Urban Dictionary's Take on "Document Review"

"Document Review" is a term that we throw around here on BIDER pretty often.  I guess I take it for granted that my readers know what it means.  I shouldn't assume that.  0Ls have no idea how mind numbing it is.  Document review is truly the modern day sweatshop a la Upton Sinclair's "The Jungle".  But Urban Dictionary puts it better when it says that "Document Review" is:

the fate of attorneys who don't graduate from the top 14 schools or in the top 10% of their class if they are outside of the top 14 schools. you click on legal database software for 12 hours a day without being allowed to take breaks. it is a dead end job with no benefits or chance of advancement. most law students are blissfully unaware that this world even exists, but once they graduate, they become slaves to the doc review mill.

or....

A position for attorneys that is not as good as being a BigLaw Associate or a federal court clerk, but is infinitely better and more interesting than working in insurance defense. Pays better, too.

BigLaw is Heaven. Document review is Purgatory.  Insurance defense is the 7th Circle of Hell.

or....

A miserable existence on Earth. Hell. Usually leads to suicide.  Document review is the 2nd circle of hell.

Yah, that sums it up.  They forgot to mention the carpal tunnel syndrome that you inevitably develop from repetitive motions.

I kinda like the third one.  What do you think?

So, What's the Worst that Can Happen to Me?

A friend forwarded me this article to brighten my spirits, but it had the opposite effect.  Apparently, since Big Law associates are being deferred until 2012, contract attorneys will be leaned on more than ever.  As all my readers must know, being a contract attorney means that you have no stability and no benefits.  You are completely subject to the whim of a firm. You the modern day factory worker, much like Jurgis Rudkus from The Jungle.  You're nameless and faceless and often kept in the dungeons of the firm. 

But, I guess it's good news for people that don't mind living on the edge and people who never aspire to get hired again.  But, I'm not so sure I'm one of these people.  I guess I'm a bit of a control freak and document review is the antithesis of control.  You are told the rate at which to work, because you are given quotas.  You are also told the times at which you should work and how long your work week must be--both minimum and maximum hours.  You are also forced to take a lunch break on many projects.  So, because I don't think I'll get hired (and considering people are being deferred until 2012) I'm taking the plunge into the real "Deep End" and going solo, in an attempt to control my destiny ever so slightly.

So, as it stands, I'm attempting to supplement my document review with a solo practice until document review supplements a solo practice. There's no glory in this. It's what I have to do to stay pertinent to the current market. As I stated before, I'm pretty convinced that law firms will not be hiring full time employees with benefits anytime soon and I'll be damned if I sit there and hope for temp projects as they are slowly shipped to India. I have more pride than that.

So, the costs are mounting. I had to buy office supplies. A better printer with a scanner. A file cabinet will be next on the list.  I bought letterhead and business cards.  Hence far, the costs have been minimal.

But there's one hurdle that I need to jump--legal malpractice insurance.

I did a little search on-line and the costs were crazy... over $1000 a year with $5000 and $10000 deductibles.  So, I got in touch with someone that I knew through someone (I've been pushing that networking thing, Managing Partner)  And she had the best rate I have heard of hence far.... $900 a year! 

And she also went on to tell me that it goes up every year (one would think you'd be less of risk with more experience).

This brings me to my point... what is the worst that would happen?

Ready or Not, the World is Going Solo!

THIS POST IS PRIMARILY FOR LAID OFF ATTORNEYS WITH LEGAL SKILLS OR A PRACTICE AREA.

So, I've been out of work for a good long while. I can't say that my job search has been intensifying. It's been dwindling. Partially from my own doing, but also because of the type of job search that I decided to do. I only apply to jobs that I'm qualified for. I'm not in the business of wasting my time or an employer's time. I pride myself in honestly saying, "I am the best candidate for this position." Consequently, I am running out of jobs to apply to... after applying to nearly 400 or so. At this point, I'll spend a solid 20 minutes on an on-line application to find out that I have already submitted a resume for that same position. I'm also tired from hours and hours of document review. I'm at a point now, where I need to move on mentally from the idea of finding "full-time employment."

Timing is certainly my forte, so no surprise that I ran into this article which speaks to my point. As the economy tanks, more and more people will find themselves "freelancing" or "consulting"--or in legal terms going "solo."

I know... going solo is the LAST thing that many lawyers want or can do. But this article has some good advice for those that are going to stop putting their lives on hold, waiting for the great job that lurks around the corner, and start to live life from this point forward:


"Too many freelancers see their condition as only temporary—one that will go away as soon as economic conditions improve. It's just a stage between jobs, they figure."

"Some of them may be right. But the odds are that most are wrong. They're going to be on their own for a long time. So freelancers need to think in terms of the long haul, preparing for a marathon, not a sprint."


When I read this, I think about all of the attorneys I know that are doing document review all over the country, waiting for the next best thing when they can be out there establishing a business. You have to stop thinking of this as a temporary condition, so you can free yourself to do what's best for your future. Just think? What if this is your forever? I don't think document review is a horrid existence. It's better than nothing, but do you always want to be subject to the ebbs and flows of the market???

Btw, I know I'm referring to the document review as being synonomous with freelancing. Unfortunately, there are some bright line distinctions; the main one is that you are considered an employee of the temp agency when you do doc review, whereas you are an idependent contractor when you freelance. W-2 verses a 1099. But, like in freelancing, you are moving from one project to another and you have no stability and no benefits. You're not paid for sick days. It's a tumultuous existence. I would argue that doc reviewers would benefit from becoming independent contractors, but alas... the pimp daddy agencies won't have that. In any case, I think that this is the closest to being a consultant that any lawyer gets. And for the purposes of this discussion, they are similar enough.

