Book Reviews
Full
Disclosure: The New Lawyer's Must-read Career Guide
By the Treatment Advocacy Center (Arlington, VA:
2000). 23 pgs. Order, (703) 294-6001.
Reviewed by Tony Lucchesi
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This book will be of interest primarily to law students who want to
know what it is really like to work at large law firms and how to
successfully pursue associate positions at these firms.
The first several chapters focus on the mechanics of applying and
interviewing for entry-level positions. Much of this information should
be readily available in any well-run law school career services office,
but Full Disclosure organizes it all in one place, adding some
blunt and insightful suggestions.
The author thoroughly discusses the details of daily practice in a
large firm, including aspects the unwary law student may fail to
consider. For example, Carey describes the idiosyncrasies and common
features of various billing methods in her chapter entitled "Law Firm
Economics 101."
One caveat: The book focuses on firms, and Carey all but neglects
government work, public interest work, solo practice, and nontraditional
careers in law. She does, however, devote a chapter to in-house counsel,
describing and demystifying a career track for which most law students
and young lawyers lack firsthand knowledge.
In another chapter, Carey helpfully summarizes the typical
characteristics of boutique firms. She describes the work environment a
young lawyer is likely to encounter at these specialty firms and
contrasts it with that of the larger, more traditional "full-service"
firms.
Full Disclosure also contains chapters on gender issues in
the legal profession, alternative work arrangements, beginning practice
tips, and mentoring.
The book's last 200 pages consist of appendices, most of which list
large firms by geographic area and include contact information for these
firms. Most of this appended material is readily available on the Web,
and probably more current in that medium.
In sum, Full Disclosure is a worthwhile manual for any law
student or recent graduate considering practice at a large firm. Other
readers may find the book less relevant, but should not overlook
individual chapters that may prove useful in pursuing any career in
law.
Tony Lucchesi is a 2000 graduate of the U.W. Law
School.
The New Article 9 Uniform
Commercial Code, Second Edition
Edited by Corrine Cooper (Chicago, IL: ABA, 2000).
462 pgs. $39.95. Order, (800) 285-2221.
Reviewed by Heidi M. Szatmary and
James W. McNeilly Jr.
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Commercial law practitioners have been awaiting the Revised Article 9
of the Uniform Commercial Code, which was adopted by the Wisconsin
Legislature and became effective in Wisconsin, 26 other states, and
Washington, D.C., on July 1, 2001. According to the editor of The
New Article 9, Uniform Commercial Code, Second Edition, the changes
to Article 9, the first since 1972, will "bring about a 'seismic shift'
in lending practices." The revisions enlarge the scope of Article 9 to
include software (embedded in goods) and other intangibles, including
credit card and health care insurance receivables, simplify the
procedures for perfecting security interests, recognize electronic
commercial procedures, and create new rules for consumer transactions.
As of Aug. 27, every state and the District of Columbia have passed
revised Article 9.
This book, comprised of articles written by Steven Weise and Edwin
Smith of the Article 9 drafting committee, enables the reader to study
the pending revisions, consider the changes in detail, and refer to the
revised code. This book is divided into six sections: 1) a short
overview; 2) a checklist for current and future Article 9 transactions;
3) an in-depth introduction to Revised Article 9; 4) a detailed study of
the complicated transition rules; 5) a chart comparing current and
Revised Article 9; and 6) a comprehensive index to Revised Article 9.
The book also includes the current Article 9 and a complete annotated
text of Revised Article 9.
While the book is geared towards the experienced practitioner, with a
minimum of study, the clear and concise text can be used by any
attorney. The transition section will be most helpful, and contains a
flow chart explaining how to keep a security interest perfected
throughout the transition period. The book also directs readers to
several Internet resources that will provide further information about
the new law and technical amendments still pending with its
drafters.
James W. McNeilly Jr., U.W. 1981, and Heidi
M. Szatmary, Tulane 1995, are business attorneys with Bosshard
& Associates, La Crosse. McNeilly is a Chapter 7 Trustee and a court
commissioner.
Wisconsin Practice Material: A
Selective, Annotated Bibliography
By Ellen J. Platt & Mary J. Koshollek (Buffalo, NY:
William S. Hein & Co. Inc., 1999). 169 pgs. $47.50. Order,
(800) 828-7571.
Reviewed by G. Houston Parrish
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This useful reference catalogues a wide variety of legal resources
specific to Wisconsin law (general treatises covering other states are
omitted). Generally, the bibliography limits itself to works published
or updated within the past five to 10 years. However, if a legal topic
has not been addressed recently, the book cites established reliable
sources.
