The real world is fast approaching. Only one more semester of law school remains for me, if everything goes according to plan.
One of the things that I will miss most about law school is being around a bunch of bright and witty people in their early and mid 20s. My brain tells me that I am the same age as this group. If I did not know how old I was, I would say that I am 23. The face I see in the mirror is beginning to tell me a different story, though. Almost all of my friends from high school and college are now married with children. Quite a few have found me on Facebook after years without contact. It is startling how different some of them look. I wonder if I appear just as different to them.
A great thing about hanging out with law school students is that they help keep me on track with what is cool. I've never had a feel for that. When I was in high school, I remember playing in a pick up basketball game. One guy in particular trash talked a lot. I sank a shot in his face, and then tried to come up with some cool and original trash talk of my own. I can't remember what I said, but everyone stopped playing and burst into laughter. One of my teammates looked at me and said, "Dude, you just lost mad cool points." I had to laugh, too, as I'd never heard that phrase before.
While I may never be able to recognize on my own what is cool, being around students has helped. If I had never gone back to school, it is doubtful that I ever would have learned that wearing your shirt tail outside of your jeans is cool (if the shirt tail is not too long). I never would have learned that dark jeans are cooler than light jeans (the exact opposite of when I grew up), that my jeans should be so long that they are almost dragging the floor, that Mad Men is a cool TV show (I've watched three or four episodes- I guess I can see why), that Jersey Shore is also a cool TV show (though just why it is cool is more of a puzzle to me), that running in bulky sweat clothes is not as cool as running in sleek spandex type material which will keep you just as warm, that The North Face brand name is cool, that denim collars are not cool, and neither are sweaters that Bill Cosby might wear (at least such sweaters are not cool on me). I also would never have established a Facebook account if I had not gone back to school. Before I set up the account in 2007, I asked a friend which would be better- Facebook or MySpace. He replied, "MySpace is so 2006." There are also dozens of cool videos on YouTube or other websites that I never would have discovered on my own. The list can go on...
Of course, a lot of what is cool now will not be cool five years from now. And when I leave law school, I'll lose touch. It is somewhat of a concern for me, once I begin the practice of law. The school environment has made me happy. I hope I can stay happy once I am sitting behind a desk at a law firm, just me and a computer screen for hours each day. Except for the occasional interruption of a partner or other lawyer coming in to talk to me, I will be alone with my thoughts. There will be no array of law school students to study and observe and with whom I can exchange ideas. I know that I will quickly lose all of my accumulated "cool points."
While I will hate to lose this ability to recognize cool people and things, I have long since become comfortable with the fact that I am usually not cool myself. I think there has been just one night in my whole life when I passed for cool, and I have law school to thank for it. That was the night that the Mock Trial Team called me to say that I'd made the team. I was at Potbelly's club when the team members called my cell phone. Many of those who tried out were enjoying a combined social event there with Florida State's law school and medical school students. Word got around that I had made the team. Girls came up to me as I stood along the wall and asked me to dance with them. Some called me a "Rock Star" and a "Baller." A few gave me looks like I've never seen directed at me before or since that night. For that moment in time, I was cool.
We will see what the future holds. I have no idea where I will be or what I will be doing one year from now. Hopefully, my hard work at Florida State Law will turn into a career where perhaps, just perhaps, I can enjoy a few more nights of passing for cool.
Until Next Time,
Nathan Marshburn
Wednesday, December 22, 2010
Friday, December 17, 2010
Back to the Future in the Civic Center Parking Lot
One night a few weeks ago, I left the law school library close to midnight. Walking up Pensacola Street toward the multi-decked garage where my car was located, I passed by the large and now totally empty Leon County Civic Center parking lot. It had rained that night, a warm soaking rain that made the orange glow of the street lamps reflect off the asphalt.
A lone car zoomed up from behind me on Pensacola, and then cut in front of me to zip into the Civic Center parking lot. I recognized it as an old model Toyota Celica.
