On Wednesday I rolled the boulder to the top of the hill. Then, on Thursday the mammoth stone ball rolled back down the hill: right over me. Then, on Friday, I was obviously crushed. These three days evoked an array of differing shades of horrible. The mysterious "will to continue" vanished; no snap of the fingers need apply.
Every day is becoming a burden. Every morning's wake up more difficult than the last. Every night is getting later. I need to move to a place where beds are unnecessary. A place where the sun shines 23 hours a day. Yeah. Ireland make room for a weary law student.
Michelle turned to Megan in torts on Wednesday. Michelle to Megan: "What I need to do is go to sleep, and just not wake up for a long, long time." Megan responded: "I do believe that is what learned people refer to as death." It was at this moment that I piped in. "I am strangely becoming comfortable with death," I quipped back. We law students are sick people. There must be an 'auto-off' switch that is triggered in the brain when one enters purgatory - oh, yes - when law school begins, areas of the organ sitting in the skull become dormant in order to supply blood to the portion of the brain that regulates suicide and the need to be social. The areas that cease working are probably the happy factory - the producer of all that is good in life - and the dumb question authority that would normally tell a person that their question is not only a waste of time, but entirely idiotic.
I like to think that my brain has enough supplies to last until the end of the semester. The winter is rolling in with a iron fist, so I cannot make any promises to the foregoing. I feel like the German Army in Russia: even if I do not make it the first time, I tell myself that the next time will go differently. Somebody should have told the Germans about the Russian winter, they are bad every single year. They were not in a 'if at first you do not succeed…' scenario. Although I am in the same Russian boat, I am a bit more lucky and educated than the twice-failed German army: I have people who remind me constantly that if I think it is cold in New York now, that I am in for a 'treat' when two-weeks pass. Thinking about parting with my sandals makes me want to cry. But then I say to myself: "What good will crying do? Tears freeze!"
On the actual school front, the third legal writing paper has chipped away at my sanity. Ten pages of memorandum is enough to crack the aforementioned boulder. Sadly, the boulder did not crumble. It was so solid that even a crack did not stop it, and we know what happened with the boulder and I. Not a good story.
Thursday was spectacular. It was awesome. It was a spectacular day for the health insurance companies, and an awesomely bad day for me. The move across the country, for some reason, was not compatible with health insurance. I had planned to use the entire afternoon to write the memorandum that is collected this coming Tuesday, but nothing I want happens. Ever.
All I wanted was a Doctor. I needed a specialist. I was in an emergency situation. I needed rescue, and all that was available was FEMA. Basically, I had no help. Nearly seven hours and calls to over 50 doctors later, I was right back where I started: I was at the start, only later. Three calls to the insurance company - thankfully located on the West Coast, giving me more time - and I was no further along than I was when the adventure in doctor finding began on Monday. After playing games, I was assured that I would receive a call by the call-center supervisor the following morning with answers and was made numerous promises - promises that could only be verbal as it is company policy that nothing can be put in paper - that I had no way of ensuring would be kept. I was actually able to make an appointment with a doctor, though I never did receive a call from the supervisor who, like a dramatic spouse, told me that she had not ever lied to me before and would follow through, and in order for our 'relationship' to work, I needed to show some trust. I replied with a semi-giggle and that "I am not in this for a relationship, all I want is an appointment with a doctor. " It seems our 'relationship' was doomed from the beginning.
On top of the Great Insurance Fiasco of 2007 and the Memorandum Meltdown of New York, I was dealing with a Halloween Party. Normally, a party is not a big deal. However, this was problematic because Lindsay (the roommate) and I had decided we would host said party. Oh life! Why did I not look at a calendar?
I am not the biggest fan of secondary holidays (Valentine's Day, Halloween, St. Patrick's Day and the like) and was not thrilled to celebrate the 31 of October this year, but alas, it is a great excuse to socialize and forget about the lack of happiness in my life.
I do, however, live the words of my grandmother: Try everything twice and anything worth doing is worth doing well. I go full force into everything. Nothing but the best, regardless of my hatred of the day. I dressed up in a classic costume, though it had implications that I was not cognizant of until after the body paint was applied. (There would be no women within a close proximity to my face until the oil-based paint was removed. Oh well.) Pictures are available upon request.
The evening was interesting. No other word describes it with more quality. There was very little couch, cushion, and extra mattress space for people to use for sleep. Comfort was at a premium. When the bar visit concluded, we all went back to where the party started (my house) and stayed for the night. Later in the night, I was blessed with the opportunity to clean partially digested pizza and alcohol in the form of regurgitated matter from my bed, compliments of one of my friends. To exact my revenge upon having to clean my bed, my floor and my carpet, I decided it best to give the USC-hating, Reggie-Bush-loathing, Texas-fan-of-a-friend a USC shirt with Reggie Bush on the front. She was surprised when she woke up the next morning.
Revenge is a way of life.
Lindsay set up the party plans and logistics, while I took care of the mass communication of those plans to all who wished to attend. I sent out two emails to those friends lucky enough to be a part of the guest list, both of which were, for reasons I do not know, heralded as a hilariously great break to the recipients day. I attribute them to my boredom and nothing more, but, for posterity, I have pasted the text below for the record and insight into my mind (and week).
I bid the mess of this week adieu. With any luck, it shall soon be forgotten. Fare-the-well.
The previously mentioned Emails follow:
-----
EMAIL ONE - October 23, 2007 - Details, Details
All-
If you have not yet RSVP'd in the affirmative (Nelson), you should probably get on that. It would be a shame for the people who refer to themselves as my friends to miss out on what will probably be the most awesome Saturday in the history of October 2007. The party will be that good.
Memorandums, reading, pancreatic pains, highlighting, washing your hair, tornadoes and picking your nose will not suffice as an excuse. High expectations, people.
The festivities will start whenever people arrive, and will end whenever people leave. Somewhere in the middle of the party, we will be going to a bar (so I am told). The bar is not too far from our domicile, so Taxis shall be the transportation of choice. Bring a couple bucks for the ride there and back. If you wish to sleep at Chateaus 'H', you are more than welcome. We have couches, mattresses, carpeted floors and other locations (depending on how inebriated I get) for you to partake in slumber. Friends don't let friends drink and drive.
Inasmuch as Lindsay and I would like to think of ourselves as rich, we merely know a guy with that name. Our poor selves can only supply so much liquid joy for the group, so we are asking everybody to bring their favorite water-based party-in-a-bottle to share with the party people, or just me. You do not have to go overboard (unless you dress up as a pirate), but show your enthusiasm by donating.
Costumes are required. If this were any other day, costumes - as well as clothing - would be optional. But, alas, this is a Halloween shindig. If the alcohol makes you want to remove your costume - or clothes - Lindsay approves. However, come dressed as something because those are the rules.We do not make them, we just enforce them. We have been teaching the dog how to attack people with ferocity, and she is ready to bite the ankles of anybody without a costume. Don't test her limits, [the dog] has a temper (in addition to a big bladder).
Questions? Comments? Concerns? Ask Lindsay. When she fails, then come to me.
Yar,
-'H'
-----
EMAIL TWO - October 26, 2007 - What You Need Other Than Alcohol and 'H'
You are joyful. You are excited. Heck. Let's face it: you cannot control your glee. I understand what you are going through. The best night of our adult lives is about to occur, and we just cannot wait.
You think you have it all: new Gucci sunglasses, a special edition Prada handbag (Nelson has a man-bag), a personalized, autographed picture of Prince singing Purple Rain (complete with the sheen of sweat showering from the body part formally known as his face) and a Civil Procedure textbook. What else could you possibly want?
"Nothing", you say. "My address", I scoff in disbelief.
How are you supposed to arrive at the party of your dreams if you do not have the address? Perplexing!
Well, people: Luckily I have that which you need!
[Insert Address Here]
For more information or more directions when you somehow, without reason, get lost, call H or Lindsay (Not necessarily in that order)
For relationship advice, call Dr. Phil
For a good time, call Justin. (I give no guarantees.)
Peace, love and death to those who attempt to attend without a costume,
-H
P.S. Killer (a.k.a. The Dog) says "Grrr!"
Saturday, October 27, 2007
Wednesday, October 24, 2007
TWO New Posts
Be sure to check out the latest posts. There are two. October 22 and October 23.
October 23 was posted before October 22, so check out the 22nd if you have read just the 23rd.
Cheers!
October 23 was posted before October 22, so check out the 22nd if you have read just the 23rd.
Cheers!
Tuesday, October 23, 2007
Answering The Question, and Not Laughing - October 23, 2007
The day can be summed up best by a quote from my Civil Procedure Professor.
"I'm laughing and you are laughing, but you are the one who has to answer the question."
The day was not good in the least. It was a Tuesday, for crying out loud. Tuesdays are not supposed to be rough. Bad days are earmarked for Mondays, Wednesdays, exam days, and those days following sleepless nights. As a result of this bad day, tomorrow will likely be worse than slated.
The day was not necessarily bad as a result of classes alone, or even because of a single incident, but is, perhaps, the result of the mixing of many stressful, burdensome and busy ingredients. I had the equivalent of a mid-life crisis-turn nervous breakdown with a hint of anxiety attack.
I am the product of over-achievement. Usually, this would be a fine trait. However, I am not used to having to work hard for what I accomplish. The truth bears its white-head and bursts when the time comes to apply yourself. If you have not built the foundation for a solid work ethic, you have to begin at the bottom. Twenty-three years of natural success has turned into the quintessential blessing. However this blessing was a disguise for flaw, and the flaw is catching up to me.
My normally happy self was anything but jovial today. I am known by my friends as the one who can make anybody laugh, making me a valuable resource to the group (I like to believe). Making other people happy has kept me happy.
But, something happened yesterday - the iron beam that broke the rhinoceros' back. I have no idea what it was. I do have some ideas.
Legal writing constantly burdens my brain with an overabundance of work. Civil procedure grades were due today. Then the grades were postponed. We fell victims to a sneak-attack when emails from the Law School registrar were received with our grades. I did very well, though not as well as I had hoped - the downfall of the overachiever.
No matter how I do, I know I will be successful in life. I know very little, but I do know that much. I also know that I have always been harder on myself than my parents ever were or could be. Heck, even they understood this oddity - they gave up trying to sway my opinion or convince me of that which I do not believe a long time ago (though my father often gets much joy out of seeing how upset and impassioned he can make me on a political issue). I have not been too happy about their apathy in my decisions, though I understand that it is futile a great majority of the time. I often, with a straight face, sought to convince my mother of my wish to drop out of the top university I was attending to seek an education at clown school. These statements were always met with the same statement: "I know you will do what is right for you." Be it the Jewish guilt my mother employs or simple apathy, they stopped trying because I try hard to achieve.
However, trying hard to achieve does not mean I work hard when I do the achieving. And, as I say, this was not good. I am now paying the price, and I am working myself into a frenzy. The mixture of a new geographic area, new social settings, a new climate, being in professional school with a harsh grading curve, a packed academic schedule and the distance from my family is boiling near the edge of the pot. Hopefully I can contain the mixture, not losing it to evaporation or the sizzling stove (read: law school).
