Solo Practice University® » Jack Whittington

You Only Fail if You Don’t Get Up Again.

Jack Whittington — Tue, 31 Jan 2012 12:51:03 +0000

A belated Happy New Year to all of you. Now that we’re a few weeks into 2012, hopefully you’ve all settled into a routine and you’re holding fast to those resolutions you set for yourselves. As a February Bar Exam taker with a full time job I find routine to be crucial. When I studied for the Bar last summer, routine seemed impossible due to a series of life altering events. However, reflecting back on it now – if I had been able to just carve out time each day in the midst of all the trial and trauma I might not be taking this thing for a second time. Now that I have a full time job it would be easy to make excuses once again as to why I don’t have time to nail down and study like I need to. However, if I am to meet my resolution, I need to adapt and overcome to achieve. After reading, researching, and speaking with colleagues and peers on approaching the Bar Exam for a second time, I’ve taken away some tips that I’d like to pass on to those of you similarly situated….(heh bar exam humor for ya)

Motivation

The easiest way to do something is to be motivated while doing it. What motivates you? My motivation is still and always has been to practice law. Moreover, my motivation is to prove to myself that I am capable of passing the Bar Exam. That motivation makes a little easier to study at night after working twelve hours. It makes me a little bit more adamant about carving out time each day to sit down and really make use of the time that I do have to study. Admittedly, during summer preparation I did waste a lot of time that could have been used to studying. Maybe a little extra time going over Evidence or Civil and Criminal Procedure was the difference between passing and failing. What if I had made studying more of a priority all the times that I chose to put off studying. This time around I don’t want to have to ask myself what if. With the proper motivation, it is said that a person can achieve anything he sets his mind to. Again, I ask, what motivates you?

Resources

Have you ever tried to complete a job without the right tools? You may still be able to get it done but often times it requires double the time and effort required. Bar preparation is no different. I am not paid by any commercial bar program nor do I advocate one over the other, but I do know this. You need the right tools to succeed and bar courses can provide you with them. Odds are you have probably marked up all your old books, done most of the questions in them and won’t take the time to go back through the notes and outlines thoroughly. Most of the things I read about taking the Bar Exam a second time all said the same thing. Approach the exam as if you were taking it for the first time (again). The logic is simple, if you only focus on the subjects that you did poorly on the first time, then odds are the subjects you neglected will suffer drastically. Make sure you have the right tools for the job.

Routine

As a sports enthusiast I tend to watch a lot documentaries on various world class athletes. One constant among them is that they all found a routine that worked for them and committed to it religiously. Bar Prep is no different. Perhaps the first time around you had the right formula for success but just didn’t follow it like you should have. Or maybe you were just studying in a way that wasn’t effective as you had previously thought. One of my favorite movie series, Rocky, is case on point for what I’m talking about. Remember in Rocky III when he lost the title to Mr. T’s character, Clubber Lang?

He lost because as his trainer, Mickey, stated he had gotten soft, didn’t train hard enough, and didn’t want it bad enough.

After losing, Rocky goes out and recruits his old nemesis, Apollo Creed, to help him train. Everything Apollo had Rocky do was completely different from the way that Rocky had always trained. Sometimes you have to change it up, but when you do, make sure you fully commit to it (remember Stallone whining that he couldn’t do it, that he was afraid to change?). Once Rocky made up his mind to commit to training the way Apollo wanted him to we got a typical montage of Rocky working up a sweat and doing work and I hate the spoil the movie for you, but guess what…he won!

Is it a little cheesy to draw a Rocky parallel to taking the Bar Exam a second time? Perhaps, but it illustrates the point I’m trying to make. Rocky lost because he didn’t train like he should have and he got popped in the mouth by an opponent that caught him off guard. With the right motivation (the eye of the tiger), the right resources, (Apollo Creed) and the right routine (speed and footwork over strength training) he was able to come back and knock it out the second time. Keep motivated, make sure you have the right resources, and commit to a routine whole heartedly. I can’t guarantee that you or I will pass the Bar by doing this, but I do know that I won’t be asking myself “what if” if I should fail again. Do everything you can to get it right this round.

Written by Jack Whittington

Keeping the Grinch at Bay. Managing Your Student Loans

Jack Whittington — Fri, 16 Dec 2011 12:30:10 +0000

Student loans have become the Grinch that Stole Christmas for many of us recent grads this year. For a lot of people, including myself, my student loans entered repayment this month. The initial payment plan for repaying my costly law school education is staggering to say the least. I’d be lying if I said it hasn't put a damper on my holiday spirits this year. While this Grinch is taking some of my presents this year (and for the next 29 for that matter) there is a way to manage even the most seemingly insurmountable of student loan payments.

There is help out there you just have to know where to look. Typically the people at local branches for your banking institution really won’t have a clue as to how to help you manage your student loans. Most local branches don't have a student loan specialist and have no idea of how the process works. Then of course you get referred to a hotline and wait for hours and we all know how frustrating that can be.

