I would be an 8 time loser. It's been so long since I dated someone that I really liked a lot that I had forgotten how much breaking up can hurt. The past two break ups were pretty much painless affairs. I feel absolutely awful after this one. It's kind of selfish but right now all I want is for her not to hate me for ending things. It just wasn't working and had to be done. We had a pretty good time up until the actaully break up conversation. The drive to and from the airport was hard.
I had my first client last week who actually claimed innocence. My supervisor wasn't feeling well so she left me to do her remaining interviews. I prepared to explain the plea offer to the client as they are usually guilty and the plea offer is usually a pretty good deal. I was also prepared to explain what I would ask the prosecutor for in negotiations. Instead I had to listen to a fairly convoluted story of identity theft and stolen purses that led to the wrong person being charged for the crime. She had some documentation to back her claims and I believe but remain skeptical. (If that makes any sense). Going to do some investigating and see what happens.
Got yelled at by a racist judge last week in court. Was not pleasant at all. I hate that justice is so different depending upon which judge a client is assigned.
Sunday, June 15, 2008
Friday, June 13, 2008
Monday, June 9, 2008
I would have been awesome
My voir dire was great, my opening was solid, my crosses were perfect, my direct was simple and easy to follow, my closing was fantastic and the world will never get to see them.
The cop was unavailable due to some bullshit reason and the case got dismissed with prejudice. Good for the client, awful for me.
I was essentially useless the rest of the day. I was running on nothing but adrenaline (although I actually slept better than I thought) so when my trial got dismissed I crashed. Threw me into a bit of a funk for the rest of the day. I was really happy for my client, who won't lose his CDL now (not that he would have lost it after I earned him a not guilty verdict, but I digress) and devastated at the same time when I heard the judge say "dismissed pause with prejudice". The state moved to continue obviously but this case was continued last time because the same officer wasn't available. The judge didn't seem too pleased with the state's weak as reason. I really think the prosecutor had another look at the facts of this case and realized what a loser it was for him but didn't want to dismiss it this late in the game. I think this was a way for him to save face and get rid of the case.
The really sucky thing is that the witness that wasn't available was not important to the state's case at all. Probably would have brought that up if it wouldn't have hurt my clients chances of getting the dismissal. This whole advocating for my clients best interests to my detriment kind of sucks. So far doing what is best for my client has cost me an awesome motion and a trial.
The cop was unavailable due to some bullshit reason and the case got dismissed with prejudice. Good for the client, awful for me.
I was essentially useless the rest of the day. I was running on nothing but adrenaline (although I actually slept better than I thought) so when my trial got dismissed I crashed. Threw me into a bit of a funk for the rest of the day. I was really happy for my client, who won't lose his CDL now (not that he would have lost it after I earned him a not guilty verdict, but I digress) and devastated at the same time when I heard the judge say "dismissed pause with prejudice". The state moved to continue obviously but this case was continued last time because the same officer wasn't available. The judge didn't seem too pleased with the state's weak as reason. I really think the prosecutor had another look at the facts of this case and realized what a loser it was for him but didn't want to dismiss it this late in the game. I think this was a way for him to save face and get rid of the case.
The really sucky thing is that the witness that wasn't available was not important to the state's case at all. Probably would have brought that up if it wouldn't have hurt my clients chances of getting the dismissal. This whole advocating for my clients best interests to my detriment kind of sucks. So far doing what is best for my client has cost me an awesome motion and a trial.
Sunday, June 8, 2008
Oh dear god why did I agree to this?
I can't think of anything I'd rather do less than a trial tomorrow. What the hell was I thinking? If I throw up during voir dire can I get a mistrial? What about during my opening? Passing out during closing?
As an undergrad doing mock trial we would sing a song before trials to calm down. The song was one our coach wrote when he was an undergrad, it went something like this:
"I like swiss cheese, I like swiss cheese I like it, I like it"
"He likes swiss cheese, he likes swiss cheese, he likes it, he likes it."
I'd also do cross examinations of really bad pop songs:
So, if I want to be your lover, I have to get with your friend?
Make it last forever?
Friendship, it never ends?
You'll tell me what you want?
What you really really want?
You want a zig-a-zig ahh?
Taking is to easy, but that's the way it is?
Or:
You're going to get me drunk?
Get me love drunk off your humps?
Your hump, your humps, your humps?
Your lovely lady lumps?
Check 'em out?
Somehow I don't think my supervisor will go for that tomorrow. I should probably choose a more recent song:
Touch your body?
Put you on the floor?
Wrestle you around?
Play with your some more?
If I tell anyone about our secret rendezvous, you will hunt me down?
As an undergrad doing mock trial we would sing a song before trials to calm down. The song was one our coach wrote when he was an undergrad, it went something like this:
"I like swiss cheese, I like swiss cheese I like it, I like it"
"He likes swiss cheese, he likes swiss cheese, he likes it, he likes it."
I'd also do cross examinations of really bad pop songs:
So, if I want to be your lover, I have to get with your friend?
Make it last forever?
