Thoughtful Thursday

• Today is International Women's Day - Did you know that Wyoming was the first state to allow women to vote in 1869? Although women have made great strides in the workplace and education, they are still oppressed in many countries. So celebrate being a woman today, celebrate women's empowerment, and celebrate life.
• Hot yoga - Yes I know I blogged about it last week, but let me tell you, its wonderful. Its perhaps the only 90 minutes where I am concentrated on nothing but me. Remember, everyone needs me time. Try to take at least 90 minutes a week to clear your head, take a deep breathe and marvel in all that is you.
• KONY - I noticed an influx of Kony videos on my facebook feed. So I did a little research. I know that the Invisible Children campaign has been alive since about 2005, as I remember the flyers and such on my college campus. However, have you seen how the organization actually spends it money? I am all for supporting charities and non-profits, but I want to know where my money goes. Look into Invisible Children and how much they actually put towards the cause.
• And my inspiring quote this Thursday:

Relax. Breathe in deep. Hold it. Let it out. Loosen your shoulders. Smile. Close your eyes. You'll be surprised at how many voices you'll hear, whispering sweet encouragement into your ear. ~ Mike Dooley

Have a lovely Thursday all. ~The Illegal Blonde

 

 

Chocolate Covered Katie

FYI - I am obsessed with her blog and recipes, you should check her out!

TV v. Reality

Often people ask me what I do all day, or someone asks me how to avoid jury duty, get out of a ticket, etc... They want to know what its like to be in the courtroom and make deals with prosecutors. I smile, with a sly little smirk and say wow, TV has taken over.

Yes, I'm a lawyer, no I'm not the kind you see on Law & Order, CSI, Drop Dead Diva, or Harry's Law. First of all, I do civil litigation, not criminal work. I do not deal with prosecutors, police, or medical examiners. Second, trials in civil land take a long time, and most do not end up in trial anyway. TV has blurred reality for so many. People get frustrated when the judicial system does not run as quickly as they see on TV. Cases are not disposed of in a week, they drag on for months, and often years.

For example, in complex litigation an "injury" may happen in 2007 and here we are in 2012 just now taking depositions. Or, someone may wait and file suit 2 years after the supposed injury, so that makes the case seem light years removed from the incident. People do not see what really goes on.

It takes time in civil cases to gather information (evidence) through "discovery."  Imagine mountains of papers, files, CDs of info, pictures, or imagine getting a response in which some lawyer uses really big words to  pretty much say we're not going to play nice will drag this out. ARGHHH. There are litigation holds, and banter about what is or is not "responsive" to a request. It can be like a giant game of hide and seek!

Thus the march to the courthouse ensues. Much of what civil attorneys do is writing motions in which they complain about things such as the oppsing counsel who refuses to play nice. So, if you walk into a courthouse, its probably not a trial you see, but a hearing. Its judge, no jury, and attorneys duking it out over paper. Crazy you think, well these hearings can make the difference in a case. Whether or not certain evidence will be allowed in or out can drastically impact the stage set at trial.

Then it takes time to schedule depositions, which may lead to more discovery to get more evidence.  Complex cases are governed by scheduling orders from the judge that lays out exactly when different stages of the suit are to begin and end. But just because there is a "schedule" does not mean that things do not make this schedule change. Lawyers need continuances for numerous reasons stemming from personal things to awaiting discovery from third parties who are not within the court's jurisdiction. Thus, the trial scheduled for next week, ends up being put off for 6 months.

Then you have the illustrious lawyer who puts things off just to draw it out. They rack up fees for seemingly minuscule tasks, and we wonder why lawyers have a bad name. Yes, TV has killed reality of the legal world. Now, I can only speak for civil cases, but even criminal cases take time. Remember this next time you get upset with your lawyer for things "taking too long." The legal process is not necessarily a fast moving sports car, but rather a steady moving locomotive.

Oh, and FYI & BTW, most lawyers will never be in the courtroom or be first-chair in a trial (let alone walk into Congress demanding a law be signed). The only reason I've stepped in the courtroom is to watch. A girl can dream though! ~The Illegal Blonde

Lost in Translation

The Office deposition

I have been reading lots of depos lately. For those of you who do not know what that is, its a deposition. Basically its testimony before a trial but its normally in a conference room and just the lawyers, a court reporter and sometimes a videographer are present. Either way, its considered testimony and its taken under oath and can be used later at trial. Depos are used in suits to help each side get better idea of the facts and circumstances of the case as well as develop a sense of what each witness will be like in the stand. In insurance cases, you can take what is called an examination under oath, which is basically just like a deposition, but its normally taken before a suit is filed and is used to help an insurance company figure out what happened when a claim is made.

