Seriously?

Just spotted an Obama ad on my blog.  Not that I'm against him per se, and it was a nice ad, but I don't know if I dig political ads.  I could just see it going ways I'm not into.

Unpaid Interns.. Who knew?

I just read this article about hiring unpaid interns, and it got me wondering about some internship positions that I am trying to fill at the non-profit that I myself intern for.  It got me thinking about how the FLSA applies to the non-profit setting.  I glanced over the FLSA information website, but I didn't get any information about non-profits really.  Hopefully we're not breaking the law.  We're probably not complying with some of the bullet-points in the article.

Decisions, decisions...

I've been thinking a lot about what school to go to today.  I even worked it up in excel to see the cost difference between the T30 and the TTT that I was admitted to.  I used a couple of different models, but the one assuming I lose my scholarship completely after first year still comes out about $8000 cheaper at the TTT. I have a fancier model that weights possible scholarship levels based on the probability that I will be in that class segment.  It comes out about $30,000 cheaper at the TTT.  

Normally I would just say to go to the best school you get in to, but my situation is so different from most new law students that that kind of thinking isn't really an option.  I have a house that I can't sell and a family that I don't want to uproot.  Also, I plan to practice in the small Midwestern city that I currently live in.  The TTT places better than any other school here.  That includes the T30 that is just a couple of hours away and the much better schools that are pretty close as well.  I could continue living in my house and not have a bunch of additional living expenses, etc.  I think I've almost made up my mind to go to the TTT school, but I guess I just need someone to validate that decision for me.   

The Scholarship Arrives

I got my scholarship from the local third tier school today.  It's pretty decent! Not the named scholarship with the stipend that I was hoping for, but still pretty good. I wish I knew what actual tuition for next year was going to be.  All I have is the number from last year.  If tuition doesn't change, my offer is about 88.5% of tuition, which is pretty nice. There are some bizarre stipulations on it, but it doesn't seem too rough.  It's time to start really sitting down with the wife and crunching numbers.

Audition

I just got done auditioning for a test prep instructor job.  It was pretty weird.

I wasn't expecting it to be so informal.  That kind of threw me off.  I'm still a little mad at this one gunner that kept trying to tear down the argument that I was setting up.  I should have included way less information so I would have time to fight back.  I had to pare down the end because people's responses were taking too long.

Hopefully they know these things suck by their nature. Time to go find a different job to hope for.

Free Books, Hell Yes!

I just entered a contest to win a free copy of The Eye of the World which is the first book in the Wheel of Time series.  I've wanted to read these for a while now, but haven't found a copy of the first book.  Wish me luck!

Check it out yourself!

In! Now for some serious decision making.

According to the online status checker, I just got in to one of my top picks for law school!  It's not that highly ranked of a school, and I've been admitted at better ranked places, but it still feels good.  Right now I'm feeling like it may actually be my top pick as the scholarship is likely to be good, and it places as well or better than any other school in this market.

I have to make some big decisions now.  My scholarship will probably be here tomorrow in the mail, so that will help.  The real decision is whether I try to commute two hours to the inexpensive T30 state school at sticker, or to stay in town and get a big scholarship at an expensive third tier private.

I know that I can't really make this decision until I see what scholarship I am actually getting, but the top scholarship at the third tier school is a full ride and a very large stipend.  I think I may actually be in the running for this as I know someone with similar numbers who got one this year and there are a few more to be awarded.

Birthday!

Today is my birthday.  I probably wouldn't expect much in the way of posting on weekends, but it's especially light this weekend because of the whole birthday thing.  Plus, I've got some jobby things to take care of.

I would like to say that I had a hell of a birthday dinner with my in-laws and wife last night.  I think alcohol made it not as good as it could have been though.  Biaggi's is an incredible place!  If you have one in your area, I would strongly recommend the chicken Piemontese.  Also, good canoli.

Occupy and a Little R and R

A Little R and R 


I went out last night with friends from my former job.  This was the first time I'd seen any of them since I got canned.  I'm feeling kind of cruddy today, but it was worth it.  I'm not really hung over, but I drank a lot of beer which I don't usually do, and that has wrecked havoc on my stomach.  I am also really tired.  I haven't slept much over the past week, so being up late and drinking was the catalyst I needed to sleep until 1:00.  Unfortunately, my wife called me several times while I was asleep, and I have no idea what she said.  I'll have to get a recap.

