The Most Effective Way to Do It, Is to Do It

Stop trying to be perfect and start embracing the gift of an idea

From the moment I put on my first pair of ballet slippers I wanted to be perfect - perfect in class, perfect in rehearsal, and perfect on stage. The desire to be perfect spilled over into my schoolwork too. Not only did I want to garner the most applause for my skillful pirouettes and daring jetes, I also wanted to score 100% on every assignment. Sadly, and because I didn’t understand that being perfect at EVERYTHING wasn’t realistic, I spent many nights sitting at the dining room table, crying over blank sheets of lined paper, afraid of producing something less than perfect on my first try.  

Don’t get me wrong, being focused, driven and meticulous isn’t a bad thing (after all I have built a successful legal career and business based in part on those characteristics) however, the desire to be perfect at something on the first try can quickly turn into a debilitating block, stifling one’s creativity and inhibiting one’s passions.  

Recently, I relived some of those sad dining room table moments with my youngest son. As I watched him struggle and agonize over every word before he put pen to paper I realized two things: first, we are a lot more similar than I had realized and second, we had to have an important conversation - one that focused on DOING rather than striving for perfection.  

During our talk we zeroed in on letting go of our egos. We talked about the value of writing things down, planning things out and letting others critique our work. We talked about the many drafts and iterations a project can go through before it is complete. We also talked about how this process of doing and redoing based on feedback pushes us to consider different points of view and allows us to reach an even bigger audience. 

As a mom, it felt good to have this talk. Not only was I able to share some valuable information with my son but I gained much needed momentum to challenge myself. 

In an effort to stretch myself as a professional, I signed up for an online course called Venture Deals. This course, offered by Kaufman Fellows and TechStars, teaches people the ins and outs of venture capital deals. I had wanted to take this course for some time but I was intimidated about doing group work with people that have experience in this area while most of my experience is in criminal defense - THERE WAS THAT NASTY EGO AGAIN. But after the talk I had with my son, I couldn’t allow potential embarrassment to prevent my learning. So what if I don’t know what convertible debt is and “term sheets” sounds scary? I knew I needed to shift my focus from being perfect out of the gate to actually engaging and DOING.  

After two weeks in, I have to say that I LOVE this course. I am enriching my life, my practice, and the future of my family, not to mention, keeping SANE during the biggest slow down I have ever experienced during my lifetime. 

To all the budding pioneers out there, I leave you with the immortal words of Amelia Earhart, “The Most Effective Way to Do It, Is to Do It!” Stop trying to be perfect, stop agonizing over what might not work and start embracing the gift of an idea. Stay safe, stay healthy and DO IT - WHATEVER “IT” MAY BE!

Prevent the Pitfalls of Pro Se Pleadings

I have something to confess.  Despite its popularity, The 48 Laws of Power isn’t one of my favorite books. In fact, I disagree with most of the “laws.” But for all of my personal criticisms, there is one law in particular that I can’t argue against, Law 29: Plan All the Way to the End.  

While Robert Greene’s advice is applicable to most situations, when it comes to legal writing, planning all the way to the end is critical.

Think about it, how many times have you sat down to work on your motion and felt completely overwhelmed wondering where do I begin, did I do enough research, have I convinced my audience that I deserve the relief I am seeking? 

With so many questions buzzing around inside your head it’s nearly impossible to focus on the task at hand.  Trust me I know, I had the same problem in law school until my law professors introduced me to CRAC. 

I am not talking about illicit drugs, I am talking about the CRAC paradigm for persuasive writing.  CRAC stands for conclusion, rule, analysis, conclusion. By following this method, you will learn how  to effectively present your thesis, state and explain the rule of law, apply the rule and clearly wrap-up the issue for the Court.  

So what does this look like in practice?  Let’s do a quick exercise together to illustrate the method.  Consider the following search and seizure hypothetical: 

Recently, police began setting up vehicle checkpoints around the city in an effort to root out illegal drugs. At each checkpoint, police would stop a set number of vehicles. One officer would conduct an open-view examination of the car or truck from the outside, while another officer would walk around it with a narcotics dog. Stops were designed to last no more than five minutes. Does this checkpoint program violate the Fourth Amendment?

Now let’s apply the CRAC method to answer the question:

Conclusion:  A check-point program whose primary purpose is indistinguishable from a general interest in crime control violates the Fourth Amendment.
Rule:  In Indianapolis v. Edmond, 531 U.S. 32 (2000) the Supreme Court ruled that a search or seizure conducted “in the absence of individualized suspicion of wrongdoing” violates the Fourth Amendment.

