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Free Legal Advice In Court? CT Family Courts Should Promote Lawyer Referral Service

by Ryan McKeen

A few weeks ago, the Courant ran a story about a pilot program launched in Hartford Family Court where pro se litigants can get free legal advice from lawyers on certain days in court.

The goal of the program is to help ease the stress placed on the system by the increasing number of pro se litigants.  A noble cause indeed.

While I support the purpose of the program I don’t like it. Giving free legal advice to all who seek it perpetuates the idea that legal advice isn’t valuable. It further perpetuates the idea that private lawyers are so expensive that no one can afford one. Both notions are false.

Pro Bono service is a pillar of our profession. However, Pro Bono service should only be rendered to people who truly can’t afford legal advice not people who don’t want to pay for it.

Instead the Court should promote the lawyer referral service. For $25 someone seeking legal advice can get a referral for a half hour consultation with a lawyer in the area. I regularly see lawyer referral clients and help them with their problems. Many times their questions have simple answers which I’m happy to provide.

Sometimes I’m able to work out a flexible fee agreement that fits my clients budget. In my opinion, the Lawyer Referral service is a win-win for clients and lawyers and ultimately the courts.

Of course, a $25 referral fee can’t compete with free which I think results in a loss for all involved.

Read This And Pass the 2010 CT Bar Exam

by Ryan McKeen

The July 2010 Connecticut Bar Exam starts  Wednesday today.

You may be asking who is the Gipper and why should I win it for him? Don’t worry about either of those things. Just continue reading.

It’s  A Connecticut Law Blog tradition to publish this post  before the bar exam.

For the record, I don’t like Notre Dame at all. But if you read this, you’ll have the luck of the Irish when you sit for the exam.

When I was studying for the exam, I got this email from my friend,  Matt Fontaine.  He sent it to a bunch of classmates on the day before the bar exam.

We all passed and now so will you:

Well, boys … I haven’t a thing to say.
Played a great game…all of you. Great game.
I guess we just can’t expect to win ‘em all.
I’m going to tell you something I’ve kept to myself for years –
None of you ever knew George Gipp.
It was long before your time.
But you know what a tradition he is at Notre Dame…
And the last thing he said to me — “Rock,” he said -
“sometime, when the team is up against it — and the
breaks are beating the boys — tell them to go out there
with all they got and win just one for the Gipper…
-  I don’t know where I’ll be then, Rock”, he said – “but
I’ll know about it – and I’ll be happy

On Saving The MDC Trails In West Hartford…

by Ryan McKeen

As a runner who loves West Hartford’s MDC trails the Blonski case is very near and dear to my heart.

Check out an excellent article by MariAnn Gail Brown on the legal issues surrounding the MDC trails. I say there’s a solution. Read the article to find out what it is….. Link.

Two Lawyers Having A Baby

by Ryan McKeen

Soon…as in within the next month, my wife will give birth to our first child. I’m going to be the proud father of a baby girl named                              (Mom, if you hold your right mouse down and scan over the blank space following “named” it will reveal your granddaughter’s name).

Anyhow, we’re both attorneys.  Earlier this week, a lawyer friend, posted the following picture on my facebook wall…..

…..and I haven’t stopped laughing since.

An Exercise In Futility

by Ryan McKeen

Let’s play Jeopardy!

Lawyer:  Alex, I’ll take the “practice of law” for $1,000.

Alex: For $1000 “an exercise in futility”.

YouTube Preview Image

Lawyer: What is asking a pro se litigant to consent to a continuance?

Crushing My Fear Of Failure

by Ryan McKeen

I wrote and published this post on August 5, 2009 and titled it “Overcoming My Fear of Failure“.  In the year since the post, I’ve added “marathoner” to my life resume.  This year, I’m going to run the Hartford Half Marathon again. This October, I’ll walk to the starting line, a changed man both physically and mentally having completed 2 other half marathons and a full marathon. When I lace up, I’ll be seeking a sub 2 hour half this year (a full 18 minutes faster than my time last year).