The National Student Loan Database is a good place to start so you can see all of your student loans in one place. This will give you an idea of how much you owe for your education and get organized, instead of trying to make heads or tails of convoluted statements from multiple loan servicers. If you’re still living near your alma mater, make an appointment with your financial aid department. They will be able to show you the total amount of your loans, where those loans are being serviced, and what your best plan of attack is in keeping your repayments to a manageable monthly amount.

Additionally, Equal Justice Works has a service dedicated to helping recent law school graduates manage their student loans. They’ll help you put together a debt portfolio so you can take stock of all the loans that you have and give you options as to how you can repay your loans without breaking the bank every month. This is another good option if you feel the need to sit down with someone to figure out where you’re at and help get a better understanding of how the repayment process works.

If you already have a pretty good handle on the information about your student loans and your payments are still too high you have a couple of different options. First, you can lower your monthly payments with individual loan servicers. Typically once you gain online access with the institution serving your loan you are given the option to switch from the “standard repayment” plan to an alternative repayment plan. Your loans automatically begin on the standard repayment plan which calculates your monthly payments at a fixed sum to allow you to pay off the loan in ten years.

Alternatives to the standard repayment plan allow you to reduce your monthly payment by extending the term of the loan. An extended repayment plan will recalculate your monthly payments to a thirty year term. While the payment may be lower, ultimately the amount you pay will be much more under this plan because interest continues to accrue. The upside is that there is no penalty to paying off loans under this plan early.

Another option is the Income Based Repayment plan. Those experiencing a partial financial hardship are eligible to enroll in this payment plan. The IBR allows you to cap your student loan repayments at 15% of your monthly discretionary income. Furthermore, under this plan there is loan forgiveness on the balance of the loan after timely payment over a twenty-five year period. New changes proposed by President Obama will lower this to 10% of monthly discretionary income and loan forgiveness after a twenty year period set to go into effect as of July 1, 2014. Something to consider though is that enrollment in this repayment plan requires yearly filing of financial information and once enrolled, you are only permitted to change your repayment plan back to the standard repayment plan. For additional information on the various repayment plans available you visit Finaid.org

Lastly, if you have several loans being serviced by multiple institutions, it may be worthwhile to look into consolidation. Getting a Direct Consolidation Loan through the federal government allows you to make monthly payments to one service provider and also has the potential to lower your monthly payments. Depending on the type of loan you have you also may be able to reduce your interest on the loan and therefore pay less throughout the term. Having to make only one monthly payment simplifies the process and reduces the stress of having to keep up with multiple due dates and payment amounts each month.

Student loan repayments can certainly be a Grinch this time of year, especially for those of us just starting out. However, there are several options available to us to make sure that we can afford those payments without running ourselves into financial ruin or doing without basic necessities. Get organized and take charge of your debt, the Grinch doesn’t have to take all your presents this year. Happy Holidays!

Written by Jack Whittington

It’s Not Failure. It’s Just Success Delayed

Jack Whittington — Fri, 11 Nov 2011 11:30:00 +0000

We all want to succeed. We’re wired to believe that we need to succeed. But what happens when we don’t? Recently I received my results from the Texas Bar Exam and learned that I’ll have to retake the exam in February. I’ve never failed at anything in my life (or at least in my mind I haven’t)… until now. Devastation, shock, and disappointment are only a few words to describe my reaction. All my life I’ve set a goal and I’ve reached that goal. However, an email I received from a friend put it into perspective – it’s not failure, it’s just success delayed. It’s only failure if you give up on your goal. My goal is simple; I want to be a practicing attorney.

I can sympathize with those in the same situation as I am in. The feeling that you’ve not only let yourself down, but let others down including your family and friends can be overwhelming. The loss of a sense of direction in life is highly disorienting. But it’s not the end of the world. Does it make the journey more difficult? Yes. Does it make the goal unreachable? No.

There have been plenty of notable people who have not passed the bar exam the first time around, but still went on to become highly successful people. Examples include, Abraham Lincoln, Hillary Clinton, Michele Obama, and John F. Kennedy, Jr. – but when people think of those people they think of their success – not their failures.

The trick to success is figuring out why you didn’t meet your goal. Thomas Edison made over 2,000 attempts before successfully creating the light bulb. Each time he kept what worked, discarded what didn’t and tried something different. In my case, I know I didn’t study near enough due to an untimely family tragedy in June. I also know now that I’d have benefitted greatly from taking more practice exams and essays rather than focusing primarily on the study materials alone.

Almost every piece of advice from the blogosphere that I’ve read regarding retaking the Bar has said to study for it as if you were taking it for the first time (again). If you focus solely on the areas where you did poorly, you end up being under-prepared for the other parts of the exam.

