Awkwardness & Chivalry

Today I had a hearing at the courthouse on a rather large case.  It was a hearing on a motion to dismiss.  The case is actually three different cases revolving around a single incident and essentially the same parties.  There were six attorneys present for the hearing.  My client didn't really have a dog in this fight, which I why I was at the courthouse instead of the partner on the case.

 

So there are six attorneys.  I'm the youngest/least experienced by approximately 20 years.  I'm also the only female.  This doesn't bother me (except for when they tell mildly inappropriate stories and then feel the need to apologize for hurting my womanly sensibilities...but whatever). 

 

There is one problem...

 

You see, while chivalry in general might be dead (this is what I hear, at least), it is alive and kicking in Kansas.

 

No matter where we were going, the other attorneys always made sure to hold the door open for me and then everyone follows me.  This means that I got on the elevator first and then also needed to get off first (awkward, but doable).  it means that I went into the judges chambers first.  I went into the courtroom first.  I left the courtroom first as we left to sit down and workout some deadlines.  I'm always first.  Again, I don't mind the whole door holding thing...

 

What I mind is this--generally speaking, I DON'T KNOW WHAT I'M DOING!  I'm still learning the ropes around the courthouse and I'm trying to watch the other attorneys to figure out where to go, etc.  It is hard to follow their lead when I'M ALWAYS FIRST.  This lead to a lot of awkward moments where I walked into or out of a room and then just stood off to the side until someone else came out who I could follow...

 

Awkward.

My First Deposition

Last week I had the pleasure of taking the deposition of a 16-year-old boy.  It was a kind of "training"for one of our newer associates, Paige.  Paige started at the Firm in August of last year.  She is on one of our litigation teams and does the same type of work as me.  She has had the pleasure of watching one of partners depose numerous plaintiffs and other witnesses...but the partner  has a rather serious and dry personality and Paige is a bubbly, happy young woman.  Apparently the powers that be felt that Paige was unlikely to adopt the partner's style, and sent her with me to see something different.

And different it was.  Different as in...not a lot of questions got answered and the deposition was wildly unhelpful.  I've never heard someone say, "I don't remember," "I don't recall," or "I wasn't paying attention" so many times in a single hour.  Anyway, I'm not sure Paige learned anything except that sometimes witnesses are over-prepared by their attorneys and it's annoying.

During our drive home from the worst deposition ever, Paige mentioned the first deposition I ever took...which happened to coincide with her final day at the Firm as a summer associate.  

I've wanted to blog about my first deposition ever since I took it, but I'm a procrastinator by nature...so I haven't yet.  Whoops!  I guess now is as good a time as any, right?

So...my first deposition...

The first person I ever deposed on my own was the plaintiff in a car accident case.  He was, like most of the people I have deposed, a single man in his mid-thirties.  He was also a felon represented by the epitome of a sleazy plaintiffs' attorney--flashy car and clothes, unbuttoned shirt showing off tufts of grey chest hair, big gold chains around his neck and diamond rings on his fingers...and clearly visible plastic surgery scars.

So...prior to the accident the plaintiff worked breaking horses.  I was questioning him about his experience breaking horses and trying to get him to tell me what "breaking" a horse entails, and I mentioned that I have very little experience with horses (hoping that he would explain everything in a simple and complete way)...to which he responded that I should come out and go riding with him sometime...so that was awkward. 

I politely declined his invitation, and moved on with the deposition.  Eventually we got to the injury he sustained in the accident.  He claimed to have pain in one of his hands and poor circulation as a result of the accident.  While discussing his hands he stated, "Yes ma'am, because these are young strong hands (indicating)."  At this point he held his hands out to me and offered to let me hold his hands to see how cold the injured one was as compared with the normal (big & strong?) one...I again declined.