A lawyer picks up the fear of failure when he signs up for the LSAT. It comes in the LSAT testing materials. Somewhere, there’s a packet that’s addressed to a young lawyer’s ego.  The author of the packet pulls no punches. The memo is one line and reads as follows:

Fail and you’re dead.

The memo is generally placed right before the logic games section.

Since the moment I set foot in law school I was consumed by fear. The fear that I would fail out of school. The fear of mid-terms. The fear of my contracts professor. The fear of finals.

This Sticker Is Framed On My Desk

This Sticker Is Framed On My Desk

The fear of failure continues after the first year of law school. The fear of not making a journal or a moot court team. The fear of not getting a summer clerkship.

After law school it’s the fear of failing the bar. And the fear of not getting a job.

The fear of failure is the most powerful fear of all. It’s so powerful that it makes you work harder.

I recently realized that I’ve held myself back because I so greatly fear failing.

For a number of years, I’ve told friends that one of my goals is to run the Hartford Half Marathon. You see, I’m not a very good runner. The idea of me finishing a half-marathon is absurd. I was one of those kids in middle school who had to walk the mile run.

I’ve done a 10k and several 5ks in my life.  I usually finish about 400 out of 600 runners. My goal is always simple: to finish. I enjoy finishing races because it gives me a sense of pride.

This past spring, I realized that I was as out of shape as I’ve ever been.

In June I started a couch to 5k program on my iPod. The program is designed for someone who isn’t active to run a 5k in 9 weeks. First you start walking and then you gradually start running more and more. At the time, it seemed like a manageable way for me to get back in shape. I had a program and a goal (to run a 5k).

For about a month, I kicked around the idea of registering for the half marathon. I read internet sites about training and even bought a book. The lawyer in me won’t allow me to do anything without first buying a book.

On more than one occassion, I filled out the registration form online and never hit send.

Then one day I got a shirt in the mail.

The shirt reads: “Why Not Us?”

I purchased the shirt at an auction for Curt’s Pitch for ALS. The shirts were originally made by Curt Schilling at the start of the 2004 playoffs for the Red Sox.

The shirt brought a smile to my face. Anything that reminds me of October of 2004 brings a smile to my face.

I sat there with my half marathon book and thought “Why Not Me?”

The answer: I was scared of letting myself fail. What if I signed up and didn’t finish? What if I got injured while training? I was letting my fear getting in the way of my goals.

Why Not Me?

I took the risk and registered.

Fear is part of the DNA of lawyers. To one degree or another we are paid pessimists. We’re trained to think of all that can go wrong with anything and that’s not a bad thing.

The moment I decided to register was the moment that I stopped fearing the race. Fear is not a problem. The problem arises when we can’t turn that fear switch off.

In the words of Curt Schilling, this October, “It’s on…

What’s holding you back?

Some Advice For Those Taking The July 2010 Bar Exam

by Ryan McKeen

Studying for the bar exam is like training for a marathon.  In both cases, hundreds if not thousands of hours are spent preparing for a single event. Both a marathon and the bar exam demand extensive preparation.  And if you don’t properly prepare, you’ll be exposed.

This post assumes you’ve done most of what you need to do (i.e. taking both law school and a bar review course seriously).

Nearly every marathon training program involves tapering before the race. Everyone from elite runners like Ryan Hall to back of the pack runners like Ryan McKeen peak in their training about 3 weeks prior to the race itself. After the peak, the amount of running a marathoner does decreases in increments.

The idea is to get to the starting line of the race with fresh legs. Essentially there’s no benefit to peaking one’s training right before the race. Muscles need time to repair and strengthen before going 26.2 miles.

The same holds true with the bar exam. Rest is a form of training. If you’ve done the work, consider reducing the amount of time that you’re studying in the days leading up to the exam together. Consider taking all of next weekend off. Go to the beach.

Remind yourself that rest is a necessary component for success on your big day and good luck.

Advice On Taking The LSAT

by Ryan McKeen

One of the most frequent questions I get about being a lawyer is:  whether or not attorneys have to show up for jury duty? I’m not sure why I’m asked this but it happens frequently.