One of the biggest problems that Bar re-takers run into is finding the time to study. Most of us have found full-time jobs of some sort and have any number of other commitments to go with it. Statistically the pass rate for second time takers drops to roughly 50% – simply because so many re-takers just aren’t able to invest the time into the test that they need to.

If you’ve made up your mind to re-take the exam in February, then you need to realize to what you’re committing. It means carving out time every day to study as if you were taking the test for the first time. This challenge itself can be daunting, but it is something that has to be done. Take time to figure out where you went wrong, what you can improve upon, and what you need to tweak to make sure that you make the most of your time when studying.

Go into this with a positive mindset that you can and will pass this time. If you approach the exam half-heartedly thinking that it can’t be done, then you’re probably right. You’ve got to have the desire, determination, and a strong commitment to reach your goal.

To all of those, like me, who didn’t pass the Bar, I would encourage you to give it another shot. Failure once, does not mean failure permanently, it just means success is delayed. Those delays only become failures when we choose to give up on reaching our goals. Don’t give up, pick yourself up and give it another go, but be aware of exactly what you’re committing to when you do make that decision.

I wish a very hearty congratulation to all of those who did pass and also the best of luck to those retaking it in February.

Written by Jack Whittington

Selling Yourself: What Every Lawyer can Learn from Salespeople

Jack Whittington — Thu, 13 Oct 2011 11:30:52 +0000

“Nothing great was ever achieved without enthusiasm.” – Ralph Waldo Emerson

Hello and welcome to the October edition of “Coming of Age”. As I noted last month, while I wait for the Texas Bar Exam results to be released on November 4^th, I took an interim job selling cars. In the meantime I also found time to finally get married to my high school sweetheart on October 8^th.

In my brief time working as a car salesman, I have picked up on several valuable tips and skills that are sure to help me along in my career as an attorney. All throughout my collegiate career I was taught that all the answers to any question I may ever have is in a book somewhere. Sales is not your traditional animal.

In the digital age, anyone can go to any dealership and find a red convertible of a certain make. All that’s really left up to the buyer is which dealership to go to. Many times people will go to several dealerships looking at the exact same care before they settle on buying. Why is that? It’s the same car, and often times the price range is incredibly close, so what makes a person buy from a particular car lot? The salesman. One of the most valuable pieces of advice I’ve gotten while working in sales, is that to be successful in sales, you must first sell yourself. A person will buy from someone they genuinely like.

This is something that directly translates to any line of business, but especially in the legal world. If you sell your clients, associates, juries, and judges on yourself they will want to agree with you, they will want to see things from your point of view. As lawyers we have been trained to be different from everyone else, we have been trained to be creatures of logic, to put aside our feelings and emotions and to serve justice according to the blackletter law. This may be true but we have to realize that a majority of those that we deal with are not “creatures of logic: but rather, as Dale Carnegie described “creatures of emotion”.

Taking all of this into consideration how do we apply it in our own practices? First, we must become enthusiastic in everything we do. Lawyers are largely known for having a perpetually sour disposition in all things they do. When I was working at the District Court in Tulsa, Oklahoma I absolutely loathed dealing with hard boiled attorneys who screamed and shouted and thumped their chests until they got what they wanted.

On the other hand, the attorneys I dealt with who were pleasant, friendly, and actually took time to learn about me personally were always great to deal with. So, when the surly lawyer and the one who actually knew my name both submitted documents to the court on the same day, at the same time, whose filings do you think received attention first?

In Dale Carnegie’s legendary book “How to Win Friends and Influence People” he points out that the number one way to make friends, is to make them feel important, like they are the only person in the world that matters. If you do that with every person you encounter, every single day, success is inevitable. The way we do this is through enthusiasm, smiles, and genuine interest in everyone and everything we do. Enthusiasm and a positive attitude are contagious. If the court clerk is tending to your filings in a quick and efficient manner, your client, and your senior partner are certainly going to be enthused with the progress the case is making.

If the jury feels that you’re a guy they can relate to and they like, they will want to see things from your, and therefore your client’s, point of view. Enthusiasm sells in any line of business you’re in, whether it be selling cars, selling the jury, or just developing friends that you can count on.

The most successful lawyers are those who are emotionally involved in every facet of their client’s case. The legendary Texas trial lawyer, Joe Jamail, stated in a March 2009 ABA Journal Magazine interview:

“[t]oday’s law schools teach students how not to get emotionally involved in their cases. That’s bulls–t. If you are not emotionally involved, your client is not getting your best effort.”

