The Gratuitous Promise

The Gratuitous Promise: not worth anything, but I'm making it anyway!.........My thoughts as a stay-at-home mom turned law student, who just passed the California bar exam.

Tuesday, October 30, 2007

Another Day, Another A

I picked up my third graded Advanced Research and Writing paper today and was happy to have received an 86. (Remember, at my school everything 85 and over is an A.) Nice to get 2 As in the last week. I don't think my paper that is due next Tuesday is as good, but as I mentioned, I don't really care because I just want to go away this weekend and not have to think about it anymore. (Ok, technically I do care, just not enough to do anything about it!)

I have to get through tomorrow (work and afternoon class), Thursday (work, afternoon and evening classes- ugh), and Friday (work) before I can leave town. This is one of my favorite places in California and I haven't been there for over two years, so I'm dying to just leave town. Already have a massage booked too! Three more days.......

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Monday, October 29, 2007

The Hardest Thing About Work

is that there are so many things I can't just do by myself! I truly hate that. Because it means I have to call or email an agent or some other person and wait for them to get back to me before I can do anything. And half the time, they don't really answer my question and I need to wait more! I just like to get things done, so it is so frustrating to have notes sitting around for all these cases I am waiting on for something or other.

Other than that, I do love my internship. I certainly feel a lot more comfortable there now and have made several court appearances by myself and have no apprehension about doing so. I kind of feel like the judges know I'm half clueless, so they don't really expect much from me. The more I'm in front of them, the more I can tell how they operate and what they expect though, so hopefully the cluelessness will diminish over time.

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Saturday, October 27, 2007

Ahh....Sweet Sleep!

I'm feeling a lot better today. I was able to sleep in until after 8am (which is a huge treat since I normally get up at 5!), I finished my paper by 3pm, and even took a nap! I do have to clean the house again in the morning for another showing tomorrow afternoon, but at least my paper is done.

I realize I could probably do more on my paper to earn a higher grade, but at this point, I don't really care to. I'm so freaking tired and I figure my sanity is worth the deduction. Getting it done this weekend means I can keep our plans to go to the Half Moon Bay Ritz Carlton for get away next weekend. Even though it is just a weekend trip, I'm excited about it. I'm used to traveling a lot more and hadn't gone anywhere since......gosh, has it really been February when I went to Vegas? How sad! I'm definitely feeling deprived in the travel sense. I can't wait to be done with the bar because I am dying to go a bunch of places! Somewhere tropical to relax, somewhere in Europe to explore, and Vegas for fun and shopping.

I really need to work on my Evidence outline, but I'm not going to worry about it this weekend. That will just have to wait another week.

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Thursday, October 25, 2007

Getting the Best Grade in a Class Helps

We got our Community Property midterms back today. The professor had warned us that he grades the midterms hard and considers them a learning experience. They are worth a third of our class grade, but he will substitute your final grade, if that is better. The grades ranged from 50 to 85. The only thing that helped me get over that I knew exactly what I could have done to get an extra 15 points and just didn't do it was that I was the 85. :)

Ok, so maybe law school is not a mistake. I'm just frustrated. And tired. And needing a break.

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One Bit of Good News

I did find out yesterday that in the spring, a 3 unit elective, a Bar Prep course will be offered. Apparently it will be on Tuesday nights. I had been planning on taking Civil Trial Practice, on Wednesday nights. Since the only night I'll have a class in the spring (without my last 3 unit elective) is Thursday (W&T), I am free to pick which class to take (a rare occurrence at my school because the schedule is so limited that you usually have to just take whatever is offered at the time that fits).

I have no interest in civil litigation, but thought I'd take that elective as first, it is one of the few 3 unit ones being offered, and secondly, figured trial practice is trial practice, so that would be good. However, the thought of getting a jump on my bar preparation while getting credit for it appeals to me. (Not in the same realm as say sleeping for the next week appeals to me, but just being realistic.)

Practically speaking, it would also be nicer to have an evening class on Tuesday, instead of Wednesday, because I despise evening classes altogether, but 2 nights in a row is UGH. This would make my school schedule for spring: Tues. afternoon (Remedies) and evening (Bar Prep), Wednesday afternoon (Evidence), and Thursday evening (W&T). Doesn't seem too bad.

