It has been one of those days when I feel slow and stupid...also one of those days I have three places to be at once and so I feel like I end up doing nothing well. One of those days you feel like you are somehow operating through a filter. The air is thicker, the neurons have to push through something to reach their destination. On days like these you have to rely on your organization and competence from earlier days to get you through- because if you start thinking too much, you are going to screw it up. I am going to go for a walk which will hopefully get my mind moving and back into the swing of things.
Luckily, I just have some mindless crap to do after Federal Court... I've already hit two courts this am-- just one final one to go and I am ready, cases pulled, client briefed-- and its just a little hearing with any luck there will be no problems... Although by merely writing that I'm sure I've jinxed myself into making it a full blown problem. : )
I am so ready to go lie on the beach and think of nothing important. Oh, wait, Katrina screwed that up. Damn you Katrina! and Alabama got the least of it this time. I find this amusing: This weekend at the Coast I was supposed to repair the screens my dogs had ruined...I told MadDog that at least I hadn't gone down there fixed them and then had them ripped out the following weekend- that would have really pissed me off.
What really bothers me about the destruction is that instead of wonderful laid back shacks being built back what always seems to happen after hurricanes is that the giant Corporate hotels and condos flood in in larger and larger numbers. I wish all those damn developers would just go AWAY!
When I was a child going to the coast meant nasty sulfur water, outdoor showers and all the kids in the main room. Our days were filled with mosquitoes, bottle rocket wars in the sand dunes, Junk cereal, seaweed, jellyfish and snorkeling at the water's edge until you turned all pruny when an adult would finally wake up and come down to the ocean with you. Evenings were filled with solorcaine in front of the box fan, stealing your parent's beer, and driving an hour to the store because we ate all the white bread.
Now a days it means clean chlorine pools at the condo, central air, taking the elevator down to the lower level, perfect water for showering, each child with a bedroom, cable TV, shopping, gourmet foods and amusement parks.
It means places to stay where you don't need pliers to turn on the water. Where you don't get splinters if you drag your feet on the deck. Where raised wooden walkways keep your feet from sandspurs.
Remember how it used to be? I do, and I miss it.
Wednesday, August 31, 2005
Thursday, August 25, 2005
On being self employed...
I knew quickly when I graduated from college that I needed to work for myself. Working for other people was just not going to work for me. Sure, I did a great job taking care of them, but I wanted to do all of that for ME.
Being a lawyer was a profession I knew would allow me to do that, and provide new and different challenges on a daily basis. I also knew that even if I decided not to be a lawyer in the end, the knowlege and discipline of law school would give me an edge in whatever path I did take. I needed something to support myself until I got my book written.
So I became a lawyer. I pretty much knew from the time I entered law school I would never ever work for a firm. Working for myself is the greatest thing ever. I decide when I come in, when I leave, how my files are organized, what to charge a client, when to write on my blog. I am the kind of person who would feel like I was cheating my employer if I wrote on my blog durring work hours- but my curent boss has no problems with it. : )
I always say, "My boss can be a real bitch when it comes to getting my work done, but she's also very flexible about everything else."
The thing is, I've seen so many lawyers and others who just shouldn't work for themselves. You have to have a certain personality type to do it. You have to be a self starter. You have to be organized. You have to be self disciplined. You have to be able to keep financial records, and live within your budget. You have to make yourself stay at work when its slow, and come in on Saturdays when you have too much to do.
You have to know yourself-- if you want money, fame, and power- you probably need the framework a lawfirm provides. Solos are seldom searching for those things. I want financial comfort, personal satisfaction and a life. I want to live within my ethical framework and not have a choice made for me that I do not feel is right. These things are more important to me than being rich.
Being a lawyer was a profession I knew would allow me to do that, and provide new and different challenges on a daily basis. I also knew that even if I decided not to be a lawyer in the end, the knowlege and discipline of law school would give me an edge in whatever path I did take. I needed something to support myself until I got my book written.
