Okay, I am totally going on a law geek rant. For those of you not interested, well you know.
Civil Procedure folks. Remember it? It generally is split into two courses cleverly named Civ Pro I and *gasp* Civ Pro II. There are even these handy dandy things called the Rules of Civil Procedure. This is not that hard. If you are a practicing attorney, you passed the effin bar exam. Civ Pro was on it, I guarantee.
Now the reason I am ranting about this you ask? Because some dumbass law firm apparently doesn't know its ass from a hole in the ground. They can't figure out the correct procedure for service of process. Now, I have to screw about with a 12(b) motion, they will ask the judge to grant them leave to correct service, the judge will grant it, theoretically they will do it right a second time and everyone's time will be wasted.
Note: If you are suing a person in their individual capacity rather than as an agent of a corporation, you must serve the person. Dropping a summons off at an office where that person does not work and has never worked....not service.
My rant for today....please do your jobs right the first time. I am too busy for this shit.
Showing posts with label legal stuff. Show all posts
Showing posts with label legal stuff. Show all posts
Wednesday, June 24, 2009
Wednesday, June 17, 2009
The Bar Exam will not kill you
The following is in no way meant to condone alcoholism.
Recently someone asked me about how I prepared for the bar and the following is how I responded. I will flesh out the response below.
My strategy for studying: a) look at BarBri schedule...turn the paper over b/c surely I am looking at that upside down..that can't be right?!....b) realize how ridiculously heavy those books are and dump them in my trunk...c) Attend BarBri lectures and fill in outlines (hey I paid for it after all)....d) leave lecture and travel directly to the study room..aka Oscar's Pub, drink heavily in an attempt to kill any brain cells that weren't smart enough to retain the lecture. e) Go home and sleep till noon....f) Watch an hour of mindless tv....g)shower eat etc....h) read outline for next lecture....i) Go to BarBri lecture.
Now that seemed to work for me. Keep in mind however the week before the bar, I lugged the books out of my trunk and spent a week on my study buddy's couch while his girlfriend fed us food and booze and we studied everything that we should have been doing all summer. But I passed (and so did he) on the first try.
Now, to add some more advice: Stop freaking out! Just stop. That asshole who keeps telling you he has been following the study schedule step by step and completing all the practice question--anal retentive asshole. That's all I'm saying. It does not, I repeat DOES NOT mean he is going to pass. He just doesn't have a life.
Find an outlet, a movie, golf, bottle of vodka, whatever. Don't make yourself feel guilty for doing it.
Shower.
Eat.
Ummm did I mention shower? (personal hygiene should not be put on hold while studying).
Make sure you read the instructions about what you can and can't wear/bring to the bar exam. (No hoodies for example when I took it. No Rolaids or tums either)
Do NOT stay up the night before cramming...or if that is your style do but remember that this is a marathon and not a sprint.
Remember that the armed men at the door checking your ID and ticket will not shoot you if you fail. (Do other jurisdictions do this? When I took it the state branch of the FBI manned all the entrances complete with shoulder holsters?) My friend's reaction upon seeing this: Ohmygod, I really am gonna die if I don't pass. They have people waiting to shoot me at the door.
Don't stress about neglecting people or things right now. They have plenty of time to remind you and make you feel guilty afterwards.
After the bar exam, you and a few of your friends (but not the friends who want to rehash every single question, better yet, a bunch of strangers from the corner who will sit in silence) go to a bar and proceed to get smashed. If anyone mentions the Bar Exam dump your drink on them or throw things at them. It acts as a deterrent to the next person and provides greatly needed comic relief.
Oh yeah, if you failed to take my advice about showering while studying, remember SHOWER before the exam. Everyone else around will appreciate it.
In closing, calm down and have a drink!
Recently someone asked me about how I prepared for the bar and the following is how I responded. I will flesh out the response below.
My strategy for studying: a) look at BarBri schedule...turn the paper over b/c surely I am looking at that upside down..that can't be right?!....b) realize how ridiculously heavy those books are and dump them in my trunk...c) Attend BarBri lectures and fill in outlines (hey I paid for it after all)....d) leave lecture and travel directly to the study room..aka Oscar's Pub, drink heavily in an attempt to kill any brain cells that weren't smart enough to retain the lecture. e) Go home and sleep till noon....f) Watch an hour of mindless tv....g)shower eat etc....h) read outline for next lecture....i) Go to BarBri lecture.
Now that seemed to work for me. Keep in mind however the week before the bar, I lugged the books out of my trunk and spent a week on my study buddy's couch while his girlfriend fed us food and booze and we studied everything that we should have been doing all summer. But I passed (and so did he) on the first try.