To my fascination, the driver turned his wheels sharply and slid his car across the lot, nearly going up on two wheels. The driver began doing all sorts of sliding stunts at a high rate of speed. I stopped walking and leaned up against a railing to watch the show. He put his car in reverse, floored the gas pedal, then whipped the car around to speed forward. More than once, I thought the car was going to flip over.
The nighttime stunts in this large, empty lot reminded me immediately of a couple of scenes from Back to the Future, one of the great movies of the 80s and one of the best time travel movies ever made. In one scene from the film, Marty McFly has to get a DeLorean up to 88 mph in an empty mall parking lot to jump back in time and escape terrorists. At the end of the movie, there is another scene where Marty travels back to that same moment and is actually able to watch himself from a distance as the DeLorean races through the mall parking lot.
I felt a little like I was in a movie, leaning up against a railing and watching this car speeding and skidding across the lot. The driver continued his tricks for about two or three minutes before zooming out of the lot and away down Pensacola Street...
While this story has little to do with law school (and not to condone what was probably illegal activity), it was unique to come out of the law library after many hours of study and be entertained by a real life scene reminiscent of one of my favorite childhood movies.
I tried to find a movie clip on the Internet of the two scenes from Back to the Future that I am talking about. Nothing was very good, though. Instead, I found an enthralling clip on YouTube that a guy almost as nerdy as me about the movie has posted. He retraces in his own car the route that the DeLorean took through the actual Twin Pines Mall parking lot- only it is the daytime, cars are everywhere, and he is driving much, much slower. Check it out. Or not.
http://www.youtube.com/watch?v=51c-lRPokj8
Until Next Time,
Nathan Marshburn
A lone car zoomed up from behind me on Pensacola, and then cut in front of me to zip into the Civic Center parking lot. I recognized it as an old model Toyota Celica.
To my fascination, the driver turned his wheels sharply and slid his car across the lot, nearly going up on two wheels. The driver began doing all sorts of sliding stunts at a high rate of speed. I stopped walking and leaned up against a railing to watch the show. He put his car in reverse, floored the gas pedal, then whipped the car around to speed forward. More than once, I thought the car was going to flip over.
The nighttime stunts in this large, empty lot reminded me immediately of a couple of scenes from Back to the Future, one of the great movies of the 80s and one of the best time travel movies ever made. In one scene from the film, Marty McFly has to get a DeLorean up to 88 mph in an empty mall parking lot to jump back in time and escape terrorists. At the end of the movie, there is another scene where Marty travels back to that same moment and is actually able to watch himself from a distance as the DeLorean races through the mall parking lot.
I felt a little like I was in a movie, leaning up against a railing and watching this car speeding and skidding across the lot. The driver continued his tricks for about two or three minutes before zooming out of the lot and away down Pensacola Street...
While this story has little to do with law school (and not to condone what was probably illegal activity), it was unique to come out of the law library after many hours of study and be entertained by a real life scene reminiscent of one of my favorite childhood movies.
I tried to find a movie clip on the Internet of the two scenes from Back to the Future that I am talking about. Nothing was very good, though. Instead, I found an enthralling clip on YouTube that a guy almost as nerdy as me about the movie has posted. He retraces in his own car the route that the DeLorean took through the actual Twin Pines Mall parking lot- only it is the daytime, cars are everywhere, and he is driving much, much slower. Check it out. Or not.
http://www.youtube.com/watch?v=51c-lRPokj8
Until Next Time,
Nathan Marshburn
Friday, December 10, 2010
Exams, Gator Tail and a Cold Front
My fifth round of law school exams is now behind me. As exam seasons go, this time was less stressful than the other four. Most probably, it was due to experience and that I was pleased with how much I learned in studying for exams. A couple of classes came together for me more clearly over the last three weeks once I started preparing for the exam.
Still, it was a push. I remember one day this week, being in the library at a table and reading my class notes. A very bright friend of mine walked past the table. He is a fellow third year student, and on the law review. He was also in my "section" during the first year, meaning we had all of our first year classes together. You make a special bond with those students. As he walked past my table, he and I exchanged knowing looks. We'd both been through this before, and at that moment we were both in the thicket. We both knew what had to be done to be successful. He returned to his desk, and I looked back down to my notes as we continued our hours and hours of review... Now, I wait for the grades.
