Showing posts with label trial. Show all posts
Showing posts with label trial. Show all posts

Friday, March 20, 2015

Signs of Spring (& Life)

After almost an entire week of hanging around the courthouse and replaying and over-analyzing every single event that occurred during trial, we finally got our verdict on Monday. It was a mixed verdict. Bleh. It could have been worse, which is what I keep reminding myself.

It's taken several days to recover from the craziness, late nights, emotional suspense, and entire gut-wrenching ordeal of trial. But it's now behind us (for now????) and I'm so happy to move on with my life. I'm also happy to finally give some attention to the other much-neglected cases on my desk. But I do love trial. And I'm going to actually miss it.

The last time I was in trial I was 8 months pregnant. What a difference 6 months makes! Ugh, I never want to be that huge again!

 

Now that time has jumped forward and Spring is here, I'm excited to get out and enjoy some life! Which is what I've been up to all week (in stark contrast to being in trial where it seemed like I was working all day and night, even in my sleep!)

Signs of spring and life have been popping up everywhere. The day we got our verdict, I saw baby bunnies in the office parking lot! BUNNIES! BABY BUNNIES!



Thanks to Jon waking me up several times a night for the past week, I'm extremely sleep deprived. Somehow I always seem to be the only one who never gets enough sleep. Jon cries all night and is bright-eyed each morning. Night or day, I feel like I'm stumbling around in some state of half-consciousness.

The kids trying to take a nap together (only Jon succeeding)



After work, we make our way down to our favorite park. Usually the jogging stroller is loaded with any and all entertainment the kids might need. Pictured below: skateboard, basketball, scooter, and several other balls and frisbees in the basket. We are always prepared!


One day this week we switched up our park destination and went to the beach park. I ran three miles and then we all went down to the water to play. Jake and Ryan are hiding somewhere in the picture below.


This week there was also lots of tree climbing. You can't have three boys and not engage in some kind of tree climbing. It's just not possible. 


I was particularly inspired this day to join in the fun. Hey adults, when was the last time you climbed a tree? It is seriously amazing. Go outside right now and climb a tree. I dare you. It will change your whole day.  Why should kids have all the fun?!


Somehow we end each day with a wrestling or dog-pile match. Those are fun too. There is nothing like kids to remind you about all the fun parts of life! Ugh, I remember when my days were filled with tree-climbing, dog-piling, park-playing adventures. It seems like just yesterday. Why do we have to grow up? Honestly, I don't think we really have to grow up ALL the way! In fact, not growing up all the way jut may be the secret to life.


In other news, this little guy just turned 5 months old! And he's rocking every second of all of our worlds.


If only our little Jon-Bear would actually start sleeping at night. One night he'll sleep all the way through (and then RYAN will coincidentally decide to wake up crying at 2am- without fail!) and other nights he's crying every two hours and allowing me a generous three-inch sliver of bed.

At least he's cute?! (And my last *cough.*)



Monday, March 2, 2015

A Treatise On Babies, Trials, And Crotches

After a ten hour work day involving eight full hours in court, I came home to this guy's happy smiling face:


There is seriously no better way to end a day of trial (except with a defense verdict).

I also came home to this elaborate set of train tracks, courtesy of Jacob and Ryan.


When Jon's happy coos began to turn into tired whines, I gathered him into my lap, collapsed into my favorite rocking chair, and rocked him to sleep over a game of Zingo with Jacob and Ryan. I was home, I was surrounded by all my babies. They were either sleeping or laughing. I was so, so happy.

In preparation for trial day one, I spent a good portion of my Sunday rewriting and reviewing witness outlines and doing this:



I swear Jon knows whenever I'm about to have a big day. He is usually a great sleeper but the three times I've had to get up early for court this month, he's only let me have a couple hours of sleep. Last night he woke up at midnight, then Ryan woke up at 1, then Jon woke up again at 2, then Jon woke up again at 4 and again at 5. When my alarm woke me up at 6, it felt like I'd barely slept a wink. But when I looked over at the little stinker in my bed, his face broke into its usual gigantic grin, and I just couldn't stay mad. He hung out with me in the bathroom while I showered and sat next to me while I got dressed for court, all the while lavishing me with huge open-mouthed grins every time we made eye contact.

I love babies.

For trial day 1, I got to voir dire the prospective jurors. It's always nerve wracking to have to chat up complete strangers about whom you will be making instant and stereotypical judgments. And I was younger than every single potential juror. I'm still waiting for the day that I walk into a courthouse or an important meeting and am NOT the youngest person in the room. But hey, could be worse. I could be the oldest person in the room?