I did, however, enjoy a great success. My civil procedure professor refused to release any statistics of the midterm grading (mean, median, mode and any grade distribution). Upon receiving my grade, it really did not have much meaning. I did not know whether to trudge on in my unhappiness or be happy in comparison. I needed more information, so I decided to construct an email, as is posted below with a response (names and identifying information redacted).
----
Subject: Not about my grade.
------------------------
From: H
To: Professor
Date: Tue, Oct 23, 2007 at 5:40 PM
Professor,
To clear the air, I am not writing this email to argue or question my grade. I want to relay another sentiment to you.
I understand that you do not believe that dispersing a grade distribution would help my peers (and myself) in any way, but my grade means very little to me unless I know how I did in comparison to my classmates. I could have received a 24.5, and if everybody else in the class received a 25, I would know that I need to work harder. Now, I recognize that everybody was graded on the same scale, and that the exam was not curved, but I have no way of measuring my success unless I know how this success would translate were it the final examination. I do not know whether to change my study habits because I did poorly in comparison to those around me, or if I should utilize those same habits on the final. I want to get the highest grade in the class, and I know every other student shares the same sentiment. We are all aiming to be at the top, but we have no clue where the summit of the mountain lies, nor do we know where on the mountain we currently stand. To scale the mountain, I need a map.
I do not envy professors and the entire grading process. So, thank you for everything thus far.
Just a respectful thought.
-----
From: Professor
To: H>
Date: Tue, Oct 23, 2007 at 5:46 PM
"H", You make an excellent argument and have convinced me to change my
mind. The Registrar calculated the average grade for the class, and it
is #. I will post that info ... so that everybody will know.
Thanx for pursuing the point in such an effective and appropriate way.
-----
Yes, the professor used the shorthand "thanx".
Anyhow, I attempt to do work amid this harsh day. At least I yielded one victory today.
The professor is still laughing.
"I'm laughing and you are laughing, but you are the one who has to answer the question."
The day was not good in the least. It was a Tuesday, for crying out loud. Tuesdays are not supposed to be rough. Bad days are earmarked for Mondays, Wednesdays, exam days, and those days following sleepless nights. As a result of this bad day, tomorrow will likely be worse than slated.
The day was not necessarily bad as a result of classes alone, or even because of a single incident, but is, perhaps, the result of the mixing of many stressful, burdensome and busy ingredients. I had the equivalent of a mid-life crisis-turn nervous breakdown with a hint of anxiety attack.
I am the product of over-achievement. Usually, this would be a fine trait. However, I am not used to having to work hard for what I accomplish. The truth bears its white-head and bursts when the time comes to apply yourself. If you have not built the foundation for a solid work ethic, you have to begin at the bottom. Twenty-three years of natural success has turned into the quintessential blessing. However this blessing was a disguise for flaw, and the flaw is catching up to me.
My normally happy self was anything but jovial today. I am known by my friends as the one who can make anybody laugh, making me a valuable resource to the group (I like to believe). Making other people happy has kept me happy.
But, something happened yesterday - the iron beam that broke the rhinoceros' back. I have no idea what it was. I do have some ideas.
Legal writing constantly burdens my brain with an overabundance of work. Civil procedure grades were due today. Then the grades were postponed. We fell victims to a sneak-attack when emails from the Law School registrar were received with our grades. I did very well, though not as well as I had hoped - the downfall of the overachiever.
No matter how I do, I know I will be successful in life. I know very little, but I do know that much. I also know that I have always been harder on myself than my parents ever were or could be. Heck, even they understood this oddity - they gave up trying to sway my opinion or convince me of that which I do not believe a long time ago (though my father often gets much joy out of seeing how upset and impassioned he can make me on a political issue). I have not been too happy about their apathy in my decisions, though I understand that it is futile a great majority of the time. I often, with a straight face, sought to convince my mother of my wish to drop out of the top university I was attending to seek an education at clown school. These statements were always met with the same statement: "I know you will do what is right for you." Be it the Jewish guilt my mother employs or simple apathy, they stopped trying because I try hard to achieve.
However, trying hard to achieve does not mean I work hard when I do the achieving. And, as I say, this was not good. I am now paying the price, and I am working myself into a frenzy. The mixture of a new geographic area, new social settings, a new climate, being in professional school with a harsh grading curve, a packed academic schedule and the distance from my family is boiling near the edge of the pot. Hopefully I can contain the mixture, not losing it to evaporation or the sizzling stove (read: law school).
I did, however, enjoy a great success. My civil procedure professor refused to release any statistics of the midterm grading (mean, median, mode and any grade distribution). Upon receiving my grade, it really did not have much meaning. I did not know whether to trudge on in my unhappiness or be happy in comparison. I needed more information, so I decided to construct an email, as is posted below with a response (names and identifying information redacted).
----
Subject: Not about my grade.
------------------------
From: H
To: Professor
Date: Tue, Oct 23, 2007 at 5:40 PM
Professor,
To clear the air, I am not writing this email to argue or question my grade. I want to relay another sentiment to you.
I understand that you do not believe that dispersing a grade distribution would help my peers (and myself) in any way, but my grade means very little to me unless I know how I did in comparison to my classmates. I could have received a 24.5, and if everybody else in the class received a 25, I would know that I need to work harder. Now, I recognize that everybody was graded on the same scale, and that the exam was not curved, but I have no way of measuring my success unless I know how this success would translate were it the final examination. I do not know whether to change my study habits because I did poorly in comparison to those around me, or if I should utilize those same habits on the final. I want to get the highest grade in the class, and I know every other student shares the same sentiment. We are all aiming to be at the top, but we have no clue where the summit of the mountain lies, nor do we know where on the mountain we currently stand. To scale the mountain, I need a map.
I do not envy professors and the entire grading process. So, thank you for everything thus far.
Just a respectful thought.
-----
From: Professor
To: H>
Date: Tue, Oct 23, 2007 at 5:46 PM
"H", You make an excellent argument and have convinced me to change my
mind. The Registrar calculated the average grade for the class, and it
is #. I will post that info ... so that everybody will know.
Thanx for pursuing the point in such an effective and appropriate way.
-----
Yes, the professor used the shorthand "thanx".
Anyhow, I attempt to do work amid this harsh day. At least I yielded one victory today.
The professor is still laughing.
Monday, October 22, 2007
Monday Monday - October 22, 2007
"Monday morning did not give me the warning…" but it did yield an honest effort on my part to indoctrinate the spawn of Satan (read: eighth grade students) with the ins-and-outs of the civil law trial system in a one-hour time period.
Putting aside my wholly traumatic experience when I was in eighth grade, I gave up on the estimated 15 miserable students today. What was I to do? Uncontrollable, unintelligible and disrespectful only minutely describe the trauma I experienced at the hands of these students.
The Mock Trial Enrichment Program is a service of the Law School. Volunteers are rocketed into local classrooms in an attempt to give young people, grades six to eight, a view of the legal system. One Monday per week for three weeks the hour long sessions build knowledge of either the civil or criminal law systems and culminate on the third week with the students carrying out a mock trial. The learning curve is steep.
The first class is tenuous. We must get the procedural and background information into the dense skulls of the students. The hour is very information-based and entirely boring to young minds. I did ponder the merits of corporal punishment in a brief wish to revisit the 1800s and early to mid-1900s. The little devils ran me ragged. It is hard enough to ensure the students can understand what the burden of proof in a civil trial entails, nonetheless being able to teach them how to spell preponderance. Life was tough for this volunteer.
The shining example of what I dealt with was three rows back and fast asleep. The topic was so interesting that the student wished to dream about it. I was also dealing with the comical faux-pas of television depictions of the legal system, namely Law and Order, and the answer to one of my first questions to the class. "How many of you have a parent, siblings, aunt or uncle who practices law?" I had forgotten that I was in a Jewish school, and realized the truth: as somebody has assuredly said, stereotypes are all grounded in some fact (regardless of how minuscule or extraneous said fact may be in some cases).
All but two hands when up. Jewish attorneys? Who knew!
I had the anti-cherubs ready to run home to test my teachings. I am assured to be corrected if I am not clear and factual in my teachings. I needed to be and was very solid. Solid with exception to the Back-Row-Sleeper.
I got through the class, and even gave the students some time to ask me any legal related questions that they would be comfortable asking their teacher. I wanted to protect myself from them, and I needed to.
Next week, my tactics will change.
As my parents so fondly say: "When I stop having fun, they will stop having fun." They are lucky, for I am all about having fun. I just have to be strategic in how it is accomplished. For now, the "evil" - that is those eighth graders - are on their own. I gave the kids I loved homework: reading the case materials (witness statements and such).
In addition to dealing with perfect angels, I left my computer at home. I did, however, remember my power cord. I would not want the battery to run out. I was lost in life. What was I to do? Take notes by hand? Who am I kidding. The mini-machine runs my school life. I have become very much dependent on it, and, as those around me will agree, I was very disheveled. Note to self: power cords are no good without something to power. Oh well.
I had another Student Bar Association meeting. After volunteering, I rushed back to school to join the meeting, which always proves to be amusing. The chair usually discusses needless items, is off topic and redundant, and is redundant, and is redundant. Oh well. He is a great guy, and his head is in the right place. And is redundant.
Another client bites the big one as well. We were told that it is a rarity for clients to not follow through with the advocates on a case because they need us. Again, my luck shines through. Two in a row is spectacular, but in the very negative sense. The newest dropout did not return any of our 6 phone calls and three messages. Nelson is a little incensed, and I am not stopping him. With how things are going, I feel bad for our next client, for they deal with the wrath of Nelson and I. Poor unemployed client.
In the unemployment system, the people are represented by two separate yet equally important groups: the Nelson who intimidates the opposing party and his partner who is a verbal menace. This is my story.
When next Monday comes, law and order shall be kept.
Putting aside my wholly traumatic experience when I was in eighth grade, I gave up on the estimated 15 miserable students today. What was I to do? Uncontrollable, unintelligible and disrespectful only minutely describe the trauma I experienced at the hands of these students.
The Mock Trial Enrichment Program is a service of the Law School. Volunteers are rocketed into local classrooms in an attempt to give young people, grades six to eight, a view of the legal system. One Monday per week for three weeks the hour long sessions build knowledge of either the civil or criminal law systems and culminate on the third week with the students carrying out a mock trial. The learning curve is steep.
The first class is tenuous. We must get the procedural and background information into the dense skulls of the students. The hour is very information-based and entirely boring to young minds. I did ponder the merits of corporal punishment in a brief wish to revisit the 1800s and early to mid-1900s. The little devils ran me ragged. It is hard enough to ensure the students can understand what the burden of proof in a civil trial entails, nonetheless being able to teach them how to spell preponderance. Life was tough for this volunteer.
