Political Careers and Law School

Over this Christmas break, I had the chance to watch the debate in the U.S. Senate over health care reform. Many if not most of the senators are also lawyers.

Of the numerous careers for which law school prepares you, the path to political office is one of the most brightly lit by a legal education.

As a student here at Florida State Law, I am struck by just how easy it would be to step into the political arena. I grew up in rural North Carolina surrounded by tobacco fields and small evangelical churches. Though Tallahassee is also a small Southern city, the people I meet at the law school are decidedly different than those with whom I grew up. Of course I will not mention names, but it is fascinating to attend law school with the children of U.S. congressmen and large company CEOs. Their outlook on life and the way they talk about the world is enlightening and useful. I learn a lot from them.

Hopefully, I do not sound like I am putting down people from rural North Carolina or rural America. I went to high school there with students that were much, much smarter than me. One of my best friends from high school attended the Massachusetts Institute of Technology after missing just one question on the math section of the SAT. Another went to the University of North Carolina as a Morehead scholar, and another to the U.S. Naval Academy. It is just that here at Florida State Law, there are about 700 students. I've never been around this many ambitious and intelligent people- many who already have a leg up in society- with an eye toward making their mark in government and business.

These are people who will run the government and businesses in Florida and perhaps the United States in the years to come. Attending school with them while at the same time learning how the law works in this country is a bit like Dorothy peaking behind the curtain to see how the Wizard actually runs Oz. It is an enormous advantage and opportunity for one wishing to start a career in politics.

You can almost stumble into it. Personally, I was asked last summer if I would be interested in working with a candidate for one of the highest offices in the state. I never would have met the candidate if I had decided not to attend law school and Florida State Law. There are all sorts of opportunities for active roles in campaigns and causes at the law school.

So, law school is a great platform for those wishing to enter politics. . . Actually succeeding at politics is a completely different game, though, and one for which I really do not have much advice and absolutely no experience. I respect politicians, no matter what their affiliation. To put yourself out there for public scrutiny takes great courage. You have to be very smart and calculating in what you say and do. It is an easy thing to be friendly to people, but winning at politics takes far more skills than just being friendly.

For those desiring to enter politics in Florida, I would definitely recommend Florida State Law, but perhaps you should do something else right after graduation from college. Get some "real world" experience, one way or the other. Learn from firsthand observation what everyday people have to do to survive in our society. If you go straight from high school to college to law school to political office or a political staff, then that is a pretty insulated path. There is a lot about the human condition you will miss on that narrow of a path.

But the more you understand about all types of people, not just those who send their lobbyists to you as an elected official, the better leader you will be.

Universal Health Care Now,

Nathan Marshburn

A New Hope

This blog is supposed to be about law school.

Today, however, I want to acknowledge the amazing effort of the U.S. Senate to accomplish health care reform.

A bill passed today which, if it becomes law, will represent quite possibly the most important change in domestic policy since I was born. I hope that I am not exaggerating.

Thank you to President Obama, Senator Bill Nelson of Florida, to Majority Leader Harry Reid of Nevada, Senator Max Baucus of Montana, Senator Tom Harkin of Iowa, the late Senator Ted Kennedy, and the others of the 60 senators who voted "Yes" today to make this happen.

The bill is not perfect, and the process to get there was messy at times. But the hope and better lives it will bring to Americans far outweighs the flaws.

I was surprised that at least some Republicans did not join in this effort in the Senate. Their objection that it will add debt to the current deficit seems odd to me when the current health care system is literally bankrupting American families every day. People die in this country because they can not afford health care. If that does not motivate you to act-- well then, I'm not sure what to say. Exactly whose interests are you representing?

Health care is an inalienable right. It is not a privilege for the wealthy. This is a moral issue, and it's not even a close one.

But today is a new day. Frankly, I am amazed that we have gotten this far. In my entire life, I have never seen our government working for the people like it is doing right now.

So, to our leaders: Keep pushing! We are almost there!

Hurray for the Senate!

Nathan Marshburn

Racing the Monster

Though exams during my first year of law school were more stressful than they are this semester, the past couple of weeks have still been hectic enough to make me appreciate the runs I go on around Alumni Village, the university-owned complex where I live.

During the evenings, the Tallahassee Star Metro buses come inside the complex to drop off residents. The buses on the 9:20 pm run and the last run, the 10 pm one, are usually pretty empty. The bus drivers speed around the two-mile loop faster than they should, eager to get back to the station and end their shift.

If I am out doing my jogs at this time of night, I can hear the bus coming. Its engine roars at varying decibels as it negotiates curves and speed bumps. The hiss of its brakes I can hear from almost anywhere in the Village on a calm and still night.

When I hear the bus coming, I pick up the pace of my run. If I am close enough to the finish and the bus is visible behind me, I go into an all-out sprint. The driver probably thinks that I am strange, to see some guy running full throttle down the street in front of him.

But I don't like to be passed by the bus, and for two reasons. The first is that I have a bus to blame, I believe, for getting sick one of the worst times I have ever been sick in my life.

When I lived in Las Vegas, I would go for runs up Paradise Road, which is parallel to "The Strip" or Las Vegas Boulevard. I ran past the Hilton Hotel and Casino, with its huge electronic advertisement for Barry Manilow, past the Sands Convention Center, until I came to the near convergence of The Strip and Paradise Road at the Sahara Casino. If I jogged south on Paradise Road rather than north, I'd take a right on Flamingo Road, and run to the Bellagio and back.

On one such run in Vegas, a huge bus passed me and blasted an incredible amount of exhaust into my face. I felt particles go into my nose and down my throat. When I got back from my run, I could already feel my throat beginning to tighten and hurt. I caught a fever, lost my voice, and it put me out of action for a few days.

That was quite a scary time, to be sick like that. I had no family in Vegas- no family west of Knoxville, Tennessee for that matter- and no one cared about me out there. Except for my landlord and the coworkers at the car dealership where I worked, no one even knew I existed in that city.

So now, when these Star Tallahassee Metro buses pass me, I can smell that same exhaust, and I try to avoid breathing it.

The second reason is less serious. I make it a game to not let the bus pass me, to make me run faster. When I was a kid, I saw a movie called Duel. It was a made for television movie from the 1970s, but it was Steven Spielberg's first major work as a director (even before he did Jaws). It was a well-made film, better than most of the stuff that is in theaters now (You can see the trailer for the movie at http://www.youtube.com/watch?v=5MtAMc4i8OA, or watch the whole thing at http://video.google.com/videoplay?docid=5370479393460637420#).

The film is about a salesman, driving alone across the desert in his small car, when for some reason he is targeted by a homicidal truck driver. The brilliance of the movie is that Spielberg makes the truck itself the character, not the driver. In fact, neither the audience nor the salesman ever sees the driver or learns his identity.

So, when I see the headlights of the bus flying around a curve in Alumni Village, when I hear the angry roar of its engine and the hiss of its brakes, I imagine that I am in a duel with it. Can I make it to the finish line and get off the road before it passes me and blasts exhaust into my face?

It's a neat little distraction from the stress of exams.

Universal Health Care Now,

Nathan Marshburn

Advice from a Professor

On the last day of class, one of my professors took the final ten minutes of his class to give us some advice. He is a successful lawyer, a senior partner at a firm with a good reputation in Florida, and he is often in the courtroom. He only teaches at the law school as an adjunct. The professor called this talk, "Things I Wish Someone had Told Me When I was in Law School." This little lecture was among the most valuable I have received in law school. In no particular order, here are some of his tips:

- Do not let winning and losing in the courtroom define who you are.

-You have to be willing to lose. He has personally lost many cases, and it is just part of being a good litigator. Do not believe any lawyer who tells you they have never lost a case. If it is true, then they haven't tried many cases.

- Become active in your local bar association. Get to know the lawyers you litigate against and the judges you appear before. Try not to spend all of your time behind your desk, doing research at the office. Judges and opposing lawyers will be more willing to work with you if they know who you are.

-Save your notes from your law school classes. You may be surprised at how useful these are once you begin practicing.

- Take advantage of Continuing Legal Education (CLE) materials and seminars. The end of law school is not the end of your legal education. Listen to the CLE CDs in your car. He still does this himself, after being in practice many years.

- Casual Fridays. . . Do not do them. You may think you can dress casually on Friday because you don't have anything on your schedule. But you do not control your schedule. An urgent situation will come up where a client needs to see you that day, and then you will have to go home and change. Invest in a professional wardrobe. Look the part of a lawyer, and it will make a difference to your clients and fellow lawyers.

- In dealing with lawyers on the other side during litigation, be courteous and professional. But do not be a wimp. The goal is to win your case while making everyone like you. Sometimes this is not possible, but that should be your goal. Playing hardball 100% of the time is not as productive as being courteous.

- Treat the partners of the law firm just like you would treat a client.

- Always remember that the loyalty of partners is to the other partners in the law firm. Their goal is to make money. What you say to one partner will make it to all of them. Never think that you are "off the clock" with a partner, even if you are on a plane ride or at a social with them.

Universal Health Care Now,

Nathan Marshburn

Powder Puff Football

Well, for the first time in my life I was a cheerleader at a football game. Luckily, the resources were not in place to dress me in drag with a wig and a skirt. Instead, my uniform consisted of Adidas running pants, a Florida State t-shirt, a Florida State baseball cap turned around backwards on my head, and a stripe of garnet and gold face paint on each cheek.