Finally, we got to the fun part of the deposition--the part where the deponent has to tell me all about his/her criminal history.  In this case, I knew coming in that his criminal history was long (thank you, background check!).  He couldn't actually remember all of his past and pending charges...but he could remember that he had been previously convicted for aggravated intimidation of a state witness.  This is actually my favorite part of the deposition, so I'm just going to lay it out for you:

Q (this is "Question"):  And what were you convicted of?
A (and this is "Answer):  Aggravated intimidation of a state witness.
Q:  Can you tell me a little bit about that case?
A:  Do I have to?
Q:  Yes, you do.  What did you do to intimidate him?
A:  I tried to kill him.
Q:  How?
A:  I beat him very severely.
Q:  What was he a witness to?
A:  Because I beat another guy and he had cases already on me.
Q:  So you were charged with beating somebody else and [Witness] was a witness to that beating?
A:  No.  I beat him, too.  I beat two guys in one, and I told him if he testified, it was going to be on.
Q:  Did he testify?
A:  He tried, but I went after him again.  I got a lot of felonies, lady.

For this, he went to prison for 3.5 years.  (Side note:  Still testifying about his criminal convictions, he states, "Don't quote me on that."  Um...yeah...you are under oath and there is a court reporter writing down everything you say...so...)

So, we continued to talk about past convictions and then we talked a little about currently pending charges.  At the time of his deposition he had 24 counts of aggravated fleeing and eluding...we went off the record so he could tell me all about taking the county police on a high speed chase.

Anyway, we go off the record and I'm getting ready to leave and he asked if I had dinner plans...sorry, can't...

So then he tells me that when the case is over, I should come out to his place and he will teach me to ride horses.  Oh please can I?  Really, I'd just love to come out to the middle of no where and ride horses alone with a convicted felon... [obvious sarcasm].

So that was my very first solo deposition.  It was interesting...obviously.

In case you are wondering, the case settled after my facebook stalking of the plaintiff got us a picture of him fishing after the accident, holding up a big string of fish shirtless...showing off his giant swastika tattoo that took up the entire left side of his chest...and was totally admissible.  Moral of the story:  make sure your facebook setting are properly locked...

Life...Keeping me Humble

It's review time here at the Firm.  That means that sometime soon, all something like 70 partners are going to get together in a big conference room and talk about all of the associates, one by one.  For me, this is my first full partnership review...up until now, I've only been reviewed by a smaller group of partners (the Associates Committee).  So...as you can imagine, the idea of 70ish of my bosses sitting around and talking about me behind closed doors is a little...scary.

 

This week the partners are working on (or should be working on) our written reviews.  All of the partners who I have done work for in the past six months have the opportunity to evaluate everything about me, from my researching and writing skills to my personality to my willingness to participate in firm functions.  And if I haven't done work for someone, well they can always opt to review me just for the fun of it. 

 

Anyway, given it is review time, I was extremely happy with a phone call I received today.  You see, a couple of weeks ago I filed something for a partner with the Clerk of the Appellate Court.  Today he called me and said, "So...I just realized...when you filed that Response, did you make sure to bind it correctly and use the right color of cover page?  I just realized that this was probably the first time you've filed something like that."  And I responded with, "It was, but I looked it up and yes, I filed it correctly." 

 

And then he said something that as an associate you just love to hear:  "Excellent, this is why I like working with you." 

 

I almost said, "Great!  You should probably write my review RIGHT NOW!"  But I didn't.

 

I did, however, proceed to tell some friends that I was feeling good about myself.  You know, always better to go into a review with the partner you do the most work for feeling good about your competence...

 

And then I looked at a motion I filed for him yesterday...and realized that I'M AN IDIOT who COMPLETELY FORGOT to include our exhibits.  Seriously...

 

So, just an hour or so after the partner tells me I've done something well, I walk into his office and explain why I'm an idiot (and then I fixed it, obviously). 

 

Sometimes there is a wonderful balance to the practice of law (at least my practice)...

 

So...today is a wash...

 

 

 

 

My Second Anniversary - the Toddler Years

Today is my second anniversary at the Firm, and it's really hard to believe that I've been a lawyer for TWO YEARS!  In honor of my second anniversary, I went back and read my post from my first anniversary...and I gotta say, I'm funny! 