The shining example of what I dealt with was three rows back and fast asleep. The topic was so interesting that the student wished to dream about it. I was also dealing with the comical faux-pas of television depictions of the legal system, namely Law and Order, and the answer to one of my first questions to the class. "How many of you have a parent, siblings, aunt or uncle who practices law?" I had forgotten that I was in a Jewish school, and realized the truth: as somebody has assuredly said, stereotypes are all grounded in some fact (regardless of how minuscule or extraneous said fact may be in some cases).
All but two hands when up. Jewish attorneys? Who knew!
I had the anti-cherubs ready to run home to test my teachings. I am assured to be corrected if I am not clear and factual in my teachings. I needed to be and was very solid. Solid with exception to the Back-Row-Sleeper.
I got through the class, and even gave the students some time to ask me any legal related questions that they would be comfortable asking their teacher. I wanted to protect myself from them, and I needed to.
Next week, my tactics will change.
As my parents so fondly say: "When I stop having fun, they will stop having fun." They are lucky, for I am all about having fun. I just have to be strategic in how it is accomplished. For now, the "evil" - that is those eighth graders - are on their own. I gave the kids I loved homework: reading the case materials (witness statements and such).
In addition to dealing with perfect angels, I left my computer at home. I did, however, remember my power cord. I would not want the battery to run out. I was lost in life. What was I to do? Take notes by hand? Who am I kidding. The mini-machine runs my school life. I have become very much dependent on it, and, as those around me will agree, I was very disheveled. Note to self: power cords are no good without something to power. Oh well.
I had another Student Bar Association meeting. After volunteering, I rushed back to school to join the meeting, which always proves to be amusing. The chair usually discusses needless items, is off topic and redundant, and is redundant, and is redundant. Oh well. He is a great guy, and his head is in the right place. And is redundant.
Another client bites the big one as well. We were told that it is a rarity for clients to not follow through with the advocates on a case because they need us. Again, my luck shines through. Two in a row is spectacular, but in the very negative sense. The newest dropout did not return any of our 6 phone calls and three messages. Nelson is a little incensed, and I am not stopping him. With how things are going, I feel bad for our next client, for they deal with the wrath of Nelson and I. Poor unemployed client.
In the unemployment system, the people are represented by two separate yet equally important groups: the Nelson who intimidates the opposing party and his partner who is a verbal menace. This is my story.
When next Monday comes, law and order shall be kept.
Friday, October 19, 2007
Intense Nonsense - October 19, 2007
The first letter grade was delivered to my hands today. Legal Writing is looking up, for now. Receiving an A, even if it only counts for a minuscule portion of the overall grade is relieving. Again, validation is the key to my sanity. Without validation, I am nothing at all. I would definitely be going crazy right now, just like, as it seems, half my peers.
Fridays are a good day, because I get to sit in class with one of my more favorite professors, and then I go home. When life is this simple, good things result. I usually waste-away the remainder of my Fridays, filling my mind with the crud that fills the cable box.
I went to lunch with Rori. Every time I go to lunch with one of my friends, it rains. And, as I am quickly finding, when it rains in New York, it pours. Again, the rain pummeled the roads. As I tell all my New York colleagues, the lightest rain in New York thus far would beat the hardest rains in California. It is intense.
Client number three has been contacted. No reply today. I am not enjoying the lack of drive some of these people have. I theorized that clients who have pro bono representation would be driven to work harder and treat with more respect their counsel. I was wrong.
Last night the crew went to a Karaoke bar. Well, we did not know it was karaoke night until we walked in. Mass hilarity ensued. These nights are the ones that I look forward to because, for a brief time, I am enabled the opportunity to forget that i am a Law Student, and I get to enjoy life. The most simple elements of life are becoming my favorites.
Oh life.
Fridays are a good day, because I get to sit in class with one of my more favorite professors, and then I go home. When life is this simple, good things result. I usually waste-away the remainder of my Fridays, filling my mind with the crud that fills the cable box.
I went to lunch with Rori. Every time I go to lunch with one of my friends, it rains. And, as I am quickly finding, when it rains in New York, it pours. Again, the rain pummeled the roads. As I tell all my New York colleagues, the lightest rain in New York thus far would beat the hardest rains in California. It is intense.
Client number three has been contacted. No reply today. I am not enjoying the lack of drive some of these people have. I theorized that clients who have pro bono representation would be driven to work harder and treat with more respect their counsel. I was wrong.
Last night the crew went to a Karaoke bar. Well, we did not know it was karaoke night until we walked in. Mass hilarity ensued. These nights are the ones that I look forward to because, for a brief time, I am enabled the opportunity to forget that i am a Law Student, and I get to enjoy life. The most simple elements of life are becoming my favorites.
Oh life.
Thursday, October 18, 2007
Taking Advantage - October 18, 2007
Our client canceled on us. I have not been this upset at another human being in a very long time. I was the client's primary contact on our first case, so Nelson was the contact this time around. He scheduled a meeting with the client for today at 8:30PM. This time is exactly four and one-half hours after my last class. Basically, I was not going anywhere, and my schedule, as well as that of Nelson, was thoroughly displaced to accommodate our client.
We had both done preliminary research, and spent some time on the case. at 5:30PM (one hour after class concluded) I received a call from Nelson. Our client decided not to use our services. To make things even more happy (read: to upset me all the more) she told Nelson that she scheduled with us just to explore her options. Last time I checked, we were providing services pro-bono. We are free, but our time is not. We are law students. We do not have extra time laying around to dispense of at will.
I told Nelson that it was a very good thing that he was this client's contact, or I would have read her the riot act. It turns out Nelson told her exactly how he felt. Poor girl. Poor us. How inconsiderate.
We did, however, immediately pick up another case. More on that later.
Criminal law was the first event of the day.
I sat unassuming. Criminal law was no different from any other day. I would stay quiet, learn a little and leave. But, if there is anything I have learned thus far, it is that things (1) never go my way and (2) things are never easy.
While discussing manslaughter and negligence in reference to a case where parents did not take their baby to the doctor to be seen, and the baby then died, the punishment phase was questioned. Our professor asked if we should punish somebody who honestly believes they were doing what was right and did not know they were breaking the law.
When this question was poised, the class sat silently and students were careful not to move. I sit in the very front row, and to my professor's right. I am, without a doubt, "within her view". As if this was not a cause for trouble I hade failed to account for my brain. Since when did my subconscious ever pay attention? Without knowing, I shook my head in the negative. I did not think that punishment would make a difference. Like hi-tech radar, the professor locked on to my non-verbal missile.
"Mr. H is shaking his head no," she said. "Let's hear what he has to say."
Son of a gun!
I answered that I think that punishment would serve absolutely no purpose when people do not know the law.
Of course, I opened the door to my professor. "So, what you are saying is that ignorance is a defense?"
I answered, "What purpose would a punishment serve if people do not know the law, could not change their actions because of their lack of knowledge of the law, and that punishment would not fit given that their actions were not avoidable given their mindset. On top of that, they are already dealing with the loss of their baby, and will be punished with the knowledge that it could have been avoided."
Surprisingly, she gave me an affirmation-type congratulations and cited a well known legal scholar who just happens to share my view.
Phew. Disaster avoided.
My glee was countered with classmate's stupidity.
We were given a hypothetical about Christian Science and their followers, namely a set of parents who followed their religion's guidelines in the treatment (or lack thereof) of their daughter's meningitis which resulted in her death.
One of my classmates, in his answer about blameworthiness of the parents, proceeded to make the common mistake of mixing up Scientology and Christain Science. The classmate referred to the religion as a cult and put his personal feelings about the stupidity of following this "cult" (really a religion).
When I thought that my classmates could not debase themselves more, my favorite class-extremist (the guy who tries to give professors history lessons and has to put his extreme beliefs out for everybody to know) said something along the same lines.
However harsh and abrasive she may be, my Criminal Law Professor knows how to teach and how to manage a classroom. She abruptly shuts students with personal questions down, and always keeps comments and answers on point. If you are wrong, she lets you know it, and she definitely keeps class moving and the annoying people quiet.
She definitely shut these two down, and even went so far as to spend a few minutes giving a disclaimer about watching one's words.
Oh criminal law, how I like thee.
Civil Procedure followed, and one of my friends was asked to prepare to answer a question. She was the fourth in the line of four question, so she had a minute or two to prepare. We have a nice network of communication via instant messenger during class, and the few of us who actually like each other use it profusely.
The friend who was called to answer asked me quickly for help. I quickly looked at her answer and gave her my take on it. She told me how she was going to answer, and I fervently pushed her to answer it my way. She took the solid advice and was quickly heralded as being correct.
Go Team!
We had both done preliminary research, and spent some time on the case. at 5:30PM (one hour after class concluded) I received a call from Nelson. Our client decided not to use our services. To make things even more happy (read: to upset me all the more) she told Nelson that she scheduled with us just to explore her options. Last time I checked, we were providing services pro-bono. We are free, but our time is not. We are law students. We do not have extra time laying around to dispense of at will.
I told Nelson that it was a very good thing that he was this client's contact, or I would have read her the riot act. It turns out Nelson told her exactly how he felt. Poor girl. Poor us. How inconsiderate.
We did, however, immediately pick up another case. More on that later.
Criminal law was the first event of the day.
I sat unassuming. Criminal law was no different from any other day. I would stay quiet, learn a little and leave. But, if there is anything I have learned thus far, it is that things (1) never go my way and (2) things are never easy.
While discussing manslaughter and negligence in reference to a case where parents did not take their baby to the doctor to be seen, and the baby then died, the punishment phase was questioned. Our professor asked if we should punish somebody who honestly believes they were doing what was right and did not know they were breaking the law.
When this question was poised, the class sat silently and students were careful not to move. I sit in the very front row, and to my professor's right. I am, without a doubt, "within her view". As if this was not a cause for trouble I hade failed to account for my brain. Since when did my subconscious ever pay attention? Without knowing, I shook my head in the negative. I did not think that punishment would make a difference. Like hi-tech radar, the professor locked on to my non-verbal missile.
"Mr. H is shaking his head no," she said. "Let's hear what he has to say."
Son of a gun!
I answered that I think that punishment would serve absolutely no purpose when people do not know the law.
Of course, I opened the door to my professor. "So, what you are saying is that ignorance is a defense?"
I answered, "What purpose would a punishment serve if people do not know the law, could not change their actions because of their lack of knowledge of the law, and that punishment would not fit given that their actions were not avoidable given their mindset. On top of that, they are already dealing with the loss of their baby, and will be punished with the knowledge that it could have been avoided."
Surprisingly, she gave me an affirmation-type congratulations and cited a well known legal scholar who just happens to share my view.
Phew. Disaster avoided.
My glee was countered with classmate's stupidity.
We were given a hypothetical about Christian Science and their followers, namely a set of parents who followed their religion's guidelines in the treatment (or lack thereof) of their daughter's meningitis which resulted in her death.
