Sunday, July 26, 2009
Schedule Changes......
I changed my schedule. There was no way I could sit through Real Estate Transactions....not interest whatsoever. So I am now taking a Class in Adv Gov't and Con Law called Terror Detainees. This should prove to be an interesting class. The class is taught by Professor Dillar, who I had for property my first year in law school and really liked. I shall keep you posted on what this class ends up being like.
Summer Learning......
I have been quite neglectful in posting on my blog for all the followers. Being busy and learning new things has been quite exhausting. When I come home, half the time I just want a nap!
I am learning alot this summer. One thing that I am learning that is invaluable is the saying that honey goes much further than vinegar. There is an attorney in the office that plays a bit of the favorites. I really like this attorney, but have been wary around this person because I had heard alot about the shennanigins that has been created in the past by him/her. Anyway, I have made it my mission to be sweet and indespensible. And in the process I have learned so much from him/her. Court procedure, drafting motions, trial stradegy.....so on.
Court: Whoo, this has been a trial by fire experience. The judge is a formal, southern guy. My first two appearances I have received, "I am not going to do your work for you" for simple things that I feel are unnecessary. For instance, I requested that he order a parent to stay in court until I could have the person served--totally within his realm, it would have been 2 minutes, but he refused to do it. So, I have learned that knowing your judges personality and idiosyncracies is IMPORTANT. This judge likes a woman who talks soft, is feminine, and real polite--basically not me! LOL. But I have learned to give him the image that he wants, and in doing so, I get what I want. Sell out, I know, but hey----I win in the end.
Lawyering: I have learned the art of making and argument to the court. I have spenct countless hours researching for an argument, and we get to court, and the unthinkable happens, and the next thing I know, I have to argue for the unexpected. I have learned that I can do so and win.
Other Lawyers: I have learned that older lawyers take advantage of the newbies and try to be snarky jackbutts in court. I had a lawyer say I was "misrepresenting facts" though what I said was exactly right and supported by the record. Yikes!
Court Again: I have learned how to build a record. As well as when to argue something, and when to let it pass you by because in the end it does not matter.
Office Politics: I have learned that state offices are the den of office politics. I was shocked by how brutal and ugly as well as how back stabbing some people can be. Eyes wide open on this one now. Watch your back. If someone has worked for the state, in the same department for 20 years, watch it. There is a reason why they have been there for so long.
So, that is not all I have learned, but just the highlights. School is getting ready to start soon. I have 3 homework free weekends now before the start of school. The 4th weekend before school starts will be used to move and reading for that first class period. Can I share that I am so glad this is my last year? What a journey.
I am learning alot this summer. One thing that I am learning that is invaluable is the saying that honey goes much further than vinegar. There is an attorney in the office that plays a bit of the favorites. I really like this attorney, but have been wary around this person because I had heard alot about the shennanigins that has been created in the past by him/her. Anyway, I have made it my mission to be sweet and indespensible. And in the process I have learned so much from him/her. Court procedure, drafting motions, trial stradegy.....so on.
Court: Whoo, this has been a trial by fire experience. The judge is a formal, southern guy. My first two appearances I have received, "I am not going to do your work for you" for simple things that I feel are unnecessary. For instance, I requested that he order a parent to stay in court until I could have the person served--totally within his realm, it would have been 2 minutes, but he refused to do it. So, I have learned that knowing your judges personality and idiosyncracies is IMPORTANT. This judge likes a woman who talks soft, is feminine, and real polite--basically not me! LOL. But I have learned to give him the image that he wants, and in doing so, I get what I want. Sell out, I know, but hey----I win in the end.
Lawyering: I have learned the art of making and argument to the court. I have spenct countless hours researching for an argument, and we get to court, and the unthinkable happens, and the next thing I know, I have to argue for the unexpected. I have learned that I can do so and win.
Other Lawyers: I have learned that older lawyers take advantage of the newbies and try to be snarky jackbutts in court. I had a lawyer say I was "misrepresenting facts" though what I said was exactly right and supported by the record. Yikes!
Court Again: I have learned how to build a record. As well as when to argue something, and when to let it pass you by because in the end it does not matter.
Office Politics: I have learned that state offices are the den of office politics. I was shocked by how brutal and ugly as well as how back stabbing some people can be. Eyes wide open on this one now. Watch your back. If someone has worked for the state, in the same department for 20 years, watch it. There is a reason why they have been there for so long.
