|
Turns out I'm going to be writing the portion of an MSJ response dealing with preemption. That's technically constitutional law... right?
|
#
?
Dec 9, 2010 01:56
|
|
|
|
| # ? Apr 29, 2024 12:51 |
|
|
TheBestDeception posted:Turns out I'm going to be writing the portion of an MSJ response dealing with preemption. That's technically constitutional law... right? I've described it on my resume as such so I certainly hope so!
|
|
#
?
Dec 9, 2010 02:02
|
|
|
Four Finger Wu posted:Hi I just wanted to introduce myself - I am an attorney in Los Angeles and I do high end estate planning. I haven't seen much talk about trusts and estates, but if anyone is interested in the practice, I am happy to answer questions or talk about it. Hey there! I'm finishing up my tax ll.m. at GULC, and I did their certificate in estate planning last year, which was pretty fun. We need more T&E people in here. I'm curious to see if Congress gets around to forcing 10 year terms on GRATs. Do you do any fiduciary litigation? I've spoken with a lot of T&E people around here who see that area as a growth area for T&E people.
|
|
#
?
Dec 9, 2010 03:30
|
|
|
Four Finger Wu posted:Hi I just wanted to introduce myself - I am an attorney in Los Angeles and I do high end estate planning. I haven't seen much talk about trusts and estates, but if anyone is interested in the practice, I am happy to answer questions or talk about it.
|
|
#
?
Dec 9, 2010 05:35
|
|
|
marry me, red bean juice; i have a lot to offer
|
|
#
?
Dec 9, 2010 06:07
|
|
|
Have any of you ever set up a trust for a dog?
|
|
#
?
Dec 9, 2010 08:04
|
|
|
Napoleon I posted:Have any of you ever set up a trust for a dog? The exams in my trusts class were closed book and really neurotic on details, so I basically just memorized all the small details I could and hoped for the best consequence of which is when I'm 80 and my brain's going and I don't remember my family and friend's names or the happy moments of my life I'll probably still know poo poo like that you can set up a non-charitable purpose trust for the care and upkeep of specific animals
|
|
#
?
Dec 9, 2010 08:15
|
|
|
Napoleon I posted:Have any of you ever set up a trust for a dog? http://en.wikipedia.org/wiki/Leona_Helmsley#Death
|
|
#
?
Dec 9, 2010 15:34
|
|
|
hypocrite lecteur posted:The exams in my trusts class were closed book and really neurotic on details, so I basically just memorized all the small details I could and hoped for the best I wanna know if you can do something where its for the care and upkeep of all animals the settlor has at death rather than specific ones. I guess it doesn't really matter unless you have dick heirs that would challenge it.
|
|
#
?
Dec 9, 2010 15:53
|
|
|
Napoleon I posted:Have any of you ever set up a trust for a dog? I have a client coming in today whose plan includes a set-aside for his dog.
|
|
#
?
Dec 9, 2010 16:08
|
|
|
Stumbled upon this thread and wanted to introduce myself -- Clerking for my second judge in two years. First judge was federal district court judge, second judge is a federal magistrate judge in the same courthouse. Located in the upper midwest / rustbelt. Just lined up a more permanent gig at an area law firm (I want to stay in the same geographical area, I was born/raised here and went to law school here). It took me a full year of clerking for one judge and four months of clerking for my second judge before getting my first firm job offer. Insane. Classmates from my TTT law school who didn't fare as well academically (but still did pretty well) are still hunting for jobs. Lesson: don't go to law school unless it's T14 if you want to reasonably be able to find a job when you get out. (I recognize I'm merely adding to the choir here). Willing to answer questions about clerking if people are interested.
|
|
#
?
Dec 9, 2010 16:12
|
|
|
schwein11 posted:Stumbled upon this thread and wanted to introduce myself -- Clerking for my second judge in two years. First judge was federal district court judge, second judge is a federal magistrate judge in the same courthouse. Located in the upper midwest / rustbelt. Just lined up a more permanent gig at an area law firm (I want to stay in the same geographical area, I was born/raised here and went to law school here). It took me a full year of clerking for one judge and four months of clerking for my second judge before getting my first firm job offer. Insane. Classmates from my TTT law school who didn't fare as well academically (but still did pretty well) are still hunting for jobs. Lesson: don't go to law school unless it's T14 if you want to reasonably be able to find a job when you get out. (I recognize I'm merely adding to the choir here). That's a strange step down. I asssume clerking for the magistrate after the district was driven by the economy?
|
|
#
?
