Fall 2014

Ok. I admit it...I came to law school as an older student. So, sue me...wait, that was probably not the right choice of words. When I came to TJSL I thought, like most, that I knew what I was getting into and that I had mentally prepared for the rigors of the “1L of a year.” (By Professor Leah Christensen, if you are wondering).

When I came to law school and, frankly, didn’t do well the first year. I was somewhat blindsided by the amount of work and the speed at which we work. Now, I am used to it and even good at it.

So, what does a guy who is down on the entire law school experience do to make himself stay in the game? If you’re like me, consider this your “how to” article of the month and listen up. I did three specific things:

1. Get an Internship. I met my boss, friend, and mentor at a Criminal Law Fellows forum when he was giving a talk on the type of law he practices. I was struck by how frank he was about his law school education and his honesty and truthfulness. He sounded like he actually cared about law students as colleagues. We were more than just an audience to him. So, I went up to him after and gave him my card. We chatted a few times, and he offered me a job in his firm as a law clerk. Nothing has been better for my psyche than working in the field. Practice is much different than what we endure in law school. It is much more organic, collaborative, and interesting than the endless reading, outlining, and studying we get at school.

2. Find Your Niche. I found something I enjoy and that I am good at. I love to give oral arguments. No, really, I love it. If I could be in court for the rest of my career, I would. I am also good at it. I had a fair amount of experience with public speaking before law school, which helped, but I have really expanded my ability and skills in this area. I also found that my first real law school success was in an oral argument class. This was the next great boost to my confidence. The point of finding something you enjoy, and are also good at, lies within allowing yourself to be good at something. I was, obviously, not good at taking essay examinations. Then, I took an oral argument class and was embarrassed by what the professor had to say after each time I argued. I did, however, hear the things he had to say and took them to heart. He had a ton of really important experience and was praising my performance. Now, I try to take at least one oral argument class per semester, if I can. It’s my way of having a splash of good in between all the bad (so to speak).

3. Meet colleagues in the field, befriend them, and develop professional relationships. Doing this, allowed me to gain valuable perspective on what life in the law will be like after school and the bar. This perspective is great for me because I know that the job will be difficult and challenging, but equally as rewarding and valuable to the success in my future. It’s true that law school can be viewed by some as a three year hazing to get into the bar, and meeting people in the industry, on top of all that we do, can be daunting for some, and intimidating for others. However, I truly feel that making these friendships has really helped me see that my life after law school will be different from the life I live while in law school. It gives me hope and rejuvenates my faith that I am in the right place.

These three things were the keys that kept me here. Well, honestly, it was also my wife reminding me that we left our careers, rented our house, and couldn’t go back, so I had no choice but to move forward. But it was, mostly, these three things that made me find my pace at law school after a jarring beginning, and looking forward to a very stressful second year of school while being on academic probation.

Listen, the things we do are undoubtedly hard. We will all agree on that. My point here is, find what will make you take on the challenge and stay in the game that we call law school –and conquer it every day. There is no substitute for your motivation being extraordinary and your drive to succeed being high. The process all comes down to you versus you.

Celebrities, superheroes, wild animals and imagination descended upon the Hard Rock Hotel for SBA’s annual Halloween gala on Friday, October 24th. It was certainly a successful event and fundraiser for SBA’s Barrister’s Ball in February 2015. SBA ensured that students and alumni received VIP treatment by supplying partygoers with an hour long open bar and an awesome reserved space, which paved the way for some seriously sensational dancing throughout the evening. In summary, the atmosphere was aphrodisiacal, the costumes were memorable, and the event was magical.

WHAT WAS SPOOKTACULAR: OPEN BAR Oh my! What a brilliant idea. I heard that one forward-thinking student ordered four gin and tonics, and didn't have to pay for a drink for the rest of the night. #protipsyallz. Let’s be honest, we needed a night to relax and de-stress, and this was a nice touch to our broken law-school wallets.

