The Death of a Highlighter - January 30, 2008

I am sure everybody has a few days in their life when they feel invincible. One of those days when nothing can go wrong and everything is going right. A day when you are an unstoppable force. You are the person who looks ravishing in a business suit and is one to be reckoned with. And then your highlighter is sent to a great-big farm where it can chase after goats and ducks and roam free - at least, this is what they told me.

Today marks the passing of my prized highlighter. It was with me through the good and the bad. It always showed me the important parts of life. Compared to my Yellow Highlighter, none other is as much as standout as it once was. Rest in peace, beloved Yellow. I now have good reason to purchase that blue highlighter which has eluded my grasps since the beginning of the year.

Today started with a hot bowl of cream of wheat (prepared by my roommate). When your roommate makes you breakfast, nothing can go wrong the rest of the day.

We finally finished our client's appeal brief. If you do not know what it is, you are one lucky person. They are never fun, and often long. This one was not fun and it was very long. I, however, began to have fun with my writing towards the end. I feel the necessity to share a piece of the appeal, so a sense of my frustration will be relayed. Read on:

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Mr. K quite literally wrote the book on procedures and policies for his Employer. In reference to a question from Claimant’s Counsel regarding the existence of a company policy manual, the Employer’s witness responded that “They have a manual in the stores for the managers [and] how [they are] to order and it was done by [K].” It is reasonable to suggest that the Claimant would know when he was violating policies he authored, when he “knew very well how to order, [and] what to order.”

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This is what happens when a judge forgets that we have a document known as the constitution to protect due-process rights. Perhaps she skipped that day in third grade.

After sending our masterpiece to the Department of Labor and the opposing party (the employer) via certified mail, it was off to school.

Since receiving the summer job offer yesterday, things really have started to look up. And then I went to Contracts. I have before described him as senile, but his class is absurd. The people who had him last semester tried to warn me. "His class is a joke," they said. Did I listen? Of course, not. I once had a professor during undergrad who I could best describe to others as senile. Contracts professor joins the club.

After one hour of shaking my head in disbelief, Nelson and I embarked on the next page of our pro-bono representation. We were consulting, interviewing and discussing the second case we have taken this year with our newest client. Usually I can pick winning cases. If only Nelson and I had known more; this case is going to be very tough to win. The employer sounds like a class act (sarcasm). My cross-examination will be quite fun.

After our meeting, I rushed to meet my Civil Procedure professor, who has become, in large-part, a mentor to me. He gave up over one hour of his time to discuss my life and my tribulations. He gave me some great advice, and it was great having an impartial ear on which I could bounce ideas and other such things.

After my meeting, I sat in the library and caught up on my reading assignments. You may have noticed that my favorite class was not yet mentioned. Usually it would be mentioned as the one thing to ruin my day, but that class was cancelled, and the untimely passing of the Yellow Highlighter was to take its place.

I was minding my own property, learning about adverse possession (which is oh-so-fun). I picked up my tubular friend, and went to highlight an especially important passage. I did as I usually do: slid its unforgiving felt tip along those very lucky words I wished to remember for the rest of my … day. This time, nothing happened. It was quick. My books shall never be the same - at least, not until I purchase another.

After the death of Old Yeller, I attended Property. As interesting as the professor makes the class, the information is a lost cause. Check property, and anything having to do with it, off my list of things to do.

And, today, I have no complaints. Things are going well, and I am again the joyful pessimist I once was.


I do not expect tomorrow will go as well, but I am often wrong. I really hope my wrong-streak stays alive. Bad days-a-comin. (I pray not.)