Occupy the Courts


It seems that there is set to be a standoff today in Washington on the steps of the Supreme Court.  From what I can see on Twitter, the whole thing is to protest the Citizens United decision.  I have mixed feelings about this.

You'll see if you stick with reading me long enough that I am what I like to call an "extreme moderate".  What I mean by that is that I don't fall into the mold of liberal or conservative, but when I have an opinion, it tends to be strong.  Here's a brief list of the paradoxical examples (I'm open to discussing these in future blog posts if anyone wants details) :

1. I'm very pro-gun (which I consider to be a liberal point of view, and I think Thomas Jefferson would agree)
2. I'm pro-choice, but only moderately (I don't want to see that vast opening up of the laws, but I think things are okay the way they are.  Nobody likes abortion, and we should work towards fewer abortions, but I don't like taking the right off the table)
3. I'm very pro-gay rights (marriage, etc.)
4. I'm somewhat pro-business (see the Citizens opinions I'm about to express)
5. I'm anti-union (not the concept of a union, as it has done many great things for the world, more the unions as they stand today in their greedy, childish, "if I can't have more than nobody can" ways. They killed a lot of industries and I don't think their members are better for it)
6. I'm pro-free market economics
7. I wish fake, hate-filled "Christianity" would get the hell out of politics, or just go away in general

I think you get the point.  I identify most with libertarianism, but I think most of those guys are too extreme in their views.  

So here's my problem with people protesting Citizens United.  I think it's mostly a fair decision.  I'm not happy with some of the implications, such as the anonymity of contributions through super-PACs (anonymity irony alert), and the fact that these super-PACs are obviously in support of particular candidates if not downright wings of those candidates own organizations.  I don't think that makes this a protest-worthy decision though.  What we need is some legitimate legislation to reign in some of the loopholes and public policy snafus that were caused by the decision.  

Lets face it, big companies are affected by the law and politics far more than the average citizen.  Before this decision, they really had no voice other than the lobby for which they continually take heat.  Business also pays a very large portion of the taxes that go to support the government, and the rest of the taxes come from people who got that money from their employers. I think this shows that they should have some sort of say in  the political realm.  At least as much say as the unions, an institution that enjoys most of the rights of individuals with few of the responsibilities; and that operates very similarly to a public company. 

I'm not saying that there is nothing to protest.  I could probably find something worthy of protest every day.  Certainly some of the fallout of this decision is even worthy of protest.  I just don't think it's directed the right way when it is on the steps of the Supreme Court.  Protest the candidates who are quite obviously coordinating illegally with their super-PACs.  Protest the congress who hasn't fixed any of the loopholes necessarily created by the decision.  Just leave my beloved Court out of this.  They're really just doing their job.  

Vindication!

So, for quite some time, I have been annoyed but accepting of the fact that the serial comma can be omitted in written lists now.  I originally had been taught in school that the serial comma was needed, but later learned that it is accepted to not have it.  For years, I have been begrudgingly dealing with this. 

Until now! This blog has confirmed that, in fact, the serial comma is more precise and in many regards better. 

Thank you to Marie Buckley.  You are a saint. 

UM What?

Uninsured motorist coverage.  Sounds pretty straightforward, right?  You get hit by someone who doesn't have coverage and it pays for your medical bills.  Well, maybe.  It turns out that it's a lot more complicated than that.  


This morning, I read an article on LexisNexis's Insurance Law Blog that I think is a great "micro-treatise" on the topic of uninsured and underinsured motorist coverages (which are not the same, except in some states where they are).  It's a section from New Appleman on Insurance Law Library Edition, and I think it is well-worth the read. 

Read the article here.

A little background before I go into this in more detail.  First of all, I'm not a lawyer.  I'm not even a law student.  Perceptive readers would have noticed that this title contains the abbreviation (if you can call it that) 0L, which means a person who is looking to start law school soon for those uninitiated in the law school jargon. What I am though is a licensed insurance agent with significant experience in the automobile insurance realm.  I have spent a good deal of time studying uninsured and underinsured motorist coverage (probably more than most lawyers that don't specialize in insurance defense), and am pretty well versed in the topic.  


Now that that is out of the way and I can hopefully avoid the "how the hell do you know" comments that are inevitable in a 0L blog, let's get down to business. 


