Happy Birthday Blog!

My blog turned a year old last Friday. It is far from where I want it to be, but I have kept up with it for a year (albeit sometimes sporatically), and I'm proud of that. In light of the occasion, I decided to review and evaluate what I have done with this blog for the past year, and set some goals to make it better.

My blog is still looking for a voice, a name and a direction. In retrospect, my posts can be roughly grouped into four categories: substantive or procedural law; consumer protection; the legal job market for new attorneys; and random legal news.

First, the largest portion of my posts have been substantive or procedural, and these have also been the posts that have received the best response. Within my firm I concentrate on appellate and complex motion practice, mostly Torts, and commercial litigation, but because I am a young attorney I have yet to carve out a specific niche. One of my posts, which was actually an article that I co-wrote with a partner and another associate at my firm on slip and fall litigation, was included in a blog round up from Eric Turkewitz's New York Personal Injury Blog (one of my favorite blogs), which I considered to be a tremendous compliment. Another post on appellate procedure prompted an e-mail from a pro se litigant saying that they had found the information helpful. In the future, I want to expand on these posts. Specifically, I do a tremendous amount of research and writing, and much of that work could be fodder for great blog posts. My plan is to have a regular segment called Little Bit O' Law, which will consist of short research pieces.

Second, many of my posts -- particularly the more opinionated ones -- relate to consumer protection. I suppose technically this could be considered a substantive area, but it is not an area where I currently practice (my firm does not do consumer class actions... yet). The most recent post, here, is a New York Civil Court case I read in the New York Law Journal which touched on an issue -- default credit card rates -- that I believe will become increasingly important in the future. I think I was the only person to comment on that case other than the Law Journal. I have also had two posts, here and here, covering a British case where the U.K. government is challenging bank overdraft fees, and contrasting that case to how U.S. courts have handled the issue. Professor Arnold S. Rosenberg found interest in the same topic, and wrote a law review article that was featured the Consumer Law and Policy Blog, here. I feel like this has been one of my blogs strongest areas, and I plan to continue these posts in a segment called Consumer Advocate.

A third group of posts have related to the legal job market for people who -- like myself -- recently graduated with a decent rank, from a decent law school, and were shocked to discover that a law degree is not a golden ticket. There have been hundreds of similar posts on other blogs, but at first I felt like this was ground-breaking information. Shortly after my first post, Loyola2L gained a great deal of publicity. I'll admit I was a little jealous, for a minute, but I am probably better off having not garnered a great deal of publicity for complaining about law school tuition. I in no way regret having gone to law school. The only thing I would have done differently, if I had a more accurate picture of the job prospects for a top-50-ish school, would be to have more seriously considered a public or lower ranked school. That said: I love being an attorney; I believe that I am extremely good at what I do; and I am sure it is just a matter of time before my education pays off financially. Over the past year, the issue of return on intvestment for legal education has been greatly publicized, and I am glad to have put in my two cents. I cannot, however, keep re-posting on the same topic. I have had a few staggered posts about practical lessons I've learned, and my plan is to combine these categories and expand them to include a broader range of topics relevant to young (or prospective) attorneys. I'll include regular (maybe quarterly?) articles about the legal job market, but also pieces with practical lessons that I have picked up. I need a catchy name for this one, but my working title is: I'm a lawyer, now what?

My fourth category of posts over the past year have related to random law related news, but these posts have not had a unifying theme. What I plan to do is have an Around the Bloggosphere segment, where I'll include links and comments to other blog posts that I find interesting.

What Kind Of Job Can You Get With A Law Degree?

I just posted an answer on WikiAnswers.com, and I thought I'd share.

The question: What kind of job can you get with a law degree?

My Answer:

The most obvious answer is: an attorney. After obtaining a law degree from an ABA accredited law school, a person becomes eligable to take a state bar exam and, if they pass the bar exam, may then practice law within that state. An attorney who has passed the bar exam is allowed practice any field of law, with the exception of maritime law and patent law (which have their own national bar exams -- note, the patent bar exam requires a minimum amount of science credits). Although a person may specialize in tax law without also being a certified public accountant, prior tax experience is generally required for any position specializing in tax law.