It took a job a car dealership, rather than a law degree, to teach me that people want you to be emotionally invested in them. Once they feel that way you have a client, and a friend for life. The modern lawyer should not be a cold calculating automaton, but a warm empathetic person who conducts his job with passion and enthusiasm. That sells

Written by Jack Whittington

Winning at the Waiting Game

Jack Whittington — Tue, 13 Sep 2011 11:30:57 +0000

As summer gradually fades into Fall many of us July '11 Bar takers are still waiting on Bar Exam results. If you’re like me you're watching your bank account slowly dwindle down to a pittance. It has been well documented in this column just how difficult the job market is for recent law school graduates – so it comes as no surprise that many of us (including myself) receive letter after letter stating, “thanks, call us when you get your results back.”.

For me that means waiting until November until I get my results back from the Texas Bar Exam. If all goes well I’ll be sworn in on November 14th. While that’s only two months away, two months is practically a lifetime financially for many recent grads. So what do we do? In my case I’ve taken a non-JD preferred job, in car sales to be exact. Of course many of the scam bloggers and trolls are probably cackling with glee as they read this, “see we told you, the system doesn’t work!” But I wouldn’t go so far as to say that law school has led me astray. I would argue instead that the system just isn’t as quick as its used to be.

As I stated last month, non-JD preferred jobs should be an option in the interim. Once you receive passing results from the Bar, you can always become a solo practitioner if you’re absolutely dead set on being an attorney. Sure, I’ve taken my fair share of barbs from people in the past week or so about spending all this money on a law degree only to take a job that I could’ve gotten just as easily with a bachelor’s degree. But I’d argue that my legal education has given me an inherent advantage in any line of work that I undertake. Many of my colleagues have taken an indignant approach when it comes to the notion of taking a non-JD preferred job. My line of thinking is that if I can’t find a job in the legal field then I might as well take a job where I can still utilize the skills I learned in law school. After all ,in sales and in the courtroom isn’t the bottom line getting someone, whether it’s a judge, jury, or customer, to see things your way?

After weighing all my options I came to the conclusion that there were three arguments in support of taking a non-JD preferred job in my situation.

1. Security

We all hear horror stories about not passing the Bar and the dire straits those people are left. By taking a non-JD preferred job, your livelihood and well being doesn’t rely on your test score. It relies on your work ethic. Assuming you survived three years of law school, you should have at least a decent amount of ingenuity, ambition, and drive to not have to worry about being canned. Whereas those that were fortunate enough to land a job in the legal profession prior to receiving their Bar results depend solely on the contents of an envelope addressed to them from their State Bar. Taking a non-JD preferred job in the months prior to receiving your results insures that you have a safety net if the worst happens and you wind up not passing the Bar Exam. It’s always good to have a contingency plan in case things don’t go your way.

2. Experience

I firmly believe that any respectable work experience outside of the legal profession can only be a positive for a new lawyer as a job applicant once you do pass the Bar Exam. The experience you gain from taking a job outside of your comfort zone or expected field can be invaluable and provide you with an altogether different insight into how to practice law that you would not have gained otherwise. Sales, just like law, depends largely on human interaction and how well you are at gauging body language and other intangible clues as to what a prospective client is thinking. I believe that the chance to observe people on a daily basis outside of the courtroom and in a completely different environment will provide me with a new outlook on how I communicate with prospective clients in the future. Additionally, it shows potential employers that you have the willpower, drive, and desire to work. That can be a powerful statement and a great way to stand out in an already crowded job pool.

3. Connections

The more you engage with people, the more likely you’re going to come across someone who may be able to open to door to you to legal job opportunities once you do pass the Bar Exam. When customers inquire about my background, I have no problem telling them I went to law school. Some people may feel shame at having to take a non-JD preferred job, but I just treat it as a new opportunity to reach out and network with people. With as many people as you encounter in sales, you never know what kind of doors it could open by just being open and honest about who you are and what you want to do. You’ll certainly make 100% more connections out in the workplace than you will tucked behind a computer spending hours on end looking for jobs that you ultimately know aren’t available to you before you have your Bar card.

I wish everyone whose waiting on their Bar results the best of luck, a big congratulations to those who have already passed, and finally to those that didn’t, keep your chin up and keep working. It'll pay off in the end.

Written by Jack Whittington

A Dream Delayed Creates Other Opportunities. Look For Them.

Jack Whittington — Thu, 25 Aug 2011 10:30:25 +0000

Hello and welcome to the August edition of “Coming of Age” and congratulations to all of you who have recently completed the Bar Exam! Now what? Oh, yeah. A job.

Like so many of my colleagues who have just graduated from law school and finished taking the bar exam I find myself feeling slightly deflated by the lack of law job opportunities available to us bright-eyed, bushy-tailed, young, would-be associates. Over the course of my own job search these past several months I’ve kept a running list of of things to keep in mind throughout this process. With the exam in the rear view mirror and the job search in full view, I thought now would be a good time to share my personal notes on the subject.

