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Vol. 74, No. 9, September 2001
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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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