After the jury was selected and sworn in, I argued one of our motions in limine. The federal court judge ruled against me but paid me the highest honor by saying that it was "a really excellent brief." I'm going to bask in the glory of that compliment for quit a while! You think judges read so many briefs that they are just mind-numb to them all. Maybe not.

Tomorrow I'm going to wear my brand new pants suit (the phrase "pants suit" makes me cringe and mentally vomit- I don't know why) while I cross examine some witnesses. It's also my only suit with pants (successfully avoided The Phrase). I've been searching for FIVE YEAR for a decent pair of work pants that don't give me constant wedgie. Is my butt just big? No, my butt is exceptionally flat (not in a good way). So is my crotch just long? That could be my native name: Long Crotch. Ha ha, ew. That's worse than The Phrase.

The wedgie problem is why I exclusively wear skirts and dresses at the office. But the other weekend I ACTUALLY found a pair of pants that worked. It was no small miracle. It also just happen to come with a suit jacket that ALSO fit me. And the entire suit made me feel like Alicia Florrick so, you know, I had to buy it. And now I'm not sure what I'm excited most about tomorrow: my new suit or my cross examination.

Either way, I'll be ready!

Monday, February 9, 2015

You've Got To Be Suiting Me!

I have a federal trial in less than a month and I am very much in need of a new suit. In my short legal career, I've not had great experiences with suits. Any suit jacket that fits in the waist/bust is too small in the shoulders and too short in the arms. Also, I have never found a single pair of trousers that fits me. It's painful to admit this but.....apparently I suffer from chronic butt camel toe. So I'll just be sticking to skirt suits.

Basically, I have one suit that I like. It's from JCrew. And while wearing the same suit five days in a row might be forgivable when you are pregnantm that's not gonna cut it this time around. Yup, I'm officially suit hunting.

The internet is great for suit hunting. Just from looking at a photoshopped image of a stick-sized, gorgeous model, I can tell EXACTLY whether a suit will work for me or not. UGH, Right now I don't have many leads but I wanted to share some of the gems that I found on actual chain retail store websites.

Warning: the suits you are about to see are 100% real. Recommended for mature audiences only.

First up, look at this beauty. I mean what lawyer hasn't thought, "I really wish I could look like Tetris at my hearing today." It's great for distracting opposing counsel.



Then there is this...the "Embellished Shoulder Torn Blazer." Why would you tear your own shoulders when you can have it done by an underpaid seamstress in a third world country? I know what you're thinking, "This is so wonderful that I have absolutely nothing as equally wonderful to wear with it!" But never fear! You can buy the skirt in the picture and be stylin' from head to toe. Just don't be alarmed if birds start to fly for your crotch, mistaking the print for tree branches. 


If I could wear shorts this short in court, I would never have to brief another legal issue ever again. I'd win cases with my legs. And an occasional panty peek-a-boo during strategically timed instances of a dropped pen.  


Who wore it better? This model, or someone from the cast of Duck Dynasty? This is a great selection when your secretary accidentally books your court date back to back with your hunting trip. Set to the tune of about 5 grand...this suit better be lined with real deer fur.


Finally, this is the PERFECT suit to wear when:

(a) you need to distract the judge from your losing argument;
(b) you want to set a more relaxed, springy tone (i.e. death penalty cases);
(c) when you have to apologize to the court for a mistake you made and you want to inform the judge that to be human is to err by reminding him of poor life choices he may have made during a college spring break trip to Mexico; or
(d) you are the designer's mother.


Monday, August 18, 2014

One Day Down!

I wish, wish, wish I could talk about my trial. I just finished day one and it has been an incredible, informative, amazing, and challenging experience.

30 weeks. A ridiculous sight:


Coming home and taking off my tights and my suit was the most amazing feeling EVER. Now, after a ten hour day, I get to unwind and do nothing trial related for an hour before I have to dive back into preparing for tomorrow. I forgot how much work this is! My brain feels like a large puddle of goo from all the thinking and strategizing and analyzing it has done all day. It's true what they say: your brain is a muscle! Wait, do people say that?

And now I must don a cloak of silence and not talk about my exciting trial adventures. But take note, they are VERY EXCITING!

Sunday, August 17, 2014

A Kids-Chores-Work Omelette

After today, I seriously need a weekend from my weekend.

This morning Jacob asked if we could go to our favorite breakfast place, The Pancake House. My husband wasn't interested but when I realized I wouldn't have much quality time with the boys this week (trial!), I decided it might be a good idea. So I took the boys on a mommy-son breakfast date.