To be [a lawyer] or not to be [a lawyer]

Over the last four years there has been a significant shift in the legal world. But you knew that. There has also been a surprising number of recent law grads taking on non- JD preferred jobs. Law jobs are not as bountiful as they once were which leaves a lot of recent law grads working in jobs that don’t require that fancy degree after all. But it's preferred. The internet is full of commentary on the subject from people holding these positions and screaming their heads off they were hoodwinked. “Where’s my corner office, six figure salary, and signing bonus?!?”

If you haven’t realized it, then perhaps it’s time to wake up. Unless you already know without a doubt that you’re going to brave the legal world as a solo practitioner, there are no guarantees that a JD required job is out there with your name on it. Many recent law grads that I’ve spoken with simply refuse to consider non-JD preferred careers. One person went so far as to say that they felt it was “beneath” them to settle for anything less. I personally have a strong desire to practice law but I’m not turning a blind eye to other opportunities either. Once you’ve passed the Bar Exam you will always have the option to practice law regardless of whether or not your first job requires a JD or not – keep all of your options in front of you.

Face Time

No; I’m not talking about the iPad app. I’m talking about getting your face in front of as many practicing attorneys in the field as it is humanly possible to reach out to. As I’ve documented continuously through my columns here at SPU, lawyers have continually told me that networking is just as crucial to landing a job as making decent grades in law school. Now is exactly when this skill and effort comes into play. Pick up your address book and start giving anyone and everyone a call. Offer to take them to lunch, meet for coffee, or wash their car on the weekend if you have to (OK I’m exaggerating a little but you get the point). Finding a job in the legal field is indeed a peculiar endeavor. I’ve spoken with several attorneys who have told me that they got their start in the business from a “guy who knows a guy” – your immediate contact may not have a job opening for you but odds are that they probably know someone who does.

Additionally, many firms don’t post their openings on the web or job sites, rather they rely on their own in-house attorneys to find potential associates which makes “facetime” all the more crucial. Whenever you do have the good fortune to meet with a practicing attorney, have a resume on hand so that if they do ask for a copy to circulate around to their colleagues you’re prepared and can show that you’re serious about getting started as soon as possible.

Evolve to Survive

In the 2008 movie re-make of the 1951 classic, “The Day the Earth Stood Still” there is a scene that reminds me of the challenge law grads coming of age in this economy. While pleading with the alien Klaatu to spare humanity from eradication, Professor Barnhardt explains that:

“you say we're on the brink of destruction and you're right. But it's only on the brink that people find the will to change. Only at the precipice do we evolve.”

As I mentioned earlier, there may not be enough law jobs to go around but it doesn’t mean that you have to give up on your goal of becoming lawyer. If you find yourself on the outside looking in, place yourself as close as you can to the field of law you want to practice in. For example, if you want to practice Oil and Gas law and can’t find work as an associate, then try to find work as a Landman – you get hands on experience in the field with relevant subject matter and eventually the opportunity to move over to the associate’s chair will present itself with a little hard work, ingenuity, and some due diligence. If you want to practice Sports Law then consider seeking opportunities with college athletic departments and NCAA Compliance offices.

Be willing to relocate to where the jobs are at. Look for jobs in smaller markets where small to medium size firms are usually looking for someone to bat cleanup behind senior associates and take on the odds and ends aspect of the job as opposed to squarely setting your sights on a Big Law job in a major metro area like New York or Los Angeles. We don’t have the luxury of calling our own shots at this stage, so if the mountain won’t come to us, then we must go to the mountain.

Above all keep the faith and continue to put in the hard work that got you this far. We may have to work harder than many of our older colleagues at just getting our foot in the door to the legal profession, but I’m convinced that those that overcome the odds will usher in a new breed of lawyer that appreciates the opportunities that the profession grants them.

What have you done to help your job search? Have you considered getting close to the action in your practice area by seeking out a non-JD preferred job?

Written by Jack Whittington

When Tragedy Strikes

Jack Whittington — Thu, 14 Jul 2011 10:38:51 +0000

Honestly, I’m not even sure where to begin. I come to you this month, bewildered and broken-hearted but at the same time hopeful and determined. This summer was supposed to be about the Bar Exam, about forging ahead and blazing a new path. Unfortunately those plans came to a crashing halt on the night of June 21^st. My mother called me late that night to tell me my stepfather, David, had collapsed while working out of town in Louisiana. She said she was on her way to the hospital then and I told her I was right behind her. I jumped in my truck and pointed it east towards the Louisiana state line as quick as I could. Just as I was crossing the Sabine River Bridge on Interstate 10 crossing into Louisiana, my cell phone rang…my mother was on the other line – she was too hysterical to even say the words, but I knew….he was gone.

At the age of 42 he had been taken from us all too soon and all too unexpectedly. The utter shock of it all still has my family reeling. So instead of studying for the Bar I was now helping my mother plan her husband’s funeral and assist her with the business aspects of the ordeal as well as being there emotionally for her and the children that were left behind. Every so often someone would take me aside and ask “shouldn’t you be studying?” – I know they meant well but the Bar Exam was the furthest thing from my mind for quite a while.

