Holiday Greetings With a Couple of Tips

Hey, time to get up from that desk, take a shower now and go home -- it's over (first semester). . 

. . .Need something to do (or at least think about over the break, check out this prior post Winter Break Need Not Be A Time Of Inactivity. 

 
    For those of you already in the practice of law - a lawyer's life never comes to a complete halt for any holiday season -- Top 7 Tips for Getting Ahead During the Holidays.

Merry Christmas! Happy Holidays! and a Happy New Year to all readers (just think of all the possibilities and opportunities for success for you in 2014!)

See you next year!

Litigation: It Doesn't Always Go As Planned - Plan On It

Jim Carrey in "Liar, Liar"

When counseling law students about what areas of practice to enter, or at least consider, the conversation always leads to personality and whether or not the student has ever thought about being a litigator. We will then generally discuss what courses need to be taken and what internships to consider.

Litigation (like JAG) is not for all. However, for someone like me, who was a classroom teacher for eight years prior to going to law school, there was nothing more that I really wanted to do but be in a courtroom. It is indeed like a melodrama. . A play that is acted out to an audience -- the jury. It is rough and tumble and, in the case of criminal law, deadly serious.You will hear in your law school clinics and internships that litigation is all about "preparation."

However,  there is one "take away" that all law students need to know. No matter how meticulously one plans for what is supposed to happen in a courtroom, remember that it rarely goes as planned -- and further remember that if your trial "goes South"  --- there may be a few laughs that go with it. Often at your own expense. So stay loose and have a good deprecating sense of humor (something few trial lawyers seem to have).

Learn how to "dodge and weave" and expect the unexpected when you enter a court room. Here are a few examples from my wacky life in court:

(1) "SIT DOWN, IT'S NOT YOUR TURN YET"

Here it was. The moment had finally arrived! I had finished law school; passed the bar; completed my training course with the Kings County (Brooklyn, NY) DA's Office. I was now ready to do my first misdemeanor trial!  I had prepared as I was told -- interviewed all the witnesses, written out all my questions and my closing argument (write it out and work backwards -- you'll only know what you need to prove and how to get the witnesses to testify, if you've already written out what you want them to say, right?) 

At the last minute, the defense filed a Motion in Limine on an Identification issue. Paperwork was submitted and the motion went for a hearing a week before the trial was scheduled to start.

I was ready. . Boy, was I READY. I was going to blow the defense lawyer out of the water with my brief and argument. I had practiced my technique before a mirror the night before (like just what hand gestures and facial expressions to use at any given moment: . . .  my "disbelief," "Come On, Now" looks, and my all time favorite look -- the "You've Got to Be Kidding Me!!(with apologies to John McEnroe) look.

The hearing got underway. There was a judge who must have been seventy-five if he was a day, on the bench. He just sat there -- not saying a word -- for at least seven minutes. Well, I got a little full of myself and decided to stand up and start my argument.

Suddenly, the judge came to life and blurted out --with absolutely no compassion for a young knucklehead Assistant District Attorney -- "Sit Down, It's Not Your Turn Yet!" . I looked around the courtroom. The defense lawyer had all he could do not to burst out laughing.

"Yes, Your Honor."  I smiled and sat back down. You can see that I still remember that day, many years later.

P.S. We did win the motion and the trial. . You knew that I had to get that in, didn't you?

(2) HERE'S YOUR "OPEN DISCOVERY, JERK!"

After leaving the D.A's Office, I joined a Wall Street Insurance Defense firm across the river in Manhattan.

It was a great place to work as the firm had Toyota as a top client and did the bulk of its Products Liability work. .Younger associates would always be selected to go to motions hearings and lesser depositions.

It was at such a deposition  that two of the five lawyers participating got into a hot disagreement regarding a discovery document. One of the attorneys was suggesting that he was about to call the judge because the other had not turned over all relevant documents and was, in fact, withholding documents. The accusation enraged the accused lawyer who sat at the other end of a long conference table from his accusing adversary.

Subsequent to this initial outburst, the accused lawyer, with one smooth  motion, sent his briefcase down the length of the conference table. (think bartender sending a beer down the length of a bar to costumer at other end).

"Here, you want to see what I have in my briefcase. . you want discovery. . Well here it is!' 

In one of life's great moments, the accusing attorney had picked that moment to turn away and have a conversation with another lawyer at the table.  He looked back at the last minute, but it was too late. The briefcase hit him square in the chest as he sat in a swivel conference room chair, knocking him, head over heels, to the floor of the room, papers flying around everywhere. I was sitting next to the floored lawyer and had to turn quickly to look out of the window so as not to burst out laughing in his face. . Class act that I was.

My definition of "open discovery."

(3)  "YOUR HONOR, MY WITNESS IS INDEED A ROCKET SCIENTIST!"