We colored the kid's menu. We played tic-tac-toe. I coaxed Ryan off the floor five times. I stopped Jacob from drinking approximately 15 half-n-half shots. I picked up a pancake that Ryan threw into the booth next door. I mediated about a dozen fights, one involving Ryan shooting a rubber band in Jacob's face (no idea where that came from). I finished a cup of coffee, picked all the berries off the kids' face pancakes (seriously? the berries are the best part!). So...overall, it was a successful (although not relaxing, by any means) breakfast.

After breakfast we went to Target for Jacob's first back-to-school shopping experience. And my first one in probably 10 years. There is nothing more excited or elating than brand new school supplies! Ahh, the memories! I splurged a little and let Jacob pick out a new Ninja Turtle backpack and matching lunchbox. Then I was a softy and, after several puppy-dog-eyed-glances and sad pace pouts, let Ryan have a Ninja Turtle lunchbox as well. It was a fun experience...until we got to the checkout and I saw the price tag for everything...YIKES. I did also buy groceries and clothes for both kids (including Jacob's uniform outfits), so I guess I didn't make out too badly.


We got home at noon and the rest of the day was a huge whirlwind of chores. I sterilized and scrubbed the boys' mattresses (they smelled like pee- ew!), washed all their bedding and dirty clothes and ended up doing four loads of laundry in total. I haven't even done MY laundry yet, ugh.

Then I logged into my computer and hammered out two hours of work. Not uninterrupted, of course. I finished a motion for directed verdict (yay, trial!) while mediating several fights over toys, issuing time-out warrants, preparing lunches and snacks, switching my four loads of laundry from the washer to the drier, and cleaning up after the kids.

Then I got to put away all the laundry and make all the beds and tidy all the rooms and direct the kids in the cleaning of ALL THE TOYS (no small feat). Then prepare dinner (during which I spilled boiling butter all over my belly and nearly melted into a puddle on the kitchen floor). Then serve dinner. Then clean the dishes. My stretching abdomen muscles started acting up during all of this so while I was working I was holding my belly up and wincing in pain. I feel like such a wuss, but simple every day tasks (anything that involved bending over) take so much effort when you are 30 weeks pregnant.

The boys playing "dress up"


Now, we're getting the kids ready for bed and I'm hoping to rest for a minute or two before I have to hit the computer again.

In other news, tomorrow is the first day of a big civil employment law trial that I am co-chairing. The trial is in federal court and I'm both thrilled beyond measure and dying from anxiety at the same time. We had a pre-trial conference last week and just sitting in the big fancy, marble courtroom in front of a Ninth Circuit judge started to make me feel giddy. I've been tasked with voir dire tomorrow and after that, I won't have much of a role (other than jotting and passing notes) until Wednesday and Thursday when I'll be examining my five witnesses.

Holy moley, I'm so excited. I still can't believe my boss and colleagues have entrusted me with such big tasks for this trial. In my experience in private practice, most associates don't get much trial experience because the partners like to take all the fun and glory. So the fact that I'm a fourth year (and just a temporary employee at that!) who is co-chairing a big deal trial in federal court means a whole lot to me and I totally appreciate the opportunity that my bosses are giving me. I just hope I don't royally screw up and lose the case for us- which is actually a possibility if I bomb my witness examinations! YIKES!

I can't wait until next week, when my part of the trial is over and I can coast through, not just the rest of the trial but the rest of my work assignments until baby gets here. It will be SUCH a relief and I'll be able to really enjoy the rest of the summer, stress free. Well, until the next big case comes along. Hopefully when that happens, I will be a permanent employee (fingers crossed!).

I've helped prepare for several trials in my short legal career. I've just never been that involved in the actual trial part (except for a minor role examining one witness in a small personal injury case). This whole process has really solidified my passion for litigation. I'm actually worried that when the trial is over, I'll experience a huge letdown and become really bored with my day to day legal work. I love the rush and strategy of litigation. When I applied to lawschool I NEVER imagined in a million years that I'd be a trial attorney (much less enjoying being a trial attorney), I can seriously see (after more experience) myself doing just trials and trial consulting for the rest of my professional career.

Tuesday, April 22, 2014

Heart Attack Ensues (Part 2 of My First Trial)

I met with my trial mentor a second time. This time, I was more emotionally prepared. And he seemed much less intimidating. I really hope no one mentioned that he scared the crap out of me last time. That would be slightly embarrassing.

We talked about the case and divvied up the work. He asked me what parts of the trial I wanted to do. The honest-to-goodness truth was that I wanted to do none of it. Just the thought of having to perform in front of a jury under another attorney's watchful eye makes me want to melt into a puddle and disappear from earth's surface. I really wanted to run away. This whole thing is so far beyond my comfort zone. Why is my profession so damn scary?!

