5 Myths Regarding Practicing Law

imgresPeople who don’t practice law tend to have a preconceived notion of what a lawyer actually does or how he actually got to become a lawyer. It leads to many myths tied to law or lawyers. Lets take a look at five myths that are tied to practicing law according to aboutcareers.com.

1. Becoming a lawyer is a guaranteed path to financial success:
Not every lawyer is comfortable financially. For one, after attending those additional years of schooling, a lawyer has far for student debt than say someone who received their traditional four year degree and went right to work. Lawyers do not just catch on anywhere and receive a job. The most financially comfortable lawyers work for the largest firms in the world. These firms tend to have over 100 attorneys and make up 1% of all law firms.

2. As a lawyer, I can eradicate injustice and affect societal change:
Litigation is not clear cut in the sense that good trumps evil. Because you’re client did the right thing or was victimized is only half the battle. If you don’t play the law strategically, you can still lose despite your client being innocent. You still have to present a valid case and play your hand. More often than not, cases end up in compromise rather than right defeating wrong.

3. I will make a great lawyer because I am good at arguing:
Just because you can always strike a good argument and make a great conversation out of it does not mean you’re cut out to be a lawyer. You have to be logical, do research and essentially persuade a jury or judge that what you’re preaching makes sense and actually happened.

4. Litigators lead a thrilling, high-powered and glamorous life:
With so many law shows out there like Suits, Law and Order, or Franklin and Bash, its easy to think that all these lawyers live thrilling and extremely comfortable life. That however is not the case. Lawyers are not actually in a courtroom as often as you think they are. Practicing law requires a lot of research done on your own from your office. Less than 1% of all cases go to trial.

5. The work of a lawyer is intellectually challenging:
Lawyers are constantly doing the same practices over and over that the work is actually mundane. Newer lawyers in large firms are often in charge of doing a large portion of the work which can become mind numbing.

from Derek Byrd’s Law Blog Derek Byrd’s Latest Law Blog Post http://ift.tt/11LUW86

Giancarlo Stanton, the New $325 Million Man

Giancarlo Stanton

Giancarlo Stanton

The Miami Marlins have just agreed to a 13 year $325 million deal with outfielder Giancarlo Stanton. The 25 year old Stanton hit .288 with 37 homeruns and 105 runs batted in. Astonishing numbers for a 25 year old. Many 25 year olds have not even made it out of the minor leagues yet alone put up all star numbers. Did the Marlins make the right move though?

Keith Olbermann thinks the deal is a scam. Stanton stands to make $107 million over the first six years before Stanton enters his option years. Marlins owner essentially has Stanton signed at a bargains rate of $30 million over the first three years. This heavily backloaded contract allows Marlins owner Jeffrey Loria to do one of two things.

First he can attempt to dump Stanton once he gets to those big money years. Don’t think he will? When the Florida Marlins became the Miami Marlins, Loria made a huge splash spending on guys like Jose Reyes, Mark Buehrle, and Heath Bell. He spent A LOT of money on these free agents only to ship them off the following year in a salary dump trade. Don’t rule out Giancarlo Stanton being dumped in four years.

Loria can also sell the team. If Loria can’t put a contending team together in the first three years that he was Stanton at essentially a discount with the money he’s saving, look for him to sell the team. The Marlins have been rebranded since moving to Miami. New location, new ballpark, and an OK roster, Loria can definitely cash in on the sale of the Marlins.

For now, Giancarlo Stanton is a $325 million man playing for the Miami Marlins, but I’m not so sure he will be there by the conclusion of this contract in 2027. Either Stanton or Loria will be on the move in 2017.

from Derek Byrd’s Blog on Cal Ripken Baseball Derek Byrd’s Blog Post on Cal Ripken Baseball http://ift.tt/1qJrhHN

Social Media’s Effect on Criminal Trial Law

imgresThe OJ Simpson trial in the 90s was important for a number of reasons, not least of all as a signifier of the powerful effect of mass media on a trial. High-profile cases are now regularly featured in tabloids and popular online news aggregators.

A recent study, Public Engagement with the Criminal Justice System in the Age of Social Media, examines this same topic 20 years later, in a world where mass media is much different, and much more pervasive.

The study links the media’s portrayal of criminal trials to the dwindling of public confidence in the country’s criminal justice system. Researchers looked examined a host of data points for participants, including news reading sources and habits, knowledge about major recent criminal trials, and overall trust in the criminal justice system at large.

The study’s abstract claims that the study is the first look at social media’s impact, specifically. If that’s true, it’s amazing researchers have waited so long. We have to imagine it won’t be the last study of its kind.

Ultimately, the study finds that social media coverage and conversation about criminal trials do not enhance public knowledge, and does nothing to increase confidence in the overall system. What does tend to increase when the public engages in social media surrounding a trial, is a “greater desire for vengeance and encouragement of vigilante attitudes and behavior.” The conclusion adds that the advent of ‘cyber vigilantism’ may have been born, in part, from this effect. Noble motives, but potentially harmful actions.

As we each make choices about how we use the internet to enhance and enrich our lives, we need to consider how it’s affecting us and our perceptions of our world.

You can download the entire study here. [http://ift.tt/1uw8DRH.php/osls/article/view/325/471]

from Derek Byrd’s Law Blog Derek Byrd’s Latest Law Blog Post http://ift.tt/1HlbXWC

Braves Move OF Jason Heyward

images-1The Atlanta Braves mad a big move today with one of their young promising outfielders, and no, they did not break up the Upton brothers…yet. The Braves traded 25 year old former first round pick Jason Heyward to the St. Louis Cardinals. A bit of a shocking move for the Braves who finished just under .500 last season at 79-83.

Heyward in his young career was an All Star in 2010 and won two Gold Gloves in 2012 and 2014. Heyward was packaged with right handed reliever Jordan Walden for 24 year old right handed starting pitcher Shelby Miller who finished 10-9 with a 3.74 ERA and a minor league player. If anyone were to be moved from Atlanta’s outfield, it was thought to be BJ Upton who has been atrocious since signing a 5 year $75 million in 2012. In each of his first two years in Atlanta, Upton has hit an abysmal .184 and .208. Heyward on the other hand has hit .254 and .271 during that same span. Miller figures to step into the rotation right away next year as he seems to be a promising starter in this league.

Heyward figures to be inserted into the Cardinals lineup right away as the everyday starter in right field and should hit in the middle of the lineup. Heyward should bring a bit more punch to a Cardinal lineup that struggled to hit the long ball. It’ll also be a contract year for Heyward meaning if he wants to get paid next off-season he’ll need to have a big year in 2015.

With a very young lineup, it still leaves many scratching their head as to why Heyward was moved. The Braves had a great nucleus of young budding players in Freddie Freeman, Justin Upton, Andrelton Simmons, Tommy La Stella, Julio Teheran, Alex Wood, and Jason Heyward. Maybe the Braves were not ready to give Heyward the big money he is most likely seeking next off season. Either way, looks like the Braves are moving on.

from Derek Byrd’s Blog on Cal Ripken Baseball Derek Byrd’s Blog Post on Cal Ripken Baseball http://ift.tt/1u3gsus