Wednesday, May 16, 2012

Learning's A Bitch and Other Lawyerly Lessons



Lawyerly Lesson 1: Learning's A Bitch

As a new lawyer one has aspirations and enthusiasm to implement the learning of the past three years and get down to business. The world is full of hope, butterflies and justice. After a year of practicing law, several of my colleagues and I have come to the conclusion that being a lawyer means always learning.  What is so bad about learning you may ask?

Here is an illustrative comparison:

"Learning" Before Practicing Law


"Learning" After Practicing Law



Before law school, I would have said with enthusiasm, "I want to be a life long learner. Learning is the spice of life!" After law school and being a lawyer, I say "F*ck That Sh*t.  Learning is overrated."

"Learning on the job" and "learning through experience" sounds innocuous enough.  However, it is the opposite of anything pleasant in the legal realm. For a new lawyer "learning on the job" is like going out on a date with a dominatrix. You never know what exactly is going to happen or when, but at some point during the night you will get your ass kicked and be forcefully dominated. 

Case In Point

Today in Court, opposing counsel and I appear before the Judge on a particular issue. I believe I have a strong argument that has been fully researched and thought-out. I felt confident I would prevail. 

That is when I get sucker-punched in the gut. I start to reply to the Judge's question, "pursuant to Statute X," and I am immediately cut off with "Don't tell me about Statute X! I know all about Statute X. How long have you been practicing law? I have over 25 years experience, blah, blah, blah...."

Then he launches into a ten minute angry inquisition, which includes him grilling me on the purpose of various statutes that are inapplicable to my argument. He sprinkles the inquisition with beratings based on my youth, inexperience and perceived lack of knowledge to drive home his point that I am wrong.  He told me that someone had to teach me.

Lawyerly Lesson 

Long story short: Eventually, the judge sided with me and I got a win for my client.  What did I learn from this experience? Just because someone is experienced does not mean their opinions or interpretation of the law is correct. I have equally as much power to educate someone who has 25 years of experience. Research, preparation and confidence make up for lack of experience or any perception thereof.

Be on the look out for upcoming Lawyerly Lessons. 

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