What if this is all there is???

Why are you doing document review for $28/hour when you can be coupling that with per diem depositions for $50/hour? Or writing motions for $65/hour? This is how you start your business and get good experience at the same time. Don't think that this is something you're doing for the short term. Let's assume that you'll never ever find a full-time job. Throw yourself into per diem work and you will get more and more business--and one day a client will be entirely yours. I know per diem work is elusive, but not so much as a full-time job. I have my finger on the pulse of the legal industry... and I will tell you that small firms are not lacking work. But they are having commitment issues. They need someone to do the work, but they don't want to pay for benefits. So, drop in on some small law offices and tell them that you're willing to help for an hourly rate. You will get the appropriate experience that way, and it may serve as a segue to getting your own clients.

Or, even better, don't do document review and think that you're just one interview away from the ultimate job. If you always dreamt of having a cafe or a child care business, why are you holding yourself up in that dream. Take steps to pursue something else. There are people who have bene unemployed since May 2008 and this time could have been used to do a start-up company. I know it sounds crazy and unattainable. But thinking that you're going to land in BigLaw when this storm dies down sounds just as crazy to me.

But, back to doc review attorneys... the article says:

"Most successful consultants are in a network or community of consultants. These networks are important sources of new clients; most consultants, in fact, say they get as many clients from these networks as they do from client referrals. What's more, an increasing number of consultants share work, taking on bigger projects that require more hands. In this way, teams of consultants can function like a small boutique firm."

Just last week, in my room of doc reviewers... we were discussing our practice areas before the bottom fell out :

Real Estate!

Tax!

Estates!

Worker's Comp!

Family!


Isn't it apparent the we essentially have the resources of a full service law firm at our fingers? I'm not saying that I'm signing partnership agreements with anyone. But if anyone were to come with me, in search of a will and a trust... why wouldn't I draft the will and send the trust to the estates lawyer to do??? I hate lawyers just as much as the next guy, but this is a case of brotherhood and comradery. I think that we can accomplish much more together than we can apart.

Time to take this bull by the horns and control your own fate. Yah, it sucks to be 100% in charge of what you're paid and when you're paid it. But it's not worse than being subject to the whim and will of inconsiderate partners. They screwed you before. Do you really want to be caught with your pants down if they do it again?

Look. I know we're not going to make a ton of money doing this stuff. I've kissed the American Dream good-bye. I don't look at solos with envy. I think that it's a hard life and very few make it. But, times are desparate, and I'm just looking to pay my bills and make it. It's foolhardy to sit by and watch the legal industry take a new shape... and hope and wish that it has a place for you in it.

That American Dream is looking more and more like an illusion than ever before and I'm trying to hustle to make a buck.

Just an Observation....

So, a typical day in Shit Law Practice is as follows:
I'd rush down to court to make 9:30 a.m. call. I'd roll in, right in the nick of time, and sit in the jury box (which is where the attorneys sat during call). I would look around at my peers in the jury box and I would notice, more often than not, I was one of a few ladies and I was the only minority. On occassion, I would see another minority. It was usually a black male. We would acknowledge each other as the outsiders with a very professional nod. At that point in my life, I felt like the law profession was an Old Boy's Club. Usually, old and white too. But this mirrored my experience in Law School--at least, in that most of the students were white. At the time, I guess I assumed that minorities didn't really go to law school in large numbers. Afterall, minorities weren't at my Law Firm either. And it was my understanding that there had never been a minority associate prior to myself. So, I took it as it was. Everyone was always pleasant with me. I didn't see it as a problem. I thought it was the way our profession was--mostly white and male.

When I went to a mid-level firm, my days in court were very similar to those days in shit law. I was often the only minority in the room, once again. It was reaffirmation of what I knew to be true.

Then, I went to Big Law. It was a whole new world. There were minorities everywhere. Even people of different sexual orientations and religious practices. I was so enthralled. How could this be? Minorities were seemingly absent from the legal industry from law school to shit law to mid-level firms... and then they appeared magically at the highest level of practice! It was quite a delight.

But then I found out that our presence in big law wasn't so much of a magical occurence. Big Law recruits minorities and women because it affects their Vault numbers. The fact that they went out of their way to recruit people like me made the law firm seem disengenuous. Shouldn't they just hire the best and brightest? I don't want to be given any handouts and the law firm's attempts to color the roster of the big firm made me question whether or not I deserved to be there... or was I just a tally mark for Human Resources?

But I grew to love the diversity of experiences there. And I do admit, it added a little something to the environment that had been lacking at my other firms.

But, eventually, I was laid off from Big Law. Now, I do document review. When I walk into my work room, I find that the majority of my fellow document reviewers are minorities--and female as well. Was this where they had been hiding all along? I see asians and hispanics and blacks and women and lawyers nearly old enough to retire.

I'm not sure if my observations are accurate. I can only speak to what I see. But, if I have seen an accurate cross section of the legal world, what does this say about minorities and women in the law? Maybe we are good enough to be at the top firms for their own purposes... but when the going gets tough, we are the first to get sacrificed.

You would be shocked at how many people who do document review were laid off from Big Law. Contrary to popular belief, it's not a refuge for those who couldn't do better. It seems to be a pergatory for those who did.