Against my deepest wishes, I'm doing the opening statement and the first closing statement. I've been instructed to prepare my opening statement so that I can practice in front of my mentor. Ok, except...hello! I don't know what an opening statement is! I've never even seen one (except for TV). I'm told I need a good hook to keep the jury interested. Ugh. Is it too late to go to art school?

I'm also direct examining three witnesses and cross examining one defense witness. I'm less worried about these tasks. I've examined witnesses on the stand before. I'm not familiar with it but I know I can do it when I have to.

Today, we were scheduled to meet with several witness. These are witnesses we will be calling. They also happen to be police officers. And I've decided that I could never make it as a criminal attorney. See, I have this thing for police officers. Much like a suit is to most people, a police uniform is to me. Put any man in a police uniform and he instantly gains ten points on the attractiveness scale. It must have something to do with having physical power, authority, and the duty to uphold the law.......I'm stopping now before I travel beyond a PG rating.

I was totally not stressed about this meeting. I've never been in a prosecutorial interview before but my mentor would be there to take the lead. I planned to ride shotgun and take really good notes. AND THEN a (metaphorical) peanut butter and jelly sandwich hit my face. As soon as I got to the office, I received a phone call from a pleasant lady telling me that my mentor would be running late and that I was to start without him and he would join at the very end. "Ok," I managed to squeak out in a terrified voice.

I gave myself a huge prep talk. "You can do this! You're an attorney! You're important! You're smart! You can ask a few simple questions." I spent an hour preparing for the meeting by reading every single document related to the case. I took two pages worth of barely adequate notes on what I should ask. I was appalled to know that I didn't even know the basics. Do I interview them all at once or separately? What does a prosecutor call a police officer? Do I record the interview? Do I reveal facts that are non-related to their testimony?

I arrived at the conference room ten minutes early and just sat at the desk looking into space. My mind wondered from "What the hell am I doing?" to "It's just an informal interview, no biggie." Looking back, I'm pretty sure I over-reacted to the entire thing. I mean it WAS just an interview. But it doesn't take much to get me out of my comfort zone (said the homebody introvert who prefers the selfservice check-out line because she doesn't have to tell a checker how her day is going).

I sat there at that conference table having a mini heart attack and bracing for what I was sure was going to be an awkward meeting. I checked my phone nervously about 30 times in 15 minutes. I watched the wall clock tick towards my impending torture session. I put on a smile. A big smile. This is what I do when I'm nervous. When your nerves fail, smile at people and they may just take pity on you.

But no one showed. Ten minutes passed. Then fifteen. Every time I heard footsteps my heart quickened. But the footsteps always kept walking right on by. Then twenty minutes passed. Suddenly a frame graced the doorway. This is it, showtime! I braced myself.

But who was it? None other than my mentor. I was SO happy to see him that I could have attacked him with a giant hug (probably best I didn't since this is an assault case). He saved me! I invisibly let out a giant sigh. All the tension flowed from my body. Right at that moment, I was the happiest human on earth. I was happier than a catch-and-release halibut, bracing for death only to feel the cool, familiar water splash against its scales.

Finally, the law enforcement witnesses arrived. And it went so smoothly. Very smoothly (except for the occasional drop of drool that escaped my mouth). And it was fun. And I learned a lot. And that was the meanest joke anyone had ever unintentionally played on me.

Thursday, April 3, 2014

The Wrong Side Of The Mountain (Part 1 of My First Trial)

For a week I have been hearing all about him. "You will love working with him." "He is the best trial attorney in this state." "He is so much fun!" "The guy's a genius."

When I finally show up at the front desk, the receptionist calls him. She announces my presence and, after hanging up, she directs me to sit. I sit and try so hard to will the worries and nerves from my body. I feel sharply dressed for casual Friday in my dark denim jeans, soft pale pink blouse, and smart black blazer. I feel a strong need to make a great first impression, but somehow I suspect I'm being frivolous and my wardrobe choice will go un-noticed.

He opens the door. I do not see the tall, slim frame that I had expected, that I had imagined. His face is not friendly, his eyes are not shining with charm. He asks how he can help me. He does not recognize my name. I finally explain, "my boss said you were willing to train me and give me some trial experience." Finally, it seems to click in his mind, unapologetically he tells me he is not good with names and summons me to follow him.