COSTUMES Glittery unicorns? CHECK. A Rastaman, Fight Club members, Green Ivy, sassy detectives and Caribbean pirates? YUP. Kitty cats, and their pot- bellied animal control chasers? AFFIRMATIVE. It was nothing short of brilliant imaginations coming together for a night of pretending to be your inner- superhero, nerd, cowboy, or creepy Halloween victim.

LOCATION, LOCATION, LOCATION The venue was located in the heart of San Diego’s Gaslamp District, a mere 6 blocks from the TJSL campus. No cabs or Uber necessary for downtown TJ students! Safe and cheap, just the way we like it!

WHAT WAS NOT SPOOKTACULAR: DJ'S PLAYING THE SAME MUSIC While TJSL's very own DJ Kenya “murdered” the dance floor with her eclectic beats, some sources confirmed that the DJ's musical decisions were questionable. But even if so, its more likely that DJ Kenya's performance was so life-altering that any follow-up performance, be it Tiesto or Pauly D, would have been a letdown.

FIGHTS Innocent until proven guilty! Oy. C’mon, we’re better than that!

The jury deliberated and the verdict is in: SBA knows how to throw an incendiary Halloween party. For those who know, the result was as expected. Many thanks to TJSL’s SBA for organizing and coordinating an exquisite evening of supernatural mania.

Every young professional knows the importance of growing a personal network. We’ve undoubtedly read the science that says: the secret to getting the job you want is through networking. We’ve heard it from professionals, professors, and faculty. WE KNOW! But we still hate it. At least, I still hate it. I thought by this point in my life, I would be able to converse comfortably with any person at any time. Usually I can... except when I am surrounded by people who are infinitely more successful than I presently am.

Before law school I was in a sorority, worked in banking, politics, and sales. You would think I would be a seasoned pro at this networking game by now, but I’m not. Maybe it’s my introverted nature, but I just do not thrive well in large, party-type environments; this is part of the reason I avoid networking events. However, it’s a necessary evil for those who want to make it to the top. Here are some of the tips I’ve learned to use to get through networking events:

Repeat the last three words back to the person. This sounds weird and if not used properly, it can come across incredibly awkward. The trick is to weave that person’s last three words into a sentence or question. It’s a way to show that you are actively listening and taking note of what they are saying. It also helps you to figure out what kind of follow up questions to ask. For example, if the last thing the person says is, “I love taking my dog on my runs.” Your response would be something like: “Really? Where do you take your dog to?” or “What kind of runs do you take your dog on?” This way you can show that you are listening.

Ask questions about them – more than just what they do and listen so you can ask follow up questions. Going to networking events will mean that you will tell many people many times your name, occupation, where you are from, where you went to school, etc. Although, those questions are all fine introductory conversation starters, but it’s important – especially when meeting someone who is more advanced in his or her career than you – to ask deeper questions. For example, you can ask questions like, “What made you want to get into this field?” or “How did you end up as a _____.”

The more you get people to talk about themselves the better that person is going to feel, and then the conversation will become more fluid. Everyone loves to tell their stories, and most people want to impart advice to young professionals. So, ask questions, but try to make them count.

When people join your conversation group, introduce the new member to the person you are speaking to. I feel like this tip is just polite and good practice. I don’t like to leave the new addition standing there quietly, feeling awkward, so I always try to make the introduction quickly.

Usually, I’ll say something like, “Have you met Attorney Smith? He practices _____ in La Jolla.” It makes the attorney or whomever I am speaking with feel like they are important, which is also a good move when trying to build relationships, and it allows the new person to feel welcomed into the conversation.

Introducing new people to the group is also a solid way to get out of the conversation, so you can meet more people. You should never want to leave someone stranded; it’s uncomfortable for all parties involved. So, when someone joins the group, it’s a perfect time to politely excuse yourself to do more mingling.

