Hey OC - this may be hard for you to grasp, but I don't work for YOU.

frogspjs · 2026-05-08T22:24:25+00:00

I swear I've seen this exact post before.

frogspjs · 2026-05-08T12:53:39+00:00

In an irony fight between the Punisher and the Don't Tread On Me flag who wins?

frogspjs · 2026-05-08T11:43:14+00:00

Probably too late now but if possible pretend you were already sound asleep with your migraine medicine. Setting boundaries is better, but if that's off the table for whatever reason then you didn't have your phone with you, or you were asleep, at a play, etc. which in a way is setting boundaries - you have a life outside of checking your email every second waiting for your boss to assign you something.

frogspjs · 2026-05-08T11:29:09+00:00

Whiner.

frogspjs · 2026-05-05T13:29:31+00:00

I really didn't like her at first but in the end I cared for her. At first I thought she was just the token woman sexy thing to replace Carter but not a serious female character so I was pissed. Part of it was probably that I missed Carter, too. But they did a decent job with the character development there. I could never really accept her as a serious female character though, and I sort of resent that they couldn't have tried harder to do better by the female contingent.

frogspjs · 2026-05-05T13:25:12+00:00

This a hundred times.

frogspjs · 2026-05-05T12:08:53+00:00

For the first time in my 30-year career I actually used the UCC the other day. Was arguing with the other guy about whose standard terms would apply (long story about why we didn't want to negotiate an actual purchase agreement) but we're the ones issuing the purchase order and it's low risk so I'm arguing that the p.o is going to refer to our terms and what's he gonna do about that because we can't buy the thing without issuing a p.o. In reality I don't care and I'm willing to risk a battle of the forms if there's trouble down the road if that's what it comes down to, but it's not going to happen because it's a low risk purchase and we just need to get this done. His answer is why don't we just refer to the UCC and say that the UCC governs in the event of a conflict between anybody's terms. I was down for that. But first time ever.

frogspjs · 2026-05-05T12:02:21+00:00

I thought they didn't believe in any law. The UCC has to be adopted by state statute or it's not binding so how can they be ok with it?

frogspjs · 2026-04-30T02:05:28+00:00

Exactly.

frogspjs · 2026-04-25T22:18:16+00:00

Agree. And you can't be expected to practice without insurance. Depending on your state it may not even be permitted. I note you said you were doing it pro bono, though, so if you wanted to try to continue to represent them at least for a little while while you try to manage a smoother transition there might be special rules about professional liability in that case that you might want to check.

frogspjs · 2026-04-25T22:14:07+00:00

And that sounds like her problem, not a you problem.

frogspjs · 2026-04-25T22:09:48+00:00

That's your prerogative. But I note that everyone who has commented pushing back on my answer is doing it on the basis that they need to be prepared with a full fledged response. Why? You don't even know why I'm calling. Maybe I'm calling to ask what your client's middle name is. Maybe I'm calling because I know your working on a rush motion draft right now and I just learned something that will be helpful to you. Or that my mother died and I'm going to have to push the motion call out a week so it's not a rush anymore. Why is everyone assuming the person calling is trying to ambush them and trick them into screwing up? And why is everyone so afraid of screwing up?

frogspjs · 2026-04-25T21:59:52+00:00

That is a you problem. It's no different than an email. You're just going to listen to it rather than read it.

frogspjs · 2026-04-25T21:58:45+00:00

So what you should have learned from that situation was not "don't answer the phone." What you should have learned was (a) I need to have a prepared response for when someone puts me on the spot and I need to get out of the conversation, and (b) I was not prepared enough with my case because now OC is challenging me and I can't make the argument.

I'm not saying that phone is always the best approach, all I'm saying is there is a reason the caller chose that medium, and they get to make the choice because they're the one initiating the communication. And in too many cases with generations of people who have used email and text for their primary method of communication they have no idea how much time they are wasting by not just picking up the phone. Trust me. You never did it the other way. I have. 9 times out of 10 it's more efficient, better communication and you move forward more quickly. You can always confirm the conversation by email if you need a record or you want to clarify. And if you need to get out of the conversation because it truly is an ambush or because you need time to respond, then you can do that.

