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vicarzThe insane wonder
what is wrong with everyone.
Ask me how I know.
(my facebook post, only they don't allow for < br > )
YESTERDAY was remind José how much he sucks at law day.
HINT - José sucks as a lawyer. Bad. I feel like my job is really challenging, but the truth is I'm just retarded. This doesn't upset me or anything. I might as well know.
YESTERDAY I talked to a real OGC attorney who is handling the district court filing on a case I litigated in the EEOC Federal forums. We talked on an even plane when it came to the legal standard for the claims, the relevant facts, and the procedural history of the case. The very positive part of the conversation was covering the fact that I am now going to be included in their processing of the case in district court - probably not as an active player, but they offered to keep me in the loop and participate in any conferences held in the case. The embarrassing part was being asked about a litigation report - I dodged by noting I'm not sure what format he was talking about, but the truth that came out was I've never done any type. I explained these employee-friendly forums make it so a layperson can litigate - and the only time any such document exists is when a litigator chooses to put together a MSJ. In this case I had done just that, and provided him copies of all the electronic files along with the case file. He was hoping, as most cases are transferred from one litigator to another, for a report that detailed all the facts in the case with citations to the case file and testimony - at the start of the case. I told him that I'd love such a thing myself, but that our cases are only re-investigated at the stage in which I get them. I did mention my caseload ranges from 15 - 18 cases (I have heard most OGC people doing 6-8 cases on average). He also talked about how usually a filing starts with a numbered pleading stating all the facts of the case, and the Agency (AFTER doing a thorough analysis) files its answer.
In short, they have an analysis up front of the case while we do it piece-meal as we stumble through whatever facts happen to leap out at us. Most of us essentially investigate our cases during the deposition. Sloppy and barely legal.
Barely legal = naked 18 year olds
Then I had dinner with someone who is a real attorney, with a real office. I go to work every day but forget that most people working at my level actually have offices with furniture, while I have a cubicle.
TODAY I am reviewing a brief filed by another Agency, provided by a work-friend, and it's just shaming me. They have a table of authorities - I think I've only seen one of those since law school - and lays out their argument in index-paragraph form up front. I've noticed my filings are above average - I even had an AJ cite extensively from my motion as he granted my MSJ...but it's crayon scrawling compared to this kind of work.
Sigh. Ok, I know to get a grip. I know I'm doing the same legal analysis and fact development, that I have strengths where others don't, and I work with attorneys who are doing the same work I am and finding it challenging...but sometimes when I realize how sloppy ourmeatball surgery legal filings are compared to the mystical lawyers with the secret writings, I just want to admit I'm incompetent and quit. Unfortunately, I wasn't a good waiter, either.
what is wrong with everyone.
Ask me how I know.
(my facebook post, only they don't allow for < br > )
YESTERDAY was remind José how much he sucks at law day.
HINT - José sucks as a lawyer. Bad. I feel like my job is really challenging, but the truth is I'm just retarded. This doesn't upset me or anything. I might as well know.
YESTERDAY I talked to a real OGC attorney who is handling the district court filing on a case I litigated in the EEOC Federal forums. We talked on an even plane when it came to the legal standard for the claims, the relevant facts, and the procedural history of the case. The very positive part of the conversation was covering the fact that I am now going to be included in their processing of the case in district court - probably not as an active player, but they offered to keep me in the loop and participate in any conferences held in the case. The embarrassing part was being asked about a litigation report - I dodged by noting I'm not sure what format he was talking about, but the truth that came out was I've never done any type. I explained these employee-friendly forums make it so a layperson can litigate - and the only time any such document exists is when a litigator chooses to put together a MSJ. In this case I had done just that, and provided him copies of all the electronic files along with the case file. He was hoping, as most cases are transferred from one litigator to another, for a report that detailed all the facts in the case with citations to the case file and testimony - at the start of the case. I told him that I'd love such a thing myself, but that our cases are only re-investigated at the stage in which I get them. I did mention my caseload ranges from 15 - 18 cases (I have heard most OGC people doing 6-8 cases on average). He also talked about how usually a filing starts with a numbered pleading stating all the facts of the case, and the Agency (AFTER doing a thorough analysis) files its answer.
In short, they have an analysis up front of the case while we do it piece-meal as we stumble through whatever facts happen to leap out at us. Most of us essentially investigate our cases during the deposition. Sloppy and barely legal.
Barely legal = naked 18 year olds
Then I had dinner with someone who is a real attorney, with a real office. I go to work every day but forget that most people working at my level actually have offices with furniture, while I have a cubicle.
TODAY I am reviewing a brief filed by another Agency, provided by a work-friend, and it's just shaming me. They have a table of authorities - I think I've only seen one of those since law school - and lays out their argument in index-paragraph form up front. I've noticed my filings are above average - I even had an AJ cite extensively from my motion as he granted my MSJ...but it's crayon scrawling compared to this kind of work.
Sigh. Ok, I know to get a grip. I know I'm doing the same legal analysis and fact development, that I have strengths where others don't, and I work with attorneys who are doing the same work I am and finding it challenging...but sometimes when I realize how sloppy our
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no subject
Date: 2009-09-18 12:36 pm (UTC)no subject
Date: 2009-09-18 01:24 pm (UTC)no subject
Date: 2009-09-18 02:11 pm (UTC)no subject
Date: 2009-09-18 06:31 pm (UTC)you are currently working to a completely different set of rules and needs than the attorneys litigating the case in court would be
so yes, if you have time and interest, go ahead and work on learning how to do those things you don't currently; but keep in mind that your EEOC position does not ask for those things and probably actively works against such detailed histories... so not doing them does not make you a bad lawyer
no subject
Date: 2009-09-20 01:35 am (UTC)