The Wit & Wisdon
of
$olo Contendere
“Your greatest source of trouble will almost always be the client, and it may not be the client’s fault.”
“While you must have confidence in your own judgment and ability, do not underestimate the vastness of the law, the complexity of practice, or the fallibility of your own judgment.”
“Conflicts of interest are like poisonous snakes. We know to avoid them at all costs, but we know only vaguely what they look like.”
“Many of the ethical or legal problems that confront attorneys would have been avoided if the attorneys had paid closer attention to their files.”
“The well-prepared cold call is the most efficient way to get business from lawyers. Just be ready to handle rejection.”
“Keep a box of thank you notes by your desk. Use them for any appropriate occasion. Even create occasions to use them!”
“Do not be embarrassed to question other lawyers or the court clerk or a court officer. It is better to plead ignorance to a colleague than to demonstrate it in front of a client.”
“Lawyers are not like plastic surgeons who’ve patented a new procedure. We gladly share our trade secrets with colleagues. Take advantage of that!”
“The judge’s name is “Your Honor...”
“Your best and your worst experiences as a lawyer will almost certainly involve clients. Therefore, choose your clients carefully.”
“Revealing a client’s identity or discussing a client’s legal matters with others are excellent ways to lose a client, lose the respect of your peers, and maybe lose a lawsuit.”
“In criminal cases,...there is a general rule: Make sure that your first payment, the one you must receive before you will go on record as counsel, is sufficiently large that you will not kick yourself if that’s s all you are ever paid.”
“If a client owes you a small amount of money, walk away from the debt, and be thankful that the lesson was not more expensive. If the client owes you a lot of money, figure out what you did wrong.”
GOING SOLO AS A NEW LAWYER ISN'T EASY,
BUT NEITHER WAS LAW SCHOOL
AND THIS IS A LOT MORE FUN
Some thirty years ago, Marc D. Garfinkle had just been graduated from Hastings and had passed the California Bar exam. He loved San Francisco. He loved the law. And he loved his independence. But he was broke.
Already holding down one part time jobs as a private investigator and another one teaching and lecturing, Marc figured he only needed a few hours at lawyer’s rates to bridge the weekly gap and make a survival income. A year earlier, he had been going door-to-door in San Francisco’s worst neighborhoods selling fire alarms. Now, he would try to sell his legal services to lawyers and “civilians” alike. He started with the lawyers. Knocking on doors. Making new friends. Then, somehow, while no one was looking, a practice grew.
Today, Marc Garfinkle is a civil and criminal trial lawyer with over thirty years of experience. He is Adjunct Professor of Persuasion and Advocacy at Seton Hall University School of Law and is on the teaching faculty of the National Institute for Trial Advocacy (NITA). He is a member of Phi Beta Kappa (Marietta College), the National Association of Criminal Defense Lawyers, the American Association for Justice (formerly American Trial Lawyers’ Association), and the Association for Continuing Legal Education (ACLEA).
Marc is a past Chair of the New Jersey Supreme Court District VB Attorney Ethics Committee, and is the Public Defender in Livingston, NJ. In addition to “$olo Contendere,” Marc has written the popular, ”Hip-Pocket Guide to Testifying in Court,” and the “New Lawyer’s Hip-Pocket Guide to Appearing in Court.” He has written numerous law-related articles and is a frequent guest on radio and television, particularly in French or Haitian Creole, serving under-represented immigrant communities in New Jersey.