In all my years as a criminal and personal injury lawyer, I have had all types of witness: the good, the bad, the ugly, the hostile, the less-than-forthcoming, the "I have to drag it out of him/her" witness.

But one one shining day, I tried a personal injury case and was able to turn the old adage, "Well, he ain't no, rocket scientist!" on its head. . . One of my witnesses -- a guy who had simply been walking down the street and saw my client "T-boned" in an intersection accident -- was actually WAS  a Rocket Scientist for NASA. .

It was, only after a rigorous cross-examination by the insurance company lawyer, that I was able to stand up, look the judge (a friend of mine) in the eye and say, tongue firmly planted in cheek: "Judge, he's a rocket scientist ya gotta believe him!"

I don't know, many this is one of those "you had to be there" situations but all three of us: judge, plaintiff and defense counsel were bent over laughing to tears.

 - - -

Is there a point to these anecdotes (many more, but we'll stop at three)? Well, a law student is told from their first day in law school that to be a successful litigator, one has to prepare, prepare and then prepare some more. Even after the law student graduates and goes to a firm or starts trying cases, he/she is told the same.

That is very true. But remember that a lawyer can not control the outcome of a trial. Notwithstanding any amount of preparation. Remember that no matter how much you prepare for a trial -- it usually never goes as planned. Expect the unexpected and be prepared to flex and adapt to whatever is thrown your way.

Being able to do that is the mark of a great litigator. 

What Does Bucky *Bleeping* Dent Have to Do With Law School?

 Let's face it -- law school is a grueling three year marathon. It's full of much blood, sweat, and tears. Ups and downs. Stress and hard work. No time for too much of the "personal." Much sacrifice. . . Get the picture?

When it's all said and done and you walk out of your law school building for the last time, I believe that a student needs to take with him/her at least one (hopefully many more!) "classic memorable moment" that will, in future years, bring a big smile if not a huge guffaw. Now, this moment need not have anything at all to do with the academic rigors of the law school experience. I'm talking about just a funny, wacky memory that warms the heart. Law school graduate: Got one already? . . . Law students: . . . . working on one?

I do believe that most of us who went (or are currently) going to law school have or will have such a moment. At least I hope so. The purpose of such a memory will, hopefully, be to put the three year grind into perspective. A memory to soothe and help deflect all the other memories of the grueling aspects of law school.  . .Something that would allow you to say. .  "oh it was really bad. . but I remember that one time when. . . "  

Please indulge me as I share my memorable law school moment:

. . . My 1L year began in the Fall of 1978. I had left a high school teaching career and, in late August of that year, was sucked in the bowels of the Georgetown University Law Center into the frightening world of the Socratic Method and academic competition that I had never experienced in my academic career. It was a far cry from teaching "Romeo & Juliet" to seventeen year-olds as I was dodging spitballs in the process, as I had been doing up to that time. 

I struggled along like everybody else at the beginning and was looking late that Fall for some escape that would provide me with periodic respites from the daily grind. . . 

. . . For me, Major League Baseball provided the answer. 

Those of you how follow me, know that I am quite the baseball fan. I soon found out that at Georgetown -- given it's national brand -- there were law students from all parts of the U.S. along with international students as well. Many from the New York and New England areas. Yes, Yankee and Red Sox fans galore!

So the plot thickened in one of sports most intense rivalries -- Yankees/Red Sox -- as the teams fought there way through the "dog days" of summer. Wouldn't you know it, as we were trying to get the hang of law school, on October 2, 1978, both teams headed for a one game playoff to determine who would move on into the Championship Series. Wow! That was a game everyone wanted to see.

Here's the problem:

In those days, most every major sports event in the world was NOT seen at night. The game was scheduled to collide directly with my Property Class with Professor Robert S. Schoshinski (he's still there now! . . Amazing!). Now, if one is a 1L, the thought of missing class -- especially something as "heavy-duty" as Property would never cross one's mind (am I right, 1Ls???). . You simply had to go to class, right? So, what was any red-blooded law student to do? . . Easy, kill two birds with one stone!

In those ancient times, the large lecture halls at Georgetown all contained fully operable television sets, mounted above the seats, throughout each room. . . Why? . . . Internet? . . . What's that? . . Television sets were used to view cassette CLE programs. That's how I did my bar prep sessions. That's about it. There was absolutely nothing that would prompt us to even notice the televisions in the first semester of our 1L year. . . But wait. . .

Professor Shoshinski was a masterful teacher. Very meticulous, thorough and rather soft-spoken. He called on students with our names on index cards that he held in his hand as he lectured and paced the podium. . . I would call him a "professor's professor."

On that beautiful fall October 2, he entered the classroom and  greeted us in his usual professional manner and started the lecture.. .