The other question I often get comes at this time of year and goes something like this:  I’m planning on taking the LSAT’s this fall. Do you have any advice?

Of course, I have some advice.

First, sign up for a prep course.  Learning how to take the test matters big time. Prep courses are a good place to learn the skills you’ll need for actual test.

Second, do practice questions everyday until your eyes hurt. Make sure you correct your practice tests and understand both why you got answers right and why you got them wrong. When you’re sick of doing practice questions….do more practice questions.

It’s not exactly sexy advice but I think it’s solid advice.

Martha Dean Should Know Better

by Ryan McKeen

I’ve come to expect this kind of thing from the comments section on the Courant. Every article that mentions Ross Garber inevitably results in ignorant comments about how he represented Governor Rowland (not true) and that he’s a scumbag for doing so (also not true).

Worse comments about lawyers occur whenever there’s an article about the Cheshire murders. I’ve never met Tom Ullman but everyone I know who has says great things about him both as a person and as a lawyer.

The public at large is woefully misinformed about the role lawyers play in the administration of justice.  Lawyers everywhere should be concerned when the idea that when a lawyer represents a client he approves of his clients activities.

The rules of professional ethics make it clear that “a lawyer’s representation of a client….does not constitute an endorsement of the client’s political, economic, social or moral views or activities” Rule 1.2(b).

The comment to the rule makes clear its purpose: “legal representation should not be denied to people….whose cause is controversial or the subject of popular disapproval”.

This is important for several reasons. The first is that people are wrongly accused of things all the time and need lawyers who are willing to fight for them. Second, our system is adversarial and based on the notion that the truth comes out when both sides of a case  are vigorously represented. Third, if only the people we liked had access to attorneys then the government could more easily trample on the the rights of individuals. Fourth, good attorneys often prevent bad things from happening by convincing their clients to do the right thing. Representation, even for people we don’t like, serves the greater good.

I was stunned to read the following on Kevin Rennie’s blog about candidates lunch in Fairfield involving the republican candidates for attorney general:

Each was invited to take a few minutes to make a pitch for support. Garber began.  He was followed by Dean, who went on at some length, as is her custom.  She accused Garber of representing corrupt politicians and mobsters.  Dean got her crime bombs confused and even lumped Shelton Mayor Mark Lauretti in with the mobsters.  Link.

According to her campaign website, Dean has practiced law for 22 years.  I expect such comments on the Courant.com. I don’t expect a candidate for Attorney General to advance the idea that attorneys are who they represent for political gain. Such comments are harmful to the profession.

A Lawyer’s Review of Sprint’s HTC EVO 4G

by Ryan McKeen

I’m in love. Before I tell you what I’m in love with, I’m first going to tell you what this review is and what it isn’t.  It isn’t a CNET review.

I’ve read every credible review of my new love and I’m posting links to some the best reviews at the bottom of this post.  

This is a review of a mobile device (calling it a phone misses the point) by a lawyer for lawyers.  This is an unbiased review based on what I’ve read and my experience testing Sprint’s HTC Evo 4g for two weeks.

By way of background, I’m the ABA’s Android Attorney. I reviewed the Motorala Droid for the April 2010 edition of the ABA Journal. I’m the guy in the white shirt.

For what it’s worth, I own and use Sprint’s HTC Hero as my everyday phone. I’ve tested the Motorala Droid for 2 months, have used the iPhone 3G and 3GS, and have some experience with the Palm Pre and various Blackberry Devices. No one is paying me for this review. I received nothing for it.  I informed Sprint that I was looking to review the EVO 4G and they sent me a unit to test for 2 weeks. I have since sent the unit back to Sprint (unfortunately). You are getting my honest and uninfluenced opinion of the phone.