On Wednesday of this past week, the women of the law school paired off against each other in a powder puff flag football game on the green just outside the law school rotunda. The teams were the Florida State Seminoles versus the University of Florida Gators. Most of the girls playing the game went to those respective schools for their undergraduate years (there are actually far more students from the University of Florida enrolled at the law school than from any other institution). However, it was a "pledge your allegiance" game, so others, like me, also participated. The coach for the Gators played football for Stanford, and the star quarterback for the 'Noles went to a small Baptist school in Arkansas.

I was surprised at how smoothly everything went. The Seminoles won the game, 25-0. A few girls complained about jammed fingers, but only one received a more serious injury with a busted nose.

What was most impressive was the spirit people showed. Each team had matching uniforms. At the beginning of the game, a student dressed as a Seminole rode out on a stick horse and threw a toy spear into the ground while the Florida State fight song played on speakers. A former president of the university came out and watched the game, sitting in a chair on a porch in a suit and bow-tie. Another professor wore a Florida Gators hat but a t-shirt that read "Charlie Ward for Heisman Trophy."

At the two minute warning before the end of the game, the coaches for Florida State lit up cigars, and when the final whistle sounded, the winning girls got sprayed with the usual championship celebratory beverage.

"The LitiGators," an organization in the law school for students who went to the University of Florida, organized the event with some help from the Student Bar Association. Afterwards, they served food and drinks.

During the game, the cheerleading coach tried to talk me into doing some basket tosses with the others, but I told her that I was not signing a waiver and my feet were not leaving the ground. I can see the headlines now: "Law Student Breaks Neck at Powder Puff Football Game." But I think I did a good job of cheering, anyway. I knew almost all of the players by name, and shouted my encouragement.

After it was over, I sat down with some of my friends on the steps of the law school rotunda. The sun was going down, and I saw a flock of birds off in the distance land on top of the executive building where the Governor of Florida works. The weather felt warm, and I made note that I was wearing a short sleeve t-shirt on November 19th.

"This weather is fantastic, " I said. "Imagine, what if we were in law school in Minnesota right now."

One of my friends replied, "Yes, I know. I am going to live my whole life in Florida."

We sat there for a few minutes more, enjoying being outside and watching the sun reflect off of the glass on the tall buildings of downtown Tallahassee.

It was a fun time with a good crowd, and hopefully the event will continue in future years.

Universal Health Care Now,

Nathan Marshburn

The Moot Court Final Four Competition

On Thursday of this week, I had the privilege of attending the "Moot Court Final Four Competition" at the Florida Supreme Court.

The event featured four of my classmates, Tiffany Roddenberry, Thomas Philpot, Brian Bohm and Lauren Davis as they argued a fictitious case on appeal before the Justices of the Florida Supreme Court (I realize that I have just created a Google "hit" on the web for these four students, and I hope they won't mind if they ever read this. If they do, they can Facebook message me and I will take it down).

For those who do not know, Moot Court is a prestigious extra-curricular activity in law schools. After graduation, it is called appellate law. Most people on the street are familiar with trial law- those cases that take place in front of a jury. Moot Court, however, involves the potential next step after the trial has come to a close and the jury has rendered a verdict. Moot Court is the appeal.

For example, what if you lost your case, but you think the judge made an error during the trial? Perhaps he/she kept out evidence that was essential to your case. Perhaps he interpreted the law incorrectly. The recourse is for you to appeal to the next highest court. Appellate law is a small niche in the overall scheme of what lawyers do (often the lawyers handling a case on appeal are not the same ones who argued it during the trial), but it takes highly intelligent people capable of writing well, speaking well, and thinking on their feet. In a regular trial, the lawyer argues before a jury and has to deal with "objections" from the other lawyer. But in appellate law and Moot Court, there is no jury. The lawyer submits a writing or "brief" beforehand to the appeals court, then stands at a podium before the panel of judges or justices and argues the issues in the brief, while at irregular intervals being interrupted by the justices with tough questions. Arguments before the U.S. Supreme Court are done by the country's best appellate lawyers.

The four students who argued before the Florida Supreme Court on Thursday were the top four finishers from last year's Moot Court tryouts at Florida State Law (I tried out for the Moot Court Team myself last year, but only advanced past the first round). As a "reward" for being the top four, they were given the chance to work hard all this semester getting ready for a competition amongst themselves-- to argue before the Florida Supreme Court.

The Supreme Court building is about a five minute walk from the law school in downtown Tallahassee. I went to the chamber of the Florida Supreme Court a couple of times this summer while working with the Summer for Undergraduates Program. When I walked into the large ornate room, full of oil canvas paintings, plush carpet, and a high ceiling on Thursday, I tried to put myself in the shoes of these students. My blood pressure immediately went up and I felt a catch in my throat.

Though I certainly would not have turned down the opportunity to do this competition myself if I had been asked, I cannot say that I envied these students. The courtroom was full with interested onlookers. When the Justices were ready to enter, a man called out in a loud voice, "All rise! Hear Ye! Hear Ye! Hear Ye! The Supreme Court of Florida is now in session! All those having business before this Court draw near, give attention and ye shall be heard! God save the United States, the great state of Florida, and this Honorable Court!"

Intense.

The students were spectacular, and the Justices did not go easy on them. The fictitious case involved an arrest of a man at a routine traffic stop, a possible illegal search of his person, and then perhaps a Sixth Amendment violation of the Constitution when his admission to a cell mate was used to impeach him at trial.

The whole thing lasted about an hour. Lauren Davis won as best advocate. She certainly deserved the award, though I personally think the decision was very close.

I appreciate the hard work and the performances of my fellow students. Emily Whelchel and Jennifer Gutai, two of last year's Final Four participants, obviously did a great job of coaching these four. Mr. M. Stephen Turner, a partner at Broad and Cassel, sponsored the event, and he gave a nice speech at the reception afterwards about what an appellate lawyer goes through and what it takes to be a good appellate lawyer.

This is a great event, and the Moot Court Team at Florida State Law is a great organization. I encourage all of this year's 1Ls to put themselves through the fire of the tryouts and see if appellate law is an area where they can excel.

Universal Health Care Now,

Nathan Marshburn

Turnover

Things were much harder and more intense for me during my first year of law school than right now, in my second year. I trust that I am still studying right, and hopefully my exam grades from this semester will not be an unhappy surprise.

One of the hardest things for me as a 2L is meeting the new 1L students.

Law school, generally speaking, is probably a little colder for a student than undergraduate school. The students in all three classes seemed to have divided into their own cliques, and you really have to put in some effort if you want to break the ice and meet new people.

What also struck me from the beginning of my 2L year is the the disappearing act of the class that graduated in May 2009. They are simply gone. I don't see any of my friends who graduated out at the law school socials anymore. They are spread to all parts of Florida or the country, and have now begun the work of repaying their student loans.

I do not know anyone from Florida State Law who graduated in say, 2006 or 2007 before I arrived. Right now, I am a constant presence in the law school library. But when I (hopefully) graduate in May 2011, I know that I will quickly be forgotten and the library will become the province of new, different students.

It's a little sad, this abrupt turnover in the law school. I'm sure there are many students who appreciate it, though. I know several 3Ls who are ready to graduate, start working, start families, and couldn't care less about meeting new 1L students. I felt that way during my senior year of college. But now that I've had some experience in the "real world," I appreciate school.

I try to keep most of my blog entries positive, and I also try to give advice now and again. I was invited to a 1L's birthday party this weekend, and met some new students there. So, here are some of my own observations about meeting people.

If you want to meet new people in law school, I'll throw out three rules that I use. Rule number one: Be assertive. Don't be afraid to be the first to speak. Don't just look at the person you want to meet and smile. Rule number two: Once you've made the first assertive move, then back off. Let them respond to you. If they do not seem receptive to talking to you, then let it go. Rule number three: Keep speaking to people. If you don't keep acknowledging the new people you've met, your efforts will dissolve and it will become like they never knew you.

Okay, I know this is just common sense and it is nothing that will sell any "self-help" books. But I find that constantly trying to meet new people, to stay interested in what is new, is a healthy habit to have.

***

Hurray for The House! They have passed the landmark "Affordable Health Care for America Act." Now it is on for a tough fight in the Senate. Write your senators (both of them), tell them your health care stories, and how important it is that they pass this bill.

No one should die because they cannot afford health care, and no one should go broke because they get sick.

Universal Health Care Now,

Nathan Marshburn

A Clue That Your Life is Pretty Good

I was grocery shopping in Wal-Mart a few days ago and walked past a bin of movies that were only $4. I saw the movie The Firm in the bin. I hadn't seen that film since it came out in 1993, when I had no thought of going to law school. I remembered Gene Hackman and Wilford Brimley being pretty good in it. I picked up the DVD case and saw that the movie was directed by Sydney Pollack, one of my favorite actors and film critics, though not necessarily one of my favorite directors. These facts, combined with my desire to watch the film again from the perspective of 16 years later and now that I am in law school, proved too tempting to resist. So I forked over the four dollars.

Gene Hackman, Wilford Brimley, Gary Busey and Jeanne Tripplehorn's performances stood out to me as better than I remembered, though overall the movie was not as good as I thought it was the first time I saw it.