Dec 9, 2010 16:26
|
|
|
stingray1381 posted:That's a strange step down. I asssume clerking for the magistrate after the district was driven by the economy? Pretty much. Although to be clear, I love my current job, and I'm very happy I was able to extend my stay in the courthouse for another year. As I said in my post, I wasn't able to line up a permanent post-clerkship gig until very recently (this week). I had a number of interviews over the course of last year, but no bites. Toward the end of the year, one firm told me they couldn't take me this fall, but if I found something to do for a year, they expected to able to take me then. Through connections with my then-boss and that firm, I landed the current gig with the magistrate. (and the job offer I recently accepted is from that firm, so it has, so far, worked out according to plan). I know it's odd to go from district to magistrate, but my current co-clerk did the same thing (although she is in a unique situation where she honestly can't know where she will be permanently until something is sorted out with her husband's work situation early next year). We both love it. Frankly, outside of the prestige or connections or whatever, I have never seen the appeal in moving "up" to the appeals court. My judge last year sat by designation on the circuit, and the actual work we did for that, and the way the workflow is there, is not nearly as interesting/fun to me as what we were doing at the district court level.
|
|
#
?
Dec 9, 2010 16:47
|
|
|
entris posted:I have a client coming in today whose plan includes a set-aside for his dog. Who is watching the trustee in these situations to make sure the money is spent on the animal and not a 6000+ sqft "dog house" for the dog + trustee and family?
|
|
#
?
Dec 9, 2010 16:53
|
|
|
poofactory posted:Who is watching the trustee in these situations to make sure the money is spent on the animal and not a 6000+ sqft "dog house" for the dog + trustee and family? Totally legit question and concern, but in this client's case we're talking about a small sum of cash, and the proposed caretakers are parents, siblings, or very good friend. I explained the risk to the client and explained that we could do a full-fledged pet trust, but he isn't worried about the risk and doesn't want to pay for the extra expense of a pet trust.
|
|
#
?
Dec 9, 2010 17:37
|
|
|
Napoleon I posted:Have any of you ever set up a trust for a dog? Yes I did a dog trust - it was pretty simple. It was a provision in the client's living trust. She left her dog to her two friends and put aside $150,000 to a separate trust, subject to CA probate code 15212 (the pet trust section), to pay $5,000 per year for the dog's benefit plus as much money as necessary for medical expenses. At the dog's death, it goes to the residual beneficiaries of the client's estate. I think sometimes they are more complicated, especially when a lot of money is involved and people are worried that the dog's caretakers will make off with the money. poofactory posted:Who is watching the trustee in these situations to make sure the money is spent on the animal and not a 6000+ sqft "dog house" for the dog + trustee and family? Practically speaking, it is the residual beneficiaries who end up monitoring this, because they are the ones who stand to lose if the trustee or dog-watcher blows all the money. If you make a charity the residual beneficiary they will watch it like a hawk. Also, you could make the dog-watcher and the trustee different people so that the trustee can control distributions of money as needed to the dog-watcher. Four Finger Wu fucked around with this message at 18:15 on Dec 9, 2010 |
|
#
?
Dec 9, 2010 18:05
|
|
|
Four Finger Wu - great name, great book.
|
|
#
?
Dec 9, 2010 18:57
|
|
|
schwein11 posted:the actual work we did for that, and the way the workflow is there, is not nearly as interesting/fun to me as what we were doing at the district court level. If you have a moment would you mind elaborating? I'm really curious what the differences were and why you found them to be significant.
|
|
#
?