SIZE

The first thing I noticed when I opened the EVO 4G was it’s size. It’s large. Initially, I thought it was too big but those concerns quickly faded as I started using the phone.  Below are some pictures of Evo 4G. You’ll see it placed next to my HTC Hero, a $20 bill, and my iPod Touch to give you some idea of its size in comparison to other devices. The phone will fit neatly into the pocket of a suit coat. Over the course of using the phone for two weeks, the phone did not feel big at all. I came to appreciate the additional size when it came to

HTC Hero (left) EVO 4G (center) iPod Touch (right)

HTC Hero (left) EVO 4G (center) iPod Touch (right)

both typing and web browsing. If you’ve played around with a touch screen before but have found them too small consider putting the EVO 4G in your hands because it just may work for you. The EVO features a 4.3 inch screen which is larger than the iPhone 4 (at 3.5 inches), the HTC Incredible (3.7 inches) and the Nexus One (3.7 inches). If size matters to you….consider marrying the EVO.

Evo 4G

Evo 4G

SPEED

This sucker moves. HTC could have named it the Usain Bolt.  It features a Qualcomm 8650 Snapdragon Processor and 512 mb of RAM (the same as both the Incredible and Nexus One). I did not find any lag whatsoever while using the EVO 4G. Apps opened quickly and everything about the interface felt smooth.  Going back to using my HTC Hero has been difficult after being spoiled by the speed of the EVO 4G.

4G

Sprint’s EVO 4G is the first 4G device to be sold in the United States. 4G networks are the wave of the future when it comes to how we are going to consume wireless data.  4G networks are faster and more sophisticated than 3G networks in terms of speed and data management. In short a 4G network is much more capable of providing faster delivery of multimedia data than a 3G network. Sprint claims its 4G data speeds to be up to 10 times faster than 3G data speeds. From all I’ve read, that claim is possible but in all practicality it’s not what you are going to experience (at least right now) from a 4G network.

For my more technically inclined readers, Sprint’s 4G network offers peak download speeds of more than 10 Mbps and average download speeds of 3-6 Mbps. Whereas 3G offers a peak download speed of up to 3.1 Mbps with average download speeds of 600 kbps to 1.4 Mbps. The bottom line is that 4G should provide more reliably fast download times than 3G.

Right now Sprint is the only carrier offering a 4G network to its users. The problem is that 4G is not available in all markets (for example my market of Hartford).  Sprint currently offers 4G coverage in 32 markets and expects to have 120 million people covered by the end of 2010. Before buying the phone, you may want to check Sprint’s website to see if 4G coverage is available in your area. If 4G coverage is not available in your area your EVO 4G will work on a 3G network.

Since Hartford doesn’t have a 4G network, I decided to take my EVO 4G to Baltimore for the weekend. It just so happened the Red Sox were in town. Sprint launched its 4G network in Baltimore in 2008. I had no problem getting 4G connection in downtown Baltimore. It was fast. The best I can compare it to is using an iPad with a strong wifi connection. Everything downloaded quickly.

Was it 10 times as fast as a 3G connection? I don’t think so but nevertheless it was pretty cool. If you get the EVO 4G keep in mind that 4G is still in its infancy. While I had no problem getting 4G service in downtown Baltimore, I could not get a signal at BWI (about 15 minutes outside of the city). At the end of the day, when you buy an EVO 4G at least you can rest assured that your phone will have the capability to access an ever expanding 4G network.

MOBILE HOTSPOT

One of the features that I think sets the EVO 4G apart from its competitors and makes it the ultimate lawyerly phone is that it can be used as a MiFi hotspot.  What does that mean? That means the EVO 4G receives a signal from Sprint’s 3G/4G network and is capable of sharing the wealth with up to 8 WiFi enabled devices. Imagine you’re in court with co-counsel and you do not have access to a WiFi network.  You and co-counsel on a case want to use laptops at counsel table during trial. So long as your EVO 4G is able to access Sprint’s network you can surf the internet on your laptops making it a lot easier to search legal databases.

I had no problem connecting both my laptop and iPod Touch to the EVO 4G’s MiFi hotspot. Best of all for lawyers, the signal is password protected meaning that only users with your password can sign onto your hotspot. It’s pretty cool. Keep in mind that if you want to use your EVO as a MiFi hotspot it is going to cost you an additional $29.99 a month.