Before exams began, though, I took time to enjoy a huge annual event that alternates between Tallahassee and Gainesville- the football game between the Florida State Seminoles and the University of Florida Gators. Well over 80,000 people crowded into Doak Campbell Stadium on November 27th to watch the game.
At the tail gate prior to the game, I had the opportunity to taste gator tail for the first time in my life. This was not alligator meat that someone bought from the grocery store. One of my law school friends has a brother who actually went into the swamp on a fan boat and killed this gator with a bang stick.
They deep fried the meat right at the tail gate. It looked like chicken nuggets, and at first it tasted like chicken nuggets, too. After my fourth bite, though, a sort of gamey flavor covered my tongue- almost like a chemical. I was done. It was neat to try this new food, but I am also glad that they had hamburgers.
The football game itself was enjoyable, too. Florida State routed the Gators for the first time in several years. A large number of Florida State Law students were unhappy about that, though, as they spent their undergraduate years at UF...
A few days later, another new thing happened to me. I was walking back from the Suwannee Room dining hall, up Jefferson Street toward the law school. The sky had been patchy grey with clouds all day. Now it was after dark, but the weather was pleasantly warm enough to be dressed in a t-shirt and shorts. I reached the intersection of Macomb and Jefferson Streets, where the law school is. Cars were parked everywhere. Across from the law school is Leon County Civic Center, where Florida State plays its basketball games. At that moment, the men's team was taking on the #2 ranked Ohio State Buckeyes as part of the ACC/Big 10 challenge.
As I crossed the street to go into the library, a gust of frigid air struck me from out of nowhere. It suddenly became very windy, with tree limbs bending and leaves and twigs flying all over.
I realized that I had just experienced the very front edge of a cold front. This was the night of November 30th. By the next morning, the temperature had dropped drastically. I went for a run that day in ear muffs for the first time this season. On the morning of December 2nd, I had to scrape ice off of my car windows. It is still getting below freezing at night right now...
So, exams are done. I debated going out to celebrate with the first year students. I remember well what a huge relief it was to be done after both my first and second semesters of law school. But I think I will let the first years have this moment to themselves. They have their own "sections" with whom they have bonded, and I would have to work hard to match their energy level tonight, anyway.
So, it is off to North Carolina to celebrate Christmas with the family.
Until Next Time,
Nathan Marshburn
Still, it was a push. I remember one day this week, being in the library at a table and reading my class notes. A very bright friend of mine walked past the table. He is a fellow third year student, and on the law review. He was also in my "section" during the first year, meaning we had all of our first year classes together. You make a special bond with those students. As he walked past my table, he and I exchanged knowing looks. We'd both been through this before, and at that moment we were both in the thicket. We both knew what had to be done to be successful. He returned to his desk, and I looked back down to my notes as we continued our hours and hours of review... Now, I wait for the grades.
Before exams began, though, I took time to enjoy a huge annual event that alternates between Tallahassee and Gainesville- the football game between the Florida State Seminoles and the University of Florida Gators. Well over 80,000 people crowded into Doak Campbell Stadium on November 27th to watch the game.
At the tail gate prior to the game, I had the opportunity to taste gator tail for the first time in my life. This was not alligator meat that someone bought from the grocery store. One of my law school friends has a brother who actually went into the swamp on a fan boat and killed this gator with a bang stick.
They deep fried the meat right at the tail gate. It looked like chicken nuggets, and at first it tasted like chicken nuggets, too. After my fourth bite, though, a sort of gamey flavor covered my tongue- almost like a chemical. I was done. It was neat to try this new food, but I am also glad that they had hamburgers.
The football game itself was enjoyable, too. Florida State routed the Gators for the first time in several years. A large number of Florida State Law students were unhappy about that, though, as they spent their undergraduate years at UF...