One of my classmates, in his answer about blameworthiness of the parents, proceeded to make the common mistake of mixing up Scientology and Christain Science. The classmate referred to the religion as a cult and put his personal feelings about the stupidity of following this "cult" (really a religion).
When I thought that my classmates could not debase themselves more, my favorite class-extremist (the guy who tries to give professors history lessons and has to put his extreme beliefs out for everybody to know) said something along the same lines.
However harsh and abrasive she may be, my Criminal Law Professor knows how to teach and how to manage a classroom. She abruptly shuts students with personal questions down, and always keeps comments and answers on point. If you are wrong, she lets you know it, and she definitely keeps class moving and the annoying people quiet.
She definitely shut these two down, and even went so far as to spend a few minutes giving a disclaimer about watching one's words.
Oh criminal law, how I like thee.
Civil Procedure followed, and one of my friends was asked to prepare to answer a question. She was the fourth in the line of four question, so she had a minute or two to prepare. We have a nice network of communication via instant messenger during class, and the few of us who actually like each other use it profusely.
The friend who was called to answer asked me quickly for help. I quickly looked at her answer and gave her my take on it. She told me how she was going to answer, and I fervently pushed her to answer it my way. She took the solid advice and was quickly heralded as being correct.
Go Team!
Wednesday, October 17, 2007
Mid-Week Repeat - October 17, 2007
Wednesdays are never fun. But, I have already documented my downfall on the middle of the week.
Today was no different than before. Three classes and three mental breakdowns.
I am starting to get the hang of law school. I know where I fit in, and how to balance studying and life. I am enjoying myself more than before, but I am still able to complete my work.
Nelson and I picked up our second case, which is going to be much more complex than the first. We are also dealing with a younger person of a different gender, so this case is poised to give us a new taste of client service. The underlying claim and allegations are very different from the first case as well, though the judge is the same. This time, however, I know exactly what she wants and how to handle her. I am looking forward to honing my skills.
Nothing is new. Each day is just as stressful as the next. I cannot wait for the weekend. I am most probably going into the city to get away from the bubble of the island.
This is life at its lowest. Well, at least for me.
Today was no different than before. Three classes and three mental breakdowns.
I am starting to get the hang of law school. I know where I fit in, and how to balance studying and life. I am enjoying myself more than before, but I am still able to complete my work.
Nelson and I picked up our second case, which is going to be much more complex than the first. We are also dealing with a younger person of a different gender, so this case is poised to give us a new taste of client service. The underlying claim and allegations are very different from the first case as well, though the judge is the same. This time, however, I know exactly what she wants and how to handle her. I am looking forward to honing my skills.
Nothing is new. Each day is just as stressful as the next. I cannot wait for the weekend. I am most probably going into the city to get away from the bubble of the island.
This is life at its lowest. Well, at least for me.
Tuesday, October 16, 2007
The Wasted - October 16, 2007
Today was the culmination of the school's three-day Legal Ethics Conference featuring Lynn Stewart. Stewart was the first attorney to be charged with and subsequently convicted of aiding terrorism. Classes were canceled, students excused and rooms packed to see this woman discuss her decisions and her reasoning and arguing in support of the actions she took which landed her in the mess in which she is currently.
My rough estimates of attendance is around nearly 500. Two of the largest classrooms as well as the faculty and student lounges were packed full of people watching her speak, whether in person or via closed circuit television. It was quite the scene. I was one of the people lucky enough to see the live action version of the presentation.
Wanting to continue news reporting and journalism, I long ago volunteered to write for the Law School newspaper (The Conscience) and was assigned the job of reporting on this event. I took notes like an auditor on speed. My fingers never stopped, as the quotes were too good to be real.
My day felt thoroughly wasted, though. I did not experience the joy of accomplishment of lasting through another class. I was not anxious, stressed or pressed for time. I just was not used to this day.
I keep going; I still need a break. My mind is never at ease. What a wreck I have become.
My rough estimates of attendance is around nearly 500. Two of the largest classrooms as well as the faculty and student lounges were packed full of people watching her speak, whether in person or via closed circuit television. It was quite the scene. I was one of the people lucky enough to see the live action version of the presentation.
Wanting to continue news reporting and journalism, I long ago volunteered to write for the Law School newspaper (The Conscience) and was assigned the job of reporting on this event. I took notes like an auditor on speed. My fingers never stopped, as the quotes were too good to be real.
My day felt thoroughly wasted, though. I did not experience the joy of accomplishment of lasting through another class. I was not anxious, stressed or pressed for time. I just was not used to this day.
I keep going; I still need a break. My mind is never at ease. What a wreck I have become.
One for Pro Bono - October 15, 2007
Score one for the claimant.
I have officially never lost a case. I received a call from my client in the early morning. Answering with my groggy voice, I ask him how he was, to which an excited man told me we had won his case. My half-conscious self almost jumped through the ceiling. We were not slated to hear back from the Judge for 10 to 15 business days, and here, two days later, I was learning of my win.
Today was not very eventful. The fire alarm went off during contracts, so we were given an extended 20 minute break, about which nobody complained.
Torts was mindless as my professor and classmates proceeded to jumble up a relatively simple idea. I have learned to shut out the voices of my classmates so that they do not confuse me with their unbelievably dense questions and answers. Thus far, it has served me well.
Today, however, marked the first time I felt overwhelmed in law school. Legal research is much harder than it sounds. I now realize why law firms have associates. The work of researching and writing is no fun. I will get through it, but the overanxious, overstressed and overworked person that I am cannot last long under this pressure. Hopefully my tenured procrastination will pay off with a quality work result as it has so many times before.
Oh, law school. Why do you make me question my decision to take part in your pleasures?
My goals cannot be denied.
I have officially never lost a case. I received a call from my client in the early morning. Answering with my groggy voice, I ask him how he was, to which an excited man told me we had won his case. My half-conscious self almost jumped through the ceiling. We were not slated to hear back from the Judge for 10 to 15 business days, and here, two days later, I was learning of my win.
Today was not very eventful. The fire alarm went off during contracts, so we were given an extended 20 minute break, about which nobody complained.
Torts was mindless as my professor and classmates proceeded to jumble up a relatively simple idea. I have learned to shut out the voices of my classmates so that they do not confuse me with their unbelievably dense questions and answers. Thus far, it has served me well.
Today, however, marked the first time I felt overwhelmed in law school. Legal research is much harder than it sounds. I now realize why law firms have associates. The work of researching and writing is no fun. I will get through it, but the overanxious, overstressed and overworked person that I am cannot last long under this pressure. Hopefully my tenured procrastination will pay off with a quality work result as it has so many times before.
Oh, law school. Why do you make me question my decision to take part in your pleasures?
My goals cannot be denied.
Friday, October 12, 2007
M-Day - October 12, 2007
The midterm came. Then the midterm left. When it left, with it went my energy.
I am very much without the will to do anything. 45 minutes of graded civil procedure is poised to ruin my will to survive in law school. Two questions with 2 parts each in a condensed time period can possess a person, no exorcism needed.
The test was in the afternoon, so my day was entirely consumed in school, even though I really only had legal writing in the morning. Michelle and I went to lunch, where I consumed a monster-sized sandwich at the local deli. After enveloping the monstrosity of tuna, we made the 20 minute walk back to school, asking each other hypothetical questions that would test our knowledge.
All I wanted to do was maintain my sanity, and to do so I needed to stay calm and relaxed. Stress would be the end of me.
Though I managed to keep stress out of my head, I was a little scared. Who would not be? This is the first grade any of us would receive outside of legal writing. Out first test is nerve-racking. Alas, I sat down in the stuffy classroom: ready and at one with my abilities.
When we got the questions, the race began. We could not afford to take our time, there was much to do in a minuscule amount of time.
I wrote until they would no longer allow me. Upon turning the test in, I rushed out of the classroom in an attempt to rid myself of the building. I did not want to hear anybody discussing the test nor did I want to think about it further. I was done, and that was that.
I can only move on with my studies.
New York remains cold. I remain constantly tired. Only half of the semester remains.
Stay tuned.
I am very much without the will to do anything. 45 minutes of graded civil procedure is poised to ruin my will to survive in law school. Two questions with 2 parts each in a condensed time period can possess a person, no exorcism needed.
The test was in the afternoon, so my day was entirely consumed in school, even though I really only had legal writing in the morning. Michelle and I went to lunch, where I consumed a monster-sized sandwich at the local deli. After enveloping the monstrosity of tuna, we made the 20 minute walk back to school, asking each other hypothetical questions that would test our knowledge.
All I wanted to do was maintain my sanity, and to do so I needed to stay calm and relaxed. Stress would be the end of me.
Though I managed to keep stress out of my head, I was a little scared. Who would not be? This is the first grade any of us would receive outside of legal writing. Out first test is nerve-racking. Alas, I sat down in the stuffy classroom: ready and at one with my abilities.
When we got the questions, the race began. We could not afford to take our time, there was much to do in a minuscule amount of time.
I wrote until they would no longer allow me. Upon turning the test in, I rushed out of the classroom in an attempt to rid myself of the building. I did not want to hear anybody discussing the test nor did I want to think about it further. I was done, and that was that.
I can only move on with my studies.
New York remains cold. I remain constantly tired. Only half of the semester remains.
Stay tuned.
Thursday, October 11, 2007
A Hard Rain - October 11, 2007
It rained. Hard. First it was cold in the morning. Then it was cold with rain in the afternoon and early evening. I was not very happy with the presentation the East Coast was putting on.
I was the only person smart enough (read: dumb) to wear a t-shirt, shorts and sandals. Where before I had managed to hide my California flavor, it was no longer a hidden fact. My sandal-clad self has been fingered as a joke. But, perhaps the joke is on me. Seemingly overnight, the weather has become frigid. I am definitely a warm-weather person. This season will be an interesting experience.
The rain, in a fifteen-minute period, engulfed the streets, flooding the road and nearly drowning the engine. I have not before been in rain as hard as this. It moved with monsoon swiftness, bringing the water up to my car door.
Traffic was rough, as the parkways were reduced to one-lane roads. Though flooded across all lanes, only one was safe enough to proceed to drive. Cars were backed up for incredible periods. And yet, it continued to rain. The water level in our backyard canal has risen noticeably. I have begun to pack up my fans for the year, as they are definitely not needed. The blankets, sweatshirts and jacket come out, but the sandals stay on. I have but one jacket and no regular shoes. I am only willing to give up so much of the culture which I have come to love.
The midterm for civil procedure is tomorrow and I am not looking forward to it. I am doing my best to relax and continue as if tomorrow were like any other day. Hopefully this resting of my mind will prove positive for this first of my many test-taking scenarios.
Stay tuned.
I was the only person smart enough (read: dumb) to wear a t-shirt, shorts and sandals. Where before I had managed to hide my California flavor, it was no longer a hidden fact. My sandal-clad self has been fingered as a joke. But, perhaps the joke is on me. Seemingly overnight, the weather has become frigid. I am definitely a warm-weather person. This season will be an interesting experience.