S-O-F-T-E-N. I learned this in my sorority days. It’s a mnemonic that stands for “Smile, Open Posture, Forward Lean, Touch, Eye Contact, and Nod.” We taught this to girls during recruitment to help them make small talk with potential members. It’s essentially a way to encourage active listening and to make sure you are sending out positive body language. I think the most important part to remember is to smile and NEVER cross your arms.

When a person crosses his or her arms it subconsciously tells others that you don’t want to speak to them. If you have empty hands, don’t fiddle with them, but casually drape them in front of your body or behind your back. If you’re a man, try putting one hand in your pocket. Having positive body language is an easy way to make you seem approachable to those around you.

Always have a beverage in your LEFT hand. I am a fiddler, so for me, I need to have something in my hands or I will fidget and look nervous and as uncomfortable as I feel. To stop myself from fiddling, I always have a drink in my left hand. Always try to keep your right hand empty and dry, so you are always ready to shake hands with whomever you may approach.

Networking, like all things takes practice. The more you do it the more you will come to recognize people at events and feel comfortable going up to them. The key is to jump in feet first and just do it. At the very least, get excited for the free food.

As law students, we are part of a different community and that different community has standards. We are preparing to enter the legal field and that means our wardrobe has to follow us to this next stage in our lives. This article is meant to be a guide for those of us (myself included) who sometimes forget, or prefer, to sport a not-so-professional look while at school. I am an advocate for bum-status-wear, you all know what I mean: sweats or yoga pants and comfy t- shirts. But those looks should be rocked when appropriate.

For the most part, we need to be more conscious of what we wear, especially when there are at school functions, such as guest panels. Not only is our attire a reflection of who we are as individuals, it also speaks to the reputation of our school. Like it or not, we are representatives of the school too. A good tip I have found handy is to plan ahead. Let's face it, we live on a schedule now, and we have to mark our calendars for everything and anything. Pick out your clothes the night before, or if you are super organized, have your week set out. Just in case you happen to forget an event, keeping a pair of professional shoes and a blazer in your car could be a lifesaver. Your new golden rule should be: if by throwing on a blazer and dress shoes, I still can't look business casual, then I should save that outfit for the weekend.

I volunteered at the National Association of Women Judges (NAWJ) a few weekends ago. The guest speaker was Supreme Court Justice, Sonia Sotomayor.

One of the topics discussed by the guest panel of judges was the work attire of younger attorneys appearing before the courts. Justice Sotomayor spoke of how much easier it is to criticize than to give advice. She said that as fellow colleagues we should help each other out. She gave an example of how some female attorneys wear shirts far too low cut.

She also pointed out that her male counterparts had much more to say about what some of the male attorneys wear to court. We have to be cognizant of our futures and have to dress the part. How would you react if your potential future employer walked into the school tomorrow and met you in sweats and a t-shirt?

"Tick-tock”, singer Kesha has decided to file a lawsuit against her producer Lasz Gottwald (Dr. Luke), who has produced several chart-topping hits for Pink, Katy Perry and Kelly Clarkson. Born Kesha Rose Sebert, she is most known for her hits, such as “Your Love is My Drug” and “Blow.” But recently Kesha has made allegations against Dr. Luke for abusing her sexually, emotionally, verbally and physically since she was 18 years old. The lawsuit for the sexual assault and battery claims were filed on October 14th in Los Angeles Superior Court.

In the beginning, many would say the pair was a hit-making match-made in heaven to the mainstream public. But behind closed doors, Kesha alleges it was the total opposite. The lawsuit claims that Dr. Luke, 41, coerced her into taking drugs and made sexual advances to her while she was under the influence of drugs and alcohol. In addition, she alleges that he gave her a “date-rape” drug in order to take advantage of her when they were traveling. He also allegedly made threats to destroy her, by ending her career, if she ever uttered the incidents to anyone.