A few days later, another new thing happened to me. I was walking back from the Suwannee Room dining hall, up Jefferson Street toward the law school. The sky had been patchy grey with clouds all day. Now it was after dark, but the weather was pleasantly warm enough to be dressed in a t-shirt and shorts. I reached the intersection of Macomb and Jefferson Streets, where the law school is. Cars were parked everywhere. Across from the law school is Leon County Civic Center, where Florida State plays its basketball games. At that moment, the men's team was taking on the #2 ranked Ohio State Buckeyes as part of the ACC/Big 10 challenge.
As I crossed the street to go into the library, a gust of frigid air struck me from out of nowhere. It suddenly became very windy, with tree limbs bending and leaves and twigs flying all over.
I realized that I had just experienced the very front edge of a cold front. This was the night of November 30th. By the next morning, the temperature had dropped drastically. I went for a run that day in ear muffs for the first time this season. On the morning of December 2nd, I had to scrape ice off of my car windows. It is still getting below freezing at night right now...
So, exams are done. I debated going out to celebrate with the first year students. I remember well what a huge relief it was to be done after both my first and second semesters of law school. But I think I will let the first years have this moment to themselves. They have their own "sections" with whom they have bonded, and I would have to work hard to match their energy level tonight, anyway.
So, it is off to North Carolina to celebrate Christmas with the family.
Until Next Time,
Nathan Marshburn
Wednesday, November 24, 2010
Mock Trial and Moot Court Excellence
In law school, there are any number of extracurricular organizations that can boost your resume and lead to job offers. At Florida State Law, arguably the most important three are Law Review, the Moot Court Team, and the Mock Trial Team.
But a student can not simply sign up for one or all of these organizations. Law Review has a "write-on" competition where students submit briefs or memorandums and hope to be selected. A student may also submit a paper of quality to the Law Review. If the editorial staff decides to publish the paper, then that student is also extended an invitation to become a member. The Moot Court and Mock Trial Teams each have their own tryout process to choose new members as well.
The FSU Moot Court Team has enjoyed quite a bit of success in recent competitions, and now the FSU Mock Trial Team can add to the trophy case with them. Last weekend, Mock Trial Team members Thomas Philpot, Ryan Hoyle, Eliott Smith, and Matt Minnick won the Earle Zehmer Mock Trial Competition in Tampa. Their success comes on the heels of a finals appearance by another group of four from the Mock Trial Team at the American Bar Association Mock Trial Tournament in Miami. This semester, we also had teams reach the semifinals at the Lone Star Competition in San Antonio and the Buffalo-Niagara Competition in Buffalo, NY.
As for the Moot Court Team, on November 10th I was privileged to see a second Final Four Competition at the Florida Supreme Court. In this competition, the top four new members of the team go against each other in front of the Justices of the Florida Supreme Court.
I remember last year how nervous I felt walking into the chamber, and I was not even the one competing. All the people, the high ceiling, the plush carpet, and the oil canvass paintings lining the walls seemed pretty intimidating. I wrote an entry about that experience back on November 14 of last year. This time around, I was more accustomed to the room and the presence of the justices, but I still felt nervous for my friends who were competing.
They all did great. Tara Klimek, who won the best advocate award earlier this semester at the Wayne Hogan Mock Trial Intramural Competition, also took home the prize for the best advocate here. Tara is the only person during my three years at FSU Law to be selected for the Moot Court Team, the Mock Trial Team, and Law Review. She is a real all-star.
The competition was close. Alexandra Haddad, Jourdan Neal, and Molly Drake gave memorable arguments before the justices. I enjoyed listening to them. Two of my friends (and competitors from last year), Tiffany Roddenberry and Brian Bohm, served as the principal coaches. Tiffany and Brian did a great job of preparing the four students for the experience.
It's nice to be in a place where I am surrounded by so many bright, talented, and friendly people.
*As usual, if I have used your name in this entry and you don't want it returning a hit on the Internet, please let me know and I will remove it.