The bibliography includes a concise description of each title or
resource cited. It would have been improved by providing recommendations
regarding the quality and popularity of the resources cited. Instead,
the description includes such information as number of volumes, form of
publication (for example, looseleaf), whether the title is updated
routinely, general content of the work, whether the work incorporates
case law or statutory citations, and whether the work is indexed.
The book is organized by legal topic. The first section covers a
variety of general research and reference resources that cannot be
easily categorized. Materials here range from Wisconsin Statutes to
treatises to Internet Web sites. Thereafter, the bibliography covers
about 80 legal practice areas. The bibliography is not arranged in
specific subtopics. For example, there may be reference to materials on
gender discrimination, but there is no specific gender discrimination
subsection within the bibliography's extensive employment section. The
description given of each particular title is, however, usually enough
to allow the reader to discern which resources are appropriate for him
or her by plowing through unrelated title descriptions for titles
specific to gender discrimination. The descriptions are concise enough
that this is not a tedious process.
The appendices in the bibliography are excellent. Particularly,
Appendix 2 is an extensive list of legal publishing sources, both local
and national. Appendix 3 includes a short list of Wisconsin legal
information centers, primarily law libraries. Appendix 4 lists Wisconsin
document depository libraries alphabetically by the city in which the
libraries are located.
The book generally is excellent. An index of all topics, authors,
titles, and resources would have improved it, but the topics are listed
alphabetically, which makes the table of contents roughly equivalent to
an index. It is a succinct and fairly comprehensive resource citing
authorities on most legal topics practiced in Wisconsin.
G. Houston Parrish, Kentucky 1995, practices with
the Kasieta Legal Group LLC, Madison.
O'Connor's Federal Forms - Civil
Trials 1999
By Michael C. Smith & Gregory S. Coleman (Houston, TX:
Jones McClure Publishing, 2000). 1,067 pgs. $54.95. Order,
(800) 626-6667.
O'Connor's Federal Forms - Civil Trials
1999
By D. Bryan Hughes, Clyde M. Siebman & Mary L.
Sinderson. 1,030 pgs. $49.95. Order, (800) 626-6667.
Reviewed by Jon G. Furlow
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As the law becomes more complicated, the fundamentals seem to get
lost or overlooked. The two-volume set, O'Connor's Federal Rules - Civil
Trials 2000 and O'Connor's Federal Forms - Civil Trials 1999, is the
cure. This set is a handy desk reference for federal civil procedure
that is loaded with practical information about the Federal Rules of
Civil Procedure.
The bulk of the federal rules volume is devoted to commentaries on
federal procedure. But since the text of the rule is always the starting
point, the volume reproduces the Federal Rules of Civil Procedure as
well as the rules on multidistrict litigation, Federal Rules of Evidence
(with some annotations), Federal Rules of Appellate Procedure, the
Constitution, the Advisory Committee notes, and portions of the U.S.
Code. An introduction provides a context on how the various federal
rules were enacted and how they must be considered together.
The commentaries are the backbone of O'Connor's Federal Rules. These
commentaries are organized by topic, starting with the commencement of
litigation and running through post-trial motions. The commentaries
provide basic information about the rules controlling each stage of
litigation, with a discussion of the purpose of the rule, the legal
standards, and case annotations to make the point. Interspersed are
notes with "practice tips," "cautions," and information on "circuit
splits" to assist the reader to more fully understand subtleties in the
rules. The authors tell us, for example, that a circuit split exists on
whether sanctions pursuant to Fed. R. Civ. P. 37(d) requires a total
failure to respond, or merely an evasive or misleading response.
The most impressive parts of O'Connor's Federal Rules are the copious
annotations that accompany each subject area. The book's summary
judgment portion is particularly helpful. It discusses not only the
procedures and usual standards, but provides details, with annotations,
on the proper form of affidavits or declarations, and standards and tips
on filing summary judgment on affirmative defenses and counterclaims.
Again, the annotations provide the foundation for research to support
the motion by relying on cases that arise in the same procedural
context.
The second volume, O'Connor's Federal Forms - Civil Trials, is a
helpful companion to the federal rules book. The forms are organized by
topic, starting with the pleadings and ending with post-judgment
filings. The authors have included a basic form for each type of filing
from the complaint, discovery, trial filings such as offers of proof,
and post-trial filings such as a motion to reopen the time to file and
appeal.
The forms are cross-referenced to the federal rules volume. Most
useful are the case citations included in the form memoranda. In the
form for involuntary dismissal, for example, the authors have included
supporting legal authority for each of the reasons for dismissal.