Tom Cruise's character, "Mitch," is graduating in the top 5 in his class from Harvard Law School. His "On Campus Interview" experience is somewhat different than the one students experienced this fall at Florida State and in this economy. The big firms are all begging for him to come join them. He's wined and dined by a firm in Memphis, and the audience hears why Mitch became a lawyer, in contrast to why Gene Hackman's character became one. Hollywood tries to glitz up the life that a lawyer leads (before everything turns sour in the story).

After watching the movie though, I thought, "You know, even before everything went bad, there is not a single character in this movie whose life I would want." On the whole, my life is better than what they portray in this movie. The students, professors and lawyers I've met at Florida State Law in real life are more interesting characters than the lawyers in this movie. The dialogue I hear in law school is wittier and more intelligent than in the movie. And frankly, the women at law school socials are more beautiful than the women at the parties in this movie.

Maybe it's because I'm at Florida State Law. Maybe it's because a lot of life is what you make of it. Anyway, I'd rather wake up in the morning as Nathan Marshburn than as Tom Cruise's "Mitch."

When your life is better than the movies, that's a clue that things are going pretty well for you. I'm trying to appreciate this. Hopefully, it will last.

Universal Health Care Now,

Nathan Marshburn

The Recession and Law School

The On Campus Interview (OCI) program for the fall semester is almost complete. Large firms from across the country have come and gone from Florida State to interview the best and the brightest students from our 2nd year class.

As I have explained in previous entries, OCI is for those going after the higher pressure, more financially rewarding jobs in the legal field. Law school is three years long, but most of these firms do their hiring during a student's second year of school. The idea is to bring the student on as a summer associate during the break in between the second and third year of law school. If everything works out during the summer, then the firm makes an offer for regular employment upon the student's graduation.

As a student participating in the OCI process, you submit your resume, transcript, references, and a writing sample electronically to the firm. From the submissions, the firm selects a number of students to be interviewed in person when the firm visits the campus. If the student makes the cut after the on campus interview , he or she then receives a "call back." The firm flies the student to its corporate office to undergo a full day of questions and answers from various attorneys with the firm. After that, the firm may or may not make an offer to the student to be hired as a summer associate.

From my electronic submissions, I was invited to just one on campus interview with a large firm, and that one interview is as far as I got in the process. Perhaps I should feel worried or anxious about this, but I am not. I am gaining confidence and skills as my legal education continues, and I am not afraid to go door to door after graduation until I find a job. It was my best effort during the first year of law school. I held nothing back.

The students for whom I do have some sympathy are the ones at the top of the class. These are the "superhumans" I wrote about in a previous entry. They did their best too, and the economy has made the OCI process almost ridiculously competitive for them this year. Fewer firms came to the school for one thing, and those that did were not handing out many slots. There are about 240 people in my class. Only a handful of these students were consistently invited to OCI interviews this fall. Of these handful, I know of only 2 who have received offers to be a summer associate. I know of multiple students who went to over 15 OCI interviews, then received two or three call backs, but no offers. The process is very time consuming and stressful for them, and it comes when they are as busy as they will ever be with their classes and in organizations such as Law Review, Moot Court and Mock Trial. To see what they are going through and to look at my own chances in competing for 2 out of 240 -- well, I know now that I had pretty much no shot landing a job with OCI this fall. As one friend of mine who did quite a few interviews with OCI said, "Optimism- that's so 2007."

This is not the law school's fault by any means. The Career Placement Office does a great job in reaching out to employers and getting them to come to campus to network with the students. I landed my own terrific legal job this past summer through the Mach Speed Interviews, which the school hosted in February. Money is tight everywhere right now, and the school is doing the best it can with employers who have scaled way back.

This is a great law school. We'll all find jobs eventually, though they may not be as high paying as some of us would have hoped.

Universal Health Care Now,

Nathan Marshburn

Hope, Motivation and a Word About Patrick Swayze

As I've said in past entries, the decision to attend law school is turning out to be the best choice of my professional life. I think I am setting myself up for a happier life than if I did not make that choice.

Though some people would disagree, to me law school itself is much easier than any job I've ever held. Learning new things in class from highly intelligent professors and being around young, energetic and smart fellow students will never become mundane for me.

Still, the longer I stay in school and the more the memories of bad jobs I've held fades, it sometimes is difficult to motivate myself to get up and study.

Over the years I've taught myself little tricks to get going when my mood is telling me otherwise. Many of these tricks I've learned by listening to successful people talk about how they go through life.

One such inspiration came recently. Patrick Swayze was a starring actor in probably my favorite romantic movie, Ghost. I once dated a girl whose favorite movie was Dirty Dancing. She could quote the movie verbatim, including Swayze's famous line, "Nobody puts Baby in a corner." Swayze died in September of this year from pancreatic cancer.

I remember when the media announced that he had contracted the disease. Pancreatic cancer is one of the most difficult cancers to treat, and people usually die within months of diagnosis. It is the same disease that took Professor Randy Pausch, whose inspirational "Last Lecture" is definitely worth viewing at http://www.youtube.com/watch?v=ji5_MqicxSo.

Patrick Swayze also gave a fascinating last interview of sorts with Barbara Walters. You can watch this on YouTube as well. The entire interview is useful, but one phrase in particular struck me. Swayze expressed frustration that the tabloids were predicting when his death would occur, saying things like he only had five weeks to live. "You know," he said, "hope is a very very fragile thing in anyone's life." It was tough on both him and his family to constantly hear when he was going to die.

As I get older, I appreciate ever more just how fragile hope is in this world. At one time in my life, I was game to argue about religion and all sorts of other beliefs with anyone, anywhere. Now, though, I see that if a belief gives people hope, and it does not cause harm to others, then I shouldn't try to tear it down. Life is difficult enough for us all without me trying to stir up angst and debate over things that really might not matter so much in the end.

Even more, now that I am in law school, I see an opportunity to actually manufacture hope for people. Lawyers are powerful figures in our society. As I learned from my experience this summer with Parks & Crump, bad things had happened to our clients, and we were often the only bright ray of hope they had in their lives.

So, I try to think of my future clients when I'm lacking in motivation to study. I need to be as good a lawyer as possible. I need to learn the subjects as well as I can, because people will come to me with their problems, and I will hold important parts of their lives in my hands. I need to be prepared for the fight so that I can say, win or lose, I did my best for them. I did my best to bring hope home for them, and that very often I succeeded.

My own personal hope is do this for my clients while providing comfort and security to my own family. That is why I get out of bed in the morning and go to the law school.

Off to study.

Universal Health Care Now,

Nathan Marshburn

Running at 1am

As I wrote in my previous entry, the Mock Trial Team Intramural Competition took up much of my time in the latter half of September. I frequently did not get home from the law school until after midnight. My class studies ground to a halt for about a week and a half.

Going for runs or jogs, however, is an indispensable part of my routine. If I go two or three days without running, I begin to feel like junk. I run two or three miles, five or six days a week. It is invigorating and keeps me feeling healthy.

Toward the end of September, it had been a couple of days since I had been on a run. I got back from the library after Mock Trial practice at midnight, and I needed to exercise. So I went for a two and half mile run around my apartment complex at about 1 am.

As I ran past a patch of woods, out of the corner of my eye I saw something rather large move. I darted to the opposite side of the road and turned to see an owl with wings spread fly up from the ground and land on a limb.

I'm not sure what kind of owl it was. Its underside was white, it had solid black eyes and stood about eight inches to ten inches tall.

I stopped my run and took a few steps closer to study this bird. It's only been a handful of times in my whole life that I've seen an owl in person. The owl did not seem frightened of me at all as I came closer. It turned its head at tremendous angles, as if looking for more prey on the ground. As I continued to stare at it, though, it swiveled its head to lock eyes with me. We stared at each other, unflinching for about 15 seconds before I glanced down and then back at the owl. But it quit the staring contest when I broke first. I left it in peace and continued my run.

Late at night, I can hear the owls often. This was the fourth owl I've spotted since moving to Florida. The other three, I saw all at the same time during a Tallahassee evening, as I noted in my blog entry for June 6th of this year.

I suppose this entry doesn't have much to do with law school, other than to note that law school extracurricular activities may force you to do your regular activities at odd times. In my case, it allowed me to see a unique sight.

Universal Health Care Now,

Nathan Marshburn

P.S. . . After looking up some information, most likely it was a Barred Owl. The National Audubon Society description of the Barred Owl's call matches exactly what I hear at night. You can see and hear the Barred Owl at http://www.youtube.com/watch?v=fppKGJD3Y6c&feature=related

The Mock Trial Team Intramural Competition

I have not done much school work over the past couple of weeks. This weekend, I competed in the law school's Mock Trial Team Intramural Team competition. All the members who made the team last year were paired up and pitted against each other in a four day tournament. We received the fictional case packet with about six days to prepare for the first trial.

It was a battle, at least for me. I enjoyed the competition, and went up against some very smart and very articulate students. Nine teams entered the field, but as the brackets were set up, only four teams advanced after the first round. My trial was the only one where neither of the teams advanced to the semifinals. I like to think that we were both so good that we kept each other's score lower than other teams with different judges. But who knows? I also served as a witness in the semifinals for a team that advanced.

Congratulations to Ryan Hoyle and Cady Huss for winning the tournament. I watched them perform in the finals, and they put on a solid case.