Friendship, it never ends?
You'll tell me what you want?
What you really really want?
You want a zig-a-zig ahh?
Taking is to easy, but that's the way it is?
Or:
You're going to get me drunk?
Get me love drunk off your humps?
Your hump, your humps, your humps?
Your lovely lady lumps?
Check 'em out?
Somehow I don't think my supervisor will go for that tomorrow. I should probably choose a more recent song:
Touch your body?
Put you on the floor?
Wrestle you around?
Play with your some more?
If I tell anyone about our secret rendezvous, you will hunt me down?
Saturday, June 7, 2008
Public Defender Intern - 1, Private Counsel with a coke problem - 0
Client doesn't have his license and got charged with driving with a suspended license. Conviction of that crime carries with it a mandatory revocation of your license for an additional year, UNLESS you have your license when you plead guilty and the judge signs a form telling the DMV not to do the additional year of revocation. The important thing for my story is that the law requires the person have their license renewed in order to avoid the one year additional revocation.
So my client (we'll call him License Boy) continued his case last time to get his license. Turns out he wasn't eligible for his license for awhile. He wasn't eligible until late next year so there was no way that we could continue his case for him to get it renewed. Prosecutor said offer of no jail time would go away if he didn't plea today. Told the client this and went over the plea paperwork with him. Then went to deal with the hoards of other clients I had to deal with. Today was insane. I had to push people out of the way to get in and out of the courtroom.
While I'm talking with other clients License Boy and his parents somehow start talking to a private attorney. Private attorney (we'll call him Moron) is apparently hungry for clients. He tells License Boys parents that if he takes over the case the prosecutor won't take the offer away if he continues it because he will be new counsel. He also says that he can get the judge not to order the additional license revocation even if he isn't relicensed. Now License Boy's parents are telling me that they want to hire Moron to "go to bat" for their son. I tell Moron why License Boy isn't eligible for what he is offering them, he questions my knowledge and asks what authority I have that on. I ask the two public defenders in court with me, they both agree. Moron doesn't buy it and asks me to look it up. One of the public defender is a complete bitch to him (self described) and tell him to look it up himself. Morong goes and calls someone. While Moron is on the phone I go and get a copy of the statute because I want to assure License Boy and his parents that they are doing the right thing. Moron returns as I'm showing statute to License Boy's parents and says he doesn't know my authority but he's friend says I'm right so License Boy should probably take the deal I've arranged for him. At this point the parent's start apologizing.
Story isn't over yet. I take down Moron's name and website from the business card he gave Moron's parents. When I get back to the office I tell my supervisor about it. She goes on to tell me about an interesting experience she had while doing the jail calender about 4 years ago. She shows up and the guards tell her "There is an attorney of there (points) that would like to speak with you." She looks and sees only inmates. "Where I don't see him?" she asks. "There the inmate" the guards reply. Turns out Moron got picked up for having some cocaine. First thing he tells the judge is "I'm a member of the bar and I'm addicted to cocaine and alcohol."
I then look up Moron's website. On that site Moron makes the bold claim: "I understand how the system works, and what you and I need to do before your next court appearance." He also professes to be proficient in license suspension / revocation matters. He has 18 years of experience.
So to recap. Private Attorney with 18 years of experience go his ass handed to him by Public Defender Intern with 2.5 weeks experience.
I still haven't made an actual appearance in court since my supervisor wasn't available to be in court with me today. This means my very first court appearance will be for a jury trial on Monday. If I lose I'll be devastated for a bit and if I win I will be unbearable. My head will swell so large I'll have trouble getting through doors. Voir Dire scares me, I've got the rest covered.
So my client (we'll call him License Boy) continued his case last time to get his license. Turns out he wasn't eligible for his license for awhile. He wasn't eligible until late next year so there was no way that we could continue his case for him to get it renewed. Prosecutor said offer of no jail time would go away if he didn't plea today. Told the client this and went over the plea paperwork with him. Then went to deal with the hoards of other clients I had to deal with. Today was insane. I had to push people out of the way to get in and out of the courtroom.
While I'm talking with other clients License Boy and his parents somehow start talking to a private attorney. Private attorney (we'll call him Moron) is apparently hungry for clients. He tells License Boys parents that if he takes over the case the prosecutor won't take the offer away if he continues it because he will be new counsel. He also says that he can get the judge not to order the additional license revocation even if he isn't relicensed. Now License Boy's parents are telling me that they want to hire Moron to "go to bat" for their son. I tell Moron why License Boy isn't eligible for what he is offering them, he questions my knowledge and asks what authority I have that on. I ask the two public defenders in court with me, they both agree. Moron doesn't buy it and asks me to look it up. One of the public defender is a complete bitch to him (self described) and tell him to look it up himself. Morong goes and calls someone. While Moron is on the phone I go and get a copy of the statute because I want to assure License Boy and his parents that they are doing the right thing. Moron returns as I'm showing statute to License Boy's parents and says he doesn't know my authority but he's friend says I'm right so License Boy should probably take the deal I've arranged for him. At this point the parent's start apologizing.