The rain, in a fifteen-minute period, engulfed the streets, flooding the road and nearly drowning the engine. I have not before been in rain as hard as this. It moved with monsoon swiftness, bringing the water up to my car door.
Traffic was rough, as the parkways were reduced to one-lane roads. Though flooded across all lanes, only one was safe enough to proceed to drive. Cars were backed up for incredible periods. And yet, it continued to rain. The water level in our backyard canal has risen noticeably. I have begun to pack up my fans for the year, as they are definitely not needed. The blankets, sweatshirts and jacket come out, but the sandals stay on. I have but one jacket and no regular shoes. I am only willing to give up so much of the culture which I have come to love.
The midterm for civil procedure is tomorrow and I am not looking forward to it. I am doing my best to relax and continue as if tomorrow were like any other day. Hopefully this resting of my mind will prove positive for this first of my many test-taking scenarios.
Stay tuned.
Wednesday, October 10, 2007
My First Time - October 10, 2007
We arrived 15 minutes early for our 8:30 hearing. When 8:30 rolled around, we sat for another 15 minutes. We waited. There was no judge or employer in sight. Finally, the Judge called our case, and we entered the room, still without the employer present. So, we proceeded. The Judge put us on the record by recording the hearing, and began. After questioning by the judge, we were given the chance to direct our client. Nelson was in charge of the direct examination, but sat quiet as he believed there were no further questions that should be asked. I knew that since there was no employer present, we had to get those statements on the record which I planned to get from the employer. So, I answered the Judge in the affirmative and proceeded with my direct examination. Forty minutes into the proceedings, there was a knock on the door.
The employer's representative - a manager who had absolutely no personal knowledge of the incident or of the happenings of the day of the incident in question for which my client was fired -walked in and apologized for his being late, which the Judge replied, "Yes, you are 40 minutes late." I figured the Judge was upset, which she was. I ended the direct examination of my client, since I knew I would be able to go after the employer, and I did not want to give the employer too much knowledge of our position. When asked if we had any further questions, after having replayed the recording in full, further wasting my time and the court's morning - though I was given the chance to listen to myself proceed with a direct examination, which is a major educational tool, and from which I learned quite a bit - I answered that I had no further questions.
Then the fun began.
Catching your opponent in an outright lie is a priceless moment in the beginning of an attorney's career. It enables the chance to shine in front of the judge and peers. I asked a series of questions, and was perplexed by the answers made by the employer's agent at the hearing. He was making statements that were outright contrary to statements on their court filings. It is one thing to lie in court. You can get away with falsities and other accidental mistakes. If there is evidence of the false nature of a statement that a witness testifies to, made on record by that witness, it is an entirely new game. An honest mistake of fact only allows for a soft impeachment. Hard evidence and the outright nature of a statement allows for a hard impeachment of a witness, and is highly effective, not to mention demeaning for the person being impeached. Basically, a hard impeachment says that the witness is a liar, that there is outright proof of the allegation of lying, and that the person cannot be trusted at all. It is a very demeaning process for the person caught in the act.
After getting these odd responses, it was impeachment time. I entered their document into the record - which was odd to do, since it was a court record - and had the employer read the document containing their position statement. I then asked the employer if there was any testimony he would like to rescind at that moment. He said no, so my impeachment continued. The next series of questions made the guy look even worse than he already did, and, though I feel bad for feeling good about his feeling bad, I felt good.
This is what happens when an employer sends an employee on behalf of the company who had absolutely no connection to the incident, had no knowledge of company workings - they are lambasted by questioning. However, I too felt lambasted. The judge was definitely not a happy person, and normal court rules did not apply to her hearings.
Some of my questions did not make her happy, apparently. She would cut me off, though it is usually not the judge's place to do so, and told me that my question or line of questioning had information which she simply did not care to hear. Normally, it is fine to be silenced on an issue that does not have any effect on the outcome, but the two times she told me she did not care, the information I was soliciting had a definitive impact on the character of the employer and the definition of misconduct (showing that my client did not meet the requirements).
Nelson and I assessed our performance, the facts on the record, and the evidence entered, and we feel very confident that the case will be ruled in our client's favor. The Judge has almost no other information to measure than that which we entered on behalf of our client. Ruling in the employer's favor will be a hard sell. An appeal would surely overturn a negative ruling. However, anything can happen.
I am not worried. It was a very solid showing, and I am empowered to do it again. My partner, however quiet he was, has a sense of excitement also. He definitely wants to do this again, and wants the experience again - though, perhaps next time he can actually question our client and the witness if he has the chance.
Lessons learned are numerous, however a few resounded:
1) Even if you expect the worst, the unexpected will occur.
2) One can over-prepare, but over-preparing is necessary.
3) There is nothing like doing extraordinarily well.
The employer's representative - a manager who had absolutely no personal knowledge of the incident or of the happenings of the day of the incident in question for which my client was fired -walked in and apologized for his being late, which the Judge replied, "Yes, you are 40 minutes late." I figured the Judge was upset, which she was. I ended the direct examination of my client, since I knew I would be able to go after the employer, and I did not want to give the employer too much knowledge of our position. When asked if we had any further questions, after having replayed the recording in full, further wasting my time and the court's morning - though I was given the chance to listen to myself proceed with a direct examination, which is a major educational tool, and from which I learned quite a bit - I answered that I had no further questions.
Then the fun began.
Catching your opponent in an outright lie is a priceless moment in the beginning of an attorney's career. It enables the chance to shine in front of the judge and peers. I asked a series of questions, and was perplexed by the answers made by the employer's agent at the hearing. He was making statements that were outright contrary to statements on their court filings. It is one thing to lie in court. You can get away with falsities and other accidental mistakes. If there is evidence of the false nature of a statement that a witness testifies to, made on record by that witness, it is an entirely new game. An honest mistake of fact only allows for a soft impeachment. Hard evidence and the outright nature of a statement allows for a hard impeachment of a witness, and is highly effective, not to mention demeaning for the person being impeached. Basically, a hard impeachment says that the witness is a liar, that there is outright proof of the allegation of lying, and that the person cannot be trusted at all. It is a very demeaning process for the person caught in the act.
After getting these odd responses, it was impeachment time. I entered their document into the record - which was odd to do, since it was a court record - and had the employer read the document containing their position statement. I then asked the employer if there was any testimony he would like to rescind at that moment. He said no, so my impeachment continued. The next series of questions made the guy look even worse than he already did, and, though I feel bad for feeling good about his feeling bad, I felt good.
This is what happens when an employer sends an employee on behalf of the company who had absolutely no connection to the incident, had no knowledge of company workings - they are lambasted by questioning. However, I too felt lambasted. The judge was definitely not a happy person, and normal court rules did not apply to her hearings.
Some of my questions did not make her happy, apparently. She would cut me off, though it is usually not the judge's place to do so, and told me that my question or line of questioning had information which she simply did not care to hear. Normally, it is fine to be silenced on an issue that does not have any effect on the outcome, but the two times she told me she did not care, the information I was soliciting had a definitive impact on the character of the employer and the definition of misconduct (showing that my client did not meet the requirements).
Nelson and I assessed our performance, the facts on the record, and the evidence entered, and we feel very confident that the case will be ruled in our client's favor. The Judge has almost no other information to measure than that which we entered on behalf of our client. Ruling in the employer's favor will be a hard sell. An appeal would surely overturn a negative ruling. However, anything can happen.
I am not worried. It was a very solid showing, and I am empowered to do it again. My partner, however quiet he was, has a sense of excitement also. He definitely wants to do this again, and wants the experience again - though, perhaps next time he can actually question our client and the witness if he has the chance.
Lessons learned are numerous, however a few resounded:
1) Even if you expect the worst, the unexpected will occur.
2) One can over-prepare, but over-preparing is necessary.
3) There is nothing like doing extraordinarily well.
Tuesday, October 9, 2007
The Policy - October 9, 2007
Tuesdays never change. This week is especially bad. As my peers continue their endless stressing about the midterm, I cannot help but take a breather. I do not believe there is anything to worry about, which makes me worry. Stress is contagious, and it spreads like a brush fire.
When others are going crazy trying to study and relearn the information, they often over-analyze the information, and miss the relatively simple points. In law, more often than not, over-analyzing principles and information does not yield success. However complex the legal labyrinth is, by over-thinking, it becomes all the more unclear - as if that is even possible.
Perhaps I just have the understanding needed. While so many of my classmates are asking why a law is a law, I am pondering its application. We cannot question the law. That thought process is left to activists, judges and more importantly, legislators. Our job is to understand the law and apply it correctly. Doing so is the ultimate measure of success. Clients do not want to know "why", they want to know "what" and "how".
To prepare for the impending doom - known formally as my Civil Procedure Midterm- I have come up with a tenuous, but all-the-while brilliant tactic. People are protective of their study groups. If they find out you are in another, you get kicked out. It is strange. People do not want you to share their knowledge with others. Others think it is just plain unfair. I, however, have played the table. I have studied with three different study groups, getting something different out of each.
Perhaps it is something I do, but nobody really cares. Perhaps it is a "don't ask, don't tell" type policy. Ignorance is bliss? I refer to it as "don't kiss and tell". I do not tell the others about it, and although they know, they like pretending to not know. This is the perfect open-marriage. I find that with each meeting, I am becoming increasingly knowledgeable on the topics, and have started filling more of a tutor role than a peer support role.
I am actually "getting it", and as any law student will tell you, this is a very good feeling.
I have my first hearing tomorrow. I have prepared endlessly, as I want my first time to be as near perfect as possible. Having the sudden conniption that I actually affect somebody's life and that this person is depending on me to advocate zealously for them, I cannot help but be humbled.
Like CivPro, I am not stressed or worried about tomorrow, but I do not think that this is something negative in nature. I know my stuff. I have the prior training. I have dedicated a large amount of time to researching and other preparations, and, in addition, I have a solid theme and theory of a case.
I hope we have a challenge tomorrow, because I want to be tested.
All I can do is prepare and feel confident.
Perhaps I will say a prayer as well. For my client's sake, I will take all the help I can get.
Criminal Law Tongue Twister of the Day: Provocation Mitigation
When others are going crazy trying to study and relearn the information, they often over-analyze the information, and miss the relatively simple points. In law, more often than not, over-analyzing principles and information does not yield success. However complex the legal labyrinth is, by over-thinking, it becomes all the more unclear - as if that is even possible.
Perhaps I just have the understanding needed. While so many of my classmates are asking why a law is a law, I am pondering its application. We cannot question the law. That thought process is left to activists, judges and more importantly, legislators. Our job is to understand the law and apply it correctly. Doing so is the ultimate measure of success. Clients do not want to know "why", they want to know "what" and "how".
To prepare for the impending doom - known formally as my Civil Procedure Midterm- I have come up with a tenuous, but all-the-while brilliant tactic. People are protective of their study groups. If they find out you are in another, you get kicked out. It is strange. People do not want you to share their knowledge with others. Others think it is just plain unfair. I, however, have played the table. I have studied with three different study groups, getting something different out of each.
