[Ed: I want to establish one thing during this week of heavy bar admission process criticism: I do not mean to insult or demean any person involved in this process. I know a lot of people work very hard to further what they see as very worthwhile goals. I don't dispute that. And the people with whom I have had contact have been rather cordial and helpful. My disagreement is with the process and procedures of gaining admission to the bar, which I - and virtually all of my peers - find burdensome, tedious, inane, and ineffective. The overwhelming majority of people involved in this debacle are nice people who are cogs in a machine that went haywire a long time ago.]
I want to make one thing clear: I paid more attention to the MANDATORY COURSE ON PROFESSIONALISM than any other individual attempting to gain admission to the Maryland bar. I don't even think that's debatable. Unless you have four pages of notes on what critics have called "the most useless professionalism course I have attended this year," you didn't pay attention like I did. I took more notes for this course than I have during entire semesters in law school.
Of course, my note-taking had multiple potential benefits. If the information in the course was actually useful, I would have very detailed notes of the useful information. If the information was not useful, I would have good material for a blog post.
This is that blog post.
Before I get on with the retroactive liveblog, I have to show you this. I also have a duty to warn you that if you have epilepsy, you shouldn't look at this.
 |
| More colors than a can of Four Loko. |
I'm not sure if the chemo messed with my eyes or what, but I count seven (7!!!) different colored fonts in that vaguely threatening document.
But other things of interest: 1) Note that the first word in the heading is "MANDATORY," in giant bold letters. It's not "Professionalism Course." Not "Maryland." Not "Course on professionalism." Or anything reasonable. It's a giant MANDATORY that reflects the constant standoff-ish nature of every communication throughout this entire process. 2) The text under MANDATORY COURSE ON PROFESSIONALISM tells applicants that they must "take and complete" a one day course. Which reflects the MSBA's understanding of the fact that people want to and will try to flee the professionalism course. 3) Why, after reading every document that Maryland has sent me, do I feel like I've just been screamed at? 4) Clipart win.
And then this:
You drag us all to Baltimore, fine. You make us get up early on a Saturday, fine. You make us pay you $65, fine. But why the suit? You're either making us bring a suit to Maryland, or drive from God-knows-where in a suit, and making all the women drag heels around all day. Why pile on? You're already fully aware that you have a hostile audience on your hands. Why outlaw comfort as well?
Anyway, now that you've sufficiently provoked your audience and made them terribly uncomfortable, it's time to yap at them for four hours. Don't say you're surprised if one of them takes notes and turns it into a retroactive livejournal on his cancer blog:
8:47am: Sitting in a massive room at the Baltimore Convention Center, we trade character interview stories. Another buddy traveled to Baltimore for his interview. The interview lasted two minutes and his interviewer apologized for making him travel to Baltimore for something so pointless. Hooray process!
8:55am: About 30% of the guys here look like Sack Lodge.
Except in a suit, because they kick us out if we're not in suits.
9:02am: The first official spoken sentence of the 2010 Maryland Professionalism Course: "It appears we have more people than there are seats available."
Just play that song in the background whenever you read one of my posts on the Maryland bar admission process. Really captures the reality of the experience.
9:05am: I might get some useful information out of this class after all:
9:07am: First speaker: "Many of you view this as just another hurdle on the way to becoming a lawyer. But Maryland lawyers and the judiciary take this very seriously."
So many interesting things here. First, one thing I was struck by is how incredibly aware every speaker was that we all saw this as just another inane hoop to jump through. I assume they don't really care (or just think their own goals are so important that it doesn't matter). Second, the statement "Maryland lawyers and the judiciary" is rather humorous. I'm not completely sure here, but I gotta believe that the overwhelming majority of Maryland lawyers and judges have no strong thoughts whatsoever about whether new attorneys should be subjected to a four-hour course on "professionalism" on some random Saturday morning in December. I'm guessing the people in charge care a lot. But that's one of the pitfalls of power: projecting your own ideas and goals onto others.
9:08am: Speaker #1 comes out swinging, immediately dispelling any thoughts we might have about this course serving to turn a profit for the Maryland State Bar Association. Again, I was amazed at how much these speakers knew what we were thinking. Leads me to believe that they have a) received the same comments and complains over and over again and b) think the best way to handle that is to scream "NUH-UH!" louder and louder.
