Another Day, Another Client - November 14, 2007

Oh what a day. Class after class (after one more class) is the way these days go. From early-morning contracts - where my professor definitely exhibited his inability to match his bow-tie to the rest of his clothing - to a raucous criminal law class - where my favorite person who feels the need to talk in every single class in an incessant and overtly annoying manner was proved incorrect twice - I was off to torts.

I giggled throughout class upon learning that the professor (Professor Walker) had been nicknamed "Walker, Torts Ranger" by some of my brilliant peers. After torts concluded, I was sequestered in the same room for a mandatory, as are all things annoying in law school, training and installation of test-taking software for finals. What should have taken 10 minutes turned into a one-hour circus of installation and practicing. I am overjoyed that I am given the opportunity to take all my finals on the computer, but it has created a number of over-burdensome tasks and needs. Go technology!

My unemployment case has become very much an interesting adventure. Without divulging any privileged information, I have been educated on a very real occurrence in the law. Nelson and I were given a very edgy situation which presented the opportunity for us to measure - and later set - our ethical boundaries. By continuing our representation of our client, given the circumstances involved, we would have been treading the boundaries of aiding a crime and crossing the line of ethics. Our dilemma was propounded by information from our client twice, and I could only justify continued representation after the first instance was revealed.

We feel that if we cross ethical lines now, as law students and pro-bono representatives, we will be at risk when we pass the Bar Exam and are being paid to represent people. I want the boundaries to remain clear.

Inasmuch as our former client is now without representation, I maintain the position that a client must reveal everything to their counsel. If there is information that your representative does not know, you can be sure that they will be blind-sided at trial.

I had already taken on a second client with my roommate, Lindsay. I was poised to try two cases in one day. I wanted to experience the life of a trial attorney, and the pressure that they feel. I will not, however, have this chance next Tuesday. The case we are trying is much more solid, and an all around good Claimants case. Plus, the Claimant (our client) is a very nice, very down-to-earth man; this will make representing him all the much more fulfilling . We do, however, have the same mean Judge again. At least, this time, I know exactly how to handle her.

The chance that the employer will have representation (read: an attorney) is much more likely than previous cases. The company is a large chain store (that is very recognizable) with many stores. Plus, the level of benefits at stake is much higher than a normal employee because our client held a decently high management position. I am very much excited. Plus, this give Lindsay and I a chance to bond more and we get to see what we are each made of. Should be a great competition between us to perform at a very high level. Lindsay has the employment law background where as I have the trial and performance based background. I will, again, be performing the cross-examination of the employer and the closing. There is nothing I like more than a cross-examination.

I cannot get my hands on enough real-life practice. Whenever I question my decision to go to law school, two things renew my interest and love for the field. The first is a phone conversation about a legal issue with my father. The second is arguing, discussing, trying and proceeding with a real case through the Unemployment Action Center. I love every minute of my preparation and enjoy trying the case even more. And, surprisingly, I am really liking employment law, but not more than criminal law. Phew!

Criminal law is canceled for tomorrow, which is good news. I can relax a little. Back I go to adjusting my legal writing paper. It is the final assignment, and I am definitely planning on turning in a masterpiece. Plus, my professor is expecting no less from me.

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Torts Professor Quote of the Month - "There are things so dumb that even a jury can figure it out for themselves."