My second year at the Firm has been another great one, and I feel lucky that, just like last year, I still LOVE my job!  So, here are some highlights (and a couple of lowlights) from the past year:

1. One of the biggest highlights of the year is that I feel a lot more comfortable in my job.  The first year as a lawyer, you literally know nothing.  I mean, you know basic information about the law, and you know how the research and write...but you don't know how to file something.  You don't know what a motion or a memorandum in support look like.  You've never taken a deposition and you have no idea how to ask questions or treat witnesses (or object, if need be).  The best part about my second year at the firm is the fact that I am finally to a point where I know what I'm doing at least some of the time!  It's wonderful!
2. This year I argued my first motion in front of a judge.  By myself.  It was both awesome and terrifying.  I lost my place in my argument and I think that I may have stuttered once or twice, but I apparently made my point because I won!  And it was GLORIOUS!  (it was also fun to be told that I have a lovely speaking voice as I was leaving the courthouse.  Gotta love compliments!).
3. Opposing counsel panted at me.  Like a dog.  I'm not sure whether to call this a highlight or a lowlight...so I'm going to go with an interesting-light.  So here is the story: I was taking the deposition of a younger, single man.  He was represented by...let's say the epitome of a sleazy plaintiff's attorney (think, bars on the windows of his office while he drives a Porsche or something, older guy with a fake tan, plastic surgery lines, half unbuttoned shirt with gray chest hair sticking out...).  Person I'm deposing is very nice to me and gives me lots of answers that are great for my side (but not so great for his own case).  Later in the day, while the sleazy attorney is speaking to my supervisor (on speaker phone with me in the office, which he knows), he describes his client's reaction to me by panting like a dog.  The next day, when he took my client's deposition, he panted at me again.  He is...interesting.
4. For the first time, I wrote a Court of Appeal Brief.  I didn't get to argue in front of the Court of Appeals, but I did get to help shape what our arguments were.  And we won! 
5. I had my first experience where I told a client that we were likely going to lose and that we should settle, and they asked me to press ahead to trial anyway.  I appeared for the oral arguments in front of the judge, and we lost.  It was a very good lesson: while I am invested in the case, it isn't "mine."  It is up to the client to determine how we proceed.
6. For the first time ever, someone called my office and asked me, personally, to represent them after a prior client sent them my way.  And at the end of my representation of my very first personal client . . .
7. The client called me and genuinely thanked me for all of my work on his case, promising to come back to me with any future legal needs. 
8. A combination highlight/lowlight is the ever changing group of associates at the firm.  I was very happy this past year when Amelia and Lindsey started and I was no longer the one and only unmarried and childless associate.  But, I'm sad to say that another associate and friend quit the Firm to move on to an opportunity elsewhere (this one is a selfish lowlight...because her new job is wonderful for her and her family!). 
9. I have not yet been able to convince any of my friends or family from home to move to Kansas.  That's a definite lowlight. 
10. A random farmer in Middle of Nowhere, Kansas, admonished me that I needed to get some sun while I was sitting outside of a courtroom waiting for a hearing.  Apparently the paleness of my skin in February did not please him.

Clearly, these are just a couple of the things I can think of that have happened in the past year.  Overall, it has been amazing and I'm really looking forward to many more years here! 

Apparently I'm a Farm Lawyer...

Currently, I have three cases in my overall case load that are keeping me crazy-pants style busy:

1. A case involving a dispute over damage to a rented tractor;
2. A case involving a contract for the sale of hay; and,
3. A case involving the sale of soil amendments, which are used to increase the root growth and density to improve crop production.

Add to this the fact that I have appeared in front of the Kansas Farm Service Agency state board a couple of times to talk crop insurance, and it appears that I'm becoming a regular farm lawyer...

I wish I had known this was where my life would lead when I was growing up on a farm.  Maybe I would have paid more attention...

In other news, today one of the male associates told me I look tired, which I'm certain actually means, "You look like poop."  (He is Mormon, so I don't think he swears...).

I told my friend and coworker Lindsey about this exchange and her response was, "I'm sorry you look like shit."  THANKS LINDSEY! 