Story isn't over yet. I take down Moron's name and website from the business card he gave Moron's parents. When I get back to the office I tell my supervisor about it. She goes on to tell me about an interesting experience she had while doing the jail calender about 4 years ago. She shows up and the guards tell her "There is an attorney of there (points) that would like to speak with you." She looks and sees only inmates. "Where I don't see him?" she asks. "There the inmate" the guards reply. Turns out Moron got picked up for having some cocaine. First thing he tells the judge is "I'm a member of the bar and I'm addicted to cocaine and alcohol."
I then look up Moron's website. On that site Moron makes the bold claim: "I understand how the system works, and what you and I need to do before your next court appearance." He also professes to be proficient in license suspension / revocation matters. He has 18 years of experience.
So to recap. Private Attorney with 18 years of experience go his ass handed to him by Public Defender Intern with 2.5 weeks experience.
I still haven't made an actual appearance in court since my supervisor wasn't available to be in court with me today. This means my very first court appearance will be for a jury trial on Monday. If I lose I'll be devastated for a bit and if I win I will be unbearable. My head will swell so large I'll have trouble getting through doors. Voir Dire scares me, I've got the rest covered.
Wednesday, June 4, 2008
Tragedy
A complete miscarriage of justice occurred today: Mr. Crackdealer lost his appeal. The unfortunate thing is I think this guy might have had a chance if he hadn't obviously made up his testimony while on the stand. Hell if he could have just made up a more believable story he might have had a chance. I've lost all the petitions for review (guess I should have chosen a different name), and my appeal. The only thing remaining is my termination of parental rights with the mother of the year who left mid trial for a trip to Vegas. So essentially all of last year I did nothing that actually helped anyone and yet I still loved it.
It's weird being the 2L intern in the office this year. I liked having another intern above me to sound questions off of before going to a real attorney. Helped make me look smart when I talked to the attorneys. Now the other intern asks me questions and expects me to know things just because I'm a 2L and have done some of this shit before. Way too much pressure. The other intern goes to a school with a mandatory 2.6-2.7 curve. I also realized that with my current GPA (despite all my bitching about it sucky) actually qualifies me to graduate cum laude. If I don't slack off as much as last semester again (didn't even start my papers until finals week) I think I'll be able to maintain.
I have a case and I really want to write a motion on to get it dismissed because the cop didn't have probable cause to pull my client over. It's a good motion and other attorneys I've spoken with say it has a 70-80% chance of succeeding. The client's record is so bad and she's been in custody for so long that she just doesn't care and wants to take the plea, get credit for time served and go on with her life. I can't fault her decision, but I really wanted to argue her motion. Damn my ethical duty to put the clients interests first. She was so happy when I went to talk with her in the jail and told her she's only facing 35 days in jail and more convictions. I never thought in my life that I would make someone happy by letting them know they will get 35 days in jail.
I got an email asking me how much to sell text links on the site for ink cartridges. It's spam, but I replied anyway. If you start seeing text adds for ink cartridges then you will know two things: 1. it wasn't spam and 2. I'm making $500 a day.
Oh and I think they must teach brown shoes and black suits in prosecutor school because I've seen it on two different prosecutors. At least I haven't seen a fake pocket square so far.
It's weird being the 2L intern in the office this year. I liked having another intern above me to sound questions off of before going to a real attorney. Helped make me look smart when I talked to the attorneys. Now the other intern asks me questions and expects me to know things just because I'm a 2L and have done some of this shit before. Way too much pressure. The other intern goes to a school with a mandatory 2.6-2.7 curve. I also realized that with my current GPA (despite all my bitching about it sucky) actually qualifies me to graduate cum laude. If I don't slack off as much as last semester again (didn't even start my papers until finals week) I think I'll be able to maintain.
I have a case and I really want to write a motion on to get it dismissed because the cop didn't have probable cause to pull my client over. It's a good motion and other attorneys I've spoken with say it has a 70-80% chance of succeeding. The client's record is so bad and she's been in custody for so long that she just doesn't care and wants to take the plea, get credit for time served and go on with her life. I can't fault her decision, but I really wanted to argue her motion. Damn my ethical duty to put the clients interests first. She was so happy when I went to talk with her in the jail and told her she's only facing 35 days in jail and more convictions. I never thought in my life that I would make someone happy by letting them know they will get 35 days in jail.
I got an email asking me how much to sell text links on the site for ink cartridges. It's spam, but I replied anyway. If you start seeing text adds for ink cartridges then you will know two things: 1. it wasn't spam and 2. I'm making $500 a day.
Oh and I think they must teach brown shoes and black suits in prosecutor school because I've seen it on two different prosecutors. At least I haven't seen a fake pocket square so far.
I have a trial next week
3 weeks in and I've been given my first jury trial. So far I've made jury instructions, outlined my motions in liminie and started writing my opening. Tomorrow I'm going to finish my motions and opening, interview my client, prepare direct and cross and then learn how to do voir dire.
I continue loving this job.
I continue loving this job.
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