Analysis: The rule that a search or seizure is unreasonable under the Fourth Amendment absent individualized suspicion of wrongdoing has limited exceptions. Indianapolis v. Edmond, 531 U.S. 32 (2000).  While Petitioners argue that the checkpoint program is justified by its lawful secondary purposes of keeping impaired motorists off the road and verifying licenses and registrations, in Chandler v. Miller, 520 U.S. 305, 308 (1997) the Court held that a search or seizure is ordinarily unreasonable in the absence of individualized suspicion of wrongdoing. In Edmond, the Court affirmed its decision in Miller, noting that it “cannot sanction stops justified only by the generalized and everpresent possibility that interrogation and inspection may reveal that any given motorist has committed some crime.” Edmond, supra, at 44. Accordingly, the instant check point program wherein police officers create roadblocks and use drug-sniffing dogs to investigate for “possible” narcotics possession amounts to a “suspicion-less” stop which runs afoul of the Fourth Amendment.  

Conclusion: Because the primary purpose of the checkpoint program is ultimately indistinguishable from the general interest in crime control, the checkpoints violate the Fourth Amendment. 

While this example is in no way exhaustive of all the arguments one could make about the issue at hand, it gives you a basic understanding of the format you should use in the argument section of each issue you intend to raise. 

_______________

After you have structured your arguments make sure you have someone read them - read them again, and read them once more. Many pro se litigants struggling to find the right person to entrust with such an important task opt to hire a legal writing consultant.  A legal writing consultant will proofread, edit and refine your submission for a fraction of the cost of hiring a lawyer.  

Whether you decide to hire a consultant or work entirely on your own, by following the CRAC method you will effectively plan your arguments all the way to the end, “taking into account all the possible consequences, obstacles, and twists...that might reverse your hard work and give the glory to” your adversary. 

Building My Boutique: Practical Lessons in Enterprising

No secrets here, I’m laying it all on the table. You can attend a thousand seminars about starting your own law practice and not one of them will give you the important lessons you need to know to become your own boss. Being your own boss is an UNBELIEVABLY AMBITIOUS UNDERTAKING chock full of challenges and moments of hysteria. However, after one full year of enterprising, I can honestly say that I have NO REGRETS.

So here’s my blueprint along with some of the most important lessons I learned that carried me through my first successful year.

ONE YEAR BEFORE THE LAUNCH - FEEL THE FEAR BUT DO IT ANYWAY

When I first started telling people I was planning on going out on my own, 99% said things like “Yes! Finally! After all those years of public defense, it’s about time!” The remaining 1% were just as excited but reminded me about the risks attendant to building your own business. Of course, being the judicious person that I am (I am a single mom of a pre-teen and a teenager heading off to college soon - GULP) I staved off the cautionary comments by PLANNING.

Start off by writing a business plan. You have to identify what you offer and how it fits into the market - there is no skimping on this one! This may seem obvious but I can’t tell you how many people skip this step and end up 6 months into their practice with no real direction. Why is this important? You need your OWN blueprint. You need something to remind you of your goals and to entice potential lenders if you’re not need help financing your enterprise.

Get your Coins up. I was determined not to borrow too much to get started but I also wanted to have enough of a safety net to carry me through those months when the money wasn’t rolling in. I asked a lot of solo practitioners how much money they had on hand when they started out. Most criminal defense lawyers suggested 3 months worth of living expenses. Most civil practitioners said 6 months worth. Although my main area of practice is criminal defense, I chose to secure enough to cover me for 6 months (after all I do have two additional mouths to feed). I sacrificed and saved half of what I needed and borrowed the rest. Although I wasn’t able to secure a business loan because, well my business wasn’t up and running yet, I found a low interest personal loan that pays itself monthly.

THE FIRST YEAR - BE FLEXIBLE, TAKE RISKS

Diversify your practice. Listen, opportunities don’t just fall in your lap. You have to create them and you can’t create opportunities for yourself if you’re afraid to venture into uncharted waters. For example, as I sit here today, I have 12 years of criminal defense experience under my belt but criminal defense isn’t my only area of practice these days. While your first instinct may be to turn away that divorce case because you have zero experience with divorce law, think again. Tap into your network and find someone to co-counsel with you. You’ll learn a lot along the way and you’ll increase visibility and REVENUE.

Another key to my success (read: financial stability) has been taking court appointed cases. Sure the hourly pay rate is less, but in terms of generating revenue and filling-in the financial gaps on those slow months, court appointed assignments are great. Also, if you’re someone like me who is committed to community service, taking court appointed cases is a great way to stay involved.

Track your progress. When you are busy, it’s easy to lose sight of where you were and where you are going, that’s why I track my progress frequently. Every 3 months, I do a deep dive. I pull up my business plan, my case-management system, and my “ledger” and I go to work. I ask myself the following questions: 1) how much revenue did I generate this quarter, 2) which are my highest yielding cases and 3) am I giving back to my community. Once I have answered these questions, I know where to focus my energy moving forward.