In any event, the speaker #1 informed us that the course actually costs the State Bar Association
half a million dollars(!) and "countless hours" to put on. Which...wow. I don't really know what to say about that. Besides there are probably some poor people out there that could really benefit from $500,000 of legal representation.
9:10am: The goal is to teach us that "decency and civility in the law are important." Because there's no better way to make people decent and civil then dragging them to Baltimore to be talked at for four hours.
9:15am: Speaker #2 is on the clock. Hyperbole Hal uttered four of the five following phrases. See if you can find the one I made up:
- "servants to society"
- "fabric of our Constitution"
- "the trumpet sounds"
- "the eagle will soar"
- "pregnant with opportunity"
If a goal of the professionalism course was to make us feel superior to all lesser beings who are not lawyers and therefore are only qualified to massage our feet, consider that goal achieved.
9:17am: Facebook Warning #1: A reference to the era of "internet mass communication." Damn tubes.
9:18am: A really bizarre, insulting, and possibly-racist exchange that I can't quite describe, but that led to a friend handing me a note that read, "Is he really making an argument for
genetic determinism?" My notes say that speaker #2 informed us that we all had "received a gift that you did nothing to deserve: your intelligence" (I guessed lymphoma, but I was wrong). Which, ok. But it sort of belittles the thousands upon thousands of hours we spent working our collective asses off to get to this point. It was too early at the time to get outraged, but I think I am now retroactively outraged.
9:22am: After being told how important everybody in Maryland thinks this course is for the third time in twenty minutes, I come up with a challenge: Hold this course, but make it voluntary and open it up to all Maryland lawyers. If more than 7 people and a donkey show up (I'll send the donkey), I'll shave my head and destroy all my sperm.
9:27am: Speaker #3 gives us an interesting tale of how the professionalism course came to be: The Maryland State Bar Association (some committee of the MSBA, to be specific) pressured the Maryland Court of Appeals to make the course mandatory for admission to the bar because people were getting concerned that the legal profession was becoming a "business and not a profession." Glad they nipped that problem in the bud.
Putting aside the absurdity of well-off, established, middle-aged attorneys telling young, debt-laden, possibly-unemployed attorneys that we should worry less about money, I have a hunch that a four-hour course that only a minute fraction of attorneys must attend in any given year will not be successful in preventing businesses from being businesses.
9:42am: Tragedy strikes as we are all broken up into smaller groups for some reason, and my entire group of friends is separated due to the subtle cruelty of alphabetical order.
9:44am: Speaker #4 nails it: "I know exactly what you are all thinking: You went to college, you took the LSAT, you went to law school, worked herd, graduated, took the bar, passed the bar, and now you have this $55 course to go through." The class immediately corrects him and collectively shouts "$65," so yes, that's what we were all thinking.
9:46am: #4 declares his goal for the course: "When you go home, and somebody asks you how the course was, I want you to be able to say, 'It was a complete waste of time, except for...' And that 'except for' is why you are here today."
I thought this was the most telling statement of the entire day. For starters, in what other industry would this standard fly? Would a waiter at a restaurant tell you, "When you go home, and somebody asks you about this meal, I want you to be able to say, 'It was absolutely awful, gave me food poisoning, and cost me $65. But at least the bread was good.'"? Would Verizon want its customers to say, "I had to pay $65 for this month's cell phone bill, and I couldn't make a single phone call. But I was able to send a text message last Tuesday."? Of course not. If this is the standard you have to adopt to justify what you are doing, you probably shouldn't be doing it.
Second, it was further confirmation that virtually everybody involved in putting on this course knows that virtually everybody who attends the course thinks its a colossal waste of time. Which makes no sense when you take into account the fact that...
9:47am: "Putting on this course is a logistical nightmare." So it's a terribly costly nightmare for everybody involved. Which means it better be damn effective at doing whatever it is its supposed to do. At least to the point where you change some minds on the value of the course by the end. Except...
9:48am: The aim of the course is "to send a message that the MBSA gives a damn. That the MSBA takes it seriously. That professionalism matters."
