http://myshingle.com/2008/04/articles/ethics-malpractice-issues/the-perils-of-the-volume-practice-and-ways-to-avoid-them/ Great Things Come in Small [Law] Practices! Sun, 20 May 2012 20:48:00 +0000 hourly 1 http://wordpress.org/?v=3.3.2 http://myshingle.com/2008/04/articles/ethics-malpractice-issues/the-perils-of-the-volume-practice-and-ways-to-avoid-them/#comment-2961 Benjamin K. Sanchez Sat, 26 Apr 2008 23:22:00 +0000 http://174.120.83.8/~sh1ngl3/2008/04/articles/uncategorized/the-perils-of-the-volume-practice-and-ways-to-avoid-them/#comment-2961 I have a dual-docket practice that includes a high-volume (over 5,000 cases) collection litigation practice and a civil litigation practice that includes construction, commercial, consumer, and probate litigation. I have a Nov. 2007 licensed associate, a college graduate who will also get a paralegal certificate in July, and an administrative assistant. I am in the process of hiring another young associate and a third staff person. I admit that the volume practice takes up a lot of time, and a senior paralegal or more experienced attorney can't keep up with it if I turn it over to them (I've tried). I've now decided that I'm going to determine roles for everyone in the firm, while I still retain overall practice management. I started my practice a little over a year ago and like that I have grown so fast, but I also do not see myself doing volume business forever. At the very least, I want to train others to manage those cases in a few years so that I can do more of the "cause cases," which are those cases I take just because I want to, which I can because of the volume practice. My volume practice pays for the bills, while my other litigation allows me to have fun practicing law. I have a dual-docket practice that includes a high-volume (over 5,000 cases) collection litigation practice and a civil litigation practice that includes construction, commercial, consumer, and probate litigation. I have a Nov. 2007 licensed associate, a college graduate who will also get a paralegal certificate in July, and an administrative assistant. I am in the process of hiring another young associate and a third staff person. I admit that the volume practice takes up a lot of time, and a senior paralegal or more experienced attorney can’t keep up with it if I turn it over to them (I’ve tried). I’ve now decided that I’m going to determine roles for everyone in the firm, while I still retain overall practice management. I started my practice a little over a year ago and like that I have grown so fast, but I also do not see myself doing volume business forever. At the very least, I want to train others to manage those cases in a few years so that I can do more of the “cause cases,” which are those cases I take just because I want to, which I can because of the volume practice. My volume practice pays for the bills, while my other litigation allows me to have fun practicing law.

]]> http://myshingle.com/2008/04/articles/ethics-malpractice-issues/the-perils-of-the-volume-practice-and-ways-to-avoid-them/#comment-2960 midlevel Tue, 22 Apr 2008 20:25:09 +0000 http://174.120.83.8/~sh1ngl3/2008/04/articles/uncategorized/the-perils-of-the-volume-practice-and-ways-to-avoid-them/#comment-2960 What exactly constitutes a volume practess? How many cases? Of course, its more than any one lawyer can handle competently, but if we're talking raw numbers, what do some of these practices look like? What exactly constitutes a volume practess? How many cases? Of course, its more than any one lawyer can handle competently, but if we’re talking raw numbers, what do some of these practices look like?

]]> http://myshingle.com/2008/04/articles/ethics-malpractice-issues/the-perils-of-the-volume-practice-and-ways-to-avoid-them/#comment-2959 sharita Tue, 22 Apr 2008 17:51:48 +0000 http://174.120.83.8/~sh1ngl3/2008/04/articles/uncategorized/the-perils-of-the-volume-practice-and-ways-to-avoid-them/#comment-2959 I do not agree with having a volume practice and do not have one. However, what are the suggestions for how these lawyers can get criminal clients that have the funds to pay an attorney the fees that will allow them to stop a volume practice? I think that criminal law is unique in that many Defendants can get a court appointed attorney and the Defendants that cannot qualify are working from pay check to pay check and do not have savings, assets nor relatives that do. I do not agree with having a volume practice and do not have one. However, what are the suggestions for how these lawyers can get criminal clients that have the funds to pay an attorney the fees that will allow them to stop a volume practice? I think that criminal law is unique in that many Defendants can get a court appointed attorney and the Defendants that cannot qualify are working from pay check to pay check and do not have savings, assets nor relatives that do.

]]> http://myshingle.com/2008/04/articles/ethics-malpractice-issues/the-perils-of-the-volume-practice-and-ways-to-avoid-them/#comment-2958 George M. Zuganelis Mon, 21 Apr 2008 14:58:02 +0000 http://174.120.83.8/~sh1ngl3/2008/04/articles/uncategorized/the-perils-of-the-volume-practice-and-ways-to-avoid-them/#comment-2958 The abuses of volume practice are legion in Cook County, Illinois (that's the county in which Chicago is located). This is mostly in the criminal courts. Specifically, misdomeanor and DUI cases. There are many who have this volume practice, but one stands out in particular. He purchases lists of recent arrests in all of Cook County weekly from the Clerk of the Circuit Court. He sends out post cards with his picture on it so the clients will recognize him ( he has no office and does not meet the clients ahead of the court date). His answering service sends the clients instructions to get an alcohol evaluation before the first court date. These are used in sentencing a defendant. Up to this time he has not met with the client nor received any discovery. He charges $250, and pleads everyone guilty on the first court date. He was severly repremanded by a judge for pleading a client guilty when the breath test results were .04. In Illinois the presumption lies with the defendant with a breath test result under .08. Not only is this walking violation of the Sixth Amendment destroying business for real lawyers, he is doing great harm to his clients. The scary thing is that there are several lawyers out there like him. He was exposed in a newspaper article about 7 years ago, but that hasn't stopped him. Prosecutors do not respect him, but say nothing because he pleads everyone guilty. I wish I knew what to do to counter these lawyers. The abuses of volume practice are legion in Cook County, Illinois (that’s the county in which Chicago is located). This is mostly in the criminal courts. Specifically, misdomeanor and DUI cases. There are many who have this volume practice, but one stands out in particular. He purchases lists of recent arrests in all of Cook County weekly from the Clerk of the Circuit Court. He sends out post cards with his picture on it so the clients will recognize him ( he has no office and does not meet the clients ahead of the court date). His answering service sends the clients instructions to get an alcohol evaluation before the first court date. These are used in sentencing a defendant. Up to this time he has not met with the client nor received any discovery. He charges $250, and pleads everyone guilty on the first court date. He was severly repremanded by a judge for pleading a client guilty when the breath test results were .04. In Illinois the presumption lies with the defendant with a breath test result under .08. Not only is this walking violation of the Sixth Amendment destroying business for real lawyers, he is doing great harm to his clients. The scary thing is that there are several lawyers out there like him. He was exposed in a newspaper article about 7 years ago, but that hasn’t stopped him. Prosecutors do not respect him, but say nothing because he pleads everyone guilty. I wish I knew what to do to counter these lawyers.

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