ONE YEAR + - CELEBRATE THE WINS AND KEEP THEM COMING

Tighten up the “squad.” Identify your squad (the people that helped you along the way ie. your accountant, your photographer, your most helpful colleagues, the people who consistently referred cases to you, your intern, your kids) and then identify the areas in which you need additional help. If your phone answering service doesn’t offer all the features you need now that your practice has evolved consider hiring a virtual receptionist an add him/her to your squad. There is no substitute for a strong team - remember that and you’ll never fail.

Celebrate the Wins. The single most important lesson I learned this year was: there are NO LOSSES. Even when I got a split verdict on a trial I thought I should have won, I walked away knowing I was better prepared for the next go around. Host an event to check in with the people who were integral to your success. Share the lessons you’ve learned and invite others to share their newfound interests and talents with you. Remember, as you have evolved so have the people around you. Identifying how you can be mutually beneficial to each other and increase wins is an integral part of any successful business venture.

For those of you inching towards hanging a shingle, INCH CLOSER! Follow me @jmoraleslaw for more tips and tricks on building your own successful boutique.

The Fight After Sentencing: Choosing the Best Lawyer for Your Appeal

I spent over a decade in the trenches fighting for the rights of indigent people in the Bronx. As a public defender, I represented thousands. Like all lawyers, sometimes I won and sometimes I lost.  While no lawyer likes to lose, a lawyer’s fate is never as grim as the fate of the man or woman that stands convicted of a crime.  

Even one day spent in an American jail/prison tests a person’s resolve, faith, and sense of hope - I know this not only from conversations with clients but also from personal experiences with loved ones.  Hopelessness is a very real emotion, but it should never be the basis for one’s decision-making.

Assuming you have not given up the FIGHT for your freedom, you will have a lot of important decisions to make about your case after you’ve been convicted.

One of the most important decisions you will have to make is choosing the best lawyer to represent you. While the choices are infinite, picking the best lawyer for your appeal does not have to be a paralyzing problem. Here are some practical tips on how to conduct your search:

• Ask the toughest question first:

  • Throughout my career as a criminal defense lawyer, many people have asked me “how can you defend THOSE people?”  To this day, I shudder every time I hear those words, not because I am scared to answer it but because the question itself reveals an ugly truth about our society and its view on criminal justice - the cloak of innocence is thin in this country.  Nonetheless, if you frame the question differently and pose it to your prospective lawyer, you will find out critical information about that person’s history, their views, and most importantly how they see you within the context of your case and against the weight of the law.  By asking “why do you practice criminal law or what is it about criminal appeals that interests you” you can find out pretty much everything you need to know about the person who will potentially represent you.

• Assess their qualifications to represent YOU

  • Choosing the best lawyer does not mean only looking at the white-shoe firms or ivy league accreditations. Although I have nothing against fancy addresses and law schools, choosing the BEST lawyer means choosing the LAWYER THAT PUTS YOU FRONT AND CENTER. While you should definitely ask about the prospective lawyer’s background, areas of practice and skill level, the more important question is “is this lawyer going to listen to my suggestions and take into account my unique needs?”  While there are some things we lawyers simply cannot do (ie. advancing a baseless argument or filing a frivolous motion) figuring out how your lawyer will deal with strategic differences will help you decide whether this person is the right fit for you and your case.  Try asking “what does a positive working relationship with me look like to you?”

• Reputation is key

  • There is no substitute for due diligence.  You have to do your homework on the prospective attorney and that means reading testimonials, speaking openly and honestly with the attorney’s former clients when possible (ie. if you were referred to this lawyer ask “what was it about this lawyer’s work that you liked”).  Have your family members check out whether the lawyer has had any instances of professional misconduct. A search on websites such as www.avvo.com will yield information critical to your decision making process.  More importantly, the reviews and testimonials on this site cannot be doctored or altered by the lawyer herself, which means that whatever you read about the lawyer is coming directly from people who have interacted with her.  

• Financing your defense

  • Don’t shy away from talking about the price.  Investing in your appeal is one of the most important investments you will ever make.  As such, you need to know how much, when it’s due and what it’s for.  Some lawyers charge hourly and then bill you while others charge flat fees with installment plans.  In my opinion, a flat fees arrangement instills confidence in the process. With a flat fee, you know up front how much you are required to pay and it incentivizes the lawyer to work on your case in an expeditious manner.  Overall this fee arrangement makes for a much easier business relationship between the attorney and client as there is less room for disputes regarding the actual hours spent working on your appeal.

Though a jail sentence restricts your physical freedom, it does not inhibit your ability to keep fighting.  YOU STILL HAVE A LIFE. YOU STILL HAVE FREEDOM OF CHOICE. How you exercise your freedom of choice is just as important post-conviction as it was pre-trial.  By asking the right questions and following these guidelines you will find yourself on the most promising path to freedom.

This article was published in the inaugural issue of The ReEntry Chronicle, New York’s Only Publication Linking Returning Citizens to Relevant News, Resources, and Opportunities