My own trial lasted about two and a half hours. I delivered the opening statement for the defense, and then direct-examined a witness and cross-examined a different witness. The opening statement was the most difficult aspect for me. If I could find a formula to get rid of the butterflies-- or at least make it where they didn't show or didn't affect my performance at all, that would boost my abilities a great deal. Some days I can pull it off, some days I can't. In my tryout last year, I nailed my performance. In my opening statement for this competition, though, the butterflies bubbled up once or twice. I was not nervous at all during my direct or my cross, which I've heard other team members say is the most difficult aspect of the trial for them.

I would have liked to advance in order to get more practice at trials. The experience is invaluable, and it makes quite clear to me what the obstacles are to winning trials and becoming a good trial lawyer. Aside from being cool, articulate and able to convey your message to the jury, you must be knowledgeable of the Rules of Evidence. In the preliminary matters with the judge before the trial actually starts, you wage war with the opposing side on what evidence is going to be admitted at trial, and you have to persuade the judge using the Rules of Evidence.

You must also be listening carefully and thinking quickly about strategy as the trial goes on. You will joust with the witnesses on cross-examination. Making objections to your opponent and handling objections from your opponent properly can steer the course of the trial in the way you want it to go.

Like I said, I now know first hand what I had expected before: A trial is a battle, requiring huge amounts of energy and preparation. And then you can't choke after you've done all that work to bring yourself to the brink of victory in the arena. You must finish and close the deal.

It's a battle. It's hard work. It's nerve-racking. It's fun. . . I look forward to my next opportunity to be in the arena.

Thank you to Trumon Phillips and Nicki Mohr (the President and Intramural Chair of the Mock Trial Team) for all their hard work in giving us new members a great learning experience. Also thanks to my coach, Ty Eppsteiner and my trial partner, Bradley Bodiford, for all their hard work and to Bradley for delivering an awesome closing argument in our trial.

Until Next Time,

Nathan Marshburn

A Fringe Benefit of Being on the Mock Trial Team

Despite what I wrote in my last entry, this week saw me land my first (and hopefully not my last) On Campus Interview (OCI).

I know exactly why I got in, too. The interviewing partner was a Mock Trial Team member when he attended Florida State Law, and he said that he makes an effort to at least give an interview to members of the Mock Trial Team who apply with his firm when he comes to the campus.

I'm very appreciative for the opportunity. Things went well, and we had a pleasant conversation about the firm and my activities. A lot of qualified people interviewed with that firm yesterday, though. I won't get my hopes up that I made the next step, which we would be a call-back interview. At that stage, the firm flies you to their main office to meet with more attorneys and partners.

The weather is beautiful this weekend in Tallahassee. Miami is coming to town to play us in football on Labor Day. I have a ticket to the game, and I will join my colleagues for the tailgating festivities. I am also looking forward to a slip n' slide house party on Lake Bradford tomorrow. My friends there have a great Weimaraner that is fun to play with.

***

No one should die because they cannot afford health care, and no one should go broke because they get sick. Universal Health Care Now,

Nathan Marshburn

OCI and the Start of Year Two

The semester is under way, with one week of classes down. The On Campus Interview process (OCI) is in full swing as well, though due to the economy not quite as many employers are gracing the halls of our law school looking for new associates.

Unfortunately, it appears that I will be on the outside looking in for these interviews. While it would be a neat experience to be invited and participate in the hiring process for a huge firm, it does not worry me that those doors are not opening. As I've mentioned in a previous blog, it is unknown as to whether I could survive and be happy in that environment, anyway. The same set of students are being interviewed by all the OCI employers, and these students deserve it. They are the "superhumans" I wrote about in a previous blog. I can see that the process is stressful, even for them. One guy I talked with has already done 16 interviews. Last year, he seemed very laid back and it took me a while to realize how smart he was. Now, however, he is wearing a suit every day, is quite animated and talks with his hands far more than he did last year. I hope he and the others land great jobs and are happy with their success.

I did my best during my first year of law school. I could not have worked harder. I am happy with my position, and I know that Florida State Law is providing me with the skill sets necessary to land a good job, even if it is not through the On Campus Interview Program.

A lesson to pass on to the new 1Ls or to those seeking to go to law school is this: If you want the jobs with the big firms, your first year of law school will be the most important one. It may seem unfair that so much rides on your first round of exams when you are brand new to the environment and process. But that is the way it works. I did significantly better during the spring semester than in the fall last year because I figured out a different way to prepare myself for the exams. If I had performed as well in the fall as I did in the spring, I probably could have gotten into some of the OCI interviews.

Another lesson: Try to make Law Review at your school. Most if not all of the Law Review students are getting into at least some of the OCI interviews. Law Review is the most prestigious extracurricular activity in law school, and it will open a lot of doors for you.

I am not on the Law Review. My pony is the FSU Mock Trial Team. Now that I do not have to worry about surviving in law school, my plan is to focus on becoming a polished litigator or trial lawyer. This is not as broad an area as you might suppose. While most people probably think of "Matlock" or "Perry Mason" or the characters from "Law and Order" when they think of a lawyer, in truth only about 20% of law school students end up practicing in trial law. Many of my law professors have never been inside a courtroom as a lawyer representing another party. I may end up doing something quite different from trial law once I graduate, but that area is where I seem to be strongest compared to the skill sets of my colleagues. I will spend much of the remainder of my law school classes trying to improve in litigation. This work, combined with a non-stop effort to network should make for a successful job search upon graduation.

***

Let your voice be heard. Do not let the loud minority at the town halls drown out the effort for health care reform. We need universal health care, and we need it now.

Nathan Marshburn

A Successful Summer

Yesterday was my last day of work at Parks & Crump, at least for now. I can not thank Attorney Crump and Attorney Parks enough for the experience, and I could not have asked for a better summer.

For the first month, I had a chance to meet a lot of bright and talented undergraduate students from all over the country who are interested in law school while I worked for the Summer For Undergraduates Program. The job also allowed me to meet various attorneys, judges, and justices in town, as well as more professors from the law school. It was a lot of fun. I remember thinking on Memorial Day how neat it was that I was getting paid to play volleyball with the undergrads at Lake Bradford.

That program ended in mid-June, and I immediately picked up with Parks & Crump, LLC as a paid law clerk. The work was intense. On my second day there, I had to write a Motion to Deny a Motion for Summary Judgment. I drafted complaints, researched questions of law for the partners, drafted Motions for Summary Judgment, drafted questions for depositions, attended and assisted with a deposition, a mediation, and a trial. Most nights, I did not get off work until close to 9 pm. I also had to work during some weekends.

The confidence I gained from this work is extremely valuable, though. And the firm also treated me to numerous lunches and dinners at nice restaurants along with trips to New Orleans and San Francisco.

So, to Parks & Crump, I say thank you so very much. I hope I showed my gratitude through my positive attitude and my work ethic.

Now, class begins for my second year of law school on Monday. Away we go.

Last night, I went to the Student Bar Association Orientation Social at Potbelly's, the club across the street from the law school. Last year at this time, I went to that social not knowing anyone. This time when I walked through the door, I was greeted almost immediately by 20 classmates happy to see me. I also met a few 1Ls, and I could tell from the expressions on their faces that they felt the exact same way that I felt last year. . . Glad and fascinated to be here, but wondering exactly what I had gotten myself into and whether or not I would make it.

It was a great time last night, and if last night is any indication of how this year is going to go for me, then it will easily be one of the happiest years of my life.

Now, time to read Evidence for my 8am class on Monday.

Universal Health Care Now,

Nathan Marshburn

Points for Starting a Law Firm

A few months ago, I wrote a blog saying that my desire for a career was to work with a large firm. While I am still open to that and continue to actively pursue it, my experience as a law clerk this summer has also opened my mind to the possibility of starting my own firm at some point.

Counting the two partners, eight attorneys work at my office, Parks & Crump, LLC. My clerkship has been quite special in the exposure that I have received in how such a firm operates and makes money. I want to record here in list fashion some of the things that I have learned in what makes a firm successful. Much of this is common sense, but I think it is still worth writing down.

1) Parks & Crump has become successful by taking cases that no one else wanted. More specifically, they will take civil rights cases involving economically poor minorities. They have also endorsed a number of political causes for minorities in the community. The firm has earned a reputation as a champion for the underdog, and thus Parks & Crump is often the first firm those from a lower socioeconomic status call when they encounter legal trouble. However, the firm still does not take a case it does not think it can win.

2) A phone system that works, and competent personnel to answer the phones is key to keeping the business running.

3) Be conscious of your overhead costs. They can quickly balloon to unmanageable proportions.

4) Be careful with hiring a lot of people, especially early in the firm's existence. Good help is hard to find. And if you find good help, they will want to be paid well in order to stay with you.

5) A good office manager is just as important to your firm's success as a good attorney.

6) If you have an opportunity to develop any sales skills prior to starting your own firm, take it. So much of marketing your firm and having success in the courtroom goes back to basic selling skills.

7) Make the decisions on which cases you take based on business logic and not emotion. Avoid cases you can not win. Your good cases will most likely settle. The cases that could go either way are the ones that go to trial.

8) You have to be fearless. You can not be afraid to go to trial. Trial law is not for the faint-of-heart. Opposing firms will test you. They will try to "paper you to death" with motions in limine and motions for continuances. They will try to run up your costs of working the case. You have to be willing to say, "Bring it on!" As one of the partners told me, there is a streak of craziness that runs through all great trial lawyers, a willingness to roll the dice.

9) That being said, I think you should look to team up with another firm if it looks like a case is going to become expensive. Otherwise, you may run out of the necessary funds to try the case. The other firm will take a lot of the financial reward if you win, but they also absorb a lot of the risk if you lose, and you still establish a reputation as a lawyer who will to go to trial against the big firms.