Now, to add some more advice: Stop freaking out! Just stop. That asshole who keeps telling you he has been following the study schedule step by step and completing all the practice question--anal retentive asshole. That's all I'm saying. It does not, I repeat DOES NOT mean he is going to pass. He just doesn't have a life.
Find an outlet, a movie, golf, bottle of vodka, whatever. Don't make yourself feel guilty for doing it.
Shower.
Eat.
Ummm did I mention shower? (personal hygiene should not be put on hold while studying).
Make sure you read the instructions about what you can and can't wear/bring to the bar exam. (No hoodies for example when I took it. No Rolaids or tums either)
Do NOT stay up the night before cramming...or if that is your style do but remember that this is a marathon and not a sprint.
Remember that the armed men at the door checking your ID and ticket will not shoot you if you fail. (Do other jurisdictions do this? When I took it the state branch of the FBI manned all the entrances complete with shoulder holsters?) My friend's reaction upon seeing this: Ohmygod, I really am gonna die if I don't pass. They have people waiting to shoot me at the door.
Don't stress about neglecting people or things right now. They have plenty of time to remind you and make you feel guilty afterwards.
After the bar exam, you and a few of your friends (but not the friends who want to rehash every single question, better yet, a bunch of strangers from the corner who will sit in silence) go to a bar and proceed to get smashed. If anyone mentions the Bar Exam dump your drink on them or throw things at them. It acts as a deterrent to the next person and provides greatly needed comic relief.
Oh yeah, if you failed to take my advice about showering while studying, remember SHOWER before the exam. Everyone else around will appreciate it.
In closing, calm down and have a drink!
Labels:
Bar Exam tips,
drinking,
freaking out,
legal stuff
Friday, February 13, 2009
One Pissed Off Judge
For those of you who like to read this for my humor, this really isn't funny.
Well I don't know if that's true; I find it funny, but in a lawyerly, geeky way. It's kinda like laughing at the kid who is being called up to the front of the class for doing something naughty. Not that I would ever do such an insensitive, mean-spirited thing :) I would never take pleasure in another person's humiliation or pain...hmmm, right.
A judge in the W. D. La is pissed off at a couple local attorneys. In a recent memorandum opinion, the judge has ordered the two named partners to show cause why he should not impose R. 11 sanctions. (In my humble opinion, he SHOULD). For non-attorneys, Rule 11 sanctions = BAD. And making every lawyer in the firm appear and show cause is extraordinary! (and very laugh-behind-your-hand funny)
For those of you that read this and had the pleasure, OBVIOUSLY these guys didn't have Concannon for Civ. Pro.
Oh and on a tangently-related topic, (is that a word) guess what?!? You know how we said we would never need to know the Rule against Perpetuities? We were WRONG!!! Well maybe you guys don't need to know it, but I apparently do. I was reading a contract where that came up this week. WTF?!? Who still writes contracts like that? I had to go look up the damn rule and then try to figure out the life-in-being? I felt like I was back in law school nerdsville for a bit.
Okay, sorry to everyone that this didn't mean anything to. Every once in a while I am a complete geek.
Well I don't know if that's true; I find it funny, but in a lawyerly, geeky way. It's kinda like laughing at the kid who is being called up to the front of the class for doing something naughty. Not that I would ever do such an insensitive, mean-spirited thing :) I would never take pleasure in another person's humiliation or pain...hmmm, right.
A judge in the W. D. La is pissed off at a couple local attorneys. In a recent memorandum opinion, the judge has ordered the two named partners to show cause why he should not impose R. 11 sanctions. (In my humble opinion, he SHOULD). For non-attorneys, Rule 11 sanctions = BAD. And making every lawyer in the firm appear and show cause is extraordinary! (and very laugh-behind-your-hand funny)
For those of you that read this and had the pleasure, OBVIOUSLY these guys didn't have Concannon for Civ. Pro.
Oh and on a tangently-related topic, (is that a word) guess what?!? You know how we said we would never need to know the Rule against Perpetuities? We were WRONG!!! Well maybe you guys don't need to know it, but I apparently do. I was reading a contract where that came up this week. WTF?!? Who still writes contracts like that? I had to go look up the damn rule and then try to figure out the life-in-being? I felt like I was back in law school nerdsville for a bit.
Okay, sorry to everyone that this didn't mean anything to. Every once in a while I am a complete geek.
Labels:
law school,
legal stuff,
nerdiness,
Rule against Perpetuities
Subscribe to:
Posts (Atom)