But you would be amazed at what people say in these things, on both sides. The best part about reading depos and EUOs is that I get to make believe. I can give the people voices, personalities, and imagine what they look like. It's like reading a really juicy detective novel one day or a sci-fi book the next.

Think about if every conversation you had was recorded on paper and imagin what it would be like to read that back to yourself. You lose the tone, inflection, facial expressions. You cannot rely on body language or verbal cues. Sometimes the answer given does not match the question asked and vice versa. Other times you read the question asked and wonder how on earth anyone would answer it.

The best part is how things read out. The exchange on paper is nothing like how it played out in reality; things literally get lost in translation. So in lawyer land, depos are my tragedies, my comedies, and my love stories. For your viewing pleasure, here are a few examples of depositions. Happy reading. ~The Illegal Blonde

Sunday Funday

The weekend was glorious! And by glorious I mean sunny, 75 degrees, and a light breeze glorious! Saturday began with yog and cardio, and then off to Hobby Lobby and the plant nursery. I love Hobby Lobby,  btw.... I got some great home decor to spruce up the home. I got some vases a couple weeks ago at Pottery Barn, but did not want to spend the money for their flowers, sooooo 50% sale at HL! Then we headed to the plant nursery to look at some spring planting. I decided on begonias and geraniums for my flowers beds, and a mother-in-laws tongue for the giant pot in the dining room.

 

Sunday I did a quick 5.5 mile run on the sunshine and took the pup for a walk! Then we finally put together the grill I bought hubs in October for his bday. Yes I know only a couple months late... But the best part, SHORTS! Yes you heard me I put on shorts, sat in a beach chair and read in the driveway. I looked so chic I'm sure. reading depos are way more fun, in the sun, in a beach chair with lemonade! I even managed to get a little color on my face and legs, which was much needed. I was so place I was blue.

This week: depos, depos, depos! We literally have depos in our office everyday for like the next month! I'm hoping to maybe sit in on one or two, but if not at least I can people watch. Have a great week everyone! ~The Illegal Blonde

Trial Tales

Some of the partners in our firm have been in trial all week. Yesterday another associate and I ventured down to the courthouse hoping to see a little action. Well, not so much action to be seen, but funny and interesting observations nonetheless.

It was nice to get out of the office and see the product of so much hard work by the lawyers in our firm. Sometimes as an associate you work on different pieces of cases and where your work fits in sometimes gets lost. It easy to not see how what you do fits into the bigger picture. Although I didn't work on this case, it was awesome to see the partners in action. To see them in this light is proof that I work with some amazing people. The ease with which they questioned witnesses, the instant recall of testimony from days before, and even just the knowledge that pops into their heads inspires me. Knowing that I get to learn from these individuals is what keeps me going on those days when I'm not sure how I fit into the grand scheme of things. ~The Illegal Blonde

It's Getting Hot in Here

Or hot in the yoga class I took last night. Yes I jumped onto the Bikram or Hot Yoga bandwagon. I had heard friends rave about it, my sister was loving it, so when some of my sorority sisters found a groupon for a new studio, I took the plunge, literally. When I stepped out of class last night I was drenched. For those of you not on the yoga train, Hot Yoga is 80-90 minutes of yoga in a 105 degree room that is 85-90% humidity. Add in about 25 bodies and its steamy. You move through different series of poses and moves all while sweating it out next to people you may or may not know (I took one of our paralegals with me, haven't seen her yet this morning...).

Now, I've done some yoga in the past, dry of course, but this was different. I had to focus so much on my breathing so I wouldn't pass out that the time flew by. As I told a friend, I was relaxed and exhausted all at the same time. Needless to say, but it also made me ready for bed! ( I apologize to whomever I sleep texted last night).

So, I'm hooked. Another trip to Lululemon for some more gear (aka absopring sweat towels) and remembering to bring a hair thing and a change of clothes for afterward. I warn you, if you do not like hot tubs, saunsas, lots of sweaty people, or heat in general, do not try this. However, for someone who has been an avid runner and kickboxer and doubted this would be a good workout, I admit my fault. And if you are an overworked, stressed out lawyer, its a MUST! ~The Illegal Blonde