So as the days after his passing turned into the weeks after his passing I knew in my mind that it was time to get back to work, but I had no desire to even touch the material. I just wanted to set alone in a dark room with just my thoughts and process what on earth just happened and was it even real? For a while I kept expecting to wake up and find this was all some terrible dream. As I tried to ease back into studying I became easily frustrated – I was now weeks behind on where I should have been on my Bar Prep syllabus and the material seemed insurmountable. At one point I honestly contemplated throwing the towel in and just waiting to take the Bar in February. It would have been the easy way out – some might even say it might be the best thing to do in this case, but I know David would have none of it.

David was one of my biggest cheerleaders and supporters. He was so excited for me and the journey that I was about to embark upon as a lawyer. No matter what differences we had, we always saw through them and he was always there for me when it counted. I hate that I won’t be able to give him the in and outs of my first trial or discuss legal strategy with him any longer – but if I don’t pick myself up off the mat I may not be having those conversations with anyone at all.

Life happens…I know I’m not the only bar exam taker that something like this has ever happened to and I know that there are probably others out there right now experiencing similar circumstances. There’s really not a play book for something like this – all you can do is hope for the best and rely on the resources you have to give it your best shot.

My fiancé Daina is also taking the Texas Bar Exam and has been a saint in helping me catch up with the material that I missed and my good friend Jeff who is taking the North Carolina Bar Exam is a pro in areas of the MBE that I struggle in and has been more than gracious enough to offer any help he can provide me with in nailing down the material. I cannot express enough how grateful I am for their help.

So for those of you of out there that are experiencing something similar just know that you’re not alone and that your friends and colleagues are there to help you. The prospect of failing the bar exam is daunting, but I’ve made up my mind that if I’m going to strike out I’m at least going to go out swinging and maybe just maybe with a little luck I can still knock this thing out.

To not try, to give up and pack it in would be an injustice not only to myself but to someone who had a large hand in helping me to get where I am today.

David, thank you for everything, it won’t be the same without you.

Written by Jack Whittington

I’m Going To Prison. (Actually, Just Studying for the Bar)

Jack Whittington — Thu, 09 Jun 2011 11:30:20 +0000

I wanted to entitle this article "Solitary Confinement or How I Plan To Study For the Bar Exam" but I was convinced it would send too many Bar takers running for the hills – but I digress…so I called it Going To Prison…

Bar Prep for the Texas Bar started on May 23rd - I'm taking an online course which requires me sitting in front of my computer for at least 3 hours a day listening to someone drone on about subjects I could quite frankly care less about. Yes, I know it's the Bar. Yes, I know its the most difficult test I will ever take. Yes, I know I HAVE to pass it on the first go-round – but honestly, I'd rather be doing anything but studying for this fetid exam.

This is exactly why I realize that I have to go into the "hole" if you will and place myself into solitary confinement to get ready for this thing. Trying to study from home just isn't going to cut it – there are too many distractions swirling around and it is too easy to get drug off course by those distractions. Admittedly I have not studied as arduously as I know I should have in these first few weeks – heck, even as I write this blog I'm actually procrastinating from doing note cards.

This can't keep up – it is a one way ticket to a non-legal career. So if you're like me and get too easily distracted here are some great tips I've found from across the web on how to tackle the Bar Exam.

it's better to formulate a plan late than never. Josh Camson at the Lawyerist tells us to treat the bar exam like running a marathon - and that "interval training" is the key to gearing up to the Bar . He suggests little breaks to clear your mind and help you to remain sharp in studying. My problem studying from home is that a "little" break more often than not turns into a "big" break.

When I go to lunch with friends I usually find myself knocking off for the rest of the day because I really don't have a plan of attack so to speak. Another suggestion Camson had was locking yourself in a room all day and then rewarding yourself with a day out with friends or a trip to the movies. This "prison" method of interval training probably works better for my habits. I plan on going to the local community college and manning a study room for the next few days and then scheduling a mid-week lunch as something to give myself to look forward to instead of being habitually interrupted or finding ways to be interrupted.

Another great piece of advice I came across in formulating a plan for studying for the Bar was suggested by Lisa Young at Law School Academic Support Blog. Lisa suggests that balancing good sleep, nutrition, and exercise habits are key to keeping in good mental and physical shape during the Bar. Brilliant! While it sounds self explanatory, I honestly did not think about those things in the first few weeks I've been studying for the Bar. Meanwhile I've noticed my pants getting a little tighter during that time. It's real easy to grab some chips or snacks from the kitchen to munch on while listening to these endless videos. However at this rate come August I'd have to buy a whole new wardrobe and from previous experience that's not cheap (in the last year I've lost 60lbs).