So, that is not all I have learned, but just the highlights. School is getting ready to start soon. I have 3 homework free weekends now before the start of school. The 4th weekend before school starts will be used to move and reading for that first class period. Can I share that I am so glad this is my last year? What a journey.
Thursday, June 11, 2009
Expert Witnesses
I have been in court all week watching an interesting trial. What has struck me this week is the how much some expert witnesses enjoy taking on the attorney's. Two doctors of psychology testified. One for the state, one for the respondent.....Each one enjoyed their time on the stand thouroughly. Each listened intently and did not allow the attorney from the opposing side to corner them or trick them. At one point, one doctor said, "I love arguing with you lawyers" with a big, fat smile on his face. And you could tell he did enjoy it.
One attorney said, "Isn't it true that the largest part of your practice is DHS referrals?" And the child's attorney said, "Objection, we are all whores to somebody." lol......To which the judge even laughed.
I have learned alot this week in the courtroom. #1 thing, you are not likely to trick a psychologist. I think they just might be more cynical then attorney's.
One attorney said, "Isn't it true that the largest part of your practice is DHS referrals?" And the child's attorney said, "Objection, we are all whores to somebody." lol......To which the judge even laughed.
I have learned alot this week in the courtroom. #1 thing, you are not likely to trick a psychologist. I think they just might be more cynical then attorney's.
Tuesday, June 2, 2009
My First Legal Spanking
I was in court Monday doing my law clerk experience. I can't really talk about what was going on, because of confidentiality reasons. What I can say is that I got a really good spanking from the judge for something that was not my fault. Our office did not get one of the parents served with the petition and summons, so that the parent would have the 10 day notice required by law. I tried contacting the parent's attorney before court, but the attoreny never returned my phone calls. So when we were in court, I turned to counsel and pointed out there was a service defect and would he be willing to waive the defect? This attorney got belligerent with me and refused. Okay, that's fine.
So, I asked the court to order the parent to appear in 10 days, since the parent was present. The judge said no can do. He said, "I am not going to take your case for you Ms. _____. It is within the state's power to insure that the defendant is served in time for the hearing. The court cannot help it if you did not accomplish this."
Okay, I smiled, said I understood and moved right along. However, in my head I was mentally kicking the person whose job it is to tell me whether the person is served in time. Oh well, it was bound to happen sometime, yes? As a good friend said, it's not the spanking they will hold against you, it is how you handle it that counts.
So, I asked the court to order the parent to appear in 10 days, since the parent was present. The judge said no can do. He said, "I am not going to take your case for you Ms. _____. It is within the state's power to insure that the defendant is served in time for the hearing. The court cannot help it if you did not accomplish this."
Okay, I smiled, said I understood and moved right along. However, in my head I was mentally kicking the person whose job it is to tell me whether the person is served in time. Oh well, it was bound to happen sometime, yes? As a good friend said, it's not the spanking they will hold against you, it is how you handle it that counts.
More thoughts on 2nd Yr, 2nd Semester Professors
So, here is a link to thoughts on my past professors: Professor Recap.
As promised here are my thoughts on this last semesters professors. As you can see, I have had some of these professors before.
Appleman: I took Criminal Procedures with her this semester. With 5 weeks left, she had a medical emergency and had to go on bed rest. Standen took over. I have to say that Appleman continues to be my favorite professor. She is funny and makes the learning process engaging and amusing. This is my favorite course so far in law school. She gave one monster of a final, which is fine. I was expecting it. It was also fair as most of it was based on the weeks she taught, rather than on what Standen taught when he took over.
Standen's take over: 5 weeks of hell. I really enjoyed him in Evidence, but Criminal Procedures for teaching of Miranda was useless and theoretical. After this, no way would I ever take another class with him.
Judge Landau: One of the nicest person I have ever had the pleasure of meeting. He taught Statutory Construction. I learned alot in his class and was constantly amused by his stories about interpreting laws from the bench. His passion for his subject matter is apparent. Also, it is clear that he really, really wants you to understand.
Lauren Saucy, J.D.: Fair grader. She is very, very knowledgable in the area of Oregon Family Law. I learned ALOT from her and was glad to have taken the class. I would fully recommend this class as a practical course.
Dean Kathy Graham: Family Law. I like Dean Graham, but I think this is not her niche so to speak. Her test was extremely unfair in that she found the most obscure items that she spent 2 minutes, if that, in class covering. She was confusing in class and seemed to more about the theory of how it should work, than how it DOES work.