So I became a lawyer. I pretty much knew from the time I entered law school I would never ever work for a firm. Working for myself is the greatest thing ever. I decide when I come in, when I leave, how my files are organized, what to charge a client, when to write on my blog. I am the kind of person who would feel like I was cheating my employer if I wrote on my blog durring work hours- but my curent boss has no problems with it. : )
I always say, "My boss can be a real bitch when it comes to getting my work done, but she's also very flexible about everything else."
The thing is, I've seen so many lawyers and others who just shouldn't work for themselves. You have to have a certain personality type to do it. You have to be a self starter. You have to be organized. You have to be self disciplined. You have to be able to keep financial records, and live within your budget. You have to make yourself stay at work when its slow, and come in on Saturdays when you have too much to do.
You have to know yourself-- if you want money, fame, and power- you probably need the framework a lawfirm provides. Solos are seldom searching for those things. I want financial comfort, personal satisfaction and a life. I want to live within my ethical framework and not have a choice made for me that I do not feel is right. These things are more important to me than being rich.
Wednesday, August 24, 2005
Law School Advice...
Anon. Asked if I have law school advice, and why, yes, yes I do since you asked. : )
First, Law School sucks. Ok? No matter how well you did in college, so did everyone else there. Add to that insecurity, a harsh grading on a curve system, and the stress of this being CRITICAL to your future and well, it can really suck. But, as I was told when bitching about this-- you have to get over it and just deal. Law School is about survival. As long as you pass the bar, you WILL do fine.
So, number one: Remember that everyone you meet in law school is going to be practicing with you. Be nice to them even when they aren't. This will come back to you and serve you well. Just remind yourself that one day these people are going to "get it" and then know that you got it long before they did. They will then be impressed. I have had people apologize to me for how they behaved in law school.
Second: Unless you are in the top ten percent and really want to clerk at a big firm, I suggest you apply to clerk for a District or Circuit judge after your first year. It will probably be unpaid, but you will learn more about how the law really works doing that than any thing else. It will also help you meet attorneys if you are not in the top ten percent and thus get a job.
Third: Treat law school like a job--8 to 5 and then stop. You should be able to get your studying done and stay on top of things. Brief your cases religiously for the first semester. Remember, it all boils down to one test at the end of the semester. Buy those casenotes books. Read. Go out, exercise and have fun- just don't skip class.
Fourth: Find someone who is a third year and get their notes for first and second year. People can be really weird about sharing notes but it really helps to have someone else's notes from a class to know where the teacher is going. I had the notes from the editor of the Law Review. Extremely helpful.
Fifth: Remember that any awful thing you do will be hashed and rehashed by the gossip mongers. One girl in my class is now known as the girl who stuck her finger in a guy's butt. Another guy is the cokehead. Do your best not to be either of these people. Fly under the radar.
Sixth: Don't be a gunner. (A gunner is someone who is trying really hard.) Don't sit in the front row, don't sit in the back.
Ok, so that's my basic advice. If I think of anything else, I'll add it. Good luck!
First, Law School sucks. Ok? No matter how well you did in college, so did everyone else there. Add to that insecurity, a harsh grading on a curve system, and the stress of this being CRITICAL to your future and well, it can really suck. But, as I was told when bitching about this-- you have to get over it and just deal. Law School is about survival. As long as you pass the bar, you WILL do fine.
So, number one: Remember that everyone you meet in law school is going to be practicing with you. Be nice to them even when they aren't. This will come back to you and serve you well. Just remind yourself that one day these people are going to "get it" and then know that you got it long before they did. They will then be impressed. I have had people apologize to me for how they behaved in law school.
Second: Unless you are in the top ten percent and really want to clerk at a big firm, I suggest you apply to clerk for a District or Circuit judge after your first year. It will probably be unpaid, but you will learn more about how the law really works doing that than any thing else. It will also help you meet attorneys if you are not in the top ten percent and thus get a job.
Third: Treat law school like a job--8 to 5 and then stop. You should be able to get your studying done and stay on top of things. Brief your cases religiously for the first semester. Remember, it all boils down to one test at the end of the semester. Buy those casenotes books. Read. Go out, exercise and have fun- just don't skip class.