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Wednesday, October 24, 2007

Tired of Everything

Guess I'm not having a good week. Ever feel like you want to quit everything you're involved with? That's how I'm feeling. Feeling like that, and if I did, it wouldn't even matter to anyone or anything.

Right about now, going to law school seems like the stupidest thing I've ever done. I wish I would just wake up and find this was all a bad dream.

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Tuesday, October 23, 2007

Remind Me

not to post (or do anything else, for that matter) when I'm tired.

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Monday, October 22, 2007

Can I Just Take a Nap Already???

I spent the entire weekend doing school stuff (with a small break for the delightful chore of cleaning the entire house for another would-be buyer). The most frustrating part was trying to research my next Advanced Research and Writing paper. We weren't told exactly what kind of motion we are supposed to write, so first we have to research and find out THAT, and then do the research to actually write the thing.

My Lexis research lead me in one direction and I spent hours looking into this. I wasn't positive it was the motion my professor was wanting us to do however. Luckily, I emailed her last night before committing even more time. Of course, I was more than a little pissed off this morning when I heard back from her that I was looking in the wrong area. UGH! Hours, wasted. Hours that I don't have to waste.

Instead of reading Community Property at lunchtime, I got back on Lexis and kept looking- in a different area. By the end of the hour, I thought I had found it, which I was happy to confirm via email from my professor, that it was. Of course, that meant tonight after working a full day I had to come home and do a bunch of more research in this area. (Don't even think of asking me what the real motion is we are to do! If I had to spend a whole day wasting my time researching the wrong thing, I am NOT about to tell anyone!)

The good news (the tidbit that there is) is that I found out in Remedies we will only be going up to page 440 for the December midterm, and that is exactly where I stopped reading last night. I have a somewhat decent outline for about the first half of that (which is how much we've covered in class so far), and now I don't have to worry about reading in there any more this semester. If I add to my outline each week in the time I'd normally just do my reading, I'll be in good shape in there.

I haven't even mentioned work yet in this post. I only work 20 hours a week, but my commute adds another 4 hours to that, and I do always get there 10-15 minutes early. But, today I took the time to go through every single case in my file cabinet and make a status sheet because there is nothing that tracks that and just thinking about it made me nervous. I am responsible for 85 cases! Nice caseload, huh? I'm handling the monthly stuff ok, but am frustrated that there are so many investigation-status cases that I don't have time to really pursue like I would like. A second certified law student will help me when he starts, but that probably won't be for another 2 months. And of course, by the time he really has a clue and understands what is going on there, heck, I'll only have a couple months left!

It's just so frustrating! I have so many demands on my time, and never feel like I'm getting anywhere. Each week there are more assignments and new cases. I spend so much time just "doing" that there is no real time just for "being" or "connecting". So I end up feeling tired and lonely. And no real end in sight, unless you count August 1, 2008, the day after the bar exam finishes. That's too far away for me to count at this point.

Ok, that's enough. I need to go to bed before I get any more crabby!

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Sunday, October 21, 2007

If You Are Poor, Defame Away!

In commenting on a case where an indigent person walked around with signs claiming that her lawyer stole from her, the authors of my Remedies book note:

"Those who are completely judgment-proof may be undeterred, if they are sophisticated enough to understand their dubious advantage."

I guess the conclusion is that those people usually aren't smart enough to know what they can get away with, so we don't worry about it. Or perhaps the real reason is that someone with little or no means, especially in our society that places so much value on a person's financial worth, doesn't merit any listening-to, so what is the harm if a poor person makes defamatory comments?

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Saturday, October 20, 2007

Seriously, What the Heck Did I Do as a First Year?

I can't believe I was so overwhelmed as a first year. I had a measly 4 classes (one of which was just research and writing, not even a substantive law class) and I didn't even work! Since I had all afternoon classes, I would do my reading in the mornings, and after dinner, type in my class notes (since I wasn't using my laptop in class then). I did have to spend some weekend time working on my papers when I couldn't finish them during the weeks, but for the most part, I had weekends off. How nice!

