Learning How to Practice Law Again

Confession:  I had a bit of a breakdown this weekend when I realized how much work I have to do before I can open-up-shop and start practicing law again.   Calling it overwhelming would be an understatement.  Luckily, I have the greatest person I have ever met to listen to me in my dark moments:  my wife.

After discussing a myriad of concerns with her about how impossible it was to get everything done, I realized that my main concern right now is competency.  I’m a licensed attorney in Indiana, but I am hoping to be admitted to the Minnesota Bar in the relatively near future.  Until I am licensed in Minnesota, I have been doing the whatever due diligence work I can to get ready.  In other words, I need to train myself all over again.  Furthermore,  I cannot begin taking on cases in Minnesota unless I can competently handle the issue.  As I’ve discussed, my main practice area is and has been family law.  I’ve done a smattering of other legal work, but I feel the most comfortable saying I know what I am doing in family law.

However, I practiced for nearly four years in Indiana.  Indiana has different laws and different rules.  Indiana has different courts.  Indiana has different forms, filing fees, deadlines, etc, etc.  I could go on.

It is true that laws are very similar in many states.  However, I know from practicing law that the bar exam and law school doesn’t teach you how to be a competent practicing attorney.  I thought I was getting good at my job in Indiana, but Minnesota has different forms, rules, law, procedures, courts, etc.  It is scary.

In light of this, I have come to the conclusion that I have two options: (1) join a law firm, get Minnesota-centric experience, build a network, and then open a law practice, or (2) go to the law library and read, read, read, gain competency in the details, and then start a law firm.

At this point, I am going with option 2.  After I teach myself, I will talk to as many local attorneys as I can and, possibly, do a unpaid internship of sorts.  Also, as I stated in my previous post, I’m looking into trying to find a family law mentor of some kind.

Luckily, I have a couple of friends who practice family law close by.  I plan to pump them for as much information as I can.  Also, I remembered today that divorce pleadings are typically matters of public record.  I simply need to go to a courthouse and find a completed dissolution of marriage file and review the pleadings – preferably a case handled by a good, experienced lawyer.  I used this trick often in Indiana.  When in doubt, go look at the quality work of those that have gone before you.

Learning the law over again is not fun.  It is especially not fun when you have already learned one jurisdiction’s law.  But, it is necessary.

After practicing law for a little while I know that I have my client’s lives in my hands.  I cannot fail to meet the burden of that trust.  I cannot be incompetent.  If, after trying to teach myself the finer points of Minnesota practice, I don’t feel I am competent to handle family law work, I’m not going to start a law firm.  End of story.