Cunningham-Parameter: Employment Law. I absolutely love this professor. He and Appleman are tied in my mind as the best professors. I took this class on a lark, not really interested in this type of law, but I found it fascinating. He teaches in such a way that is extremely repetitive, makes you apply the law, and keeps bringing the topic back around to the basics. By the time you need to take the final, you are really almost ready. I would take another class from him in the future.
Fall Semester 2009, I am taking the following classes, with the following professors and will do a recap the professors methods.
Appleman: Race and the Law [can't you tell I love this professor]
Wise: Comparative International Law
Tookey: International Enviornmental Law
Hill: Real Estate Transactions
Carrasco: Civil Rights Litigation
Skinner: Refugee Law
So three professors I have had before, and three new ones. Should be interesting.
As promised here are my thoughts on this last semesters professors. As you can see, I have had some of these professors before.
Appleman: I took Criminal Procedures with her this semester. With 5 weeks left, she had a medical emergency and had to go on bed rest. Standen took over. I have to say that Appleman continues to be my favorite professor. She is funny and makes the learning process engaging and amusing. This is my favorite course so far in law school. She gave one monster of a final, which is fine. I was expecting it. It was also fair as most of it was based on the weeks she taught, rather than on what Standen taught when he took over.
Standen's take over: 5 weeks of hell. I really enjoyed him in Evidence, but Criminal Procedures for teaching of Miranda was useless and theoretical. After this, no way would I ever take another class with him.
Judge Landau: One of the nicest person I have ever had the pleasure of meeting. He taught Statutory Construction. I learned alot in his class and was constantly amused by his stories about interpreting laws from the bench. His passion for his subject matter is apparent. Also, it is clear that he really, really wants you to understand.
Lauren Saucy, J.D.: Fair grader. She is very, very knowledgable in the area of Oregon Family Law. I learned ALOT from her and was glad to have taken the class. I would fully recommend this class as a practical course.
Dean Kathy Graham: Family Law. I like Dean Graham, but I think this is not her niche so to speak. Her test was extremely unfair in that she found the most obscure items that she spent 2 minutes, if that, in class covering. She was confusing in class and seemed to more about the theory of how it should work, than how it DOES work.
Cunningham-Parameter: Employment Law. I absolutely love this professor. He and Appleman are tied in my mind as the best professors. I took this class on a lark, not really interested in this type of law, but I found it fascinating. He teaches in such a way that is extremely repetitive, makes you apply the law, and keeps bringing the topic back around to the basics. By the time you need to take the final, you are really almost ready. I would take another class from him in the future.
Fall Semester 2009, I am taking the following classes, with the following professors and will do a recap the professors methods.
Appleman: Race and the Law [can't you tell I love this professor]
Wise: Comparative International Law
Tookey: International Enviornmental Law
Hill: Real Estate Transactions
Carrasco: Civil Rights Litigation
Skinner: Refugee Law
So three professors I have had before, and three new ones. Should be interesting.
Monday, May 18, 2009
Court
Today was the day, I went to court! My supervising attorney introduced me and I was off. I introduced the matter, ask the court to take judicial notice of the file, and called my witness. When all was said and done, the judge ruled from the bench, freeing a child for adoption. This kiddo will now be adopted by a home that will love, protect, cherish, guide, teach, and provide for this kiddo.
I think that being a parent brings this job home in a little different way. Being a single parent even more so. Being a survivor of domestic abuse, even more so..... Sometimes I think of the fact that by the grace of God, I too could be one of those parents.
Some of these parents are from great homes, some not. Many have mental diagnosis's, although some do not. Many are addicted to drugs and/or alcohol, but not all. Many of the women have been abused by their partners, but again, not every one.
Other than the cases where the man or woman who has a diagnosed mental retardation, what seperated me from these parents, is this: choices. I never did or tried drugs, maybe I was too scared, maybe I just hate being out of control, I don't know. But my ex-husband is an addict. I came from a good home, but I rebelled at one time. I was abused by a partner, but I chose when my daughter was born, to get out. What defines my difference, and where I can never, ever relate to these parents is that I would do anything for my daughter. I would put her needs before my own need for a man. I would walk through fire, slay a dragon, fling myself in front of a bullet--again, all choices. My life at this point is not all about me, it is about raising and guiding a little life. That is where these parents miss the boat.