SECURITY

Ethics rules and common sense require lawyers to be very careful with data. Smartphones have the potential to store a lot of sensitive data. The EVO 4G has several strong security features. First it is possible to remotely wipe the phone which cleans data off the device and returns it to factory settings. Perhaps as importantly, it offers local wipe.  When someone incorrectly enters the PIN a set number of times (as established by the user), then it will reset and return to factory settings. It offers different levels of security for user name/password enforcement, configuration, and  authentification. For corporate liable devices, it offers administrative controls so the firm can manage what type of access each employee has on their device (certain features, applications and data).

CAMERA

One of the features that matters most to me in my day to day practice is a good camera. In my practice, I never know when I’m going to need a camera. Whether it’s witnessing something unexpected or documenting the condition of a person or thing – a good camera is essential to my practice. That’s why when the iPhone 4 was announced with a 5 megapixel camera, I was underwhelmed. The EVO 4G comes with an 8 megapixel camera with auto focus and dual flash. Here are 3 unedited pictures taken from the same place within a minute of each other from different cameras:

Sony Coolpix 12.1 MP

Sony Coolpix 12.1 mp

Evo 4Gs 8 MP Camera

Evo 4G's 8 MP Camera

From the HTC Heros 5mp Camera (same megapixels as the iPhone 4)

From the HTC Hero's 5mp Camera (same megapixels as the iPhone 4)

The EVO 4G ships with an 8GB MicroSD card which can be upgraded to a 32GB MicroSD card. I found it easy to both remove and insert the MicroSD card from the back of the phone.

NAVIGATION

The practice of law often involves travel. I’m all over the state.  Whether it’s court in New Haven, a deposition in Bridgeport, meeting with a client in Salisbury, or attending a hearing in Norwich, I’m often on the go. The EVO 4G comes preloaded with Sprint Navigation which provides turn by turn GPS. Google Maps also does the same thing. Both of which are useful. If I need a place to grab lunch when I’m on the go, I find the Google Places app to find a restaurant in my area.

BATTERY

Many of the reviews that I’ve read are critical of the battery life on this phone. A few things here, when I reviewed the Motorola Droid, I couldn’t kill the battery no matter what I did. Another guy I know with the Droid said the same thing. Other people have told me they’ve had nothing but issues with the Droid battery.  Reviews online reflect the same “split of authority”.

I learned that it’s likely not all batteries are created equal. I had no problem getting through a day of use of the EVO on a single charge. I was able to get and send email, surf the web, make some calls, send some text messages, and use some apps without killing the battery.

That said, if you want to make full use of the phone’s GPS features, I suggest that you purchase a car charger for your phone. Any app that is data heavy like Pandora will drain the battery pretty quickly. You can also purchase a second battery for the phone in the event that you do a lot of travel and may be away from a power outlet for some time.

Changing the battery is easy and can be accomplished by popping off the back of the phone. No genius needed. Using 4G was a drain on my battery to the point that the phone started getting hot in my hand. I’m not sure why this happened but it did for me. The EVO comes with a Wifi like option to stop the phone from searching for a 4G signal.

In the final analysis, I wouldn’t let the battery life on this phone deter me from purchasing it. The good outweighs the bad but if you’re a heavy user and frequent traveler consider purchasing a second battery and car charger. That way you’ll get the most out of your phone.

VIDEO CONFERENCING

Are you on the go and don’t have time for a face to face meeting? The EVO 4G has you covered. It comes with a 1.3 megapixel front facing camera.  This allows you to make video calls using a free app called Qik. I gave it a spin and called my Dad’s skype number. We were able to see each other with no problems.  I’m not sure how much I’d use the feature in practice but at least it’s an option.

THE SOFTWARE

The EVO ships with Android’s 2.1 software.   Sprint has confirmed that the EVO will be receive a Froyo (Android 2.2)  update in the near future.  The biggest advantage to Froyo is that it should make the EVO even faster.