10) Remember the client. While you must make a business decision about whether or not to take the case, once the decision is made to fight for this client you must dive into it with full gusto. Keep your client informed of what you are doing and show that you care about this outcome for them. Especially for the types of clients who come to Parks & Crump, our work on their case is one of the few rays of hope in their lives. Never forget how important they consider the work you are doing for them. Step into the role of being their champion, and do it with confidence. Give them hope. Life isn't worth living without hope.

Universal Health Care Now,

Nathan Marshburn

The Coming Workout

Classes begin again August 24th, or about two weeks from now. I am looking forward to the start of law school. Though I enjoyed my first year, I will probably enjoy my second year even more.

This is because a lot of the pressure is now off of me. I've got a pretty good GPA and class rank and am in no danger of failing out of law school. My clerkship this summer with Parks & Crump has added to my confidence in my abilities to be a trial lawyer, to find a job, and possibly to open my own practice.

Even if I don't "grade into a job" through the On Campus Interview process, I have the tools to network and market myself. I will demonstrate to a law firm that I can bring value. I will find a job.

This year, my second year of law school, will be about networking and polishing my skills as a trial lawyer. I will work just as hard as I did during my first year-- only in different areas. The Mock Trial Team will receive a lot of my time. Frankly, I plan to spend a lot of time socializing as well with organizations such as The Young Lawyers Division. I feel much more relaxed this year, and I will try to find time for more Student Bar Association functions and perhaps intramural sports.

Still, this year will be a workout. Getting up in front of a group and making a presentation is no easy feat for me. The Mock Trial Team will require this, as well as the ability to think on my feet during a cross examination of a witness. Doing well in such venues demands an enormous amount of preparation and energy. I have to be willing to fail, to flop in front of an audience, suffer embarrassment, and then gather myself and go again. A few years ago I could not have handled this. It wasn't until I moved to Las Vegas and became a car salesman that I began to attain the confidence and the skills that I will use as a trial lawyer. But I seriously doubt it will ever be easy for me. There will always be times when I stumble, no matter how much I practice. It stings to stumble. And this year, it will be one challenge after another in the arena.

But I am the man in the arena, now. More than at any other time in my life, I am running my own life. Perhaps a psychologist would say that I am a self actualizing person. And while I understand that chance or fate or whatever could suddenly come down without warning and slam me with a crippling blow or even death, I think that I've latched on to the best way, the best philosophy to navigate this existence.

This year will be quite a workout, but it is the best way for me to go.

***

Write your Congressman, tell him or her your health care story, and ask them to get behind President Obama's health care plan,

Nathan Marshburn

San Francisco

I recently returned from a four day trip to San Francisco with the firm. The firm sent some of us to the American Association for Justice Convention. I attended a number of interesting seminars which expanded my knowledge on operating a firm and marketing myself.

The flight to the west coast was spectacular. I had a window seat at 36,000 feet, and our flight plan took us up the southern coast of California. A solid layer of white clouds which resembled cotton candy covered the Pacific Ocean far below for as far as the eye could see. The cloud cover did not break until just before the shoreline. Much of the shoreline was mountainous. One partner of the firm told me to never take a cruise in the Pacific Ocean because clouds like that will obscure the view for most of the trip.

As we closed in on San Francisco and flew lower in altitude, we passed directly over Stanford University. I could tell which school it was by the markings on the athletic fields. I also noted the Bay Bridge, which I first saw on television in 1989 during the World Series earthquake. San Francisco's airport is similar to New York City's LaGuardia in that the runway goes to the edge of the water. As the plane got lower and lower, we were still over water until the last moments when the runway appeared and we touched down.

My first morning there, I went on a 5k run sponsored by one of the city's law firms. The last part of the race was almost all uphill, and it was the first time in years that I had to start walking during a 5k and also the first time in years that I felt a little nauseous during the run. The hills in San Francisco are seriously steep, and the streets do not wind to accommodate the grade. I still managed to finish the race in a sprint, though.

Exploring San Francisco was great as well. The city is surprisingly cold. Highs were only in the 60s, and it seemed colder due to the wind coming in off the ocean or the bay. Fog is common. As it got dark, it would often seem to be raining as I looked at the light from the street lamps. I felt no water drops, though. A taxi driver told me that the warmest weather is usually in September and October where temperatures can go into the 80s. But always after 5pm, he said, the weather drops into the 50s. It is always cold at night in San Francisco. If you go just a few miles inland, the temperature range jumps dramatically, he said.

I took some time to walk through Chinatown and to see Lombard street, the most crooked street in the world. I also biked across the Golden Gate Bridge, which provided a spectacular view of the bay and Alcatraz island. Riding my bike along the Fisherman's Wharf area, I saw about 40 or 50 California Sea Lions resting or arguing with each other on the piers.

One of the partners of the firm treated us to some awesome meals. The Crustacean is a seafood restaurant owned by a Vietnamese family. The restaurant has a special kitchen apart from the main kitchen where only family members are allowed. In this special kitchen, the family members cook some of their famous dishes (the recipes to which are jealously guarded). I also enjoyed some crab cakes at Houston's, and a delicious Chocolate Sunday at Ghiradelli's. Both establishments are on the San Francisco Bay.

So, it was a fun time and I am appreciative of the experience. Still, I feel that my stories of San Francisco are only the run-of-the-mill experiences that any tourist could relate. San Francisco is different from New Orleans (another city the firm visited this summer). In New Orleans, in Las Vegas, in Philadelphia, in Miami, I felt like I could walk down the street and suddenly find myself in a unique adventure. I did not feel this with San Francisco. To really enjoy San Francisco and understand its character, I think one probably needs to have a lot of money and be connected with the appropriate social circles. Despite its liberal reputation, the city felt conservative and private. The clubs, the people, and the beautiful hilly streets all seemed quite tame. The most interesting characters of this city are sealed away from curious visitors like me in ornate Victorian homes. They eat their meals apart from me in those homes or in fine dining restaurants out of reach to me at this point in my life.

But perhaps one day I will come back under different circumstances.

Universal Health Care Now,

Nathan Marshburn

The Push

I started to write another blog about the desperate need for health care reform in this country. We are at the edge of a huge success. It is disappointing but not surprising to see political leaders from both sides of the aisle attempting to slow down and/or block President Obama's efforts to bring help to the everyday American. Those politicians who stand in opposition are not listening to the results of the vote back in November 2008. They are instead listening to the insurance companies and big money interests who wield an unbalanced portion of the power in Washington. Change is needed now. Health care in America is a patient suffering a terrible disease. Please, Congress, try something, anything, to cure the patient. Do not lecture about what methods are inappropriate, what constitutes "socialism" and what should have been done before. We've been debating for years as the situation just gets worse. . . Move!

But this blog is about law school, and I feel too tired to keep going on about health care. I will refer you to two blogs that I have written about it in the past:

http://nathanmarshburn.blogspot.com/search/label/Health%20Care

http://wcugradstudentblog.blogspot.com/2008/03/open-letter-to-candidates.html

This fight is for the professionals, but President Obama has my 100% support in his push to bring health insurance to all Americans.

Now, as for law school, I begin my own personal push to find a job. The second year of law school is when most of the large firms do their hiring of new associates. They hire second year students to work during the summer in between the second and third year, grooming the student to come to the firm full-time upon graduation.

In my entry just before this one, I wrote what other lawyers had told me about working at these large firms. Theirs is a cautionary tale.

Still, I am going to go for it in the fall "On Campus Interview Program." I do not want to graduate from law school and wonder, "What if" I had applied to work with the huge firms? Would I have been hired? What would my life be like? Would I have enjoyed that lifestyle? To paraphrase Maxine from the movie Being John Malkovich, there are two types of people in this world: Those who go after what they want, and those who don't. Even if the former don't reach their goals, they are happier people. They die with less regrets.

My grades do not place me in the top 20% of the class, so I don't qualify to apply for many of the postings. Still, there are a number of openings which say, "Top 10% preferred," or "Top 20% preferred." To these I will submit my resume.

If I am invited to an interview, this will be another aspect of law school that I may tell you about- "The Powerhouse Firm Job Interview." But if not, there will still be plenty of things to keep me busy and write about during my second year of law school. Until Next Time...

Go Obama Go! Universal Health Care Now!

Nathan Marshburn

The Superhumans

As many hours as I put in at the firm, it is still not the intense experience a summer clerkship or one's first job out of law school may provide. The atmosphere at my firm is considerably more laid back than in the largest firms in places like New York City or Atlanta. I make this claim based on talking with a couple of lawyers whom I met over the past few weeks.

About three weeks ago, the partners took me to lunch at a nice seafood restaurant in Tallahassee. One of their guests at the lunch was a law professor from a school in Texas. I sat across from her and had the opportunity to ask her many questions. She earned a J.D. from the University of Pennsylvania, and her first job out of law school was with a large firm on Wall Street.

"Ah. How long did you work with them?" I asked.

She gave me a wry smile. "A year."

"Why? Why didn't you like it?"

"I really didn't know what I was getting into when they gave me a tour of the firm," she said.

The person giving her the tour showed her where the couches were, and then showed her the showers.

And she was thinking to herself, "Why are there showers in a law firm?"