Unbeknownst to him, some of the more rabid baseball fan law students (hey, don't look at me!) had turned on at least four of the television sets throughout the classroom - sound muted. Thankfully the usual class "gunners" were in on the plot and (to this day I don't know how we were able to pull it off) the class never let on that the game was on as Professor Shoshinski lectured. The fact that the professor could only see but the backs of the sets didn't hurt in allowing us to actually pull this off! .

The game was already been well in progress when the class started. It was late in the game by now. The top of the 7th inning and it was looking pretty grim for Yankee fans -- Yanks down 2-0. My world was falling in as Professor Schoshinski continued to speak of things like "the lack of the right to present possession or enjoyment of property" along with "land vested subject to divestment" and stuff like that. .

What was he talking about? We needed some base runners -- period! My Red Sox law school colleagues all had smirks on their faces and were saying things like: "spring interest THAT, sucker!" 

. . . Suddenly in the seventh inning, with Professor Schoshinski in mid-sentence, the following happened::

In that one precious moment, the classroom erupted! All the Yankee fans in the classroom stood up and yelled out a collected "YEAH!!" as Red Sox fans put their hands to their head. Post Script on the action: The Yankees eventually won the game 5-4 and went on the win baseball's championship that year!

Professor Shoshinski?? . . He calmly stepped down from the podium and looked at one to the T.V.'s to see the Yankees in full celebration on the screen. He looked stoically all around the classsroom at the complete pandemonium that was now our 1L Property Class. Without speaking a word, he walked back to the podium, swooped up his books and elegantly walked out the the classroom with all the savoir faire of James Bond in a tuxedo, strolling through an international gambling casino, cigarette dangling from his lip. 

I did pass Property ("B", I think). I might have not really enjoyed the subject matter, but feel that "Scho" was a great professor, and a forgiving one at that. He never mentioned to the class and, more importantly, the law school Administration, what law student knuckleheads did to watch a playoff game ( I said, don't look at me! I had NOTHING to do with any of that. I swear!)

One of my truly great law school memories! . . . . What's yours???

P.S. I do wish that SOMEBODY ... ANYBODY who was in that class with me on that day would read this and contact me! . . err you too, Professor Schoskinski! . .. All in a normal law school day.  

Winter Break Need Not Be A Time of Inactivity

As I write, exams here have just started and will continue through December 13. There are students even here in our Career Services Office NOW in the act of taking exams in our interview rooms. . SHHH

 

 . . . Once exams are through, I know that students need a little "downtime" simply to recover during the Winter Break. However, perhaps this may a great time to get a head start in resume building that many students never consider:

OPTION ONE: VOLUNTEER WITH AN EMPLOYER:

 

 . . . What about seeking out an employer (public interest or private) and simply doing some volunteer work through the end of December and your return to law school in January? While other students are sleeping, watching football, visiting with friends, talking about law school (the good, the bad, and the ugly), you are gaining some valuable practical experience, making networking contacts, and adding to the "Legal Experience" section of your resume. 

If you would like to consider this option, why not start with your Career Services Office to see if there are any specific programs and/or employers that you could contact (also speak with the head of your Externship Program Studies, if your school has one, to see who you might be able to contact). You can also "just do it" and go out and look for employers through Symplicity, Goggle -- think local to where you will be located during the break.

OPTION TWO: TAKE A CLE THROUGH A LOCAL BAR ORGANIZATION

All too often, I have students who are very much interested in an area of practice but have yet to take a course, or have not had any practical experience in a practice area of interest.. Why not see if a local bar organization is have a CLE course during the Winter Break and take the course. Guess what? . . When you complete the course, a student can then put that experience  in "Education Section" of his/her resume and add to the breath and scope to their legal experiences You have set up in your cover letter the sentence that states" . . . as you can see from my resume, I am very much interested in Family Law. . " and point specifically to the CLE course that you took during the Winter Break. In my view, that would make the student even more marketable for a 2014 summer internship. Remember that many bar related CLE's are free to law students. Why not check it out?

OPTION THREE: READ A GOOD BOOK

If either of the above actions are not practical, for whatever reason, why not read a book that might help you in your law school career. . Yes, I do have a suggestion. Try: "Law School LowDown" by Ian Scott, Esq.

http://www.amazon.com/Law-School-Lowdown-Secrets-Application/dp/143800317X

Ian speaks to all students, wherever they are in the law school process: taking LSATs, applying to law school, 1L,2L, 3L years, summer internships, working in Big Law, along with many other topics.

That's my reading recommendation, if you have your own, go with that!  Whatever works for you. 

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But here's the thing about the Winter Break: Be smart, be active, be pro-active. You can always fit in recreation time. But know that law school is a marathon race and that the rewards go to the students who were always thinking strategically along the way as to how to place themselves in the group of elite runners who consistently win. Always strive to make yourself better!

If you'd like, please tell me what you did on your "Winter Vacation"! Your teacher wants to know!