Perhaps it is something I do, but nobody really cares. Perhaps it is a "don't ask, don't tell" type policy. Ignorance is bliss? I refer to it as "don't kiss and tell". I do not tell the others about it, and although they know, they like pretending to not know. This is the perfect open-marriage. I find that with each meeting, I am becoming increasingly knowledgeable on the topics, and have started filling more of a tutor role than a peer support role.
I am actually "getting it", and as any law student will tell you, this is a very good feeling.
I have my first hearing tomorrow. I have prepared endlessly, as I want my first time to be as near perfect as possible. Having the sudden conniption that I actually affect somebody's life and that this person is depending on me to advocate zealously for them, I cannot help but be humbled.
Like CivPro, I am not stressed or worried about tomorrow, but I do not think that this is something negative in nature. I know my stuff. I have the prior training. I have dedicated a large amount of time to researching and other preparations, and, in addition, I have a solid theme and theory of a case.
I hope we have a challenge tomorrow, because I want to be tested.
All I can do is prepare and feel confident.
Perhaps I will say a prayer as well. For my client's sake, I will take all the help I can get.
Criminal Law Tongue Twister of the Day: Provocation Mitigation
Monday, October 8, 2007
Rock'n It - October 8, 2007
Friends, rori
I rocked torts today. I was so on fire that I could be guilty of battery. No tortious negligence here. I did my work, as any reasonable person would.
Sometimes, walking into class, you get "that" feeling. It is not anything great, but you just know that today is your day in class. And, luckily, I was more than ready. We are split into groups. Each group is assigned a case every one to two weeks, and we are to represent a specific party in the case, either plaintiff or defendant, with fervor and great zeal. My case involved a slip-and-fall case where negligence was involved. Quite thankfully, my client, the plaintiff, was suing Defendant Wal-Mart. I have a severe dislike for the store. So much so, that when traveling across the United States with my father to New York, the only store available was a Wal-Mart, and my father had to front the money, because I could not bring myself to pay for anything in there.
My professor called on me first. And, unexpectedly, I ran away with it. I was on track, unable to be derailed. I feel bad for the young lady who represented Wal-Mart. She had a tough job, and faltered a bit, often making the professor ask me for the answer in my client's views to get her on track. It was a great feeling.
I have begun to ponder fun side-jobs that I can undertake later in my profession. Whether for fun, or to pay off my over 120,000 dollar undergraduate student loans, they seem very appealing - but, not more appealing than court room advocacy and litigation.
The list-
- Political Pundit and Reporter
- Television and Media Legal Analysis/Advisor
- Professor of Law, Politics and Public Policy
- Professor of Religion
- Legal Journalist
- 35 year-old retiree
I have reached a new milestone in New York. I have lost a part of me. I do not know where it went. Fifteen pounds of me are gone, and good riddance. I hit a healthy weight, but would love to reach my first-year of college scale-readings. Who am I kidding?
My first Student Bar Association meeting was today, as well. Some people need to learn how to run a meeting. Being concise is definitely a goal of meetings. This meeting, however, was lacking this efficiency. Oh well.
Four days until my civil procedure midterm. I am scared.
Religion never sounded better.
I rocked torts today. I was so on fire that I could be guilty of battery. No tortious negligence here. I did my work, as any reasonable person would.
Sometimes, walking into class, you get "that" feeling. It is not anything great, but you just know that today is your day in class. And, luckily, I was more than ready. We are split into groups. Each group is assigned a case every one to two weeks, and we are to represent a specific party in the case, either plaintiff or defendant, with fervor and great zeal. My case involved a slip-and-fall case where negligence was involved. Quite thankfully, my client, the plaintiff, was suing Defendant Wal-Mart. I have a severe dislike for the store. So much so, that when traveling across the United States with my father to New York, the only store available was a Wal-Mart, and my father had to front the money, because I could not bring myself to pay for anything in there.
My professor called on me first. And, unexpectedly, I ran away with it. I was on track, unable to be derailed. I feel bad for the young lady who represented Wal-Mart. She had a tough job, and faltered a bit, often making the professor ask me for the answer in my client's views to get her on track. It was a great feeling.
I have begun to ponder fun side-jobs that I can undertake later in my profession. Whether for fun, or to pay off my over 120,000 dollar undergraduate student loans, they seem very appealing - but, not more appealing than court room advocacy and litigation.
The list-
- Political Pundit and Reporter
- Television and Media Legal Analysis/Advisor
- Professor of Law, Politics and Public Policy
- Professor of Religion
- Legal Journalist
- 35 year-old retiree
I have reached a new milestone in New York. I have lost a part of me. I do not know where it went. Fifteen pounds of me are gone, and good riddance. I hit a healthy weight, but would love to reach my first-year of college scale-readings. Who am I kidding?
My first Student Bar Association meeting was today, as well. Some people need to learn how to run a meeting. Being concise is definitely a goal of meetings. This meeting, however, was lacking this efficiency. Oh well.
Four days until my civil procedure midterm. I am scared.
Religion never sounded better.
Friday, October 5, 2007
Professional Life - October 5, 2007
Being assigned your first case yields but a minutia of the excitement that getting down to the bones of the case provides.
I am on point, and I have to be. My knowledge of law in reference to procedure and case pneumatics, so to say. Meeting with our client was our first step, because, let's face it: one cannot proceed without the full story, and we knew we did not have all of it. And we were correct.
I must honor client privilege, so I cannot go into detail, but there are special details of my experience I must share. My partner, Nelson (the Wisconsin-beast), and I have Legal Writing together on Fridays, and had a scheduled meeting with our client right after our class. Nelson, wanting some recognition, and needing a change of clothes - he neglected to come in the business casual as we had planned because of the night before at the Fall Bash - and not knowing where the Department of Labor was located, realized that we needed extra time, and wanted to leave class early. Well, that was one reason. The other was a keen opportunity to alert our professor that we were proceeding with our first case, and that the case was pro-bono. We are angels, aren't we?
The Behemoth and I, left class, went to Nelson's dorm and realized that we were hungry. We stopped for a quick bite at a pizza place, where I subsequently burned the entire roof of my mouth and the tip of my tongue. In a bit of pain, but no longer hungry, we proceeded to the D.O.L. (Department of Labor) to meet our client.
Nelson and I have very different interview tactics, which amused me endlessly. I was the more chronological type, while he wanted to jump around. When he realized that I was trying to get the client on point, my massive partner, with his deep voice and commanding presence, would demand an answer on point from the client. "Listen," he said. "We need you to answer the question. We need you to help us do our job. Now…"
The case is very interesting, and the owner of the company who fired our client, is a "Moby Dick" - of the "more literary" terms my Mother has asked me to use "even though I am in Law School". The company, it is fabled, has not before lost an unemployment suit, though we plan to be the first. In addition, in unemployment suits, such as the ones we try, only about one-third of employers have representation. In this case, we are ninety-five percent sure the employer does.
This will definitely be fun. We have done our research.
I would ask for luck, but: (1) We should not need it; and (2) most of the world will be sleeping when we are in front of the Judge.
Stay tuned.
"Our Friend Mr. Craig" Legal Writing In-Class References by the Professor: "Unlike our friend, Mr. Craig, relations with somebody engaged in the oldest profession is no longer considered conduct of a professional."
I am on point, and I have to be. My knowledge of law in reference to procedure and case pneumatics, so to say. Meeting with our client was our first step, because, let's face it: one cannot proceed without the full story, and we knew we did not have all of it. And we were correct.
I must honor client privilege, so I cannot go into detail, but there are special details of my experience I must share. My partner, Nelson (the Wisconsin-beast), and I have Legal Writing together on Fridays, and had a scheduled meeting with our client right after our class. Nelson, wanting some recognition, and needing a change of clothes - he neglected to come in the business casual as we had planned because of the night before at the Fall Bash - and not knowing where the Department of Labor was located, realized that we needed extra time, and wanted to leave class early. Well, that was one reason. The other was a keen opportunity to alert our professor that we were proceeding with our first case, and that the case was pro-bono. We are angels, aren't we?
The Behemoth and I, left class, went to Nelson's dorm and realized that we were hungry. We stopped for a quick bite at a pizza place, where I subsequently burned the entire roof of my mouth and the tip of my tongue. In a bit of pain, but no longer hungry, we proceeded to the D.O.L. (Department of Labor) to meet our client.
Nelson and I have very different interview tactics, which amused me endlessly. I was the more chronological type, while he wanted to jump around. When he realized that I was trying to get the client on point, my massive partner, with his deep voice and commanding presence, would demand an answer on point from the client. "Listen," he said. "We need you to answer the question. We need you to help us do our job. Now…"
The case is very interesting, and the owner of the company who fired our client, is a "Moby Dick" - of the "more literary" terms my Mother has asked me to use "even though I am in Law School". The company, it is fabled, has not before lost an unemployment suit, though we plan to be the first. In addition, in unemployment suits, such as the ones we try, only about one-third of employers have representation. In this case, we are ninety-five percent sure the employer does.
This will definitely be fun. We have done our research.
I would ask for luck, but: (1) We should not need it; and (2) most of the world will be sleeping when we are in front of the Judge.
Stay tuned.
"Our Friend Mr. Craig" Legal Writing In-Class References by the Professor: "Unlike our friend, Mr. Craig, relations with somebody engaged in the oldest profession is no longer considered conduct of a professional."
Thursday, October 4, 2007
The Results - October 4, 2007
Today was the first day that I did not want class to end.
Enthralled, engaged, intrigued and enlightened do not even begin to describe the class. The topic was rape, a subject which has become a very personal to me over the past year-plus. To add to my intrigue, I actually recognized the name of a person cited multiple times in the chapter. This was the same person who wrote one of my letters of recommendation. It is pretty "neat" to see that. I loved the class.
And then it ended.
I was much to busy with classes to think about the election voting that was taking place. The only reminders of the heated race were my bright and brilliant posters that enabled the viewing of my last name from across the largest room.
I was also very excited about the student formal dance that was scheduled to take place later in the night.
Twenty-five dollars allowed a law student the ability to attend a prom-like dance at a spectacular establishment. More importantly, however, a ticket granted the student entrance to an open-bar from 8:30PM to 1:30PM.
As if dinner, dancing and drinking was not enough, a person was given the chance to see their peers looking their best. Some of the most quiet woman looked stunning and the loudest guys looked professional. It was quite a sight.
My friends, like the other 200 persons in attendance, looked spectacular themselves.
But, the night would deliver the results of the elections, and I was looking forward to either hiding behind the fake plants in the room, or savoring a victory. I was also going to hear whether my two friends who ran together would win their election.
Gin and tonic was my drink of choice. Straight to the bar I went. My money was going to be well-spent, and the deciding factor would be my consumption of alcohol. I was not going to spend another night on the bathroom floor, so tonight was to be a well-paced event.
