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Last Day of This Acquaintance
It's looking like this will be the last day of the summer job. It doesn't absolutely have to be, but it's probably best if it is since clinic orientation begins next week and it's always good to have a bit of time between things and I'm sort of between projects at work and... there are probably other reasons. It just makes sense. Plus, if all goes well, I'll go out on a high note. I'm handling a simple misdemeanor case today that shows every sign of being a slam dunk in our client's favor—the prosecutor may even just nol pros the case which would be great for our client. Of course, that will mean I don't get to practice introducing evidence and making the prosecutor look silly, but, well, we can't have everything, can we?
Besides, I have another matter today that is more likely to be a short trial—my very first! I'll share details if they seem worth sharing. One thing I've learned this summer (and I learned it last summer, too, but this summer the lessons have been even more personal and clear) is that this kind of job often requires you to do a lot of work and preparation you never use. In fact, sometimes the more work you put into a case, the more likely you won't actually have to take the case to trial. That makes sense—if you do a lot of research and write some killer pre-trial motions or gather some excellent evidence, the prosecution is more likely to fold. In that sense your work absolutely pays off—getting the best outcome for your client is the whole point. What you don't use is all that time spent in front of the mirror practicing all that awesome stuff you're going to say in court to win the judge or jury over, or to scare the prosecutor witless. It's actually better if your case goes away before you have to use that stuff, but sometimes using that stuff is fun.
But what do I know? I've still only really handled one case. After I've handled dozens of cases I bet I'll agree the less I have to say in court the better.
Posted August 9, 2005 06:26 AM | 2L summer
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i don't think i'll ever feel that way. i love talking in court. :)
Posted by: monica at August 9, 2005 12:11 PM
It's all well and good that you enjoyed your summer experience, Todd, but what about the people you worked with? Were they awesome or what?
Posted by: Interested Party at August 9, 2005 09:47 PM
There, there, ambimb. You can always remember this: if you _failed_ to practice in front of the mirror, even though you'd written that killer brief that you thought would knock the other side dead, if they come back with a hot return over the net and you're forced into a trial you thought for sure would never happen...
...that's when you're glad you prepared as much as you did.
Always prepare for every matter, every brief, every trial as if this one will be for real. Then, when some of them turn out to be, you won't be underprepared.
You can't treat each one as if it's _your life and death_ on the line, but you can certainly do your zealous best to be responsibly prepared. Otherwise... malpractice! :)
Posted by: Eh Nonymous at August 10, 2005 07:00 PM
Well, after handling thousands of cases, I can say that you are right: the more you prepare, the less likely something is to happen. But, the thing you learn, is that it's never a waste. Even though every case has it's own nuances, you'll use what you prepared again. There will always be another drug case, another resisting arrest case, another shoplift. And while some of the details will change, you'll always be able to adapt and expand upon what you've already prepared.
Posted by: blondie at August 11, 2005 08:40 AM
Interested party: Of course! The people I worked w/were the very best part -- especially the former gymnasts among them! I have not forgotten, just you wait and see!
Eh Nonymous: Excellent advice. I wasn't complaining about my preparation being wasted -- I understand that's how it goes. I was just trying to explain that that's one of the sort of unexpected contradictions of trial practice -- you almost hope you'll never have to use a lot of the work you do because if you don't have to use it, that's probably best for your client. It's a sort of "peace through strength" sort of thing. That's cool, though. My mirror enjoys the practice -- bring it on! ;-)
Posted by: ambimb at August 11, 2005 08:42 AM
