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    Wisconsin Lawyer
    December 01, 2001

    Wisconsin Lawyer December 2001: Military Lawyers 3: A Sense of Duty

     

    Closing Shop

    Preparing for activation is difficult – especially for small firms and sole practitioners. These pointers can help ease the challenge.
    Preparing to Mobilize

    Terence McArdle has split his 22-year law career almost evenly between private practice and the military. A Vietnam vet when he went to law school, he graduated in 1979. He then went to work in his father's law firm in La Crosse and joined the Army National Guard. After his father died, McArdle decided he needed a career change. With 10 years of private practice behind him, he took a job as a full-time Guard attorney at headquarters in Madison.

    "I'd expected to come down here for a three-year tour," he says. "That was 12 years ago." McArdle now holds the rank of Deputy State Judge Advocate, reporting directly to the Guard's head lawyer. "One of the main things we do here," he says, "is to make sure that soldiers are ready for mobilization."

    "For lawyers, the readiness steps vary depending upon type of practice. Sole practitioners and attorneys in small firms face the toughest challenges," McArdle says. He offers a few basic pointers on preparing for activation:

    • Have a good tickler system. Every lawyer needs a system to stay on top of court dates and deadlines. That's all the more critical when you face turning over cases to other attorneys. Safeguard against anything falling through the cracks. "Inform your clients of those dates, too," McArdle advises, "so they know they'll have to make sure things get done on time."

    • Enlist backup attorneys. The number you need depends upon your practice. For instance, you might farm out family law cases to one lawyer, probate work to another. In some communities, you may have to look out of town to find the right attorneys. "Keep track of who's doing what in your county bar," McArdle suggests.

    •Tell your clients. When should you tell clients that you might be leaving? "There's no hard-and-fast rule," McArdle says. "Have a letter ready, to be sure. But he cautions against telling clients too much too soon and unnecessarily upsetting them - especially in a time when people have plenty to be upset about already. "Most units get a warning order some days before the actual orders to report for duty," McArdle says. "When the unit gets the warning order, it informs all its members. At that point, it would be proper to inform your clients."

    For more information on preparing for mobilization, see www.abanet.org.

     

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