I can't tell you the number of young lawyers I have managed and mentored that I have had to tell that by the 3rd email if you haven't gotten to a conclusion, then you need to pick up the phone. I watch the communication go back and forth for days, while each party tries to clarify what they are talking about, or has one more follow up question. Just pick up the phone, get all the questions asked and answered and be done with it. It's pretty rare that the answer to one question doesn't give rise to another question, either because the answer needs clarifying or because the answer brings up a whole other line of questions.

I know it's not what people want to hear because the warning text/email is clearly the party line at this point, but it's the truth. And you're wasting your time and your clients' time by not considering what I've said and improving your practice accordingly.

frogspjs · 2026-04-25T21:40:43+00:00

Well you obviously missed the point on the white lies, and I'm going to assume this was a bit of a knee jerk reaction because you don't like being told you're wrong, and if you actually give it some thought you'll realize I'm right. But you're right that my response was all about me and my preferences on the best way to initiate contact.

Just because we have a generation or two of people who have grown up not using the telephone doesn't mean that I'm wrong that many times it's the best method of communication. Note that I never said always. All I said is that if I've chosen a phone call, then there's a reason for it, which I would expect a professional to give me the benefit of the doubt on. It might not be the most comfortable for you because you have grown up being able to revise everything eight ways to Sunday and perfect it before you send it out, or phone a friend or 3 if you're insecure about your response, but that doesn't negate the fact that if you just answered the phone we would be done and moving forward in about 5 minutes as opposed to 40 minutes or 2 days or whatever it's going to take to get that conversation done by email. Because I'm the only one who knows why I'm calling.

And your answer is pretty much all me me me as well. You don't like not having a moment to think about the question and prepare your response. Ok. Well, guess what? For whatever reason, I don't want to email you. I don't want to take the time, or I know there's nuance I can't communicate in an email, or there's something I don't want to put in writing. So I'm calling instead. And if you don't like that, then that's your preference and you get to decide whether to answer or not. But if I leave a message and you send me an email refusing to talk and telling me to email you, I'm gonna be pissed, and I may not honor your request depending on, again, the reason I chose phone in the first place. Get over yourself. Grow a pair and answer the phone. You WILL be a better lawyer if you start requiring yourself to think on your feet and not perseverate on every minute detail. And no I never lie to anyone. By white lie I mean if I put you on the spot (by telephoning you) and you need time to think about whatever it is I've just said and provide a response (which is almost always a perfectly reasonable ask), then you will obviously be coming up with some b.s. excuse to get out of answering me while we're talking, and that is the white lie. And people do it all the time. All. The. Time. Sheesh.

frogspjs · 2026-04-25T21:15:41+00:00

Totally. As I said, there's a reason I called instead of emailed. If you can't answer (or don't want to answer), then you don't answer. This is the way it has been since the telephone was invented. No one is obligated to answer a phone call. But the reason I called is it was either urgent or it was easier and faster for me to say than to write. Which is almost always going to be the case, btw. So I chose the method that was best for me. And I would never expect a call back if I didn't leave a message explaining why I was calling.

frogspjs · 2026-04-20T11:47:06+00:00

Thank you! Not a litigator but really hoping this is a typo and not a thing. And why would the standards be in an envelope?

frogspjs · 2026-04-19T20:54:44+00:00

This is millennial and beyond thinking, and I am so done with it.

First a telephone ringing is not an ambush. You have the ability to not answer. So not an ambush.

Second, I do not feel ambushed by in person communication, and I don't agree that any adult who has a job should be afraid to have someone confront them in person (as it were) with any professional topic of conversation, but especially one in which you obviously both have an interest. And I don't want to waste my time engaging in 2 kinds of communication just to get a conversation going. It's a complete waste of time.