Until Next Time,
Nathan Marshburn
But a student can not simply sign up for one or all of these organizations. Law Review has a "write-on" competition where students submit briefs or memorandums and hope to be selected. A student may also submit a paper of quality to the Law Review. If the editorial staff decides to publish the paper, then that student is also extended an invitation to become a member. The Moot Court and Mock Trial Teams each have their own tryout process to choose new members as well.
The FSU Moot Court Team has enjoyed quite a bit of success in recent competitions, and now the FSU Mock Trial Team can add to the trophy case with them. Last weekend, Mock Trial Team members Thomas Philpot, Ryan Hoyle, Eliott Smith, and Matt Minnick won the Earle Zehmer Mock Trial Competition in Tampa. Their success comes on the heels of a finals appearance by another group of four from the Mock Trial Team at the American Bar Association Mock Trial Tournament in Miami. This semester, we also had teams reach the semifinals at the Lone Star Competition in San Antonio and the Buffalo-Niagara Competition in Buffalo, NY.
As for the Moot Court Team, on November 10th I was privileged to see a second Final Four Competition at the Florida Supreme Court. In this competition, the top four new members of the team go against each other in front of the Justices of the Florida Supreme Court.
I remember last year how nervous I felt walking into the chamber, and I was not even the one competing. All the people, the high ceiling, the plush carpet, and the oil canvass paintings lining the walls seemed pretty intimidating. I wrote an entry about that experience back on November 14 of last year. This time around, I was more accustomed to the room and the presence of the justices, but I still felt nervous for my friends who were competing.
They all did great. Tara Klimek, who won the best advocate award earlier this semester at the Wayne Hogan Mock Trial Intramural Competition, also took home the prize for the best advocate here. Tara is the only person during my three years at FSU Law to be selected for the Moot Court Team, the Mock Trial Team, and Law Review. She is a real all-star.
The competition was close. Alexandra Haddad, Jourdan Neal, and Molly Drake gave memorable arguments before the justices. I enjoyed listening to them. Two of my friends (and competitors from last year), Tiffany Roddenberry and Brian Bohm, served as the principal coaches. Tiffany and Brian did a great job of preparing the four students for the experience.
It's nice to be in a place where I am surrounded by so many bright, talented, and friendly people.
*As usual, if I have used your name in this entry and you don't want it returning a hit on the Internet, please let me know and I will remove it.
Until Next Time,
Nathan Marshburn
Sunday, November 21, 2010
The Tallahassee Little Theater
Last night, I experienced another pleasant side of Tallahassee. As my friend and fellow mock trial team member, John, told me, many of us in law school have our outside interests to help keep a balance in law school. A significant number of students are marathon runners, for instance. I write a blog. John's hobby is acting, and for fun he participates in community theater.
John invited me to a production of Agatha Christie's Witness for the Prosecution at the Tallahassee Little Theater. I went to see the show last night, and I was very impressed.
The story takes place in London in 1953. Leonard Vole, a financially strapped young man, has been charged with the murder of a wealthy older lady who befriended him. All the evidence is stacked against Leonard, and the only person who can give any support at all to his version of what happened is his "adoring..?" wife, Romaine. So the story and creative plot twists begin.
My friend had a large part in the play, beginning in the second act. He played Mr. Myers, the prosecutor. John did a great job. I recognized some of his antics and mannerisms from mock trial practice or competitions, and on more than one occasion he caused both the audience and myself to burst out in laughter. I spoke with John afterwards to tell him that I liked the performance. As exams are coming up, he was in a hurry to get out of his wig and costume, return home and continue his course outlines.
The theater building itself is quite nice. I did not count how many audience members it will hold, but it is small. There is no "bad seat" in the house, and the ceiling is shaped so that sound carries marvelously. A person on the back row of the audience could hear an articulate whisper from the stage.
Last night was an enjoyable evening. If I stay in Tallahassee long enough, I will certainly visit the Tallahassee Little Theater again. I highly recommend it. Upcoming productions include The Foreigner and Cabaret.
Until Next Time,
Nathan Marshburn
John invited me to a production of Agatha Christie's Witness for the Prosecution at the Tallahassee Little Theater. I went to see the show last night, and I was very impressed.