Edit: Lindsey would like you all to know that she immediately followed up her statement with, "But I'm sure [he's] wrong."

I'm not so sure, though.  Not too long after this exchange, a paralegal came in and told me I look like I don't feel well...

 

Thanks for reading my non-post...I promise a better one some day in the future!

I Love My Job!

As with most jobs, there are days when I love mine and days when I don't.  I feel very lucky that most days are days that I love it.  This week, I am happy to report that I love it times a million.  Because this week, my job allowed me to be publicly snarky to someone who totally deserved it.

Currently, I am working with a partner on a case we are appealing to the Kansas Court of Appeals.  A few months ago, the partner and I wrote a brief in support of our case, and last month the opposing party wrote a response.  In their response, the opposing party, talking about one of the cases we cited in support of one of our arguments, wrote something along the lines of that they had scoured the page that we cited, and the quotation that we cited does not exist on the page.

We had pin-cited the wrong page.  Sometimes that happens.  Our bad.

The opposing party had obviously read the entire case as it was the case they cited throughout their entire brief.  Their little comment re: our missed pin-cite really bothered me...

It obviously bothered the partner I was working with as well because in our reply to their response, the partner asked me to correct the pin-cite and draft a footnote responding to snark in their brief...here is my reply:

"In the opening [brief], [we] inadvertently included the wrong pinpoint citation to the [] decision, which was cited as authority for the proposition [supporting our argument].  In its brief, [opposing counsel] brought this mistake to [our] attention, arguing that it had been unable to find the quoted language on the cited page.  [We] hope that by correcting the pinpoint citation in this Reply, [opposing counsel] will be able to locate the [] quotation in [our] opening brief."

Ok, so it isn't all that snarky, but it is enough to be like a little slap in the face at their childishness...which I love.  

Baby Lawyer Tries to Mediate...

One of the best, and worst, parts about being a baby lawyer is all of the new experiences associated with having never done anything before.  It is simultaneously terrifying and exhilarating the first time a partner lets you do something, ANYTHING, on your own.  It is like a emotion roller coaster...and the best/worst part is that you don't really have a choice.  These are assignments...like being at school.  So, ready or not, you are pushed into the deep end to either sink or swim...and usually there is a record for someone to pick up at a later date to evaluate your performance (or, at the very least, there is a client and another attorney in the room to verify that you were either excellent or a total flop). 

Today I had one of these experiences.  Today, I did my first mediation.  It was...interesting.

In this case, I represent the defendant.  The plaintiff has sued my client to recover $15,000 in damages...our last offer to settle was around $1000.  Because of a statute, if the plaintiff recovers more than $1000, he will also be entitled to attorneys' fees.  I have been preparing for this mediation for a while, and I feel very comfortable with the case and my (and the partner's) determination that our initial settlement offer is fair.

So, this morning I wake up and put on my lawyer suit, get in my car, and drive two hours to the mediation (and get lost thanks to the awesome GPS on my phone...).  I arrive at the mediator's office and find my client.  The plaintiff is already there, but we don't actually see him.  We are taken to the mediator's office where he tells us what he thinks of the case, asks me if I am ok with him swearing (me being the only lady in the room and all), and takes off to meet with the plaintiffs to get the mediation ball rolling.

Shortly thereafter, the mediator comes in and says that their first offer is to settle for $15,000 (for those of you keeping score, that is exactly what they claimed for their damages...) and will agree to not seek attorneys' fees.  Ok, great.  Not exactly what I was expecting, but I've discussed my first move with the partner on this case, and I know exactly what our first counter-offer is.  My client and I discuss, we provide some more information to the mediator, we do some math (did you know you have to be able to do math to be a lawyer?), and then we tell the mediator that our counter-offer is $3,000.  Mediator takes the offer to plaintiff.

About 10 minutes later, the mediator comes back into the room and says, "Well, the chickens have flown the coop."  Apparently displeased with our counteroffer, and unwilling to come down from $15,000, the plaintiff just decided mediation was a waste of time and left.