My only real concern with this article is that it doesn't adequately describe what uninsured motorist coverage is, or what it is supposed to cover.  I am assuming that that is because it was written for the legal professional that has a specific policy in front of him or her and a specific problem in mind.  From my experience working in insurance, I have found that the vast majority of the public believes that uninsured motorist coverage is there to fix your car when you get hit by someone and they drive off.  Not true!   


First, there is no coverage for your automobile at all under an uninsured or underinsured motorist policy or clause.  You might have a less common coverage called uninsured motorist property damage, but that coverage is not connected in any way to uninsured motorist coverage and is only available in some states.  Further, uninsured and underinsured motorist coverages often require that the person who is at fault be identified and found to be negligent.  This means hit and run doesn't count in most cases (some states do allow hit and run specifically).  In the instance of uninsured motorist property damage coverage, I don't know of any state that allows hit and run victims to seek coverage.  These would be handled as collision claims. 


So, what does uninsured motorist and underinsured motorist coverage cover?  Simply put, they cover bodily injuries.  In insurance terms, that usually means medical bills, lost wages, etc.  Anything that results from you being injured by the negligent operator.  


What the section does do really well is describe the circumstances in which an insured may or may not claim damages under this type of policy.  As you can see from the sections titled "Establishing That the Claimant is Legally Entitled to Recover" and "Determining Whether the Accident Involved an Uninsured or Underinsured Vehicle", the question of who can claim damages and when is not particularly cut and dried.  


Another thing that I liked about this article was that it details the ways in which a claimant may seek damages even if they do not carry the coverage.  Because there are statutory offer requirements in most states, your insurance agent's conduct during the application process as well as what documentation is available of your decision to not carry the coverage, may not be enough to deny you coverage.  


Over the years, I have seen so many people skimp on this coverage because they either don't think they need it (I have health insurance is probably the biggest excuse I have seen) or they don't want to pay any more than they have to for insurance.  Insurance is not a good place to skimp for your budget. The difference between carrying the state minimum required coverages on your auto policy and what you actually need is maybe $10-20 a month for most policies.  On one declarations page that I have in my office with me at the moment, the cost of uninsured and underinsured motorist coverage for this couple's two cars is $12 per six months.  A dollar per car per month.  That's it.  That's all it costs to not run the risk of being financially ruined because someone else made a mistake.

Many people look down on insurance defense lawyers these days.  I'm not exactly sure why that is.  Maybe it's just not that well paid and we all know that if you're not making $160,000 a year at BigLaw doing transactional work, you're a nobody.  At least that is what some people think.  Perhaps it is because in general the work involves trying to screw somebody who probably deserves and needs the money in order to save a client a few bucks that they can probably afford and realistically should pay.

Personally, I believe that because the purpose of insurance is indemnity, making a person whole again, the most liberal interpretations of the law should reign when it comes to settling claims in good faith.  Fortunately for me and for my clients, I worked for a good mutual company who thinks the same way I do and usually does the right thing.

Motivation!

I went to a marriage counseling session yesterday (nothing big, we're just trying to strengthen our marriage before law school and it's free through the wife's work) and the counselor told me that I need more intellectual stimulation.  That I should plan to go out and do something stimulating and that would motivate me to get things done right away in the day.

I don't know about going out and doing anything (though I do want to visit a couple of local sites that I've never visited or haven't visited in far too long), but this has motivated me to really push the envelope with this blog.  I woke up early today (though not by choice), and have more resolve than usual to get things done.

I've been reading articles online this morning and can't wait to write about some of them.  Expect great things today.

Rants and Raves

First order of business for this evening: Accept me already! 

I'm waiting on an incredibly slow school to send me an acceptance, and judging by the experience of several people I know who have been admitted, the committee sat down with my application today.  I know this because of some tell-tale signs on their online status checker.

When did law school admissions become a breeding grounds for signs and omens?  First, you wait for the little icons on LSAC's site to turn from green to gray because your forefathers on the message boards tell you that that is a sign that scores will be posted soon.  Once you have your scores though, you apply to schools.  Schools all have their own idiosyncrasies, and you're checking status checkers every hour, stalking the admissions dean via Twitter, Facebook, etc.

I'm not a fan of this.