Game, set, match. This is it. This is why I was dragged out to Baltimore at 8 in the morning on a Saturday in December during my cancer treatment: Because the Maryland State Bar Association wants to send a message. To whom? Who the hell knows. Doesn't matter. Just send a message. What does "professionalism" mean? Who knows. Doesn't matter. But the MSBA cares about it. What does it cost? How much does it inconvenience everybody? Is the cost and inconvenience to everybody worth the benefit of the course? It. Does. Not. Matter. Because the MSBA wants to take it seriously. And the more burdens you place on people, the more it shows you care.
9:49am: I notice I'm the only male who has removed his suit coat. Don't know if it says more about me or the other people in this room. I'd say it means I'm cooler, but I'm the dude frantically taking notes and getting weird looks from the other people in the room.
9:51am: The legal profession "fears change." Really? I wouldn't guess that a profession that won't let many of its bar exam takers use "computers" and has displayed a stunning inability to figure out the internet fears change.
10:03am: Our current topic of discussion: "Why terminal cancer is like going to France." I appreciate the effort, but leave the cancer analogies to me, dawg.
10:12am: Our suggested goals: To serve a "higher authority" and "don't compromise." Except when, you know, you are legally required to serve your client and you are asked to compromise in settlement negotiations, plea deals, mediation, arbitration, or any other form of dispute resolution.
10:25am: Speaker #5 has us introduce ourselves one-by-one and tell the class where we are going to be working. This has gotta be fun for the roughly 1/4 of the class that is unemployed. Maybe this should be re-branded as a self-esteem course.
10:35am: A sampling of the advice we're getting: Leave early to avoid traffic during rush hour, don't talk on your cell phone in a courtroom, be nice to the Judge, call the chambers if you're going to be late. Good advice? Sure. Worth $65 and a trip to Baltimore? Slightly more debatable.
10:37am: Be prepared when you argue in front of the judge. Fine advice again. But funny, because speaker #4 told us how we, as young attorneys, are often more prepared than older attorneys who have been doing this for years and feel they can make off-the-cuff arguments. You know...the older attorneys who are not required to attend this course.
10:47am: Speaker #5 - who just emphasized the importance of preperation - is very obviously out of things to cover 10 minutes before the end of a session in which we already spent 10 minutes introducing ourselves.
10:55am: When in doubt, warn us about Facebook.
11:02am: Speaker #6 walks in the room and announces with glee, "two down, two to go!" Does
anybody want to be here? Is the only guy who thinks this is a good idea still at home in his robe and slippers drinking coffee and reading the paper? And is that why he still thinks this thing is a good idea?
11:06am: Interesting tidbit: The most common area leading to lawyer discipline? Escrow accounts. Which is followed by this statement: "Most lawyers don't even know they're violating a rule!" Here's advice from Nick - take it or leave it: If your rules are such that people can violate them without even knowing it, perhaps the problem is with the rules. I know murder is wrong. I know robbery is wrong. But did not know, until yesterday, that photographing one of those new nudie scanner machines at the airport is a federal offense.
11:08am: Facebook is "a tool of destruction." I might have to try out this Facebook thing all these people seem to be talking about. It sounds fun.
11:23am: We have now discussed three hypothetical dilemmas today. We have exactly zero answers for those three hypotheticals. Every one has ended with some version of, "This is a tough call. There is no right answer." Thanks for clearing things up for us!
11:35am: Here's a fun story: A dude robbed some guy at an ATM. He threw gasoline in the guy's eyes to startle him and then stole his money. Then, to make sure the guy couldn't ID him, he lit the victim's face on fire. Nice guy, right?
Well the robber gets caught and there's a pretty airtight case against him. The robber tells his lawyer that he's going to lie on the stand. The lawyer says there's no way he's going to assist in committing perjury with a guy who lit another man's face on fire. So the lawyer attempts to withdraw from the case.
Why were we told this story? Because
the lawyer was wrong. The lawyer screwed up. I actually knew this before the course, I know why that's the case, and I knew what the lawyer should have done. I agree with the rules here, and I know and understand the reasoning behind them. But that's not importnat.