Dec 9, 2010 19:32
|
|
|
jake1357 posted:If you have a moment would you mind elaborating? I'm really curious what the differences were and why you found them to be significant. The best way to describe a "day in the life" of a district court clerk, at least in my experience, is the following: on your way into work you think to yourself "ok, today I will do x project." That project is usually working on a draft of some opinion, more often than not a summary judgment opinion. Then you walk into work, and lo and behold, something pops up which devours your day which you never expected, be it a sentencing issue, a TRO, or just some research project that the judge pops into your office to tell you to work on. From my limited experience sitting by designation, but moreso from talking to appellate clerk friends, there is far more of a set, predictable routine to appellate clerking. You're assigned to a sitting that is x time away, the bench memos are divvied up between you and your co-clerks for that sitting, and you plod away on the bench memo, getting it done in time for the sitting / to share it with the panel if your judge shares memos. After the sitting, you ideally just turn your bench memo into the opinion (if your judge is assigned to write the majority). So that's one difference where I prefer the way the district court works. The other major difference that is a big deal for me is interaction with lawyers, and other judges and their clerks. As an appellate clerk, you see the lawyers' written product, and perhaps their oral argument. Period, end of story. As a district clerk, in addition to the formal briefs and in-court hearings/trials, I have sat in on countless conferences in chambers, shot the poo poo with AUSAs and other attorneys during downtime, called and answered calls from lawyers, etc etc. This is important to me because I clerked in the same geographical area in which I hope/plan to practice. Learning about the local bar and its characters is not only interesting to me, but I think will be useful once I begin private practice. Further, federal appeals court judges have their main bases of operation scattered throughout the circuit, and whenever your judge sits for oral argument, only a handful of the circuit's judges will happen to be there for the same sitting period. This, I think, tends to discourage interaction between chambers. Some of my best friends are people who clerked for a different judge than I, but in the same courthouse. You don't necessarily get that when your judge works in a nondescript office building. The last point I would make, is that the pace is different. Sentencing this afternoon? Ok, I will research x issue this morning and get it to the judge in time. TRO was filed this morning? Ok, I will research it to get a lay of the land in time for the (phone) conference later in the day. And so on. I will also say, I worked for an amazing district court judge, (and currently work for an amazing magistrate) and your mileage may vary -- every judge utilizes his or her clerks in their own unique way, and some of them do it in very different ways than what I experienced. I also am more interested in trial work, just as a general matter, so that probably contributes to my bias.
|
|
#
?
Dec 9, 2010 20:08
|
|
|
Four Finger Wu posted:DogTrust What happens when the beneficiary and trustee agree to "lose" the dog and split the money
|
|
#
?
Dec 9, 2010 20:11
|
|
|
Residual residual beneficiary
|
|
#
?
Dec 9, 2010 20:13
|
|
|
hypocrite lecteur posted:What happens when the beneficiary and trustee agree to "lose" the dog and split the money And assuming there is no other person watching the dog? If no one else knows about it, I guess they can keep the money. Of course, anyone who finds out can tell the attorney general who might enforce it and go after the trustee? I guess that is one reason to appoint an institutional trustee, they typically will not go in for such back door schemes.
|
|
#
?
Dec 9, 2010 20:38
|
|
|
schwein11 posted:
When you said you went to a TTT, is that a potshot at like, a good school, or did you really go to a TTT? Getting a federal clerkship is Goal #1 for me come August and any advice you can give on applications aside from the usual (get good grades, get profs on board, etc) would be great.
|
|
#
?
Dec 9, 2010 21:08
|
|
|
I didn't mean to derail the thread with a substantive question. Onto topics we care about, Berkeley has a place called Berkeley Bowl and I got a burrito yesterday that weight in at 2.1 pounds for 6 bucks. I break the diet during finals because next to boobs, food is my best self-medication.
|
|
#
?
Dec 9, 2010 21:12
|
|
|
sigmachiev posted:When you said you went to a TTT, is that a potshot at like, a good school, or did you really go to a TTT? Getting a federal clerkship is Goal #1 for me come August and any advice you can give on applications aside from the usual (get good grades, get profs on board, etc) would be great. I went to what is now a third tier law school according to the USNW rankings. It was second tier my first year, but then dropped. I would quibble with the third "T" with respect to my school -- I feel I received a very good legal education there, and I am supportive of my law school, but the sad fact is that our graduates are having a hell of a time finding jobs nowadays. As for applying, a lot of it you can't really control at this point (sounds like you're a 2L) -- e.g. your gpa isn't going to move much by application time -- but I would be sure to get professors on board before the summer. At least in my experience, Professors are not the easiest people to get a hold of during the summer months. I would also say that the whole hiring plan thing is breaking down, and more and more judges are dissatisfied with it. Every judge has his or her own criteria, but one which is often overlooked (especially for those areas not biglaw hubs), is some sort of connection to the area. Some judges don't care about this, but without knowing which judges do care about it, it can only help you to highlight any connection you have with the locale in your cover letter. Don't ramble in your cover letter -- keep it short and don't regurgitate your resume in it. The two most important things in the application packet are your cover letter and resume (at least in my experience), be sure those are as close to perfect as you can make them. Keep in mind it's a humongous crap-shoot right now. More qualified people apply than there are positions. Do you have a more specific question?
|
|
#
?
