Archive for the Law School Category

Here Comes Da Judge; Dere Goes Da Justice (August 31, 2015)

Posted in Courts, Federal Courts, Judges, Judicial Arrogance, Judiciary, Law, Law School, Magazine Reference on August 31, 2015 by e-commentary.org

. . .

B-W L          “I told my client in a personal meeting face to face in the office that we were assigned a judge who would rule against us without reading any of the pleadings.  Zero percent chance of success.  An appeal was too expensive.  The client said to proceed making the arguments and angle for an angle, some angle, any angle.  You should always send a separate letter as an attachment to an e-mail and by snail mail to the client confirming your concerns that the outcome may not be favorable as discussed.  I slow rolled things playing for time with no grand plan.  Out of the blue, an entity moves and is allowed to intervene; the judge steps out of the case without comment.  New judge takes over case; new judge follows the law; client prevails.  You need to get lucky some times.”

W-E L S          “We are spending the third year trading war stories like this in the student lounge.”

B-W L          “And that part of the process is not even covered by tuition.  I told another client that we drew the right judge and could expect a favorable outcome.  Some judge gets deployed overseas to join in killing innocent folks and a new judge is assigned.  A judge who liked to use the expression ‘a no-brainer’ and met that qualification.  However, the argument required a brain.  He employed his patented ‘no brainer’ analysis.”

W-E L S          “Dead.”

B-W L          “DOA.  Upon notice of the reassignment, the first reaction was utter dread.  Game over.  A death notice from the court.  You may not realize that your state still has the death penalty in civil cases.  And not a shot was fired.  How do you explain it to a client who is utterly disgusted with the whole process.  He kept yelling that he wanted the first judge and wanted me to get the first judge back.”

. . .

B-W L          “MSU is a military expression that applies to the law.  Making Stuff Up.  The facts and the law.  No one will ask the fundamental question whether all the money, public and private, spent to indoctrinate a young law student is worth fomenting the illusion and delusion.  Is there value in the truth?”

W-E L S          “Can I get a refund on my tuition?”

. . .

B-W L          “Few if any of your law professors ever practiced law.  You are obligated to repeat and are rewarded for propagating the myth.  That is the Game.”

. . .

[B-W L: Battle-Weary Lawyer; W-E L S: Wide-Eyed Law Student]

[See the e-commentary at Playin’ The Legal Game (March 28, 2011) and Assigning Blame: The Lawyers: 50 Percent; The Non-Lawyer Public: 50 Percent; The Judges: 100 Percent (December 3, 2012).]

Bumper stickers of the week:

“Your honor, we will be filing a motion this afternoon to transfer this case to an entirely different judicial system.”  “The New Yorker” cartoon in office.

MSU:  The motto of the American judicial system

A system of men and women not a system of laws.

The first thing we do let’s banish the American-acculturated judges.

“You Can’t Be Smarter” (August 10, 2015)

Posted in Bureaucracy, Courts, Entertainment, Journalism, Judges, Judicial Arrogance, Law, Law School, Newspapers, Personal Stories Series, Personal Story, Press/Media, Television on August 10, 2015 by e-commentary.org

. . .

P          “You might as well leave law school with some useful insight.  When you begin practice, ferret out the longest serving person at the firm.  That person likely will be female and the secretary for a senior partner.  Take her to lunch.  Ask for advice.  Listen carefully.”

. . .

SS          “Your biggest challenge?  You must accept that you can’t be smarter than the judge.  That will vex a person like you.  And don’t expect much civility or any humility from the bench.  Good luck.  You will need it.”

. . .

YL          “So it is like law school but with consequence.  It is like high school writ large.”

SS          “And I am downstream from the bullying and arrogance of the judges and the senior partner.”

. . .

YL          “Looking back, I realize that professors were and judges now are the greatest impediments to advancing sound ideas.”

SS          “They don’t teach you much in law school.”

. . .

[Jon Stewart left The Daily Show recently.  See the e-commentary at Brian, Jon And Journalism Today (February 16, 2015).]

Bumper sticker of the week:

Better to know the judge than the law

Commenting On Legal Commentators (November 4, 2013)

Posted in Book Reference, Courts, Education, Law, Law School, Schooling, Writing on November 4, 2013 by e-commentary.org

. . .

L1        “Did Ronald Dworkin ever practice law?”

L2        “Doesn’t seem so.”

L1        “Did H.L.A. Hart ever practice law?”

L2        “Seems that he may have handled a few traffic violations.  Some of them moving.”

L1        “Now I admit that they spouted some pretty city talk and a few inspiring aspirations, but do they have a clue.”

L2        “Does having a clue matter?  Two branches of the ‘Quaint Theory’ of the practice of law.  The say what others want to hear.”

. . .

L1        “Now Benjamin Cordoza did play the game, but he missed the boat.”

L2        “Accord.  The Nature of the Judicial Process should be filed under ‘F’ for ‘Fiction’ or for ‘Fairy Tale.’”

L1        “And given an ‘F’ for failing candidly to explicate the American legal game.”

L2        “He failed in describing how the legal game works, but he succeeded in trying to make the legal system work.”

. . .

L1        “Academic law is more closed and cloistered than any other area of academic pursuit in America.”

L2        “Except a few other areas of academic pursuit in America.”

L1        “Many of the failures of the legal system find their genesis in America’s legal schooling industrial complex.”

. . .

L1        “Did Fred Rodell ever practice law?”

L2        “He did not need to play the game.  He got it.  And got out of the game before ever entering the game.  That takes finesse.”

L1        “Lucky guy.  But he is an anomaly.  The legal schooling complex today would not allow a young Fred Rodell even to labor as an adjunct professor at a night law school.”

L2        “If they would even admit him as a law student.”

. . .

[See the “e-ssay” titled Playin’ The Legal Game (March 28, 2011).]

Bumper stickers of the week:

“There are two things wrong with almost all legal writing.  One is its style.  The other is its content.  That, I think, about covers the ground.”  Fred Rodell

I entered law school already knowing how ‘to think like a lawyer’ and exited law school still knowing how to think like a human being.