Instincts Are Everything - January 5, 2008

Super Tuesday was not so super.

I thought Monday was harsh; Tuesday crept up out of nowhere. You always have to watch the silent ones.

The day was more awkward and surreal than it was hectic and eventful. I started later than I had planned. Lately, I have been waking up nearly one hour after my alarm sounds-off the first time.

I needed to turn in my research assignment for Appellate Advocacy. The document had to be time-stamped by my Professor's secretary before 12:00PM. The plan was to go to school and turn the assignment in then saunter over to the Department of Labor for my hearing - the hearings take place about two minutes from campus. I was running very far behind. I was so far behind that I had to use my backup plan (read: roommate). I quickly entered my car and drove like a New Yorker towards my destination. I had places to be and middle fingers to show people. New York is an ugly place; I am just trying to fit in.

I swung by my partner's dorm, and off we went to the hearing. He was to perform the direct examination of our client. Because of the special nature of the case, the burden shifted to our client, so she was to testify first. This means that my partner was going to go first as between the two of us.

We told our client to clean up her image for the hearing. We asked her to remove her lip-ring and cut down the earrings to one in each ear. I wanted her to project an innocence that her jet-black half-spiked hair was not accomplishing.

When we arrived, she followed our directions to the detail, and no more. I shook my head as we walked in.

To get to the meat of the story, the employer did not show up, the Judge continued to refer to us as law students on the record, and my partner fizzled. He made very large leaps in questioning, often going from the beginning straight to the conclusion. There was no foundation or story element in his questioning. It was hard to watch - I was going crazy.

During questioning, my client continually played with the pen I had given her. She found a way to make the pen click incessantly in every way possible. I wrote a note to my partner who was seated to her left. The note read: "Take her pen away!" And he did so.

I think the Judge caught on to who was really wearing the pants in the partnership. Every time there was a general question about law or procedure, the Judge would direct it to me. Once I started to read his thoughts and juxtaposed that against our case, I got the picture. It was like discovering the Rosetta Stone.

I really wanted to close at least one of my three cases this week, however nothing I want ever happens. The case today was postponed. Two cases prepped and ready this week, two cases still open. Oh man.

After the case I drove to school. I had asked my roommate to turn in my paper. I trust the gal, but one can never be too sure. I went to go make sure she turned the assignment in, as it was not quite noon. I was right, it was not turned in. Instincts are everything.

I called her, and it turns out she was just walking into the Law School. I met her halfway, complained to her about my frustration with my partner, confirmed our meeting with my third client, and took the paper from her. I turned the assignment in and walked to Civil Procedure.

Civil Procedure is a blip on the screen of my day display. It came and went, and I do not remember much about it, other than the fact that it happened.

Then the fun began.

I met Client Three in the lobby of the Law School and was joined by Lindsay not too much later. Before I go forward, let's go back.

Lindsay is a fantastic partner. The girl can hold her own, and actually understands the process. It is like projecting another one of me into another human being for hearing purposes (and nothing more). Needless to say, taking cases with her is a relief.

So, when a new case is available, an email is sent out to all the advocates. Cases are claimed on a first-come first served basis. When we saw this case come up, though I already had two, and the location of the hearing were not great, we snatched it up. We did this for a few reasons, but one stands out the most: the client was involved in the case that we just appealed. She was terminated for the same reason as our last client. Let's just say that Lindsay and I know the case, just a little.

We sat down with our client, and told her she had to ask for an adjournment - this is when a case is temporarily closed - and we were met with hesitation. The client did not want to reschedule, she wanted to get it done. We told her that the choice was up to her, but that we not only knew the case, but we know the system. We explained how much benefit she gains from having us there. Her daughter, who was there with her, went to go call her father to get his approval, and long story concluded: she is doing as we asked.

When Lindsay and I discussed who would do the direct examination and who would take care of the cross examination, we unanimously decided that Lindsay would do the direct and I would do the cross. We both reasoned that the employer is already scared of me quite a bit, and that the second time around would be classic.

After meeting with the client I sat and waited. The next meeting was going to be interesting.

I have a history of being on a first-name basis with the top administrators at schools and colleges. There are a number of reasons (including my Type-A personality) that I am given such attention. The biggest reason is usually my yearning for fairness and justice. If I feel something I wrong, I try to fix it.

I walked towards the Dean's Suite. I walked in to a smiling Dean and walked out no better off than I was when I entered. The Dean, however, was no longer smiling. But this is a story for another time. Sorry, folks.

I came home very drained and only wanting to sleep. So, that is what I am going to do now.

My subconscious is my happy place. So is CNN. And, Carl Bernstein is old.