So...I tried to mediate.  Mediation failure. 

The good news = I may actually get to try my first solo jury trial!  There's always a silver lining!

Margarita Cupcakes and My First Solo Jury Trial (kinda)

Hello to you, the people who read this blog!  So, it has been FOREVER since my last blog post.  As you would expect, I have a perfectly good excuse for my lack of blogging - I was simply too busy!

In the last two months, my work life has exploded!  I have been staying late and working weekends all to prepare for my FIRST SOLO JURY TRIAL.  Preparing for a trial is A LOT of work.  My case was a car accident/personal injury case.  The defense (aka - my argument) was that the injuries the plaintiff was complaining about were not caused by the accident.  I spent countless hours pouring over medical records and deposition testimony, creating a timeline of injuries as she explained them and comparing them to the injuries as they were documented in her medical records. 

At some point, the plaintiff's attorney must have started to do the same thing...because less than a week before the trial was set to begin he called and said that he was preparing a settlement offer for our client.  Up to this point, we had offered $7,000 to settle, and they said they would not take less than $100,000.  Well, just three business days before the trial, we received their offer - $18,500.  We countered with $8,000 and they accepted.  So...I did all of my prep work for my first jury trial...and then settled.  It was very anticlimactic, but a very good learning experience.

After the case settled, I have continued to work crazy hours in an attempt to catch up on the rest of my cases!

NOW, on to the cupcakes!

During my busy time at work, I have had very little time to bake (and even less time to blog, duh!).  However, I did find time to make some margarita cupcakes! 

I found this recipe at the Cupcake Project, which is fast becoming my favorite baking blog.  The changes I made (which might not be changes because she doesn't really specify in her recipe) are basically just quality changes (I also didn't follow the vegan recipe...cause I am not vegan).  I am a tequila/margarita snob, so I used fresh squeezed lime juice.  I also used Milagro tequila (shown here on another night when Ian made homemade pizza and I made homemade mango margaritas!  YUM!).

Edit:  Picture of tequila on baking night -

I also used cute little candy lime/lemon/orange slices for my decorations, which I thought fit better with the margarita theme.

The biggest issue I had with this recipe was the frosting.  First, it refused to thicken.  On the first cupcake I frosted and tried to add the colorful rim to, the frosting dripped down the side of the cupcake, the rim completely came off, and the cupcake didn't even look frosted anymore.  I added more powdered sugar to the frosting and whisked it more...and then I stuck it in the fridge for a while, and eventually it was thick enough to stay on the cupcakes while I decorated them.  Then I quickly put the cupcakes in the fridge, where the frosting hardened.  It was a process, but it ended up working well! 

The second issue with the frosting is that I made WAY TOO MUCH.  I never intended to make a double batch of frosting.  But apparently doubling the cupcake recipe confused my brain, because I just automatically started doubling my ingredients for the frosting.  It wasn't until I started adding the powdered sugar that I even realized I was doing it! 

In the end, I thought these cupcakes were fine.  They weren't my favorite, but they were tasty. 

Other people, on the other hand, LOVED these cupcakes.  I had more people request the recipe/stop by my office to tell me how much they loved these cupcakes than I have ever had before...so they are definitely an office favorite!

Margarita Cupcakes - (makes 12, so I doubled this recipe)

1/4 cup fresh squeezed lime juice
1 1/2 tsp lime zest (about 1 lime)
1 cup milk
1/4 cup vegetable oil
2 tsp tequila
1/2 tsp vanilla extract
1 cup sugar
1 1/3 cup all purpose flour
1/4 teaspoon baking soda
1/2 teaspoon baking powder
1/2 teaspoon salt

1. In a large bowl, mix together lime juice, lime zest, milk, oil, tequila, vanilla, and sugar.
2. In a small bowl, mix together flour, baking soda, baking powder, and salt.
3. Add the dry ingredients to the lime mixture and stir until just combined.
4. Divide evenly among 12 cupcake liners.
5. Bake at 350 F for 20-24 minutes, until a toothpick inserted in the middle of the cupcake comes out clean and the cupcakes spring back when lightly pressed.