We walk down cavernous halls, turning left, then right, then left, left again. I'm already lost. He waves me into his office. It is small, crammed with books and file cabinets. He instructs me to have a seat pointing to a large, overstuffed leather chair in the corner. It's the only thing indulgent about his office. As I glide onto the cool leather, I imagine that many witnesses, perhaps even victims, have sat here before me.

"Why are you here?" He begins.

I don't quite understand. My boss sent a detailed email, on which I was cc'ed, explaining how she would love if he could help me get more trial experience. I wonder if he is looking for a literal answer or if he is simply probing me.

As I attempt to explain, my voice trails off, as if his very presence and steady gaze were squeezing the air from my throat.

"Tell me about yourself." His next question is not much easier. I begin to feel like this is an interview. That I have to prove myself. That I am not worthy to train with the best. No doubt, he probably has a million cases to get to. I feel like a beggar. A pesky fly. I am probably more trouble to him than it is worth.

I hate this question. How do you sum up 29 years of life experience, hopes and fears, successes and failures, passions and personality in response to one simple question. I begin to anger, which thankfully does not show behind my nervousness. It's all I can do to keep my hands from shaking, my eyes from narrowing in terror. Instinctively I want to run my hands through my parted hair. I resist the urge.

Getting to know someone should be a collaborative effort. He is taking the easy path and putting all the burden on me. I did not prepare for an interview. I remember my boss assuring me that I will have a lot of fun working for him. I feel like I met the wrong person.

I provide a clumsy and inadequate answer to his question. He asks several follow up questions. Such as "What did you do at X firm." When I tell him I did tort litigation, he quips, "and what does that mean?" Is he treating me like a witness on the stand? I already feel like I have failed.

He gives me a spiel about trying cases. How you have to put on a show. Be deliberate about everything you do. Create a personality that will keep the jury entertained while also making them think that you are the most prepared person in the room. Exude confidence. Be forceful. That is not what I do, clearly I have already shown him this flaw of mine in our brief 5 minute meeting.

He hands me a trial notebook. "This is what a trial notebook looks like. You have to have all the information at your fingertips. You never know what will come up. You never know what the judge will ask you. You have to plan in advance how you will get all your evidence before the jury. Know the evidence rules." With that, he hands me a gigantic evidence rule book. I decide not to tell him that Evidence was my lowest grade in law school. To mask my terror, I just smile.

"Be careful about smiling in court." He continues. "You don't want the jury to think you are flirting with them. Women who are friendly in court often have a hard time reaching women jurors."

I let me smile collapse on itself.

Next he hands me a case file. "Here is your case. Trial is set for the beginning of next month. Create a trial notebook like the one I showed you. Then come back and we will practice."

Is it too late to back out? I can't try a case. I know NOTHING about criminal law. I am a civil litigator. (And I mean litigator in a loose sense: drafting pleadings, issuing discovery, and the occasional discovery motion in front of a judge.)We finish our session.

"It was nice to meet you," I say, trying to be pleasant. I'm determined to win this man over. I'm determined, despite my deeply-rooted terror, to succeed.

"You don't know that just yet," he responds quickly and waves me out of his office. He shuts the door. I'm alone in the cavernous, maze-like hall. My arms, now loaded full of cases and books. I relax and my body starts to shake intensely, so fiercely like a mad dog finally let loose from a cage. I take a wrong turn. I wander the hall, searching for an exit sign. "He could have at least shown me out!" I'm angry but mostly at myself. Why can't I be more easy going and confident. Why can't I at least fake it? I better learn before my trial.

My mind trips on those words. "My trial." Even though I'm out of that room, I'm not safe. I realize that I'm going to have to come back here, to this uncomfortable and unknown place to do something uncomfortable and unknown. As I walk farther and farther into the labyrinth, I feel lost in more sense than one. I want to cry. I want to go home. I want to not have to think about trials. Or court. Or jurors. Or my shortcomings. Shyness has always been a disability for me. It's limitations and burdens never felt so staggering as they did in that hallways.

Somehow I make it out. I find a glimmer of outdoor light around a corner. I then turn to find a door. I step out and sigh. The air is fresh. In typical Pacific Northwest fashion, it smells slightly of rain, sweet but heavy in the air, and the start of budding leaves. I know I face a mountain. But I've faced many before. LSAT tests. Oral arguments in legal writing class. Taking my first deposition. Arguing my first summary judgment motion (just last year). I stumbled through all those things. But I survived. And I came out the other side a little stronger, a little tougher, and a little more experienced.

I know it will be painful. And hard. And scary. But I have hope knowing that with the passage of time,  four short weeks actually, I will be on the other side of this mountain. I will still be standing. And I will be relieved.