She soon found out. She told me that it was not uncommon for her to work until 3 am. The partners gave her huge assignments that would be due on days like July 3rd or December 24th, so she never received a long enough break to see her friends and family during the holidays. The partners were impossible to please. Some were micromanagers who wanted you to check everything with them, other partners wanted you to leave them alone and make all the decisions yourself.

"And good luck if you wanted to get married and have children," she said.

She told me that someone would have to use cocaine to keep functioning in that system. I started laughing, but she said she was not joking.

So, she decided to quit the firm and become a law professor. . .

I met another lawyer in New Orleans during the Essence Music Festival. She worked at a large firm in Atlanta. I could tell that she was highly intelligent. She graduated from high school when she was 15, then finished college in three years before attending Florida State Law. Now 30, she has been a lawyer for several years.

"I've decided that the profession of law is mainly for men," she told me frankly. "It's kind of an unspoken proposition to a female in the field that you have to choose between having a family and dedicating yourself to the firm. It's really difficult to do both."

She talked about the long hours she put in at the firm in Atlanta. There are women who are partners at the firm, she said, "But when I see how they live, I don't want their lives."

So, she has recently quit the firm and has decided to go to medical school. . .

As for me, I'm not sure that I could survive in such an environment, either. I'm adjusting to the long hours at my firm this summer, but it is still not the hours these two women told me about. And I imagine they were expected to churn out more work products and in a shorter amount of time than what is expected of me. So far at least, my firm has not pressured me with deadlines that seem impossible to meet.

At Florida State, I've met people who can survive and thrive at the large firms where these two ladies worked. I call them superhumans, because they are incredibly intelligent and have an equally incredible work ethic to match. I had not met people like them until I came to Florida State. The amount of information that they can process and what they can churn out in such a short amount of time really amazes me. They are usually on the law review, involved in many other time consuming activities, and are at the top of their class in grades. One friend of mine whom I think fits this superhuman status told me, "I'm glad that I'm married. My wife reminds me to eat and sleep regularly."

If you are a student at an Ivy League law school, these huge firms will come looking for you. They will come to Florida State in the fall as well in something called the "On Campus Interview Program" or "OCI" for short. To get into most of the OCI interviews, though, you need to be in the top 10%, or perhaps the top 20% of your class.

Like I've said before, law school and the practice of law is extremely competitive. It is not for everyone. But I am happy to be here and happy to be in the competition.

Today is Sunday. I have to go into work in about an hour. I also put in about five and a half hours yesterday, Saturday. If I was at a Wall Street firm, however, I doubt that I would have had time to write this blog entry.

Universal Heath Care Now,

Nathan Marshburn

New Orleans

I just got back from my first ever visit to New Orleans.

For the Fourth of July weekend, the firm hosted a cookout in that city as part of the Essence Music Festival celebration.

Most of the staff of the firm stayed in a nice house on Tchoupitoulas Street, about a five or ten minute drive from Bourbon Street. Tchoupitoulas Street borders the Mississippi River, and I could see the ships at the loading docks and the huge cranes around them.

One of the places that I visited was the 9th Ward- the hardest hit area by Katrina, though it was evident that the whole city was hard hit by that storm. The 9th Ward felt eerie. As we drove through, I could imagine what it must have been like before Katrina. There were lots of nice houses, the weather felt great, and I'm sure people spent a lot of time outside socializing with each other.

Now, most of the houses are abandoned. Many appear not to have been touched since the storm, as litter and debris remains strewn across their yards. The most eerie aspect was seeing the dates spray painted on the houses. After Katrina, crews went through checking the homes for bodies. When they checked a house, they marked it with an X and the date. About one in three or four houses still has that mark. I saw "9/13 X," "9/25 X," "10/1 X", etc. haphazardly spray painted in orange on the walls.

I also spent quite a bit of time on Bourbon Street. On the morning of July 5th, at about 2:30 am, I was walking down Bourbon Street with thousands of others. Just ahead of me, I heard the "Pop! Pop! Pop!" of gun fire. It was a unique sensation and sight to see hundreds of people suddenly turn toward me and begin running. My initial fear was not of being shot, but of being trampled. I darted sideways and leaped up on a windowsill of one of the clubs. Leaning back against the glass as far as I could, I watched as hundreds of people ran past me. It also interested me to see a police officer across the street just casually watching all of this from the entrance to a restaurant. Eventually, people stopped running. I peaked around the corner of the window and hopped down. Police officers on horseback slowly made their way up the street toward the site of the shooting. I headed in the other direction and caught a cab back to the house.

I like New Orleans. It is a city that I want to visit again. After spending three days and nights there (without much sleep), my impression is that this is a city with soul, a city whose main inhabitants are unapologetically poor, but who know how to have fun and enjoy life. They sit in the streets and on their porches as the sun goes down, laughing and talking. Many of the buildings here looked old and dilapidated, but not run down. They teem with life.

But Katrina continues to have this city reeling. The French Quarter and Bourbon Street will stay a thriving force due to tourism, the incredible architecture, restaurants, hotels, clubs, and its reputation as a place to have fun. And New Orleans will continue to exist because of its location as a port city for the Mississippi River and the Gulf of Mexico. But driving along the levy wall in the 9th Ward, I felt that this place is not safe. The 9th Ward and the city remain a "soup bowl" below sea level, just waiting for another strong storm to come in a wipe it out again.

As one cab driver told me, "Everyone here now lives off of Uncle FEMA." Indeed, I saw the FEMA trailers clustered together in the 9th Ward. Another cab driver, a native to New Orleans, had an interesting perspective on Katrina and New Orleans. "When they blew the levies," he said, "they made it so the French Quarter stayed dry and the poor people got flooded."

I hope New Orleans can recover. I would have loved to see the city before Katrina. Bringing it all back is a problem, though. Restoring New Orleans is taking and will take massive amounts of money. And it is all so fragile. . . At least the river, the gulf, and Lake Pontchartrain were all beautiful and calm during my days there.

Universal Health Care Now,

Nathan Marshburn

In the Groove

Like a distance runner gradually building up stamina, I'm beginning to get used to the long hours at the firm. Friday, they let me go at 6:30 pm and it felt a little weird- like I didn't know what to do with myself. As long as I get time to go for my jogs, have two meals a day where I'm not rushed to eat, have an hour after work to just unwind, and then get about 7 hours sleep, I'm good to keep going. Some days at the firm, it's pushing my time to have all of that. But most days, I can pull it off on schedule and stay in the groove. The most stress comes when I have an extra personal errand that has to be done during the day. It can throw off my whole schedule. Such details of life are inevitable, though, and I'm trying to get better at dealing with that stress when the situation arises.

Some reading this blog entry might think that this is not the life for them. They may be right. It is not easy. Spending time with a family would be challenging on this schedule. You just have to evaluate what you want out of life and what your value system is.

As for me, I like where I am at and the work that I am doing. The partners, attorneys and staff have all been very generous and supportive. I want to do good work for them and make a legitimate contribution to the firm's success. The founding partner, Mr. Crump, did me a tremendous favor by reaching out and hiring me for the summer. This is a great opportunity. I'm just trying to show my appreciation and that he did not make a mistake in bringing me on board.

When I tell other law school students where I am at and what I am doing for the summer, you can see the wheels turning in their heads and the jealousy in their eyes. They would trade places with me in a second. This firm has a great reputation in the community, and the people here work hard and play hard. I'm in a good place.

Universal Health Care Now,

Nathan Marshburn

8 O'Clock Shadow

This week, I started my clerkship at Parks & Crump law firm. Mr. Crump told me that it was going to be "Baptism by Fire," and he wasn't joking. The amount of hours that I am working has escalated significantly compared to the job I just finished as a mentor in the Summer for Undergraduates Program. Now, I get into work between 8 and 8:30 am, and usually don't leave until after 8 and 9 pm. I'll be doing some research for the firm this weekend as well.

I'm not complaining. Mr. Crump was very gracious to give me this opportunity. Most students in between their first and second year of law school right now do not have paid clerkships. And there are many students who are in between their second and third year of school (and even some that have graduated) who do not have paid employment and would gladly trade places with me.

Parks & Crump is giving me the chance to learn a lot about tort law and the operation of a plaintiff's law firm. It is a model that I want to understand very well. This firm was established in 1995 by two graduates of Florida State Law. They didn't have much money to begin a firm, but Parks & Crump's steady climb to become one of the most successful personal injury firms in Florida is truly remarkable. So I'm doing my best to imitate a sponge and soak in everything I see and hear. Working long hours is just an understood necessity for success.

After 8 pm one night earlier this week, I went to the office bathroom to wash my hands and face. I was dressed in a full suit. As I wiped my face with a paper towel and looked in the mirror, I thought, "Man, I need to shave."

In fact, I had shaved that morning before coming to work. I'd never had a problem with 5 o'clock shadow- but I guess 8 o'clock is a different story.

I suppose my facial hair has been growing like this for a while, but it is the first time in my life that I noted it. A quote from Hyman Roth in The Godfather, Part II also flashed through my mind as I looked at myself in the mirror and realized I had been at the office and in a suit for over 12 hours straight... "This is the business we've chosen."

But I'm not working any more than what the partners of the firm did and do. And I've seen the alternatives. There were times in my life when I was carrying mail for 12 hours a day in Washington, DC. Office work is a piece of cake compared to that, and I'm lucky and happy to be at Parks & Crump employed as a law clerk.

Universal Health Care Now,

Nathan Marshburn

The Summer for Undergraduates Program

I write this entry for my 61 new friends who just finished the Summer for Undergraduates Program.