Margarita Frosting Recipe - the Cupcake Project recommends cutting this recipe in half if you only make 12 cupcakes...I made 24 cupcakes and doubled the recipe...obviously I ended up with too much frosting.
1/4 Cup butter, melted
1 tbsp heavy whipping cream
3 tbsp fresh squeezed lime juice
1 tbsp tequila
2+ cups confectioners/powdered sugar
course colored sugar (and a little salt) for the "rims"
Candy lime wedges for decorations

1. Cream together butter, heavy whipping cream, lime juice, tequila, and confectioners' sugar.
2. Add in more sugar as needed to make the frosting smooth and spreadable.
3. Spread the frosting on the cupcakes.
4. Combine the colored sugar and salt in a small bowl.
5. Roll the edge of each cupcake in the sugar/salt mixture.
6. Top with the candy lime wedges.

My First Year as a Baby Lawyer

Today is my first anniversary at the Firm and yesterday three new associates started, so I am now no longer the newest attorney here!  My life has changed significantly in this past year, and I have to say that every single day I feel so lucky to have found a job that I absolutely love!  So, my highlights from my first year as a baby lawyer are:

1. Participating in my first jury trial!  I never expected that a mere 4 months after I started here a partner would ask me to participate in a jury trial.  During jury selection, the partner  told the jury that I had only recently passed the bar, and the entire group of potential jurors gave me an ovation (which is rather odd in a courtroom).  I gave my very first opening statement to a jury of 12, and it was exhilarating and terrifying all at the same time!  I also directed a witness.  All in all, the experience was WONDERFUL and only reaffirmed my desire to be a trial attorney.  The best part, however, was listening as the verdict was read and realizing that we had won!
2. Having free time!  All throughout college and law school, if I ever complained about life being hectic, a common retort to my complaints was, "Just wait until you get into the real world!"  I am happy to report that I am now in "the real world" (although I fail to understand how law school is somehow not the real world) and I have more free time than I know what to do with!  It is AMAZING!  Obviously there are times when I have to put in late hours at the office or come in early.  I work the occasional weekend.  But on the whole, I have more me time than I remember having at any other point in my life!  I read FOR FUN!  I watch TV, go to movies, hang out with friends, BAKE, and do all other sorts of fun stuff.  Free time is definitely a highlight!
3. Taking my first deposition!  Just a couple of weeks ago I took my very first deposition.  I was very nervous going in, but by the end of the afternoon I was relaxed and comfortable with what I was doing...and I left with a story to tell.  My first deposition was such a good experience I will be devoting an entire post to it once I get the transcript! 
4. The people I work with.  Personally, I think that coworkers can make or break a job.  I LOVE my coworkers at the Firm!  We have attorneys' nights out where we eat greasy hamburgers and drink beer, we play poker, we host baby showers, we have happy hours about once a month, we play practical jokes, and we produce good work.  I love the fun atmosphere combined with an opportunity to learn from some very intelligent and highly respected attorneys!

Of course, no job is amazing all of the time, and there have definitely been some rough spots as well.  For me, the worst part of this year was when the associate I started with decided to take a job offer in a different state to be near his son.  Obviously, I was very happy for him to have the opportunity to spend more time with his child, and it was definitely the right choice for him, but I was sad to see such a good friend and confidant leave! 

Another difficult part of this job is being so far away from my family and other loved ones!  In my perfect world, everyone I love would move here...obviously, that isn't happening anytime soon (other people apparently don't have the same affection for Kansas as I do!)!

So, in the end, I am happy to report that having completed my very first year as a baby lawyer, I am still convinced that I made the right career choice for me and I still go to work every morning excited for my job (well, not every morning...I'm not really a morning person...)!  In honor of this milestone, I finally brought my diploma to work and hung it on my wall, thus making it much more difficult for me to make a fast and unnoticed escape!  So, here's hoping that year two goes just as well (seriously, I still have a lot of student loans...)!