As cocky as it sounds, I'm not at all worried about getting in to this school.  I just want to see it in writing.  I've already been accepted to a couple top 30 schools, with scholarship even, and this one is a third tier school.  I'm applying because I really want a good scholarship and I don't want to move for law school if I can help it.  It's also a very good school if you want to practice in my home town.

Second order of business: Advice from friends...

So, I keep getting advice emails from friends who are law students or lawyers about all the pitfalls and whether or not I should be doing this, and so on.  And the thing is, I really appreciate the advice.  I've just heard it all already.  I'm very informed about law school and the legal profession in general.  I know that the economy and the new legal model are screwing law school grads and many if not most will end up unemployed or doing document review for Wells Fargo foreclosures.

I just don't like getting these emails any more because they take up a good deal of my time to read, and then I have to write long, thoughtful responses to them and try not to sound like I'm saying "dude, I got this brah."

Oh well, I suppose I have the time on my hands right now and should just deal with it.  They're only trying to help.

Ohh! One more thing:  I have an "audition" to teach test prep classes coming up! It's only part time, but I think that it will be good for me because I can keep this up during summers if I'm having trouble finding sufficient work.  Wish me luck! (if anyone actually reads this thing)

How did this all happen?

I figure many of you are probably wondering how I ended up unemployed.  To put it simply, I made a few mistakes.

Not the mistakes they fired me for though, the other mistakes.  The ones they really fired me for.

I didn't hide law school.


"What?" you say.  "How does that make any difference?"

Well, it makes a difference because of the way the HR associates at a certain large insurance company in a certain small Midwestern city are compensated and evaluated.  You see, when a person gets hired at my former company, that's a measurable statistic, and the HR person's performance is evaluated by it.

So why don't they hire anyone with a pulse regardless of how good for the company they will be?  Retention rates.  HR is judged in part by how many of all those measurable statistics they hired are still around after a given amount of time.

Of course, some people can't be saved and some you don't want to save.  That's me.  Or rather, that's what they turned me into.  The actual "reason" I was fired was that I was chatting when I was supposed to be working.

More specifically, when I have my phone set to a certain status, I won't get any phone calls.  This status (called after-call work, or ACW) should really only be used for business purposes since it's not a "ready" state where customers can reach me.  The quality department where I worked saw me (with screen capture software) chatting with friends about law school when I technically should have been in available and ready to take a call.

Well then,I deserved it, right?

Not exactly.  You see, chatting in ACW, surfing the web in ACW, even getting up and going to another floor to chat with friends in person in ACW is a very common practice at this particular company.  So common, that I know of some people who have been given warnings for doing this too much and they're still with the company.

What happened?  All I can tell you is what I think, but because I was chatting about law school, and because there was a copy of Acing Your First Year of Law School on my desk (Noyes and Noyes, great book that I highly recommend), HR made the (correct) assumption that I wasn't planning to stay for very long.  In fact, I was planning on staying another seven months, and I was doing pretty well.

They fired me because they didn't want to have to count me as someone who quit.  Because I was doing well, they didn't think that I would mess up again before choosing to leave.  So they fired me now.

Let's just hope the unemployment goes through.

Ta Da!

Well, there we go.  I have created my very first ever blog post.

This is something that I have been meaning to do for a long time.  Why am I just now getting to it you ask? Well, simply put, I have the time now.  I lost my job the other day.  On Friday the 13th, no less.  This is going to be my outlet for the inevitable frustration of being a 0L while unemployed.

What's so difficult about that?  Everybody says you should enjoy your 0L Summer!  Yes, this is true.  "Everybody" does indeed say to do just that.  The problem is that I don't think I will be doing much enjoying this summer if I don't find work soon because I am not your "typical" 0L (if such a mystical creature indeed exists).  I'm 30ish, married, have two kids, "own" a house.  All of that takes money -- lots of money.  That's something I didn't really have before, and now I definitely don't have it.

So what am I going to do with my 0L Summer now that I'm unemployed?  For one thing, this.  You're looking at it silly! Hopefully this will bring a little bit of enjoyment and creative stimulus.  Also, I hope it can help me keep my thoughts organized.  I'll probably also do some job hunting (I've got one application in so far, more to come on that), and I might start that novel I've been thinking of writing for ages (I know, cliche).  I also want to take this time to be a better husband and father.  I really need that (more on that later too, I'm sure).

Well, I'm sure I'm supposed to keep this introductory post brief, so I will end it here.  Thanks for hanging in there with me.