One of the ways I was able to lose so much weight was sticking to a rigid schedule – anyone that's ever dieted can tell you its no small accomplishment. Young's idea of balancing exercise, sleep, and nutrition fits in greatly to creating a schedule to manage studying for the Bar and exercising. Developing a daily schedule really helped me reach my weight goal so it seems that there is no reason it wouldn't work in this setting either to get ready for the Bar Exam.

One further piece of advice I would advice is to turn off the cell phone when you sit down to study. It doesn't take much to derail my train of thought when I'm studying. Keeping myself in the "zone" is difficult enough while studying for the Bar. I've found that if I wall myself off from as many outside distractions as possible I'm able to get my work done quicker and retain more information.

I understand I'm not reinventing the wheel here but putting pen to paper….um ….finger to keyboard helps bring the plan to life for me. As someone who absolutely needs structure , sitting down and formulating a daily schedule and recognizing potential pitfalls is exactly what I needed to tackle the beast.

If you're struggling with the same or similar issues while preparing for the Bar – know that you're not the only one having internal panic attacks because you know you're not doing what you need to do and breathe – then formulate a plan of attack – and then do it.

Here's an example of the daily schedule I created to keep myself on task. By sticking to this schedule I've been able to focus on my Bar prep material like I know I should. The main thing I've found that helps keep me focused is getting to the frame of mind of treating this like a job – after all my job and livelihood all depend on whether or not I pass this test.

BAR EXAM STUDY SCHEDULE

8:00am Wake up – Breakfast – Travel to Library

9:00am Begin Bar Prep Video

12:30pm Lunch Break

1:30pm Review Bar Prep Notes

4:30pm Home

5pm Down time

6pm Exercise

7pm Shower/Dinner

8pm Make/Review Note Cards from Daily Lecture

10pm Watch Conan O'Brien

11pm Bed

Yes. Prison is known for its very strict schedule.

How are you studying (or studied) for the bar exam? Please share your tips.

Written by Jack Whittington

Could You Turn Down The ‘Dream Job’? I Did.

Jack Whittington — Fri, 13 May 2011 11:30:05 +0000

A job offer before graduation is about as rare as the Crown Jewels in today’s economy. That’s not to say it doesn’t happen, but it only happens to a very select few these days. Three weeks prior to my Hooding Ceremony I received an offer to work as an associate in a sports law firm. A dream come true you might say and which is why it was so difficult to turn down. I’m sure the sound I just heard was that of jaws hitting desks as people read this. Yes, I turned down my “dream job” and an offer before graduation. I'm sure many of you will call me foolish but before you draw any conclusions let me state my case.

This 'dream job' would have required this Texan to stay in Tulsa, Oklahoma. I had already made plans to return to Texas and take the Texas Bar in July of this year. Upon receiving the offer, I inquired about taking the Oklahoma Bar in July and the final deadline had already passed. What this meant was that it would be February before I could take the Bar in Oklahoma and April before I received my license (granted I passed). It also meant that it would be almost a full year before I would be able to legally practice in Oklahoma. Whereas if I continued my originally intended course of going back to practice in Texas, I can start in November (once again granted I pass the Bar). Five months is a lifetime when it comes to paying back sizable student loans.

Additionally the job would have had me traveling a majority of the year. I know many lawyers that are “road warriors” and literally live out of their suitcases for weeks at a time, but that’s just not me. The glamour and the glitz of the sports world is not worth it to me. I’d much rather be commuting to the office back and forth on a regular basis instead of racking up Frequent Flyer miles on pace with George Clooney in “Up in the Air”. There was a time and place when I thought I wanted that lifestyle but I’ve since come to realize that’s not who I am. I’ve read several books written by lawyers on finding the successful keys to avoiding burnout and they all say that one of the most crucial things an attorney must do to avoid getting burnt out is understanding who and what they are. I am a not a jetsetter – and the more I thought about it, it definitely seemed like a one-way ticket to becoming another bitter lawyer.

Furthermore, understanding who you are seems to be the key element in establishing a sustainable and hopefully enjoyable life as an attorney. There’s a reason why attorneys consistently rank among the top professions in substance abuse: I believe it’s because too many lawyers take the money and run without any consideration for what it is they want out of life.

I have been gone from home for seven years now. I went to Texas Tech for undergraduate studies twelve hours away from home, and then moved to Michigan for my first year of law school which resulted in me essentially moving from Mexico to Canada, and then moved to Tulsa which was eight hours from home.

After a while the missed birthday parties, anniversaries, football games, and fishing trips start to get to you. Then you start to lose relatives and loved ones and realize that all this time away in pursuit of a career is also time lost with those closest to you.

Family is important to me – I can be the most successful lawyer in the world, but if my family is not there to share it with me it’s meaningless. I’d much rather be a small-town lawyer making a fraction of the salary I could elsewhere if it means that I never have to choose between going to my future son or daughter’s baseball game or recital and a work related business trip.