Kesha recently completed a rehabilitation program for the eating disorder, bulimia, where she states that Dr. Luke’s constant criticism and influence over her life was a contributing factor to her illness. Although her music has been popular in the last few years, one cannot help but to think that a dark aura lies beneath her Kesha’s “grunge-tastic” appearance. Some would say her appearance and antics were even reckless. However, most critics just attributed this behavior to her attempts to convey a particular image as an entertainer.

On October 20th, Dr. Luke filed a countersuit to state the singer’s claims as false. "These are allegations that Kesha and [her mother] Pebe, have themselves admitted are false," Dr. Luke's lawyer told FOX411 that "The complaint [filed on behalf of Dr. Luke] explains that Kesha, and her mother Pebe, have wielded these defamatory statements in an attempt to extort Gottwald into releasing Kesha from her exclusive recording agreement with Dr. Luke."

In response, Kesha’s lawyer, Mark Geragos, told FOX411 in a statement: "This is just another pathetic and entirely predictable example of Dr. Luke’s continued abuse, and a misguided attempt to keep Kesha under his tyrannical control...Kesha is focused on reclaiming her voice and her freedom. She is determined to move on with her life and her career by putting this dark period behind her."

For those who have seen the movie Glitter, this situation is all too similar. The film is about a volatile music relationship, between character Billie (played by Grammy Award winning singer Mariah Carey) and her character’s music producer, Dice. Problems arise between the singer and her producer in the midst of her rising fame and fortune, which eventually led to their downfall. Although, in the film there were not many scenes of a harsh abuse, it does trail the alleged factual enactments described by singer Kesha. As a young singer, Kesha was eager to have a promising and fruitful relationship through music, but she fell hard after her producer, the one person to look out for her interests, negatively impacted her professionally and personally. The rivalry has taken a turn for the worse. What was once a magic music duo has now turned into a bitter betrayal for both parties involved.

“In the criminal justice system, sexually based offenses are considered especially heinous. In New York City, the dedicated detectives who investigate these vicious felonies are members of an elite squad known as the Special Victims Unit. These are their stories” Law and Order: Special Victims Unit (1999-2014).

In case you are too young, live under a rock, or perhaps really dislike Mariska Hargitay, these opening lines from one of the longest running criminal procedural shows also happen to be the subject of California’s most recent addition to the Higher Education Act of 1965. Around the same time college campuses across the country officially began their Fall Terms, a United States legislature actually got something signed into law. SB- 967 (colloquially known as “Yes Means Yes”) was passed in late September requiring all universities, community colleges, and graduate schools to implement new standards to their rules governing sexual assault between students. It added an affirmative consent standard to the existing educational code.

Detectives, Olivia Benson (Mariska Hargitay) and Elliot Stabler, take the victim’s statement and immediately proceed to the school where the alleged assault took place. The first questions asked are of what information the school’s investigation has turned up, and why the alleged assault was not reported to the police immediately following the allegation. Many times the school’s response is extremely defensive, and if an investigation is even taking place, the answers to both questions are usually one and the same.

Campus related sexual assault, commonly known as “date rape,” is no laughing matter. Fortunately, it seems Governor Jerry Brown, and California’s legislature, have realized the dire need to reform this area of the law. The addition of §67386 to the California Education Code outlines several requirements for California colleges and universities to establish in order to receive state funding:

In order to receive state funds for student financial assistance... [educational] institutions shall adopt a policy concerning sexual assault...dating violence, and stalking...involving a student, both on and off campus. The policy shall include all of the following: an affirmative consent standard in the determination of whether consent was given by both parties to sexual activity...it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity...A policy statement on how the institution will provide appropriate protections for the privacy of individuals involved, including confidentiality...initial response by the institution’s personnel to a report of an incident...The role of the institutional staff supervision...comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases...Procedures for confidential reporting by victims and third parties.

The California State Legislature states that intoxication, consciousness, and silence, cannot be used as a defense against a sexual assault accusation. As opposed to “no means no,” consent must be affirmative (hence the phrase, “yes means yes”).