In most states, attorneys are also eligable for other licenses, including a real estate license, allowing them to become a realtor or broker, as well as a notary public license. Common alternative careers for persons with a law degrees include business administration, human resources, government administration and non-attorney positions within the insurance industry. Entertainment and media are also not uncommon field for former attorneys: notable figures ranging from John Grisham to Geraldo Rivera were once attorneys.

Generally, a legal training indicates that a person is skilled in analytical reasoning and argumentation, and has the ability to distill large amounts of information or complex fact patterns. Although law school is considered a "professional" education, aspiring law students should realize that the law, by itself, is either an academic or political discipline, and law practice generally draws on skills from other fields. Although not required, if a person has a desire to practice a particular field of law, then a background in a particular industry is helpful before entering law school.

The notion of entering law school because it is supposedly a "versatile" degree has been heavily challenged, and aspiring law students should take caution that a law degree is not an alternative to an MBA. A non-legal job is generally considered a backup for a person with a law degree, and as a general rule a person seeking such a job either tried and hated actual law practice, failed to achieve success as an attorney, or some combination of the two. A law degree is expensive and, generally, meant for persons who intend to practice law (or teach law, if you can get into a TOP school).

When an aspiring law student indicates a desire to enter law school because they do not know what they want to do and they perceive law school as a spring-board to a successful career, a good admissions consultant will encourage them to gain real world experience (either in other industries or within the legal profession) before entering law school. In fact, many top law schools will consider prior experience as a non-quantatative factor in making an admissions determination.

As a side note, there has been a series of terrific articles on alternative careers for lawyers at the Above The Law Blog, here.

Related Posts:

* Lack of Financial Responsibility Prevents Admission to the Bar: is it "Character And Fitness," or is "The Man," holding us down?

* How Law School Rankings Take Advantage Of Prospective Law Students

* Not Every Law Graduate Makes 160k

* False Advertising in Legal Education

* What Kind of Job Can You Get With A Law Degree

New York Decision Favors Consumers: Citibank v. Mahmoud, 2008 NY Slip Op 51091U (Richmond County Civ. Ct, 2008)

I read the surprisingly consumer friendly decision in Citibank v. Mahmoud in today's NY law journal.  The case is in the Richmond County (Staten Island) Civil Court, and involves a $16,000 Citibank credit card debt, plust a claim of $3000 in attorneys' fees. Apparently, however, much of the debt is derived from a default rate that Citibank began assessing in 2006 of 31.240% for purchases and 56.148% 3 for advances.

As Judge Phillip Straniere explains, under the National Banking Act, 12 USC 85, "national banks, such as plaintiff, are permitted by federal law to charge the highest rate of interest allowed by the state where the bank is located." The judge ruled, however, that a hearing was required to determine "if the practices of Citibank are in conformity with the federal law so as to entitle it to summary judgment in this and similar actions." The judge also asked, "Parenthetically, is it possible that there is a link between the inability of homeowners to keep their mortgages current, the subsequent high default rate in home mortgage loans and the inability of many of these individuals to timely pay their credit cards accruing interest charges of 30% or more?"

Judge Straniere goes on to comment that "recognizing that federal statutes have preempted the rights of the states to protect their citizens from usurious loans, at some point an excessive interest rate, although not usurious by federal standards may shock the conscience of the court and violate the public policy of New York law. The New York State Banking Board sets the generally effective civil interest rate, which is currently 16.00% per annum (3 NYCRR. 4.1; L. 1980, ch. 883). The courts of New York may not be able to void the rates charged in this case by plaintiff or other federally regulated creditors because of this policy created by Congress. However, the existence of a federal law, the effect of which is so egregious, does not require New York to enforce agreements which common sense and reasonable persons would conclude have so gone beyond the intentions of Congress in passing legislation to insure that federally chartered banks were on the same competitive footing as their state chartered rivals that it has become unconscionable, especially when the legislation affects the economic well being of its citizens individually and the general public."

