10 Questions Every Potential Law Student Should Ask Themselves

Harveyspecter

Choosing law school is something many lawyers – or aspiring lawyers – do as an almost knee-jerk reaction to their vaguely formed opinions as to what it must be like to be Harvey Specter in “Suits”, or perhaps Ally McBeal.

However, the problem is that the right questions are frequently remaining unasked. The questions that REALLY determine whether you’re cut out for all that courtroom cut-and-thrust.

California lawyer Jill Switzer wrote for AbovetheLaw about some of the key assessment test issues that should – but are not – raised in a pre-law test that determines whether you’re ready for the profession, or simply wanting to put off making a decision about your career for another three years.

In an age where gender issues and lawyer-stress are major concerns, some equally pertinent career assessment questions need to be asked.

And here are 10 questions you may want to consider, based on the Switzer points:

1. Do you have a thick skin? If you don’t, then forget about law school and the practice of law. You may have been the smartest in college, but you won’t necessarily be at the top in law school. Get over yourself as the smartest person in the room. Be able to take criticism, both constructive and destructive, because you’ll get plenty of both.
2.  Can you handle rejection? Rejection by the court when it denies your motion, rejection by the jury when its rejectionverdict goes the other way, rejection by the client when he substitutes you out and then refuses to pay the outstanding bill. If you have trouble with this concept, then ditch the idea of a legal career.
3.  Can you detach from the emotion of your client’s case? It’s not your case, it’s hers, and the need for cool, unemotional, and rational responses is critical. Do you remain calm when everyone around you is freaking out? Can you deliver bad news as well as good?
4.  Are you calm under pressure.  This is a corollary to Number 3. Can you multi-task without going to pieces? What if a trial brief is due tomorrow? What if you just received notice of an ex parte hearing and you need to file a response before the hearing tomorrow afternoon? What if you have to prepare a witness later today for a deposition on another matter tomorrow and your associate is on vacation and a client needs the final draft of a document righthisminute? Can you handle all that coming down on your head at the same time?
5.  Do you have a temper?  This is a corollary to Number 4.  Are you able to keep it in check or will your nastiness spill out at inappropriate times, such as in court? Do you frustrate easily? If the court asks you to mark and identifytemper exhibits before showing them to a witness (which you should know how to do anyway), do you get exasperated with the court’s continually asking you to do what you should have known how to do anyway? Do you show that exasperation? How do you work with other people?
6.  Do you have the ability to handle repetitive and often mind-numbing work for days, weeks, and even years on end? (I’m not just talking about doc review here.)
7.  Do you have the ability to provide practical advice and not just spout the law? Can you see yourself giving a client advice that can be used immediately, or do you prefer to lay everything out in an esoteric memo replete with case citations that the client will not read and be enraged at having to pay for?
8.  Do you like people? If not, and you’d rather spend your days disengaged from the world and people’s problems, then don’t even think about a career in law. Book smarts is one thing; emotional intelligence is another and is even more critical than abstract legal knowledge. If you can’t connect with people, your career is doomed.
9.  Are you a high-maintenance person? If so, don’t bother. Law practice doesn’t have time for people who are needy and always seeking approval. You won’t get it, and so if you don’t have enough internal self-confidence, the lawhighmaintenance isn’t the place for you. You will rarely, if ever, get props from anyone, and if you doubt that, see numbers one and two.
10.  Can you write? Do you know grammar, punctuation, and spelling? Do you write well? Do you like to write? Since the great bulk of the work that lawyers do (and the way they present themselves) is in the written work product, if you don’t like to write, then don’t bother. If you like to write but feel your writing skills need work, then do something about it.

So there they are.

Jill Switzer also suggests that you have passion for something other than money, as well as an ability to get by with little sleep (ie waking at 3am: “Did all the exhibits get tabbed”? and other similar concerns).


The Former Corporate Lawyer Who Spun Lies In Multi-Million Dollar Ponzi Scheme

corporate lawyer on fraud charges

 

LawFuel.com – Preet Bharara, the United States Attorney for the Southern District of New York, announced that CHARLES A. BENNETT pled guilty in Manhattan federal court today to an Indictment charging him with securities and wire fraud in connection with a scheme to defraud over 30 investors of more than $5 million over the course of more than five years.  Among other false and misleading statements, BENNETT lied to investors by claiming to have exclusive access to a highly successful privately held investment fund in which he would purportedly invest the investors’ money.

BENNETT solicited millions of dollars from over 30 investors, including his close friends and family members, but never actually invested any of the money in the investment fund or any other investment vehicle.  Instead, BENNETT used the investors’ money for his own personal benefit and to pay back other investors.  BENNETT was arrested on December 12, 2014, and pled guilty today before United States District Judge Laura Taylor Swain.

 

U.S. Attorney Preet Bharara said: “As he admitted today, Charles Bennett spun an elaborate web of lies and ensnared dozens of investors, including his own friends and family.  Bennett, a former corporate attorney, solicited millions of dollars from investors, issuing fake promissory notes and account statements, but actually just spent all of the money on his personal expenses.  He now awaits sentencing for his fraudulent investment scheme.”

 

According to the Complaint, the Indictment, and other statements made in open court:

 

From 2008 through November 2014, BENNETT, a former corporate lawyer at a law firm based in New York City, engaged in a multimillion-dollar Ponzi scheme, during which he solicited money from investors based on materially false and misleading representations.  Specifically, BENNETT told the investors that he himself had invested money in a highly successful privately held investment fund, and that, should they choose to invest, the investors’ money would be held in BENNETT’s account.  BENNETT communicated by email and telephone with many of the investors in order to tell them about the purported status of their investments, including their purported returns.  BENNETT also led most of the investors to believe that they were the only individuals to whom he had extended the offer to invest with him.

 

BENNETT created false and misleading paperwork in furtherance of the scheme, including “promissory notes” that he provided to the investors as a record of the amounts of money they had given to BENNETT to invest.  BENNETT also provided certain investors with account statements that purported to show the amount that BENNETT (and the investors, through BENNETT) had invested.  In fact, BENNETT never invested any of the investors’ money in the investment fund or in any other investment vehicle, but instead spent the money on his own personal expenses and to repay other investors.

 

During the course of the fraudulent scheme, BENNETT solicited more than $5 million from more than 30 investors.

 

*                      *                      *

 

BENNETT, 57, formerly of Manhattan, now living in Minnesota, pled guilty to one count of securities fraud and one count of wire fraud.  The securities fraud count and the wire fraud count each carry a maximum sentence of 20 years in prison; and the charges carry a maximum fine of $5 million, or twice the gross gain or loss from the offense.  The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.  BENNETT is scheduled to be sentenced by Judge Swain onMarch 17, 2016.

 

Mr. Bharara praised the work of the Federal Bureau of Investigation and thanked the Securities and Exchange Commission for their assistance with the investigation.

 

The case was brought in connection with the President’s Financial Fraud Enforcement Task Force.  The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes.  With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud.  Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations.  Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants.  For more information on the task force, please visit www.StopFraud.gov.

This case is being handled by the Office’s Securities and Commodities Fraud Task Force.  Assistant U.S. Attorney Amy Lester is in charge of the prosecution.

 

15-274

 

About The Author