Easy Like Thursday (Morning?) - November 15, 2007

Usually Thursday yields two-hours of excruciating criminal law and a dose of civil procedure. My criminal law professor canceled class today, so all I had to tend to was civil procedure which was a welcome relief. This also meant that my entire morning was free. In fact, other than scheduling a meeting with my newest client, I could have slept until 2:00PM; I did not have class until 2:40. Easy, breezy!

For a reason I do not know, my professor loves to choose me to take part in all his interactive examples. I do not mind being theatrical, but, in civpro, I am not given a script. I often do not know where he is going with the examples or what it is he wants me to say.

Today, we were talking about illusory promises. Basically, an illusory promise is a promise or contract which states no specific details. For example:

"Let me show you what I mean," said the Professor. "Let's use… ahhhh! Mr. H!"
"Oh gosh," I said to Michelle and Megan seated next to me. They both giggled at my luck and soon-to-be degradation.
"Mr. H, I want to buy your computer," the Professor said.
"Uhhhh. O. K?" I replied.
"Do we have a contract now?" Professor D asked the class.
"Yeah. Yes. I believe. Grumble, grumble, grumble. Grumble?" was the majority of the responses received in answer to his question (which I thought was rhetorical - but hey, who am I?)
"Mr. H, here is five dollars. Let me have your computer," he said with a smug grin.
"Um, no? Dream on." I told him.
"But we have a contract. You said you would sell your computer to me, and I am giving you five dollars." he said.
"Class, does Mr. H have to sell me the computer?" D asked.
This is where Megan poked me and laughed. All these jokesters in class. They came up with a yes. But then, from the depths of the row in front of me came a meek "No."
"No!" the Professor said exuberantly. "That is an illusory promise!"

Now, what was a guy to do? I never know where he is going with his examples. I never know how to react or what to say. I did, however, know that there was no way in the world I was going to give him my computer. At the very least, I wanted to copy my files over.

I also had a meeting with my newest client today. We had the chance to interview him and get the entire story. Actually, we had the chance to get whatever story he wanted to relay to us. As I have realized: everybody lies, nobody tells the full truth. But, here was to hoping that he would tell all.

The case is going to be a crap-shoot. The employer is the owner of a multi-store dollar store chain. He is almost certainly going to employ legal counsel. I want to have the experience of going up against a competent adversary. Hopefully this case will yield these results.

My client, was released from his job as a District Manager after seven years of unfettered service to the company. He never received a warning or reprimand on the job, was always diligent and never had any problems. He was fired for making an order that was "too large" in the eyes of his boss. Oh yes, it is that simple. I am sure I will write more about it later, but he is a really nice, down-to-earth and very respectful man. Working for him will be a joy. I think.

Later, I was engrossed in the Democratic Presidential debate. It was exciting, well-planned, superbly executed and easily entertaining. Congratulations to the organizers and Wolf Blitzer, the moderator. I could not turn away from the television. It was even on my mind for days after. I get sad when presidential primary debates excite me. I am dead on the inside.

In other news, I intend to sleep-in tomorrow morning. Hallelujah!