When a venue has an open bar, the alcohol is not the best quality, usually. Tonight was different. All the alcohol was top shelf. They did not have any store-brands or plastic bottles. It was the good stuff.
Dinner, dancing and drinking went on until around 11:00PM, at which point it continued. But 11:00PM yielded the important announcement, and luckily I did not have to wait long to hear the results. The first name was mine. There is not a much better feeling than hearing your name outright. Receiving the most votes is gratuitous and instills much pride (which I needed since the beginning of law school). The Student Bar Association welcomed it first member, as did nearly 100 of my peers who greeted me everywhere I went that night. I finally know what it feels like to be a rock-star.
This is about the time when the alcohol began to flow. Everybody wanted a drink with their new representative. Everybody.
My plans of pacing were left in the dust. The hare beat the tortoise in this venue. I was not able to say "no" to people because they used guilt on me. Saying that they voted for me and I had to indulge was the resounding theme of the night. What was I to do.
I also had to deal with Nelson, my trial partner. When a 6-foot 2-inch behemoth of a 250 pound Midwesterner demands something, you do not argue. He will be the death of me. He knows how to drink, which is no good for those he likes.
Tomorrow in class should be very interesting as at least 75 percent of those in that class were there, and class comes early in the morning.
Wish me luck, because a night as good as tonight yields an interesting following day/
I cannot believe I won.
Enthralled, engaged, intrigued and enlightened do not even begin to describe the class. The topic was rape, a subject which has become a very personal to me over the past year-plus. To add to my intrigue, I actually recognized the name of a person cited multiple times in the chapter. This was the same person who wrote one of my letters of recommendation. It is pretty "neat" to see that. I loved the class.
And then it ended.
I was much to busy with classes to think about the election voting that was taking place. The only reminders of the heated race were my bright and brilliant posters that enabled the viewing of my last name from across the largest room.
I was also very excited about the student formal dance that was scheduled to take place later in the night.
Twenty-five dollars allowed a law student the ability to attend a prom-like dance at a spectacular establishment. More importantly, however, a ticket granted the student entrance to an open-bar from 8:30PM to 1:30PM.
As if dinner, dancing and drinking was not enough, a person was given the chance to see their peers looking their best. Some of the most quiet woman looked stunning and the loudest guys looked professional. It was quite a sight.
My friends, like the other 200 persons in attendance, looked spectacular themselves.
But, the night would deliver the results of the elections, and I was looking forward to either hiding behind the fake plants in the room, or savoring a victory. I was also going to hear whether my two friends who ran together would win their election.
Gin and tonic was my drink of choice. Straight to the bar I went. My money was going to be well-spent, and the deciding factor would be my consumption of alcohol. I was not going to spend another night on the bathroom floor, so tonight was to be a well-paced event.
When a venue has an open bar, the alcohol is not the best quality, usually. Tonight was different. All the alcohol was top shelf. They did not have any store-brands or plastic bottles. It was the good stuff.
Dinner, dancing and drinking went on until around 11:00PM, at which point it continued. But 11:00PM yielded the important announcement, and luckily I did not have to wait long to hear the results. The first name was mine. There is not a much better feeling than hearing your name outright. Receiving the most votes is gratuitous and instills much pride (which I needed since the beginning of law school). The Student Bar Association welcomed it first member, as did nearly 100 of my peers who greeted me everywhere I went that night. I finally know what it feels like to be a rock-star.
This is about the time when the alcohol began to flow. Everybody wanted a drink with their new representative. Everybody.
My plans of pacing were left in the dust. The hare beat the tortoise in this venue. I was not able to say "no" to people because they used guilt on me. Saying that they voted for me and I had to indulge was the resounding theme of the night. What was I to do.
I also had to deal with Nelson, my trial partner. When a 6-foot 2-inch behemoth of a 250 pound Midwesterner demands something, you do not argue. He will be the death of me. He knows how to drink, which is no good for those he likes.
Tomorrow in class should be very interesting as at least 75 percent of those in that class were there, and class comes early in the morning.
Wish me luck, because a night as good as tonight yields an interesting following day/
I cannot believe I won.
Wednesday, October 3, 2007
Cause of Excitement - October 3, 2007
Instances of Joy-Filled Excitement:
1- Criminal Law
2- Trying Your First Case
3- Suing an Oil Company
4- Doing Gloriously in a Student Election
Criminal Law
I shall take a moment for each of these instances, so that my joy will be forever captured, and usable to remind me why I am here on a day of gloom.
Criminal Law has been portrayed as the evil that lurks in my week, waiting quietly to take my happiness hostage, resulting in sad resentment towards my legal education. I am equipped with an enormity of depth regarding Mens Rea and Actus Reus. I am reading detailed passages comprehensively, and comprehending details. But, I imaging I was bored with the teachings and presentations in class.
The disengagement was in play until the section we have just begun was assigned. The issue of rape has become a large part of my queries into law. Trying to become able to understand the laws, their reasoning and the application of such laws is something I am passionate about. In class I have begun to find myself answering questions the professor poses with immediacy and without thought. The only thing that has bested this newfound ability is being correct in my responses.
I have begun to rethink whether the field I want to enter is correct; more directly, I am not questioning the field of law insomuch as I question the side I wish to represent. I think this may be an internal war that, like Iraq, may never end. Hopefully I will not be a victim of the battle.
First Case
The Unemployment Action Center couples law students with persons in need of representation to receive unemployment benefits. Cases are tried in front of an administrative judge.
Cases are sent to all the Advocates, to which we are referred, and the Advocates then request a case. I do not know how the administrators of the agency decide, but they assign a case to an Advocate, and the Advocate runs with it.
I put in a request for a case and was lucky enough to be assigned to the client.
I have a client.
These words are roughly incomprehensible. Client. The word is something I have dreamed of calling a person for quite a while. Here, I am without a License from the Bar, I do not have a professional degree, and I am considerably young, but I have the opportunity to represent another person. I have a client.
We are urged - a term meant to imply a requirement - to have a partner on the first case we try. We get to choose our partners, so, I considered my possibilities. In doing so, I spent a large part of time thinking about my shortcomings, which was obvious with the mention shortcomings: I am short. Though I have a command of rhetoric, I do not have a commanding presence. So, what kind of person does one pick as a partner?
The biggest, bulkiest, meanest looking guy you can find. Sheer physical authority. A behemoth of a man. I picked Nelson. Nelson is a big teddy-bear of a guy. The teddy-bear, however is down deep. You have to know him. Luckily, the opposing party does not know him. Nelson is your average Wisconsinite. Bread for destruction, he was a 230 pound football running back and wrestler in high school. Attendance at the University of Wisconsin, a little twang to his talk and powerful laugh only solidify his solid stature. If this man in a black suit does not scare you, his Napoleonic partner sure will. (Napoleonic reads: me.)
Our first meeting with the client occurs this Friday, with a follow-up meeting next week on Monday or Tuesday, with the hearing occurring Thursday.
I had the pleasure of speaking with my client on the phone, and it was refreshingly strange to be shown such respect and deference.
I can get used to this.
Suing an Oil Company
Rules for life: do not test law students in the real world. Law Students would like nothing more than to try out their new knowledge, and have no problem challenging a person or company. There is nothing more delicious than trying a case in front of a judge for practice, especially when you have nothing to lose.
A local oil company - a corporation held under another larger oil company - offered a great price on oil per gallon. We wanted to lock in the rate and after a minutia of exchanges and acceptance of the offer, we set.
Or so we thought.
Long-story-short, as I see it, the company engaged in false-advertising, employed bait-and-switch techniques, breached contract and committed acts of criminal fraud. I threatened suit, a manager of the company apparently felt it was no more than a threat. Apparently he and his company will soon realize I am true to my word.
A letter requesting pre-litigation settlement was sent to the company's general counsel. When the attorney's open the letter, the time they spend reading the three pages of genius, as authored by myself, and their response will cost the company more than if they honored their documented advertisement and contract with us. Oh the mistakes people make.
The moral of the anecdote is: if a law student promises to file a suit, they probably have nothing better to do. Trust me, I know.
Idiots keep attorneys in business.
Student Election Update
The students have begun voting, and even more surprising, they are doing so en masse. Hordes of students crowd the election tables after class and during breaks.
However, the glory of the elections voting stops there for the law school. The system is more flawed than Florida. Voting booths and privacy are non-existent. Verification of class level and section enrollment are unavailable. And the ballots listen a person twice: once in two different sections (people can only vote for their own section, supposedly).
Not only can election fraud occur, but it is bound to. Honesty is not necessarily a priority for attorneys, though the law school is desperately trying to instill ethics that will make us otherwise. Verification should take place on the spot to stop voting for people in other sections and other class levels. In addition, ballots should be scrutinized for voting errors. What can the elections committee possibly do if they find a discrepancy in any voting? I certainly hope that people have the honesty to keep the process a respectable practice.
I, however, feel very secure in this election. I also am happy with the votes I feel are occurring for the other person who actually campaigned for the position. I would love to serve with a person who puts effort into the job than somebody who just wants the title. Four of my five opponents have not even taken the time to put up a poster. I do not want to be stuck doing all the work. I will take somebody with ideas and respect for the job.
Tomorrow is another day.
------
Not Legally English, But Legal Vocabulary Word of the Day: Contributorily
1- Criminal Law
2- Trying Your First Case
3- Suing an Oil Company
4- Doing Gloriously in a Student Election
Criminal Law
I shall take a moment for each of these instances, so that my joy will be forever captured, and usable to remind me why I am here on a day of gloom.
Criminal Law has been portrayed as the evil that lurks in my week, waiting quietly to take my happiness hostage, resulting in sad resentment towards my legal education. I am equipped with an enormity of depth regarding Mens Rea and Actus Reus. I am reading detailed passages comprehensively, and comprehending details. But, I imaging I was bored with the teachings and presentations in class.
The disengagement was in play until the section we have just begun was assigned. The issue of rape has become a large part of my queries into law. Trying to become able to understand the laws, their reasoning and the application of such laws is something I am passionate about. In class I have begun to find myself answering questions the professor poses with immediacy and without thought. The only thing that has bested this newfound ability is being correct in my responses.
I have begun to rethink whether the field I want to enter is correct; more directly, I am not questioning the field of law insomuch as I question the side I wish to represent. I think this may be an internal war that, like Iraq, may never end. Hopefully I will not be a victim of the battle.
First Case
The Unemployment Action Center couples law students with persons in need of representation to receive unemployment benefits. Cases are tried in front of an administrative judge.
Cases are sent to all the Advocates, to which we are referred, and the Advocates then request a case. I do not know how the administrators of the agency decide, but they assign a case to an Advocate, and the Advocate runs with it.
I put in a request for a case and was lucky enough to be assigned to the client.
I have a client.
These words are roughly incomprehensible. Client. The word is something I have dreamed of calling a person for quite a while. Here, I am without a License from the Bar, I do not have a professional degree, and I am considerably young, but I have the opportunity to represent another person. I have a client.