Dec 9, 2010 21:30
|
|
|
sigmachiev posted:I didn't mean to derail the thread with a substantive question. Onto topics we care about, Berkeley has a place called Berkeley Bowl and I got a burrito yesterday that weight in at 2.1 pounds for 6 bucks. I break the diet during finals because next to boobs, food is my best self-medication. I have nothing substantive to add
|
|
#
?
Dec 9, 2010 22:00
|
|
|
schwein11 posted:I went to what is now a third tier law school according to the USNW rankings. It was second tier my first year, but then dropped. I would quibble with the third "T" with respect to my school -- I feel I received a very good legal education there, and I am supportive of my law school, but the sad fact is that our graduates are having a hell of a time finding jobs nowadays. Was your law school, a private school in the Midwest and was your clerkship in the 7th circuit?
|
|
#
?
Dec 9, 2010 22:03
|
|
|
stingray1381 posted:Was your law school, a private school in the Midwest and was your clerkship in the 7th circuit? No on both counts - public school in the midwest, not 7th.
|
|
#
?
Dec 9, 2010 22:06
|
|
|
Outlining for another set of finals. The fun seems to be gone as a 3L Criminal Procedure: Brennan and Marshall dissent against a horrific majority opinion
|
|
#
?
Dec 9, 2010 22:17
|
|
|
My tax summary is up to 45 pages and I don't think it adds much substance beyond this 2-pager I got from an A+ student at a different school. Still gonna work on mine just in case  Btw dudes I finished all my papers. 35,000 words (not including footnotes) in around two weeks. If I get any lower/higher than a B I'm going to be pissed off/amazed, respectively.
|
|
#
?
Dec 9, 2010 22:38
|
|
|
Defenestration posted:You could technically combine boobs and food but...yick http://www.youtube.com/watch?v=LHchl4AxsE0
|
|
#
?
Dec 9, 2010 23:12
|
|
|
Defenestration posted:You could technically combine boobs and food but...yick Are you suggesting he put cheese on his burrito?! Cheese on burritos is great.
|
|
#
?
Dec 10, 2010 00:40
|
|
|
Defenestration posted:You could technically combine boobs and food but...yick www.cakefarts.com of course
|
|
#
?
Dec 10, 2010 00:41
|
|
|
Chakron posted:http://www.youtube.com/watch?v=LHchl4AxsE0 Not going to click this because I'm in the library, but I'm going to wager that it's a relevant Seinfeld link
|
|
#
?
Dec 10, 2010 00:51
|
|
|
The Arsteia posted:Not going to click this because I'm in the library, but I'm going to wager that it's a relevant Seinfeld link He flew too close to the sun on wings of pastrami.
|
|
#
?
Dec 10, 2010 01:00
|
|
|
The Arsteia posted:Not going to click this because I'm in the library, but I'm going to wager that it's a relevant Seinfeld link It is pretty relevant though
|
|
#
?
Dec 10, 2010 01:07
|
|
|
Defenestration posted:You could technically combine boobs and food but...yick
|
|
#
?
Dec 10, 2010 01:58
|
|
|
schwein11 posted:<clerkship stuff I clerk at the circuit court level in Michigan (general trial jurisdiction) and much of what you said applies. The bulk of my week is spent (theoretically) working towards our Friday afternoon SD motions, but in reality that's just what I do when I'm not dealing with whatever came up RIGHT NOW. (Dear attorneys who decide to submit a reply to a response to a motion for summary disposition at 3:30 on Wednesday afternoon: I hate you.) The other big event in my week are the pro per paperwork reviews in anticipation of our Friday morning pro confesso hearings. Sometimes those can be fun, but I much prefer the whims of the research schedule. I always prefer the criminal issues, but you never know what's going to cross your desk on a given day and sometimes it can be surprisingly novel or entertaining.
|
|
#
?
Dec 10, 2010 02:59
|
|
|
Evidence final down. Con Law in the morning. I've never wanted to drink 10000 beers more in my entire life than right now.
|
|
#
?
Dec 10, 2010 04:48
|
|
|
|
| # ? Apr 29, 2024 12:51 |
|
|
Just finished my Admin Law case map, complete with title "THE BIG PIMPIN ADMIN LAW CHART" and sketch of Scalia going "legit (unlike Brand X)" in the corner
|
|
#
?
Dec 10, 2010 05:12
|
|