I just spent the entire morning working on my outlines for Remedies and W&T, then I'm meeting with my study partner to review Remedies. Then I need to come home and read Community Property. Unfortunately, because of the time I needed to study for that midterm, I didn't do any reading for any classes this week, and now I'm only one week ahead, AFTER I read this week's CP assignment. I need to get all of this done today because tomorrow I need to do the research for my next Advanced Research and Writing class. It's kind of annoying because instead of just telling us what to do it seems like a wild goose chase with us trying to figure out WHAT exactly we need to do.

***rant on*** What a pain! So I need to research exactly what type of motion she hinted that we need to do before I do the real research and write the paper. Excuse me, but, um, do you know I only have so many hours a week and this extra research is a real pain and it is wasting my time. I could be writing a much better paper if I used all of my time to research and write the actual paper. ***rant off***

So it doesn't appear I will have any free time this weekend. Nice way to get refreshed and energized for the coming week. Then next weekend I have to really work to get everything done, including my paper, which isn't due until November 6, because I'm going out of town the weekend before it's due and not going to work then. Lest you think it was bad planning on my part, the paper was originally due the week before (when I made the reservation), but the professor extended the date by a week. I guess in the end I should think it is the same, but it isn't because everyone else will have that extra week to improve their papers and I won't. (I can only work on them during the weekends, as my time during the week is consumed with school, work, driving, and regular reading- which I can't fall any more behind in now.)

The good news is that we are 2 months into the semester and really only have about 6 more weeks left of classes. I'm already looking forward to the time off, and only have 4 classes next semester.....like a slacking first year.

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Thursday, October 18, 2007

I Love Being in Court!

Today was the monthly violation day in court, so I was there almost 3 hours. It is so crazy! I had a huge stack of violations, and then also over a dozen other cases. My boss had an early appointment, but did join me, though I handled just about everything myself. He said I don't need him there, so maybe I'll do it alone next month. There is so much going on, at such a quick pace. I think it is fun because I have to change gears and hop from one case to another and be ready for anything.

The judge did make a quip to someone who had been driving under the influence that perhaps this ticket would save his life, or the life of someone else--- so pay attention! Also, on a case of someone who get a ticket because he didn't completely put out a campfire, the defendant had argued that he had been a scout when younger and knew the importance of fire safety. But, he didn't pour water on the fire (as required), and insisted that there was no fuel there for the fire, so it wasn't a problem. I argued that we have seen other cases with no "fuel", but wind that picks up a spark and carries it to nearby fuel and cause tremendous damage. The judge said he had been a scout leader and chided the defendant for not pouring water on the fire before leaving it and said, "Smokey is right." Anyway, I like this judge and think he is both fair and wise.

After this, I went directly to school instead of going home first like normal. That gave me a bit more time for some last minute studying. The Community Property midterm was only 1 hour and 20 minutes long, but the day just wore me out. I had thought maybe I'd work on some reading or outlines tonight, but decided to do some mindless chores that needed doing intead. I'm so tired I could go to sleep now. Thank goodness no W&T tonight!

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Monday, October 15, 2007

The First Midterm of My Final Year in Law School

It's not quite that dramatic, just a little Community Property exam, worth a third of my grade for this semester long class- that's what's coming up Thursday afternoon. Thankfully I have teamed up with another classmate to study for this class (there are only about 15 students in this class and by this stage it seems like most study partners have been long established) and feel like through our sessions and my private studying I now understand it. The frustrating part is that I have so little time to spend actually trying to memorize things I need to know. I want to know what the heck I did when I was a first year, with only 4 classes, and no job! Damn, no wonder I had written briefs for every single case that year!

I'm turning in my dispositive motion for AR&W tomorrow night. Not as nice as I would like it, but it's just one of those things- I did enough on it to turn it in, but I had other things I had to do too. I guess that's the hardest part of third year for me so far--- I just have so many things I have to do and so little time, so I'm constantly juggling and weighing, and some things lose out. Just how it goes.

This weekend I really need to work on my other outlines (Remedies, Wills & Trusts, and Evidence). I haven't started those yet, mostly because I haven't had a pressing need combined with lack of time. I don't want to wait much longer though, so since I'm going to have a lot of time this weekend, I'm hoping to be productive.