We are urged - a term meant to imply a requirement - to have a partner on the first case we try. We get to choose our partners, so, I considered my possibilities. In doing so, I spent a large part of time thinking about my shortcomings, which was obvious with the mention shortcomings: I am short. Though I have a command of rhetoric, I do not have a commanding presence. So, what kind of person does one pick as a partner?
The biggest, bulkiest, meanest looking guy you can find. Sheer physical authority. A behemoth of a man. I picked Nelson. Nelson is a big teddy-bear of a guy. The teddy-bear, however is down deep. You have to know him. Luckily, the opposing party does not know him. Nelson is your average Wisconsinite. Bread for destruction, he was a 230 pound football running back and wrestler in high school. Attendance at the University of Wisconsin, a little twang to his talk and powerful laugh only solidify his solid stature. If this man in a black suit does not scare you, his Napoleonic partner sure will. (Napoleonic reads: me.)
Our first meeting with the client occurs this Friday, with a follow-up meeting next week on Monday or Tuesday, with the hearing occurring Thursday.
I had the pleasure of speaking with my client on the phone, and it was refreshingly strange to be shown such respect and deference.
I can get used to this.
Suing an Oil Company
Rules for life: do not test law students in the real world. Law Students would like nothing more than to try out their new knowledge, and have no problem challenging a person or company. There is nothing more delicious than trying a case in front of a judge for practice, especially when you have nothing to lose.
A local oil company - a corporation held under another larger oil company - offered a great price on oil per gallon. We wanted to lock in the rate and after a minutia of exchanges and acceptance of the offer, we set.
Or so we thought.
Long-story-short, as I see it, the company engaged in false-advertising, employed bait-and-switch techniques, breached contract and committed acts of criminal fraud. I threatened suit, a manager of the company apparently felt it was no more than a threat. Apparently he and his company will soon realize I am true to my word.
A letter requesting pre-litigation settlement was sent to the company's general counsel. When the attorney's open the letter, the time they spend reading the three pages of genius, as authored by myself, and their response will cost the company more than if they honored their documented advertisement and contract with us. Oh the mistakes people make.
The moral of the anecdote is: if a law student promises to file a suit, they probably have nothing better to do. Trust me, I know.
Idiots keep attorneys in business.
Student Election Update
The students have begun voting, and even more surprising, they are doing so en masse. Hordes of students crowd the election tables after class and during breaks.
However, the glory of the elections voting stops there for the law school. The system is more flawed than Florida. Voting booths and privacy are non-existent. Verification of class level and section enrollment are unavailable. And the ballots listen a person twice: once in two different sections (people can only vote for their own section, supposedly).
Not only can election fraud occur, but it is bound to. Honesty is not necessarily a priority for attorneys, though the law school is desperately trying to instill ethics that will make us otherwise. Verification should take place on the spot to stop voting for people in other sections and other class levels. In addition, ballots should be scrutinized for voting errors. What can the elections committee possibly do if they find a discrepancy in any voting? I certainly hope that people have the honesty to keep the process a respectable practice.
I, however, feel very secure in this election. I also am happy with the votes I feel are occurring for the other person who actually campaigned for the position. I would love to serve with a person who puts effort into the job than somebody who just wants the title. Four of my five opponents have not even taken the time to put up a poster. I do not want to be stuck doing all the work. I will take somebody with ideas and respect for the job.
Tomorrow is another day.
------
Not Legally English, But Legal Vocabulary Word of the Day: Contributorily
Tuesday, October 2, 2007
Tease-Filled Tuesdays - October 2, 2007
Tuesdays are a tease.
Legal writing occurs on Tuesdays. I like legal writing.
Civil Procedure occurs on Tuesdays. I like my Civil Procedure Professor.
Tuesdays suck. Excuse me, Tuesdays are not that great.
Tuesdays follow Mondays, which, by default, are bad because it is Monday.
Tuesdays are the precede Wednesdays, which in mountain climbing is analogous to being able to see the summit, the ultimate ascendancy and goal, but are far enough to see the summit, the ultimate ascendancy and goal. You can see how far you have to go before you get where you need to be. That is not a good thing.
Tuesdays are stressful because of the preparation I must do for weekly day of atonement: Wednesday.
I have three classes to look forward to on Wednesdays, after completing two classes on Tuesdays.
Tuesdays are a tease.
I have renewed my effort to contact a different friend, family member, and colleague each day of the week. I want to assure myself and others that I am still alive and that I can do more than log my thoughts through keystrokes.
My Torts professor has canceled class for the entire week. The responses to this cancellation of class is surprisingly refreshing, especially because it comes from my peers, most of which I am very "fond" of (define for yourself). There seems to be a duality in worries. (1) The first response after the initial "This is great!" is sincere distress for the health of the professor and his family. A law school professor, as law students will attest, will drive through a category five hurricane to teach class. If a professor misses one class, perhaps innocuous sickness is involved. A week's worth of class must mean very bad things. (2) The second worry is how class is going to be made-up. The wonderful people at the American Bar Association decided that students may miss no more than a set number of HOURS of class, regardless of the reason. This is why class is rarely canceled. It must be made up, and no student is happy with extra classes or an extended class time. Oh well, we shall see how this turns up.
Elections Update
When I surmised that the remaining four of the six candidates for my position who had not campaigned or hung posters would do so today after seeing that which was posted by myself and the remaining of the six, I was wrong. I guess some people just do not care. Nothing more was posted, and my posters still catch the eye.
Go team.
A First: I visited my first barber ever. Man-cuts are great and so is the shaving-cream-warming-device that is used. Hair-stylists are for wimps! No more blow-drying, hair-washing, long-manicured-fake-nail wearing, scissor-wielding ladies for me. I will take a New York cut, thank you. Call in the barber!
Legal writing occurs on Tuesdays. I like legal writing.
Civil Procedure occurs on Tuesdays. I like my Civil Procedure Professor.
Tuesdays suck. Excuse me, Tuesdays are not that great.
Tuesdays follow Mondays, which, by default, are bad because it is Monday.
Tuesdays are the precede Wednesdays, which in mountain climbing is analogous to being able to see the summit, the ultimate ascendancy and goal, but are far enough to see the summit, the ultimate ascendancy and goal. You can see how far you have to go before you get where you need to be. That is not a good thing.
Tuesdays are stressful because of the preparation I must do for weekly day of atonement: Wednesday.
I have three classes to look forward to on Wednesdays, after completing two classes on Tuesdays.
Tuesdays are a tease.
I have renewed my effort to contact a different friend, family member, and colleague each day of the week. I want to assure myself and others that I am still alive and that I can do more than log my thoughts through keystrokes.
My Torts professor has canceled class for the entire week. The responses to this cancellation of class is surprisingly refreshing, especially because it comes from my peers, most of which I am very "fond" of (define for yourself). There seems to be a duality in worries. (1) The first response after the initial "This is great!" is sincere distress for the health of the professor and his family. A law school professor, as law students will attest, will drive through a category five hurricane to teach class. If a professor misses one class, perhaps innocuous sickness is involved. A week's worth of class must mean very bad things. (2) The second worry is how class is going to be made-up. The wonderful people at the American Bar Association decided that students may miss no more than a set number of HOURS of class, regardless of the reason. This is why class is rarely canceled. It must be made up, and no student is happy with extra classes or an extended class time. Oh well, we shall see how this turns up.
Elections Update
When I surmised that the remaining four of the six candidates for my position who had not campaigned or hung posters would do so today after seeing that which was posted by myself and the remaining of the six, I was wrong. I guess some people just do not care. Nothing more was posted, and my posters still catch the eye.
Go team.
A First: I visited my first barber ever. Man-cuts are great and so is the shaving-cream-warming-device that is used. Hair-stylists are for wimps! No more blow-drying, hair-washing, long-manicured-fake-nail wearing, scissor-wielding ladies for me. I will take a New York cut, thank you. Call in the barber!
Monday, October 1, 2007
Sleep is a Splendid Thing - October 1, 2007
This weekend was far too good to go without note.
I have not slept as much in the last three years as I did this last weekend. I had imagined it would be a get-up and go Friday and Saturday, but I was wrong. Sometimes being wrong can be the best thing that we do.
I surmise our writing professor gave us Friday off to celebrate my birthday. However important some people feel my 23rd birthday is, they would be incorrect. Thursday night included tame festivities, and Friday left me with a home all to myself for the first time since the summer. It was party time!
There was one problem: my lack of sleep over the last five weeks, coupled with an abundance of stress and anxiety combined for the perfect sleep potion. I was supposed to go out on the town with a handful of the friends on Friday, but I slept through their incessant phone calls and text messages. Saturday was planned: a trip to the city to enjoy that which is fun. Again, I slept. Sleep deprived me of over 15 phone calls and the day of my birth. I was supposed to be having a good time with my friends, but instead, I was enjoying that which is the back of my eyelids.
But work had to be done! Sunday was my work day. I was going to get up in the morning and get straight down to business. If only life goes as planned. I slept more, and got a haircut. A successful day indeed.
I think that I really needed all that sleep. My activities and studying were catching up with me, and this last weekend included the rest necessary to get through the coming weeks. I still am amazed at how much I slept.
On the election front (cue CNN election update music), it seems that my affiliation with an organization that has focused on promotions has put me on top of the election world. I had the opportunity this last summer to teach marketing and event promotions to eager, malleable minds, and I decided that if the information I was dispensing was good enough for them, I may as well put it to the test.
Printing in color is very much over-rated. Instead of paying the 10 cents per copy to print in color, one can pay 5 cents per copy to print on color paper, which my peers will attest, is more noticeable and productive.
My posters, printed on bright yellow, red and orange paper is the most simple of the posters up, but very easily the most eye-catching of the bunch. Opponents, who it appears (though I have before been incorrect) have not before campaigned for a position, have put paragraphs of writing trying to pitch and idea, printed their picture on the posters, and, my favorite, have attempted to copy color posters into black-and-white.
The paragraph-long proposals-turned-posters will not be successful, I believe, for two reasons: (1) we as first year law students have more than enough to read as it is, and (2) we have no time nor will to take the minute to read such posters.
The picture-on-a-poster only works if face recognition mattered in an election. We who have an idea of politics and research know name is what matters, unless you are a model, which I am not. However, it does aid in students putting a name to a face. She may be onto something in this case.
The sloppy color posters and the black and white copies of them lack substance at all. The person using this type is not running against me.
There was a fourth poster, previously unmentioned, that bears mentioning. This poster looks exactly like mine: very simple and straightforward. The difference is it was printed on white paper, so it does not stand out.
Out of the six candidates in my section that I knew of, only two of us have campaigned. My campaigning opponent baked cup cakes and was handing them out in the student lounge. I am not sure how much success it will have, but, if it remains solely the two of us campaigning, it does not really matter, I guess. Two positions for two people who are giving an effort.
I expect to see copy-cat posters and more campaigning tomorrow. The week should get progressively more stressful and full of campaigning. Stay tuned.
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