Fourth: Find someone who is a third year and get their notes for first and second year. People can be really weird about sharing notes but it really helps to have someone else's notes from a class to know where the teacher is going. I had the notes from the editor of the Law Review. Extremely helpful.
Fifth: Remember that any awful thing you do will be hashed and rehashed by the gossip mongers. One girl in my class is now known as the girl who stuck her finger in a guy's butt. Another guy is the cokehead. Do your best not to be either of these people. Fly under the radar.
Sixth: Don't be a gunner. (A gunner is someone who is trying really hard.) Don't sit in the front row, don't sit in the back.
Ok, so that's my basic advice. If I think of anything else, I'll add it. Good luck!
Tuesday, August 23, 2005
Representing yourself...
There is an old saying in the law that someone who represents himself has a fool for a client and a jackass for a lawyer. For anything serious this is definitely true, but then there are the iffy cases-- small misdemeanors.
If you are going to represent yourself these are some things I saw today that I recommend against:
1. When the D.A., assistant D.A. or whatever they call the person in your district calls you up and makes you an offer-- listen to his or her offer in its entirety before beginning your part of the talk, and before rejecting the offer.
This person is merely a hired gun and pissing him or her off will just make things harder. Person after person today came up and just as the prosecutor was in the middle of his offer they would interrupt with, "Naw! I ain't gonna plead guilty." If you have some fact you think renders you innocent, wait until s/he is done and then present it to him/her. Do remember that the whole, "Anything you say can and will be used against you." Still applies.
2. If you accept the guilty plea, you have to be willing to admit you did it. This is one of those pesky fundamental requirements of the Justice system. The Judge will not let you get up there and plead guilty unless you admit you did whatever it is you're accused of doing. If you maintain your innocence, s/he will make you sit back down and have a trial. For some reason, the Justice system believes that no innocent person would ever plead guilty.
3. Bringing a bible up with you is not going to help. Even in Alabama. However, not wearing beer/pot/or stripper clothing may help.
4. Using, "Please," "May I, " and "Would you mind," is highly recommended, even if you do not wish to use Sir. Muttering "Fucking pig, " under your breath is not. Police officers are pigs. Assistant D.A.s are not pigs, no matter how porcine they appear. Get it straight if you're going to insult someone. That's like calling a Southerner a Yankee.
5. Relying on what other people have told you is the law is really a bad idea. I promise you: if that dude who was in jail with you who gave you advice was anywhere nearly as smart as you seem to think he was- he wouldn't have gotten caught. Great example: I once listened to a man who got up in front of the Judge and began his rap about how the judge should grant him a chance to go to rehab, just like the Judge's sister was granted a chance to go to rehab. He went on and on with a few insinuations that it wasn't fair that the Judge's sister got to go to rehab if he didn't and maybe he would be calling someone about that...Finally, he was done and the Judge peered over her glasses at him and said, "Well, that's all very interesting, Mr. X, but I don't have any idea what you're talking about. I don't actually have a sister."
Bwahhaa. I felt pretty bad for that guy.
Now, a great example of when to represent yourself: MadDog's secretary got a speeding ticket. She looked down at the ticket and saw that the officer had written the ticket for going 30 in a 30. She didn't tell the officer- he might have just written another. THIS is the kind of loophole you should exploit. Nicely. She got it thrown out- all she did was hand it to the DA and say, I'll be happy to plead guilty to going 30 in a 30. The DA started cracking up and threw it out.
Ok, have a great Wednesday!
If you are going to represent yourself these are some things I saw today that I recommend against:
1. When the D.A., assistant D.A. or whatever they call the person in your district calls you up and makes you an offer-- listen to his or her offer in its entirety before beginning your part of the talk, and before rejecting the offer.
This person is merely a hired gun and pissing him or her off will just make things harder. Person after person today came up and just as the prosecutor was in the middle of his offer they would interrupt with, "Naw! I ain't gonna plead guilty." If you have some fact you think renders you innocent, wait until s/he is done and then present it to him/her. Do remember that the whole, "Anything you say can and will be used against you." Still applies.
