Official Publication of the Minnesota State Bar Association


Vol. 61, No. 5 | May/June 2004
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The Minnesota Lawyer Placement Protocol
By Nathan Krahn

New lawyers often find it difficult to determine what type of law they would like to practice.  The question is often so puzzling that new attorneys now go through hours of angst and waste years of their lives doing something that irritates them, drives them crazy, or, at worst, they hate.  Indeed, the phenomenon affects even those considered more experienced attorneys. 

But hope to ameliorate the problem of unfulfilling legal careers and to find for attorneys the type of practice most suited to their individual abilities is not lost.  In the same spirit that gave rise to Minnesota’s contributions to medicine (artificial heart valves), psychology (MMPIi test), machinery (the snowmobile) and food products (SPAM), a local university has developed a scientific method that has shown promising success in laboratory testing.  Attorneys are designated for certain legal fields by the manner in which they fish for walleye.*

RESULTS OF TESTING

Plaintiff’s personal injury attorneys go fishing by catching as many fish as possible of whatever type and call it a successful day if 42 percent of the fish are walleyes, which means that they can cover the cost of boat rental, beer, minnows, GPS system, and a new putter for that golf trip to Arizona.  A plaintiff’s no-fault attorney uses the same process but after the attorney catches just a few walleye, the number of walleye in the live well will exponentially increase to 2,000 over the legal jurisdictional limit.  A plaintiff’s workers’ compensation attorney catches a group of fish, as long as it contains at least one walleye, makes a fee request for time spent catching all of the fish, and then settles the fee claim for the time actually spent catching the walleye.  Crafty workers’ compensation plaintiff’s attorneys get nonlawyers to do all the fishing, cleaning, and cooking but will eat the end result.  Plaintiff’s railroad injury attorneys get to know the people running the fish hatcheries and wait to be told when the walleye are released before swooping in with huge nets to catch all of the fish they can.

Personal injury defense attorneys hire a guide from a service that charges $1,500 for 30 minutes of time and the guide, miraculously, always manages to find a walleye, even if the walleye sometimes looks suspiciously like a northern pike.  Really smart personal injury defense attorneys make their junior colleagues do the above process and then, if one of the associates miraculously catches a walleye, the more experienced attorney keeps the fillets.  No-fault defense attorneys fish for walleye by determining when a reasonable fishing season should end, (usually eight to twelve weeks after it started unless they objectively find a walleye) fish until that time whether or not they catch a walleye, and then describe it as a successful fishing season.  Workers’ compensation defense attorneys do not fish because they have never seen a bona fide walleye, and even if they saw a fish that looked like a walleye, it really was a malingering sunfish.

MORE RESULTS

This revolutionary technique has also proven effective in several other legal fields.  Appellate lawyers no longer go fishing.  They wait until all the fish are caught, cleaned and cooked and then argue about what would have been better methods for doing all of the above.  Experienced appellate lawyers will at least see who is on the panel of state game wardens before they start their arguing why the fishing limit is not really a limit.  Environmental lawyers don’t fish; they wait on shore and examine the statistics regarding the location of the fish caught and then advocate new fishing regulations ensuring that only lawyers from their firm can catch walleyes next year.  Bankruptcy lawyers fish only after spending 90 days arguing over which of the recently purchased fishing boats must be liquidated to pay for cabin rental and beer.  Experienced bankruptcy lawyers will make sure it was the boat the associates were going to use.

Family law attorneys enjoy fishing for walleye until it comes to dividing up the fish. Some family law attorneys argue that they deserve an equal share of the total catch of the day since one boat supported the other boat with sandwiches and beer. Other family law attorneys will counter that each boat caught its own fish and brought its own fish into the cleaning house and therefore each boat should take away only what it brought in. Often family law attorneys will dispute the possession of frozen fillets in a freezer years after a fishing season is over.

Legislative lawyers and lobbyists do not fish, but believe that it is only a matter of time until the walleye really mean business and form their own political action committee. adr neutrals do not fish either but go out on a boat to get others to share the lake and then send a bill for their time to everyone who bought licenses that season.

CONCLUSION

The Minnesota Lawyer Placement Protocol has been found to be the single best method of determining the type of legal vocation for an attorney in Minnesota and is pending federal approval. Other promising methods are being researched in other states such as Wisconsin (how a lawyer avoids speeding tickets from Wisconsin state troopers), Iowa (how a lawyer argues that corn and hogs are the backbone of the American economy), South Dakota (how a lawyer takes economic advantage of out-of-state pheasant hunters), and North Dakota (how a lawyer justifies living in North Dakota).

*No actual walleye were harmed in laboratory testing.  For those who may not know, a walleye is a prized Minnesota trophy fish.  So prized in fact, anglers are brave enough to endure the maternal and/or marital consequences of attending the fishing opener often set on Mother’s Day weekend.


NATHAN KRAHN is an attorney with Rider Bennett in Minneapolis.  While he practices mostly defense work he occasionally dips a toe in a plaintiff’s case.  As such, he believes walleye exist metaphysically in every lake; just not in many of the lakes he has fished.