I can't ever imagine raising my hand to my child and beating her. I could never live with myself. Do I get angry and frusterated with her? Ya, every morning when she won't get out of bed. Does she mouth off and drive me crazy? Of course, but I walk away.
But doing this job as a single parent makes me fierce when it comes to these kids. Fierce because you know, these kiddos have no choice. They could not choose their parents, or chose to be beaten, or choose anything that has happaned to them. They are the unheard voices of the tragedy. And as a single parent, I know what it is like to battle for my child alone, to be the advocate, to wipe the tears.....
I am glad my first trial was to free a child for adoption. Somehow it seems to make every single thing I have been through, worth it. There is a symmetry to it.
I think that being a parent brings this job home in a little different way. Being a single parent even more so. Being a survivor of domestic abuse, even more so..... Sometimes I think of the fact that by the grace of God, I too could be one of those parents.
Some of these parents are from great homes, some not. Many have mental diagnosis's, although some do not. Many are addicted to drugs and/or alcohol, but not all. Many of the women have been abused by their partners, but again, not every one.
Other than the cases where the man or woman who has a diagnosed mental retardation, what seperated me from these parents, is this: choices. I never did or tried drugs, maybe I was too scared, maybe I just hate being out of control, I don't know. But my ex-husband is an addict. I came from a good home, but I rebelled at one time. I was abused by a partner, but I chose when my daughter was born, to get out. What defines my difference, and where I can never, ever relate to these parents is that I would do anything for my daughter. I would put her needs before my own need for a man. I would walk through fire, slay a dragon, fling myself in front of a bullet--again, all choices. My life at this point is not all about me, it is about raising and guiding a little life. That is where these parents miss the boat.
I can't ever imagine raising my hand to my child and beating her. I could never live with myself. Do I get angry and frusterated with her? Ya, every morning when she won't get out of bed. Does she mouth off and drive me crazy? Of course, but I walk away.
But doing this job as a single parent makes me fierce when it comes to these kids. Fierce because you know, these kiddos have no choice. They could not choose their parents, or chose to be beaten, or choose anything that has happaned to them. They are the unheard voices of the tragedy. And as a single parent, I know what it is like to battle for my child alone, to be the advocate, to wipe the tears.....
I am glad my first trial was to free a child for adoption. Somehow it seems to make every single thing I have been through, worth it. There is a symmetry to it.
Saturday, May 16, 2009
First Appearance in Court Monday
That's right folks....I am making my first appearance in court on Monday and I am so very excited---but nervous too. I can't seem to decide whether I am going faint or barf, maybe I will manage to do both.
I know I am scared. I plan to practice law in this county and I want nothing more to earn respect from not only my colleagues at my office, but the county judges and defense attorney's that I come into contact with. I feel like this is the second major step in my career path.
What was funny was getting my first case. I read through the file, looked up the adoption bulletin where I saw the child---a beautiful tow-headed child and the only thought I had was "Aw baby, I am going to get you free so you can be adopted." I even kind of teared up.
People ask me all the time how I work in the department I do. How can I look at all the abuse reports? How can I stand to see the evil in this world? I am sure if I focused on this, I would go crazy. Instead, I think about the fact that when my job is done, and the case is closed, the children I help are in homes where the parents want them, love them, and cherish them. I love my job.
And that is what I am going to think about Monday morning as I stand and address the court. I am going to think about how I love my job, and this is but a step in performing it. And I am going to think about this little child and the chance the child will have in life.
I know I am scared. I plan to practice law in this county and I want nothing more to earn respect from not only my colleagues at my office, but the county judges and defense attorney's that I come into contact with. I feel like this is the second major step in my career path.
What was funny was getting my first case. I read through the file, looked up the adoption bulletin where I saw the child---a beautiful tow-headed child and the only thought I had was "Aw baby, I am going to get you free so you can be adopted." I even kind of teared up.
People ask me all the time how I work in the department I do. How can I look at all the abuse reports? How can I stand to see the evil in this world? I am sure if I focused on this, I would go crazy. Instead, I think about the fact that when my job is done, and the case is closed, the children I help are in homes where the parents want them, love them, and cherish them. I love my job.
And that is what I am going to think about Monday morning as I stand and address the court. I am going to think about how I love my job, and this is but a step in performing it. And I am going to think about this little child and the chance the child will have in life.
Subscribe to:
Posts (Atom)