2. If you accept the guilty plea, you have to be willing to admit you did it. This is one of those pesky fundamental requirements of the Justice system. The Judge will not let you get up there and plead guilty unless you admit you did whatever it is you're accused of doing. If you maintain your innocence, s/he will make you sit back down and have a trial. For some reason, the Justice system believes that no innocent person would ever plead guilty.
3. Bringing a bible up with you is not going to help. Even in Alabama. However, not wearing beer/pot/or stripper clothing may help.
4. Using, "Please," "May I, " and "Would you mind," is highly recommended, even if you do not wish to use Sir. Muttering "Fucking pig, " under your breath is not. Police officers are pigs. Assistant D.A.s are not pigs, no matter how porcine they appear. Get it straight if you're going to insult someone. That's like calling a Southerner a Yankee.
5. Relying on what other people have told you is the law is really a bad idea. I promise you: if that dude who was in jail with you who gave you advice was anywhere nearly as smart as you seem to think he was- he wouldn't have gotten caught. Great example: I once listened to a man who got up in front of the Judge and began his rap about how the judge should grant him a chance to go to rehab, just like the Judge's sister was granted a chance to go to rehab. He went on and on with a few insinuations that it wasn't fair that the Judge's sister got to go to rehab if he didn't and maybe he would be calling someone about that...Finally, he was done and the Judge peered over her glasses at him and said, "Well, that's all very interesting, Mr. X, but I don't have any idea what you're talking about. I don't actually have a sister."
Bwahhaa. I felt pretty bad for that guy.
Now, a great example of when to represent yourself: MadDog's secretary got a speeding ticket. She looked down at the ticket and saw that the officer had written the ticket for going 30 in a 30. She didn't tell the officer- he might have just written another. THIS is the kind of loophole you should exploit. Nicely. She got it thrown out- all she did was hand it to the DA and say, I'll be happy to plead guilty to going 30 in a 30. The DA started cracking up and threw it out.
Ok, have a great Wednesday!
Name of the Day....
And the name for today is:
Albetanisha
To me, it sounds like one of the words Jeff Forworthy would come up with, "Albetanisha comes home, then I'll win, and if she don't, then you win."
Albetanisha
To me, it sounds like one of the words Jeff Forworthy would come up with, "Albetanisha comes home, then I'll win, and if she don't, then you win."
Friday, August 19, 2005
closed comments
I closed the comments to the kakhi pants due to another "hijacker" comment. I opened it back up, just ignore the crap. Philosophicalawyer shakes her fist at hijacker... "if you were on fire I wouldn't piss on you to put it out." That was always one of my favorite insults.
What you first grader should know...
I wasn't going to post today, but I found an article on MSN about skills your first grader should have...(Yes, I was wasting time...) and it kind of struck me... Wow! FIRST GRADE? I know fully functioning adults who couldn't properly complete this list... "Participate in group decision making?" Hmmm. We all know people who can't do this!
And "Understand traditions that reflect American ideals and influences from diverse cultures within the nation." Please read 1984 and remember that Newspeak is BAD people. Is this where we studied where Christmas traditions came from?
Social Studies
Locate the United States, the seven continents, and the four oceans on a large map or globe
Construct and interpret simple maps with cardinal directions and map key
Demonstrate awareness of current news
Participate in group decision making
Understand traditions that reflect American ideals and influences from diverse cultures within the nation
Create charts and timelines demonstrating an understanding of past and present
Recognize shared values and goals as students in the same community, despite differences in backgrounds
Have a great weekend!
And "Understand traditions that reflect American ideals and influences from diverse cultures within the nation." Please read 1984 and remember that Newspeak is BAD people. Is this where we studied where Christmas traditions came from?
Social Studies
Locate the United States, the seven continents, and the four oceans on a large map or globe
Construct and interpret simple maps with cardinal directions and map key
Demonstrate awareness of current news
Participate in group decision making
Understand traditions that reflect American ideals and influences from diverse cultures within the nation
Create charts and timelines demonstrating an understanding of past and present
Recognize shared values and goals as students in the same community, despite differences in backgrounds
Have a great weekend!
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