But there's more. Citibank claims to be located in South Dakota, hence the "Citibank (South Dakota) NA" on their stationary, and South Dakota allows banks to charge any interest rate they want: even rates that would be criminal in New York. Apparently, however, Citibank is incorporated in Delaware and it's corporate address is in Missouri, so reason #1 the court ordered a hearing was that the bank failed to show that South Dakota Law applied. This won't make much of a difference in the long run, since Delaware Law is almost as biased as South Dakota, but, again, there's more.

The defendant also disputed that the credit agreement under which Citibank asserted its interest rate and claimed legal fees applied to him. The bank argued that the defendant was given a copy of the agreement with his credit card, agreed to the terms by activating the card, and was periodically informed of changes in the agreement. The bank, however, did not have any evidence that it ever provided any such agreement or updates.

The problem of banks not having evidence of ever providing an agreement is a practical issue that may be helpful for many litigants in this situation, but there's still more. Here's what I think is the biggest point. Part of the hearing the judge ordered will relate to the fact that the National Banking act says "when no rate is fixed by the laws of the State,… the bank may…charge a rate not exceeding 7 per centum or 1 per centum of the discount rate on ninety-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district where the bank is located, whichever is greater,…" and the court wants to know "why is not this the rate to be charged on the account and not the rate selected by the plaintiff?"

If Judge Straniere interprets the National Banking Act to mean that where state law does not set a usury rate, then the rate can only be 7% (or 1 per cent of the 90 day commercial paper discount rate), this would, in theory, mean that most credit cards, nationwide, are grossly overcharging their customers. South Dakota, Delaware and Virginia, where most banks claim to be "located," use phrases like "any reasonable rate" rather than actually setting a usury rate, and allow banks to charge whatever they want. If the judge ruled that the National Banking Act's 7% provision applied in these circumstances, that decision would undoubtedly be appealed to the Appellate Term, then to the Appellate Division, then to the N.Y. Court of Appeals, and -- if it went that far -- fought all the way to the U.S. Supreme Court. Thus far, banks have won every battle in their unending campaign to pillage as much money as possible from their poorest customers, but (particularly with the current financial crisis) this may be a turning point. Either this case will finally lead to a just interpretation of the National Banking Act, or perhaps public outcry will force legislators to finally act on this issue.

Space Law!

Space.com's blog today has a post entitled "First Space Lawyer Graduates." The University of Mississipi School of Law has awarded it's first "Space Law" certificate. The school opened the "Center for Remote Sensing, Air and Space Law" in 1999, and publishes the "Journal of Space Law," and has its own blog. The press release seems to indicate that this program is the only one of its kind, but a quick Google search shows that at least three other law schools -- George Washington, Stanford and the University of Tennessee -- also offer courses in Space Law.

According to Wikipedia, "this field of the law is still in its infancy." It is not, however, merely a theoretical area of law. In fact, the U.N. maintains an "Office for Outer Space Affairs" in Vienna.

Last year, the Lunar Land Management Society became (I assume) the first environmental group dedicated to conserving land on the moon. Their website admits that "at the moment, lunar land is not a great concern for the majority of the world," but goes on to explain that "a large percentage of human problems, since the birth of civilization, has stemmed from land ownership." Most of the site is blank, including the "rules and regulations" page, but undoubtedly lunar land use will become a serious issue in the not too distant future. On the opposite end of the spectrum, a group called "The Planetary Institute," which claims to be affiliated with the U.N. (the group does not appear to be run by attorneys but, if nothing else, they do seem to have done their homework on the subject), is presently selling deeds for acreage on Mars and the Moon. Land on either costs $29.99 for the first five acres, and $19.99 for each additional acre.