It was great to meet you, and I was impressed with how smart you are, your positive attitudes, and how curious you are about law school and life in general.

This month flew by, and my role as your mentor was one of the best and easiest jobs that I've ever had. You guys made my job easy. I enjoyed being around you, and I hope you can say that the stories of my experiences were useful to you. I also hope that after this program you learned a lot about where you want to go in life- be it law school or not.

If I can ever be of any assistance to you, just let me know. College is often the best years of a person's life. While I wish you all great futures of even more happiness, take time to enjoy how things are now. You made many friends at this law camp. You did things the right way. Remember what made you happy and successful here, and keep living your life that way.

Best Wishes,

Nathan Marshburn

Tallahassee Sunsets

As I get older, I've learned that one of the secrets to happiness, or at least to my own personal happiness, is to stay busy.

Now that school is out for the summer, I'm not studying and working all the time. That will change on June 15th, when I begin working for a wrongful death firm. But until then, I find that most of my evenings are free.

About five times during this past week, I had the chance to go for an early evening run. After I finished the jogs, I decided to stay busy by hopping on my bike and riding for an hour or so until the sun set.

I go for bike rides in Innovation Park. The Park contains various buildings dedicated to industrial and technological pursuits, such as the National High Magnetic Field Laboratory and the FSU/FAMU School of Engineering. Innovation Park is where I ride my bike because there are many open spaces of woods or fields (the FSU golf course flanks one side of the park). Each day, I stopped somewhere to watch the fabulous pinks, purples, oranges and yellows that colored the clouds as the sun went down.

The other things in nature that I come across on my bike rides are also fascinating. One day I saw a red fox lying in the grass, watching me with curiosity. It kept sitting up and laying back down, trying to decide if it should run away. Another day, I saw a fox (perhaps the same one) trot rapidly away from me as I rounded a curve and spotted her. The fox carried one of her pups in her mouth as she slinked away into the woods.

Twice, a red shouldered hawk has flown over me as I rode. The first time, the hawk had a small snake in its talons. The second time, it looked like it had a mouse.

I also startled a Great Blue Heron standing in a creek. It flapped its large wings and took off deeper into the woods.

As the day ends and the sky turns from bright blue to darker shades and then black, bats come out. They curve toward me and then away from me very fast, relying on their built-in sonar. Thousands of frogs start chirping away right as the sun disappears, too.

When the sun goes down, I decide to head back to my apartment. The last half mile is all down hill and I don't have to pedal. I can get up some nice speed, and the evening air hitting my face and hair is one of the best sensations on earth. It brings back memories of summer rides when I was a boy. Freedom.

One night as I finished a run, I heard what sounded like a insane human, laughing at me from up in a tree. I quickly deduced that it was an owl... The owls are great, here, too. I can hear them often at night when I'm lying in bed... Shortly after the laughing stopped, out of the corner of my eye I caught three large owls, one right behind the other like fighter planes in tight formation, swooping across the parking lot and then disappearing into darkness. The only noise they made was the slightest rustling of wind- a noise that I would not have noticed had I not turned my head to look right at them. I'm not sure what kind of owls they were, but their undersides were white.

If the weather is good, I'll go for another bike ride today. It is a great way to spend an hour around sunset in Tallahassee.

Universal Health Care Now,

Nathan Marshburn

Passing the Bar Revisited

In October of last year, I wrote a blog about passing the bar. In that blog, I emphasized how I would concentrate my electives on subjects that are actually tested on the Florida Bar Exam. I also expressed doubts about the bar prep courses such as BarBri and PMBR as a reliable means to pass the bar.

But as a professor here said to me, FSU College of Law does not want to be a law school that teaches you to pass the bar.

Strange as the above statement might sound, I am learning that law schools which only teach students to pass the state bar exam are typically held in lower esteem by those in the profession of law. Without mentioning specific names or schools, I had the opportunity to speak with a Justice on the Florida Supreme Court this week. The Justice criticized certain schools in Florida as not being of the caliber of law schools like FSU, where we learn about the philosophy behind laws rather than simply learning what the law is.

Still, however, I have to figure out a way to pass the bar exam. Now I'm also beginning to realize that the material covered in a specific law course on a bar exam subject may not be the same material on which I am tested on the bar. In Criminal Law, for example, the professor freely admitted that he did not know anything about Florida criminal law. The course was more about the theory behind criminal law.

For those students who just graduated from Florida State Law, many are still coming to class every day as part of the BarBri course to pass the Florida Bar. The bar exam is in July, and they are in this bar prep course most of the day. I see students in the BarBri class who are on Law Review, the Mock Trial Team, the Moot Court Team. Many of the students in that class are some of the smartest students in the school, and yet they still feel the need to take a bar prep course.

It makes the impression on me that I need to enroll in a bar prep course and do the same thing. Even faculty and administration have recommended the bar prep courses.

Coming into law school, I never would have thought that the learning needed to graduate is not necessarily the same learning you need to pass the bar. Perhaps I should become a sales representative for one of the bar prep companies next year. This would give me a discount on the tuition cost for the bar prep course. I wasn't sold on the bar prep courses myself back in August and September, but I think I am sold now.

Universal Health Care Now,

Nathan Marshburn

The LSAT Revisited

I've written one blog on the LSAT. In it, I briefly described my preparation for that important test and gave my advice.

However, I am currently working as a mentor in the Summer for Undergraduates Program here at Florida State Law. 61 very bright undergraduate students considering law school are here from all over the country. I must say, after listening to how they are preparing for the LSAT and also listening to an LSAT panel made up of some colleagues here at law school, my first blog on the LSAT probably includes some bad advice.

Coming to law school was a quick decision for me, and I did not have time to prepare for the LSAT by taking a prep course such as Kaplan. I also didn't have much faith in how much it would have improved my score.

But according to the undergraduate students and the panel of students already in law school, those courses really help and can significantly raise your score.

So, I wish to amend my previous advice. If you can afford to do an LSAT prep course- be it through some institution like Kaplan or through a qualified private tutor, then I would recommend it... I wonder how much better I might have done on the LSAT if I had taken such a course. Fortunately, my score was good enough to put me here at Florida State Law and set me up with some great opportunities.

Universal Health Care Now,

Nathan Marshburn

Officially a 2L

Now, I finally feel like a second year law school student. My last remaining grade posted today. Overall, I am pleased with my performance this semester. I tried new strategies toward taking the exams this time around. My performance this semester was better than in the fall, and I should move up a bit in the class rankings. I'm in no danger of failing out of law school and actually just narrowly missed making the Dean's List this semester. Law school is working out so far.

I am also fortunate in the two summer jobs that I have landed. For the first month, I am working as a mentor in the Summer for Undergraduates Program at FSU College of Law. 61 very bright undergrads from all across the country are here for four weeks to learn about law school and Florida State in particular. Being a mentor is easy. I get paid to talk positively about my experiences here- something that I would gladly do anyway. The undergraduate students are also very positive and ask many questions. Prominent attorneys, the Florida Supreme Court Justices, and the Mayor of Tallahassee are among those with whom the students have talked.

After the Summer for Undergraduates job ends in mid June, I begin working for Parks & Crump, a very successful personal injury firm here in Tallahassee. The partner who hired me, Mr. Crump, actually spoke at the Summer for Undergraduates Program a few days ago. He was highly entertaining and the students told me how much they appreciated his stories.

Though I have worked hard to put myself in a good position, I also realize how fortunate I am to have landed a summer job with such a successful and influential law firm, especially in this economic climate. Parks & Crump give a lot back to the community. I hope that I can catch on quickly and be productive for them both in their case activity and their community involvement.

Universal Health Care Now,

Nathan Marshburn

Option 1

In the spring of 2008, I was struggling with the decision to either go to law school or stay at Western Carolina University and finish my M.A. in History. I leaned toward entering law school, though it was still open as to what law school I would attend.

As I have said in previous blogs, last year at WCU was the happiest year of my life. I remember thinking that I had come to one of the more important forks for which path my life would take, and I remember thinking that it would be neat if I could clone myself and send the clones down the different paths I was considering. We'd meet up again at the age of 65 or 70 and compare notes.

Hopefully, that doesn't sound too arrogant. Arnold Schwarzenegger once said something similar about desiring to clone himself to see all the things he could accomplish. He certainly has had a fascinating life, reaching the pinnacle in the professions of body building, movie acting, and politics. But Joy Behar, one of the hosts of The View, criticized him, saying his idea of cloning himself was arrogant and narcissistic. I don't want to come off as arrogant or narcissistic.

Still it is fun to think about the options I was considering. I decided to go to law school and attend Florida State University. I have never regretted that decision, and I am pleased with the success I have seen thus far.

Option 2 was to enroll at North Carolina Central University School of Law. If I had gone there, I would have focused on a career in public service and fighting for the underdog. I think that would have been a very satisfying choice as well. I would have stayed in North Carolina rather than Florida, most likely trying to land a spot in the public defender's office in Asheville or Jackson County (where WCU is located). I'd spend my weekends walking in the mountains, identifying the various plants and animals. The Appalachian Mountains are as botanically diverse as the Amazon Rain forest, and they change so much with each season. I'd never get tired of it.