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Saturday, October 13, 2007

I Don't Want to Post This

I woke up this morning to find this on the front page of our local paper. I can't even begin to tell you how shocked and sick it made me feel. The deputy DA this article is about is the one I did my internship with this past summer. I had seen a smaller article a couple of days earlier, just mentioning the identity theft and suspension, with no real details. I has assumed, that since his first and last names are extremely common, there must have been some mistake.

Now that the details are out and it is clear it is not a financial matter of identity theft, I'm really just in shock. I thought this DA was one of the good guys. I just can't comprehend why people do things, especially in those kind of positions, and think it won't be discovered. I just don't get it.

Maybe I take all of this too seriously. Personally, when I think about representing the government and enforcer of our laws, I feel like I have a duty to do my utmost to respect all the laws. I don't want to make a mockery of what I do. Am I too idealistic or just too naive? Whatever the case, I'm very disturbed by this news.

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Friday, October 12, 2007

Young Hoodlums Get Told

My favorite wisdom-spouting judge gave out another little tidbit during court yesterday. Three teens who had spray-painted graffiti all over some displays in a national park were sentenced and ordered to pay restitution to replace what they damaged that was beyond repair. Before he let them go, the judge admonished them, "Our national parks are beautiful. They do not need any additions from you." Ok, it wasn't as folky as some of his other bits, but I still love that he always seems to get something in!

We had about 12 cases we were appearing on yesterday, and quite the range of things, from initial appearances and status conferences, to change of pleas, sentencing and probation status checks. I was glad my boss was with me, as some unusual stuff came up. And for all the remarks I hear about government lawyers being unethical, I saw the defense lawyers trying to pull stuff yesterday several times! I can see why lawyers learn to distrust each other. As "nice" as some on the other side seem to be, I don't want to take anything they tell me at face value. They've already shown me I shouldn't.

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Tuesday, October 09, 2007

My Favorite Class

When I was talking to my daughter (who, for anyone who has been living in a cave, is going to school at MIT) the other day, I asked what her favorite class this semester was. Of course, then later, I asked myself the same thing. No immediate clear answer. Some clear choices for NOT being on the list (Wills and Trusts, Advanced Research & Writing- mostly because in meeting only 6 times doesn't really even seem like a class, and because I'm not enjoying the writing!). I really want to like Evidence. I do. But at this point, I can't say that I do. It isn't the professor- it's more that I'm never really sure what he is looking for, though at least if you don't know it isn't a big deal.

Through the process of elimination that leaves Remedies and Community Property. I've had both of those professors before, so maybe there is some comfort in what you know and are used to. But both subjects are really just "eh" to me. I guess that means I don't really have a favorite class right now.

If you change the question to who is my favorite professor, I'd have to pick both my Remedies and CP professors, though for entirely different reasons. My Remedies professor is probably the most entertaining, and does manage to teach the law in between all his stories. I can appreciate anyone who makes a 3 hour law class go by (fairly) quickly. And my CP professor, even though his teaching style isn't really in sync with the way I learn, is just a nice guy, and I have appreciated that he has shown an actual care and concern for my daughter. I guess I like being more than just a student PIN number sitting in a desk. I think he tries to get us to see beyond the law, to the people in situations too, and that isn't something you find much of in law school. So I appreciate him for the human element he brings.

Enough sappiness for today. Time to get ready for class.

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Sunday, October 07, 2007

STFU POS- WTF!

Do you know what any of the above means? Chances are, since you read things online, you do. Apparently no one at DMV does.

When you order a personalized plate from DMV, you have to explain the meaning of the plate you are requesting. Obviously DMV workers are much too naive for their own good, or they are living in a cave- well, maybe both. Within the last week or so I have seen 2 cars with questionable personalized plates. Considering that you are not supposed to have obscenities on your license plate, I was amazed to see a plate reading "STFU POS". Not quite as bad was the one with "WTF" as part of the plate I saw a few days later.

C'mon DMV, get with it! I mean, WTF???

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Mmmmm, Fair Food!