In terms of your law practice, Froyo promises enhanced security and will be easier to plug into exchange servers, sync calendars and email accounts, and allow firms to set security policies.

From all I’ve read Froyo is a significant improvement over 2.1 and one of my largest criticisms of the phone is that it did not ship with Android’s most advanced operating system.  The EVO is the premier Android phone on the market right now, it’s super powered in every way, except it’s operating system.  It’s kind of like  signing Lance Armstrong to race for your team and giving him an older model bike.

CALL QUALITY

That’s right, it’s a phone too. The call quality was excellent.  I had no problems hearing anyone and everyone I spoke with said my voice came across clearly. I did not experience any dropped calls while I had the phone.

APPS

Yes there’s an app for that….except Farmville.  The Android Marketplace presently has over 70,000 apps and growing.  Plus Android Marketplace gives you access to the latest and greatest Google Apps. Google has made some outstanding mobile applications and I expect this to continue.

HARDWARE

I liked the kickstand on back of the phone a lot more than I thought I would.  I found myself frequently using it while sitting at my desk. It also turned the phone into a fully functional alarm clock when I was in Baltimore.  I was surprised by how useful I found the kickstand to be.

Overall the phone felt sturdy in my hands unlike the HTC Hero.  The phone is also very thin which I found to be a plus.

PLANS

The EVO 4G requires a Premium Data add-on of $10 a month. Sprint says this is so “customers to take advantage of a richer data experience on HTC EVO 4G than ever before at both 3G and 4G speeds.”

Even with the $10 a month data plan, Sprints data plans are still less expensive than their competitors comparable plans.  For business users, Sprint tells me that the best plans are as follows:

  • 200 voice minutes — $59.99/month
  • 450 minutes — $69.99/month
  • 900 minutes — $89.99/month
  • 1350 minutes — $109.99/month
  • 2000 minutes – $129.99/month
  • 4000 minutes — $179.99/month

The $10 premium data charge is in addition to the prices quoted above.  For example, 450 minutes of voice calling, will cost you $79.99 a month. Keep in mind that Sprint’s data plans include the following:

  • Any Mobile, Anytime: Unlimited domestic calls from the Sprint network to and from ANY U.S. mobile phone regardless of carrier. Any network, any time.
  • Unlimited data on our network: Web surfing, email, GPS Navigation, Sprint TV and Radio, NASCAR Sprint Cup Mobile
  • Unlimited messaging: Text, pictures and video

Considering all this phone does and all the data plan includes, while not cheap, the plans are reasonably priced.

CONCLUSION

The EVO 4G is already the creme de la creme of mobile devices for attorneys and when it gets the Froyo update it’ll be even better.  It’s truly a cutting edge device.  If I were in the market for a new phone right now I would buy an EVO 4G.

I give it a 4.5 out of 5 stars. If the battery life were a little better, it shipped with Froyo, and I didn’t have to pay an additional $10 per month for “premium data” which in Hartford gives me the same service as my data plan for the HTC Hero – I’d give it a 5 out of 5.

With a two year contract, the EVO costs $199.

Useful reviews:

  • CNET: 4 out of 5 stars
  • Engadget: “….truly one of the best smartphones ever made…”
  • Gizmodo:  ”If you want the biggest, brawniest, most ridiculously muscular phone you can buy, it’s the Evo.
  • PC Mag: 4 out of 5 stars (reviewer didn’t like the call quality)
  • Gizmodo Chart: Compares the EVO with the iPhone 4, Droid Incredible, and Nexus One.

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This blog is NOT legal advice. MyFreeCopyright.com Registered & Protected Creative Commons License
www.aconnecticutlawblog.com by Ryan C. McKeen, Esq. is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.

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Housekeeping

I'd like to thank you for reading this blog, my firm for supporting my blogging efforts, and my team of editors (my mom) for correcting some of my mistakes. I get a number of requests to add blogs to my blogroll. I have no problem doing this if I like your blog. By like I mean, I do not add links from ads that pose as blogs. Thanks again. I hope you enjoy my efforts.

 

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