Apply a basic hypothetical on the elements of assault and battery: Sleeping Beauty’s consent (or lack thereof) to Prince Charming’s attempt to revive the princess through the use of true love’s kiss. The issue becomes whether the princess perceived the prince's kiss to be harmful and offensive contact, and thus felt an immediate threat of further harm by the prince when she woke up. Across college campuses the hypothetical frames the legislation in far less controversial terms. If Sleeping Beauty woke up offended or harmed by the prince’s kiss, he could not simply say, “Hey, you were asleep, and the dwarves said it was 'all good.' Our date last night went so well, and we said we loved each other...whoops, my bad.” Slightly altering the conversation, this defense or excuse becomes all too common in school related sexual assaults. SB-967 addresses this issue by adding the following standard: prior dating relationships, consent, or assumptions are no longer valid excuses, because consent may be revoked at any time before, during, or after sexual activity.

Even though we may not always feel safe walking around at night, the legislation is promising. SB-967 has given both students and faculties across the country the tools to begin combating this ever-present problem.

If you came up to me 10 years ago, and asked me what I thought I would be doing with my life, law firm owner and practicing attorney probably would not be my answer. Yet, here I am; heading into my fourth year of practice and running my own law firm for almost six months. I have to tell you, it’s exhilarating. Being a business owner is so rewarding. It makes work fun again. Some people love working in a traditional law firm setting; it gives them a sense of security and stability that a lot of people need. A lot of the attorneys I’ve spoken with have said to me that they value “having a paycheck.” I understand that feeling. I used to be one of those people that needed to “know” where their next paycheck was coming from. But in all honesty, that feeling is somewhat of an illusion.

Let’s look at the facts for just a minute: 1. Traditionally, attorneys join a firm with the intention of someday making partner; 2. Becoming partner is conditioned upon you being able to attract clients and build a book of business; 3. If you can’t build a book of business, you are not excellent partner material. I learned early on in my career that I had a great sense of people and was able to attract clients. I thought this would make me great partner material. But, ultimately, I was not happy working in a firm setting. So, after three years with a firm, I decided to set out on my own to try my hand at business ownership.

This is not to say that I do not believe my law firm experience was crucial in developing my skills as an attorney and business owner. Practicing law in a firm helped me understand traditional industry practices, document drafting, and courtroom practice. Moreover, my previous firm encouraged each attorney to act as though they were an autonomous practice group, responsible for their own invoice review, client contact, and case management. Without this type of training, I believe I would have very likely gone on to another firm.

But, here I am. 28 years old, a 2010 graduate (passed the July 2010 bar, but didn’t swear in until February 2011 due to the terrible job market), and working my “dream job.” I’ve shaped my practice around the skills I developed at my previous law firm. Currently, I focus on providing outside general counsel representation to businesses that need counsel, but cannot afford to hire a full-time in house counsel. More often than not, I handle employment matters, general business matters, and intellectual property matters. Prior to my employment with my last law firm, I worked as a clerk and then as an attorney for a TJSL graduate that practices trademark law. Without her guidance and tutelage, I likely would not have as strong of an intellectual property understanding as I do.

Not only am I practicing law, but I was also honored by my alma mater, Thomas Jefferson School of Law, when they asked me to come on board as an adjunct professor in the intellectual property department! I’ve now taught in the intellectual property practicum, and I will be teaching in the Spring Intro to IP class as well.

Because many of my clients are internet businesses and startups, I have developed my internet law practice area out of necessity. Being able to shape your practice around your ideal client is incredibly fun and rewarding. I’m incredibly fortunate to be doing exactly what I want to do only a few short years out of school. I would encourage those considering solo practice to talk to other practitioners and get their insight. Having a network and group of people to rely on is essential. You don’t want to live on an island!

I’m excited for what the future holds, and I’m looking forward to taking on my first law clerk in 2015! He’s a TJSL student with a wonderful family and a ton of tenacity. I only hope I can give back and contribute to the success.