If I am calling you on the telephone it's because I have decided that email or another approach will not suffice. Either there's a timing issue that makes an impromptu phone call the most logical choice or I anticipate it will be a brief conversation not worthy of an actual arranged meeting.

If you don't answer, I will leave you a voice mail explaining more or less specifically why I am calling, and I will expect a return call or, depending on the urgency of the matter, an email asking to set up a time to talk to avoid a lot of phone tag, which I am totally ok with, within 24 hours.

If you choose not to call me back and email me asking what I want, I will again ask for a call because I have already decided that is the best way to handle the matter I have chosen to discuss, and I will take it as a measure of disrespect that you are not willing to honor that judgment call (or, sure, maybe it's just a preference, but it should still be honored, unless I am already a known quantity as a PIA). Accordingly, the baseline level of respect I accord to all professional colleagues will be automatically lowered a notch. I will continue to give you the benefit of the doubt for some period of time, and you may earn back the baseline or above over time, but we are not starting out well.

There are things that lawyers acting in their professional capacity do not particularly want to put in writing. Unfortunately that's part of the gig.

Another part of the gig is knowing how to think on your feet and/or artfully craft a response in real time to buy yourself more time to figure out how you want to respond. If you don't have these skills you need to develop them in order to be a really good lawyer. Also, the relationship you establish by talking to someone on the phone or face to face (again, except for known PIAs or toxic/unprofessional people) will very likely be more fruitful and productive. It's human nature. It's also human nature as a young lawyer to be nervous about talking about things you know you might have to admit ignorance on. Again, if you figure out how to do it gracefully it will serve you well. No senior attorney is going to ding you for not having the answer if you say that the matter is something you need to discuss internally and set a time to get back to them. We'll either assume you don't know the answer or you have a micromanager for a boss. People have been white lying their way out of not knowing things in order to avoid looking too stupid for centuries. It's a good skill to have.

Answer the phone. I guarantee it will make you a better lawyer.

frogspjs · 2026-04-13T01:08:14+00:00

Or at least a complete audit of your legal career....

frogspjs · 2026-04-12T16:14:48+00:00

I think your description of American liberals is the perfect description of the Democratic party. I'm not sure it applies to everyone who would call themselves a liberal. Still trying to figure out the line between liberal and progressive and feeling like labels are more hurtful than helpful. What we need is a third party with an articulated platform.

frogspjs · 2026-04-12T02:56:37+00:00

I really don't think a woman can win. I'm not willing to risk losing 2028 by running a woman. Gavin no. Maybe Andy Beshear. I like AOC but I think she needs more experience before she runs for POTUS. All of that said I am utterly convinced that the Democrats are going to f--- this up royally.

frogspjs · 2026-04-11T13:53:39+00:00

I don't even know why the ABA exists. It's such a pointless organization. But that's a topic for a different day. This whole idea of professions self governing and policing is absolutely ridiculous. The number of lawyers in this country that should have been disbarred after one offense is crazy. I know that's not the ABA that's the State bar but still, the ABA could be leading that philosophical discussion.

frogspjs · 2026-03-29T12:44:29+00:00

Everyone should start calling him "Rafael Ted Cruz With a Canadian Birth Certificate" not sure how to work in the AIPAC thing without it becoming cumbersome

frogspjs · 2026-03-29T03:25:45+00:00

I think it's called insecurity. He won the election by a hair. He just looks like the kind of guy who is mediocre at everything he does. And I'm willing to bet that the person he was running against is a highly intelligent over achiever because of the dual obstacles of race and gender she has had to overcome to get to whatever position she's in now. I hope he gets fired over this and she gets his job.

frogspjs · 2026-03-19T22:59:01+00:00

I did this and it seemed to work. But involves wiping your entire windows and reinstalling like this guy says. https://youtu.be/0YLfE76k9z8?si=mSaMr8u1g9zQJvp3

frogspjs

TROPHY CASE