Option 3 was to finish my M.A. in History and pursue a career in college administration. I think I would be a great recruitment officer for a college. I love traveling and talking with people, and I love the college environment. My game plan would be to work at different universities for a few years at a time, gradually moving west until I could land a spot at UNLV and live in Las Vegas for the remainder of my years. Vegas is my all time favorite city, and I love the desert. The chance to work at different universities across the country would make for an interesting life as well.

Option 4 was to finish my M.A. in History and then try to earn a Ph.D with the goal of becoming a college professor. This would have been a difficult path, I think. Ph.D programs in history are harder to gain entry to than law school. The jobs for professors are scarce, the time I would have spent in school would have been longer, and the pay is not that great. The option 4 clone might have bailed out of that lifestyle and hitched on to law school again.

Anyway, Tallahassee and FSU College of Law is where I am. Florida is probably where I'll set up and practice. I think it will be a happy life. If I had the choice to make all over again, I would choose this option. I am a lucky man.

Until Next Time,

Nathan Marshburn

First in My Class

Did I mention that I finished first in my class this semester?...

Only it wasn't in class rank or GPA, but rather the 65 team NCAA basketball tournament bracket on espn.com. One of our professors set up our group. I got the championship game right- Michigan State versus the University of North Carolina, and I correctly picked North Carolina to win it all.

Being "called on" is a big thing in law school, especially during the first year. Professors will randomly call on students to speak about cases, and if you haven't read and prepared as they expect, it can be embarrassing.

So, as my prize for being first, the professor gave me a t-shirt in class that reads: "DON'T CALL ON ME!" It might have been more helpful to have this shirt in August rather than April, but it was a fun idea by the professor that helped distract us a little from the pressure.

Until Next Time,

Nathan Marshburn

This Time Last Year

This time last year, I had just completed a year of graduate school at Western Carolina University. While this year- my first year of law school- was very enjoyable and important, I have to be honest. Last year at WCU still ranks as the happiest year of my life.

I went back and read some of the blogs I posted for the Graduate Student Association at WCU. I had somewhat forgotten what a good time I had, and what a vital learning experience that year was for me. In addition to the year at WCU being my happiest, I also learned more from my social experiences than at any other time in my life.

In contrast, I viewed this year at FSU College of Law more as like my first year in a trade school. WCU was a cocoon, a retreat from the real world tucked away in the Great Smoky Mountains. FSU College of Law, however, is preparing me to be successful in the real world, a world where I will be forced to play hardball. I need to be at FSU College of Law, but I view my time here in more of a business sense. My eyes are on the prize here.

It is not that way for everyone, though. My first year of law school also went by the fastest of any year of my life thus far. This is in part because I am older and have had some work and social experiences.

But one of my colleagues sat down beside me at Potbelly's on Thursday night- the night we had taken our last exam of year one. He was among the first FSU students I met back in August when I arrived. At my first law school social, he saw me standing alone and invited me to come sit with him and his friends at a table.

He said to me, "Think back to the person you were back in August, and all the changes you've gone through and compare it with the person you are now."

I nodded my head and agreed with him. He has changed. He came to law school straight after finishing his bachelor's degree. I'm not sure that he's ever held a real job in his life. I remember when I was his age. Time moved much slower for me, too, and I could more readily identify with the changes of which he spoke.

But really, I haven't changed too much this year. Like I said, I view law school as an opportunity to learn a great trade. That's what I was about when I applied, and that's what I'll probably be about when I (hopefully) graduate.

I asked him if he liked the changes he saw in himself. He shrugged. "Yes and no. This is a great opportunity. A lot of people would trade places with us." Still, he said, there was part of him that was urging to get out of law school. "But we've invested in this now," he said. "What are you going to do?"

Law school is not for everyone, and there will be those who graduate and have careers in law but are not really happy. I hope he does not turn out to be one of them. I don't think that will be the case with me. I am very grateful to be here. I've seen the grass on the other side of the fence- and it is not greener. I'll work hard and become proficient in some area of the law and then head happily into practice, thank you very much.

If I could stay a young student at Western Carolina University for the rest of my life, I probably would. That is not an option, though. So, FSU College of Law is the place for me to learn skill sets that will help me and my family survive and thrive in this world. I can also make a positive difference in other people's lives. I'll do my best.

Until Next Time,

Nathan Marshburn

Pinching Myself

About three weeks ago, the Mock Trial Team had its annual end of the year banquet. I dined on a gourmet meal while listening to a prominent trial attorney from Pensacola speak about what it takes to be successful in the courtroom. There were lots of beautiful women there, and everyone was dressed nicely.

I couldn't help but think that this time three years ago- 2006, I was slaving away for the Post Office in Washington, DC. I remember looking at my watch during the Mock Trial banquet and thinking, yep, about now the evening supervisor would be calling me to see how much more mail I had to deliver. I'd request backup, which may or may not come.

It was rare that I was off the street before 10 pm. More than once, I was on the street delivering mail past midnight. I weighed 155 pounds when I started the job. When I decided that a career with the Post Office was not the best choice, I weighed 135 pounds.

I could write a whole series of blogs about my experiences with the Post Office. The job was rough. Don't get me wrong- there were a lot of great people who helped me out in DC, but the starkness of how difficult my existence was in 2006 compared to where I am now is amazing.

It feels like a dream, sometimes. I mean, imagine waking up at 5 am on what was supposed to be your day off to a phone call from your boss telling you to come in and get a mail route ready to go as soon as possible, or in the alternative waking up in Florida without an alarm clock and getting ready to go to class and social events like this banquet.

It almost makes me nervous- like this is a dream. I'll wake up and find out that I still work for the Post Office and that I have a 12 hour day ahead of me of lifting crates of mail in freezing rain.

Life can be pretty bad, sometimes. But being a student at FSU College of Law is pretty good. There are lots of people who would trade places with me- while there are very few people with whom I would trade places. Honestly, I'm probably in the top 1% of the world's population in terms of general happiness with my life.

Happiness is a fragile thing in any person's life, though. I'll ride this wave for as long as I can.

Until Next Time,

Nathan Marshburn

Done with the 2nd Round of Exams

All right,

I just finished my last exam of my 1st year of law school. It feels pretty good, but not quite the relief that I expected. I think when I know my grades, maybe then I'll actually feel like the first year is behind me.

A lot has happened since I last wrote. Most importantly, I landed a job this summer with Parks & Crump, one of the most successful personal injury firms in Florida. One of the partners told me that my clerkship will be "baptism by fire," but I am looking forward to seeing how a law office works and learning from some very successful trial attorneys.

That job will start in mid-June, but I was also hired as a mentor for the Summer for Undergraduates program at the law school. 60 very bright undergraduates from universities all across Florida, the country and the world will come to the law school in a couple of weeks to see if law school and perhaps FSU College of Law is the direction they wish to head in life. My job for one month will be to give them advice and help them with the program. I will show them around Tallahassee and FSU. The students will get to see the Florida Supreme Court in action, and we will meet various attorneys from the area.

There is a lot more information that I will post in the coming days. Right now, I intend to get something to eat, and then head over to Potbelly's (the club across from the law school) where many of my colleagues are already celebrating.

Until Next Time,

Nathan Marshburn

Exam Season Again

There is one month left of classes, and then exams. I noticed that the mood of many of my colleagues became more intense this week. I started meeting with a study group this week as well.

So, the blogs are going to be skimpy for a while.

Even now, I need to get back to a brief that I'm writing for my Legal Writing and Research class. I want it to be good because in addition to this project being the majority of my grade for the class, I will use it during the Moot Court tryouts and as my "writing sample" for job interviews in the future.

Until Next Time,

Nathan Marshburn

A Goal Oriented Existence

Now that I've settled into law school and seem to be firing on all cylinders, I've noticed that my existence has become quite goal oriented and goal driven. Undoubtedly this is to due to the competitive nature of law school and the legal profession.

Prior to being accepted to law schools, I was obsessed with my LSAT score, GPA and what I should say in the "Personal Statement" section of my applications.

Once I enrolled at FSU College of Law, these factors faded to the back of my mind, and I focused on doing well during the first round of exams. Once I received these grades, I analyzed where I stood and what I could do to differentiate myself. The Mock Trial competition was the first opportunity of the second semester for me, and I was fortunate enough to make the Mock Trial Team. Now at the present, I'm thinking about three things- finding a summer job with a law firm, the Moot Court tryouts in April and then the second round of exams in May.

All of this is part of the general push to land a great job once I've graduated. But I realize that once I begin my legal career, the goal oriented existence will not stop. As I prepare to go door to door with the law firms here in Tallahassee over spring break inquiring about possible summer work, I've done my research. The attorneys frequently list their biographies on their websites, and the information includes awards and honors they have received while in practice.

Honestly, I skim over that part of the biography and don't try to figure out what the various awards mean. It's just too far down the road. When I was preparing to take the LSAT, I was not thinking about making the Mock Trial Team at FSU. Now that I'm in the thick of it here in law school, I'm not thinking about what professional honors I'd like to receive once I become a lawyer... But that is coming.

My professor last semester was right- my legal career began when I started law school in August. It's a process of seeing one goal, either reaching it or not, analyzing where you stand, and then seeing the next goal, either reaching it or not, analyzing where you stand, and then seeing the next goal...

I'm not complaining one bit. A goal oriented existence is fine with me, and when I hit something I've set my sights on it really brings happiness. I know what failure is too, but I wipe those times out of my mind and look to the next horizon. It seems to be a pretty good way to navigate this existence.

Until Next Time,

Nathan Marshburn