow with suggestions. It’s not just the State Bar’s problem, it’s the Legislature’s as well, when they receive complaints from constituents about legal services, the lack thereof, the failure to discipline or discipline sufficiently.

It’s no secret that access to justice presently sucks, and the State Bar thinks that one way to help alleviate the need, as Utah has done, is to allow paraprofessionals to handle certain matters (the implication being at lower cost). So, the State Bar must regroup and respond. It looks right now as if it’s a case of “damned if you do, damned if you don’t.” Compromise on the horizon? I am not holding my breath.

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Compromise is one of the many things that I have learned in my 45 years as a lawyer. Another is that now there are so many ways in which to be a lawyer. Just because you new admittees won’t get an offer from a Biglaw firm doesn’t mean that you can’t have your cake and eat it too.

Lawyers today, especially newbies, can create and develop whatever kind of practice they want, how to practice, and in what form. All kinds of opportunities are out there; explore them. Remote lawyering which wasn’t much of a thing a few years ago, has now become front and center. Part-time? Go for it. WFH? A viable option today.

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Dinosaur lawyers will remember Jack Benny, an extremely popular comedian whose shtick was that of a skinflint. There’s a skit in which a robber approaches him and says, “Your money or your life.” Benny, in his inimitable style, is silent for a few seconds, which prompts his audience to howls of laughter. But there is a larger truth here than just the laughs. It goes to a very fundamental question of how one chooses to practice law and to live life, and, in these pandemic times, those questions are even more urgent.

For new admittees, figure out what you want. Don’t compare yourself with other new admittees. Understand that your first job is more than likely not going to be your last. You need to try different things, different practices until you find a passion for one or more of them. If you want trial work, work for a governmental entity where you can do that. How to evaluate a case is something that will stay with you for your entire legal career. Lawyering is risk assessment, strategy, and of course, business development.

The profession now understands that it’s not just about billable hours. Lawyers are not only ATMs for firms. Stress, depression, and substance abuse are well-documented among us. There are opportunities for lawyers to move around. Switching firms, frowned on for years, even decades, no longer draws the stink eye.

Lawyers can have long lives and long careers, and that’s why making the right choices for you at the right time becomes more important than ever. Just as potential employers conduct “due diligence” on potential hires, you need to do likewise. What is the culture? What are the demands? Possibilities for pro bono work where you can get trial experience if that’s what you want? What are the billable hour requirements? Does that include bar association and other community activities up to X hours or are those activities excluded from billable hours? Will you have a mentor you can turn to for advice? How will you go about developing business? Will the firm help you or will you be tossed in the deep end to sink or swim? What about work-life balance?

These questions are relevant for both new admittees and for those at whatever stage in their careers who think about making practice and/or firm changes and even life changes. In the meantime, the wrestling match between the State Bar and the Legislature will be fun to watch. So too will be watching your decisions. Don’t be afraid to go for what you want. You won’t have a Legislature second-guessing you.

Jill Switzer has been an active member of the State Bar of California for over 40 years. She remembers practicing law in a kinder, gentler time. She’s had a diverse legal career, including stints as a deputy district attorney, a solo practice, and several senior in-house gigs. She now mediates full-time, which gives her the opportunity to see dinosaurs, millennials, and those in-between interact — it’s not always civil. You can reach her by email at [email protected].

Topics

California, Government, Jill Switzer