Likewise, case citations are included in the form memoranda in
opposition to involuntary dismissal. Another helpful feature is the
discovery forms. Not only do the authors provide basic forms, but they
provide substantive examples of plaintiffs and defendants discovery for
claims such as breach of contract, auto accidents, federal tort claims,
copyright infringement, sexual harassment, ADA claims, and so on. These
forms, like any form, cannot simply be adopted. But they are helpful
guides to structure filings and conduct research.
The federal forms volume is a bit more limited in utility than the
federal rules volume. The best use of the forms volume is for newer
lawyers who are still gaining experience with preparing filings and have
not developed their own style. Still, the citations are a useful
resource for any practitioner who needs to quickly find the leading
authority supporting the basic premise of a motion.
O'Connor's Federal Rules - Civil Trials and O'Connor's Federal Forms
- Civil Trials are practical guides for everyone who needs to have a
resource on the basics or a quick reference to the workings of the
Federal Rules of Civil Procedure.
Jon G. Furlow, Minnesota 1986 cum laude, is a
partner in the litigation group of Michael Best & Friedrich LLP,
Madison. His practice is devoted solely to litigation.
Unbundling Legal Services: A Guide
to Delivering Legal Services à la Carte
By Forest S. Mosten (Chicago, IL: ABA Law Practice Management
Section, 2000). 155 pgs. $64.95. Order, (800) 285-2221.
Reviewed by Thomas H. Boyd
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While it may not be suitable for every lawyer or every client, the
author makes a persuasive case that we should all become more familiar
with how unbundled legal services can be delivered. Unbundling Legal
Services: A Guide to Delivering Legal Services à la Carte will
assist attorneys and clients to better understand this method of
delivering legal services, and enable them to make informed decisions as
to whether this delivery method is right for them.
As an authority on this consumer-oriented delivery method, Mosten
provides a unique and thoughtful perspective into these matters. His
interest in unbundling legal services stems from his "devotion to
preventative law" and his hypothesis that "[c]onflict avoidance and
preventative planning have a major place in unbundling theory and
practice."
Mosten provides a valuable discussion of the potential uses,
benefits, and advantages of presenting and delivering unbundled legal
services. The book's structure clearly and carefully introduces the
reader to elemental descriptions of unbundling and how it can work. The
book is a helpful and informative source to learn more about the
concepts of unbundling legal services.
This book will help attorneys evaluate whether this model for
providing legal services is suitable for them. The book encourages
thoughtful introspection, and provides practical methods through which
attorneys can consider whether and what type of unbundled legal services
they might be comfortable in providing. The book includes "how-to"
chapters to assist attorneys in restructuring their offices, intake
procedures, and case handling methods to better implement the delivery
of unbundled legal services. Mosten even addresses the perceived
concerns about malpractice, and provides specific approaches and methods
for controlling such risks.
Mosten's discussion is both innovative and reassuring:
"Some say that this model is a threat to lawyering as we know it. The
truth is that I can never envision a day when lawyers will be required
to unbundle. However, I can see incentives, training, and other
encouragement from society making it easier for the consuming public to
get unbundled help and easier for lawyers to feel safe to offer
discreet-task service products as a supplement to their traditional
full-service practices."
While unbundling may not be for everyone, this book should be on
every lawyer's reading list.
Thomas H. Boyd, Iowa 1987, is a shareholder with
Winthrop & Weinstine P.A., St. Paul, Minn. He practices in
commercial litigation with an emphasis in appellate work.
To Review a
Book...
The following books are available for review.
Please request the book and writing guidelines from Karlé Lester at
the State Bar of Wisconsin, P.O. Box 7158, Madison, WI 53707-7158, (608)
250-6127, klester@wisbar.org.
Reviewers may keep the book they review. Reviews are published in the
order in which they are received. To purchase any book reviewed in this
column, contact the publisher, or ask your local bookstore to order it
for you.
- Brush With the Law: The Turbulent True Story of Law
School Today at Stanford and Harvard, by Robert Byrnes
& Jaime Marquart (Los Angeles, CA: Renaissance Media Inc., 2001).
304 pgs.
- Compensation Plans for Law Firms (3d ed.),
editedby James D. Cotterman (Chicago, IL: ABA Law Practice Management
Section, 2001). 140 pgs.
- Criminal Procedure in Practice, by Paul
Marcus (Notre Dame, IN: National Institute for Trial Advocacy, 2001).
320 pgs.
- The Essential Guide to the Best (And Worst) Legal Sites
on the Web, by Robert J. Ambrogi (New York, NY: American
Lawyer Media, 2001). 370 pgs.
- Practice What You Preach: What Managers Must Do to
Create a High Achievement Culture, by David H. Maister
(New York, NY: The Free Press, 2001). 200 pgs.
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Wisconsin
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