Yesterday we went to the Fair. Having grown up here, it's just something you have to do. They have really improved the fairgrounds a lot over the last decade, and continue to add new exhibits. Of course, it is the traditional things that we go back for, year after year.....cinnamon rolls, soft tacos, corn dogs. Hubby and son got adventurous and tried some of the fried food (twinkie and oreos), but those just didn't seem appealing to me.

The weather was perfect yesterday too! It seems like it is normally 90+ during the fair every year so it would delightful to have to about 70. Additionally, it didn't seem to be as crowded as it usually is. My only real complaint was that they didn't have enough officers doing the wanding of the crowds at the entrance. There were TWO officers when we arrived shortly after the 10:30am opening. It created quite a backup and I do not understand why they didn't have at least 5 working. And I also found it curious that some of the apparent security patrol on the inside of the fair looked like the type of hoodlums I would usually avoid getting anywhere near. Whatever. I get out of there long before dark and any shenanigans begin.

Since I had already spent most of the day at the fair, I decided to make it a totally school-free day and then watched the remainder of the Bulldog game once we got home, and later made enchiladas and margaritas. Pretty much a very pleasant day.

This afternoon I need to work on Community Property. We have a midterm in about a week and a half. I did spend a few hours going through and organizing all my notes on Friday, but I need to get more prepared for the actual exam.

Tomorrow, I have the day off since the feds get Columbus day off. Yeah! I'm planning on spending the entire day working on my paper for AR&W. Normally I would have had to do that this weekend, but the day off let me enjoy the fair yesterday instead.

Oh, and before I forget, I finally have a trip planned in my future! I was so disappointed not to be able to go anywhere this summer, and I'm so used to traveling. It's nothing big, but I'm happy. Our anniversary is in November, and because it falls on a Monday and in a week that I have a paper due, we're going a couple weeks earlier. We're going to one of my favorites, the Ritz Carlton over in Half Moon Bay. It has incredible views, a wonderful spa, and it has been way too long since I've been there. Always nice to have a trip to look forward to.

Speaking of trips, we still haven't figured out what we're doing next summer. We had thought about going back to Italy and seeing more there, but we're also considering going on a cruise in northern Europe (possibly seeing my relatives in Sweden), or going to Tahiti. How's that for options? At this point it all sounds good, and I'm not sure which I'd rather pick.

I'm hungry....time for breakfast!

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Wednesday, October 03, 2007

The Secret to Not Minding Wills & Trusts

I discovered it- it is drinking 2 margaritas first. Seriously. I read my assignments 2 weeks in advance, so because the W&T professor is a pain and doesn't assign cases, I need to review them all before class. Since I won't have time to do that before class tomorrow, I did it tonight after dinner out with hubby. Really, it wasn't so bad. Too bad I don't have time to grab a couple before class tomorrow.

Tomorrow I'm barely going to have time to think. I'm working 8-12, have Community Property 1:30-4:30pm, need to grab something fast to eat, have a meeting at 5pm, W&T 6:30-9:30pm. I'm already tired just thinking about it. Sigh. Can't I just go to bed now and sleep through tomorrow?

A couple of good things I can look forward to- first, a court appearance tomorrow. Nothing big, but I love any court time. Second, I'm going to the fair on Saturday. Having grown up in Fresno, it is in my blood and I can't wait to go! Finally, because my office gets federal holidays off, I don't work on Monday, which means I can use that time to work on my next paper and enjoy the fair on Saturday. Yeah!

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Tuesday, October 02, 2007

Finally, Another Law Clerk!

The misdemeanor unit of the US Attorney's office where I am the solo law clerk normally has 2 students working in that department. I have heard that they were in the process of trying to find another to help me, and I finally heard today that one of my classmates was offered this position.

By the time he gets through the background check process, it will probably be 6-10 weeks from now. At least I know help is on the way. Not that I feel inundated, but I certainly think more cases could be processed if there were 2 of us.

The best part is that not only do I know my soon-to-be co-worker, but I like him and already know that I work well with him. He's been my study partner for the last 3 years and was my Moot Court partner this past summer. I'm so excited that he will be working here with me. I think we will prove to be a very effective prosecuting team!

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