What is important is that this was a story told at a course designed to help restore dignity to the legal profession. In fact, this is the
precise reason many people hate lawyers. You can have all the professionalism or ethics courses in the world. It's not going to change the unappealing nature of some aspects of the profession.
11:40am: The current score: Cancer references: 2, Facebook warnings: 3. We're supposed to call clients back because we would want our doctor to call us to tell us if that lump was cancerous.
11:47am: Speaker #7's first statement: "Well the bad news is I showed up!" Yuk yuk hardy har har ha ha YOU DRAGGED A THOUSAND PEOPLE TO BALTIMORE OVER THE COURSE OF TWO DAYS AT GOD KNOWS WHAT EXPENSE AND BURDEN AND THEN HAD EVERY SPEAKER DROP A JOKE ABOUT HOW MUCH EVERYBODY HATED BEING THERE.
12:00pm: #7 asks us what we think about mandatory pro bono rules. For the non-lawyers here: pro bono essentially means working for free, and is usually done to help poor individuals who need legal representation. Given my past work with indigent criminal defendants, I feel very strongly about pro bono work, and it also gives young associates a chance to handle a case, deal with a client, refine legal skills, and appear in court. I think pro bono work is extremely important to the legal profession.
I also vehemently oppose mandatory pro bono requirements. Forced charity is not charity. Requiring others to do what you think is a good idea does not make you a good person. It does not make you more virtuous. It makes you a bully.
So anyway, after asking us what we thought about mandatory pro bono rules, speaker #7 informed us that Maryland was probably going to have pro bono requirements soon. He also implicitly showed us exactly how the MBSA works: pretend to care what you think, then do whatever they want.
12:01pm: Speaker #7 informs us that there are "not too many lawyers" and that there are actually "very few lawyers." I think the 8-10 unemployed folks in the room would beg to differ. For the record, there are way too many lawyers.
12:07pm: We're given an assignment: Write down the first word a family member said to us upon learning that we were going to be a lawyer. The catch: That word can't be "congratulations!" You know...the first word every family member says to you upon learning that you were going to be a lawyer. This assignment was actually designed to teach us the ancient legal art of "making crap up on the spot."
12:10pm: The legal problem has a "perception problem." I'm not sure if we're all going to the Barack Obama School of Your Shit Don't Stink, but sometimes - just sometimes - when people dislike something, they have a good reason for it. The legal profession is messy. Ours is one of the best in the world, but it has a lot of flaws. Some of them are really the best way to get things done, but sometimes, they will lead to unfair or unjust results. And yes, the legal profession does attract a great deal of seedy individuals. That's life. So don't assume that if people despise the legal profession, the problem is theirs. I don't really like the legal profession. The problem is not my imperfect perception.
12:17pm: So we all had a sheet of paper on which we were supposed to give feedback on the course. I didn't fill it out because of what I mentioned at the 12:00pm mark. But then we found out that speaker #7 would be collecting our completed sheets. So I (and many others) hurried and circled some random numbers that in no way reflected how we really felt about the course.
And then I realized this: I was just forced to do something I didn't want to do, so I half-assed it. That's human nature, right? So why the
hell would anybody think it's a good idea to force lawyers to do legal work they don't want to do, for free? Do you think that's going to get poor people the best legal representation? What if you get a simple lease dispute that could be handled in about 20 minutes with a simple phone call? If you have a 50 hour a year requirement, you're much better off, as a lawyer, filing a lawsuit and getting credit for 10 hours of work instead of 20 minutes. Which is much worse for everybody involved, but who cares? We have messages to send.
Well, message received folks. I had two people make virtually the exact same point to me: It's amazing that this whole process includes mandatory attendance at a "professionalism course" when this has been one of the most unprofessional experiences of our lives. And the message we received was loud and clear: We're going to do what we want, when we want, and in any manner we want, and you are going to accept it. People with big ideas will come into power. Commissions will be formed. Those commissions will "study" issues and issue reports. Those reports will have recommendations. Those recommendations will invariably lead to more requirements and rules. And the process will repeat. That's my takeaway from last Saturday.
Come to think of it, that professionalism course helped me understand my profession quite well.