That’s why I turned down my “dream job”. Someone once told me to be careful what you wish for and I understand now what they were talking about. Everyone is different and maybe many of you still think I should have taken the job, but I know I made the right decision for myself. As important as it is for me to be an attorney, it is even more important for me to be a “Happy Attorney”.

I would encourage my fellow 2011 graduates to stand back and take a long look in the mirror before taking that high salaried job. Is it really what you want? Is it really who you are? Can you see yourself keeping up with that pace of work in five, ten, twenty years? Is this a job you can see yourself waking up every morning looking forward to or dreading?

The student loans will get paid eventually – it’s just a matter of how quick they get paid off. We owe it to ourselves and those around us to make sure that we take jobs that we enjoy rather than the highest paying job right out of the box. Attitudes are contagious – if your job is going to leave you constantly exhausted and jaded odds are that attitude is going to carry over into your home life. Remember, all that glitters is not gold.

Written by Jack Whittington

What They Don’t (and Can’t) Teach You In Law School

Jack Whittington — Fri, 15 Apr 2011 11:30:07 +0000

Hearing about how something is done and then actually seeing how something is done are often two very different experiences. Learning in law school and actually doing legal work is no exception.

This past January I began a clerkship with a law firm that specializes in representing professional athletes. Over the course of these past months I've to come to realize that no matter what kind of firm you work in there are some universal truths about working in a law firm. Here are a few things that are front and center:

Communication. We often think of litigators as the great communicators in the legal field because after all, litigators are the lawyers we see doing the most talking. Lawyers of all types, not just litigators, must be able to speak with anyone, any time, any place, about anything.

One of the things I enjoy about my position is the variety of people I interact with on a daily basis. Some days may consist of meeting with other attorneys in contract negotiations while other days may be spent speaking with doctors and business advisers. Still other days may be spent speaking with ordinary citizens who have come in for personal injury cases. You never know exactly what you’re going to get.

In my opinion (and for what it's worth), the most important skill a lawyer can possess is the ability to communicate with people regardless of whether they’re a Johns Hopkins trained neurosurgeon or a high school dropout who has driven trucks all of his life. In order to be a zealous advocate for your client you have to first understand what it is exactly that your client wants. Sometimes that’s not always easy to know or understand. While this all sounds self explanatory it’s not something that's taught in a classroom. Developing good communications skills with people (if you don’t have them already) will go a long way in preparing you for anyone that walks through the door and it is a must-have asset for attorneys in any area of law.

Billing and Work Procedures. If you have a law office working on the billable hour billing model, one of the most difficult nuances of getting used to working in a firm is getting used to billing procedures. Everything you do must be tracked, logged, and kept up with. You can guarantee there is going to be some quirky computer system to help you keep up with it. However, anyone that’s ever worked with billing will tell you that it takes a bit to master and it’s not always easy to keep track of who you had phone conversations with at what time and for how long especially when you’ve got a ton of emails and phone messages to return. It can be very easy to lose track of or to forget to log your hours. You have to stay on top of it vigilantly.

Juggling your workload is something that no amount of in class experience can prepare you for, especially in a fast paced firm with scores of clients calling every day for one reason or another. There are many different ways to manage your workload in a proficient manner. What I find works best for me is making sure I have a schedule laid out for me before I begin my work so I can make sure to carve out enough time to return emails and phone calls and then allot myself enough time to finish up any assignments facing a deadline.

Professional Responsibility.

As law school students we spend our days learning the law from casebooks and how that law applies in hypothetical situations in the form of multiple choice questions and essays on our final exams. If we get it wrong the worst that happens is that we get a poor grade in the class. Working in a firm makes you realize the importance of taking the time to “get it right”.

Once again while all of this seems obvious, no amount of course work can prepare you for the moment when you realize that what you are working on could be the difference in thousands or maybe even millions of dollars for your client and it all depends on how well you do your job.

One of the things young clerks and entering associates struggle most with is what to do when we make a mistake. The joke here is “well, don’t mess up” – but just know it happens to the best of us sometimes. When we do mess up our first inclination may be to try to hide it or ignore it in hopes that no one notices it.

A mentor of mine and managing partner at a large firm told me the most frustrating thing he encounters with his young associates is a lack of professionalism and accountability.

When you do make a mistake (and you will) have the courtesy to let someone know so they can correct it (if you can’t) before it becomes a much bigger issue. The difference may be a scolding versus a pink slip later.

Law school may teach us how to “think” like a lawyer, but law school students need real world experience in internships and clerkships in order to teach them how to “work” like a lawyer. A hands-on experience can be invaluable when first starting out in your legal career.

If you haven't clerked or interned during your law school career then I would strongly encourage you to consider doing so. There are only so many things a professor can teach us out of a casebook before we have to go and actually experience the law for ourselves in order to actually learn it.

What experiences have you had working during law school? Do you agree/disagree with my assessments?

Written by Jack Whittington