The story takes place in London in 1953. Leonard Vole, a financially strapped young man, has been charged with the murder of a wealthy older lady who befriended him. All the evidence is stacked against Leonard, and the only person who can give any support at all to his version of what happened is his "adoring..?" wife, Romaine. So the story and creative plot twists begin.
My friend had a large part in the play, beginning in the second act. He played Mr. Myers, the prosecutor. John did a great job. I recognized some of his antics and mannerisms from mock trial practice or competitions, and on more than one occasion he caused both the audience and myself to burst out in laughter. I spoke with John afterwards to tell him that I liked the performance. As exams are coming up, he was in a hurry to get out of his wig and costume, return home and continue his course outlines.
The theater building itself is quite nice. I did not count how many audience members it will hold, but it is small. There is no "bad seat" in the house, and the ceiling is shaped so that sound carries marvelously. A person on the back row of the audience could hear an articulate whisper from the stage.
Last night was an enjoyable evening. If I stay in Tallahassee long enough, I will certainly visit the Tallahassee Little Theater again. I highly recommend it. Upcoming productions include The Foreigner and Cabaret.
Until Next Time,
Nathan Marshburn
Friday, November 12, 2010
Having Fun
FSU Law has a great academic reputation, particularly in Florida and the southeastern United States. It is well deserved. As I have said in the past, some of the most intelligent people I have ever met in my life are on the faculty and within the student body here. The students are competitive and work very hard for their success.
I wonder, though, if other law schools also have as much fun as we do...
FSU's arch rival is the University of Florida Gators. There are actually more students here at the law school who earned their bachelors' degrees from UF than from any other school. As such, these student have formed their own organization, the LitiGATORS. In addition to their community service, the LitiGATORS have started the tradition of "Rivalry Week," which culminated yesterday with the second annual powder puff football game and the first annual Mr. FSU Law Pageant last night.
The President of the LitiGATORS, one of the prettiest and nicest girls you will ever meet, decorated the law school lobby last week. She recruited another beautiful and friendly female who graduated from Florida State to help her. Together, they did a wonderful job of transforming the lobby. The railings of two sets of stairs going up three flights were wrapped in the school colors- garnet and gold for FSU and blue and orange for UF. Creative and artful homemade signs displayed slogans and taunts throughout the lobby, and a fancy banner declaring "Rivalry Week" hung high in the air, suspended between the two stair cases. For each day leading up to the game, the girls wore cute little outfits with their school colors.
It really was a good time. At the powder puff football game on the law school green, a student dressed as Chief Osceola rode a white motor scooter that passed for his horse, "Renegade." He threw down a flaming toy spear to get the game started.
A couple of buff guys, one with his entire body painted gold, the other painted garnet, cheered on the teams.
The FSU Cowgirls, a beautiful fixture at real FSU football games, were there yesterday, too. Only these cowgirls were not nearly as pretty. They wore wigs, had considerably more hair on their legs, and also possessed strange shapes on their chests under their shirts.
Last year, the game itself was a blowout in favor of FSU. It was the same story this year, though UF's team had improved considerably. A friend of mine stood along the sidelines with me, cheering on FSU. He told me that he had a bet riding on the point margin by which FSU would win. The bet was a bag of Doritos.
"It's buffalo wing Doritos," he said. "Not the regular nachos. I'm a high roller."
The score eventually got out of hand and we stopped cheering so hard, so as not to rub it in. But to me, the most hilarious part of the game was my friend continuing to pull for the point spread. When FSU finally scored the needed touchdown, there he was, alone and clapping his hands over his head. His voice rang out over the field, "Yeaaaah! Cover that spread!"...
And then last night, we celebrated the Mr. FSU Law Pageant at Clyde and Costello's club in downtown Tallahassee. Six guys participated in the pageant. They were first introduced to the judges in professional attire. Next was a swimsuit competition, and finally a talent contest.
I won't describe everything that went on there, but it was quite a show.
This was the last major law school social before exams. In fact, not many first year law school students attended yesterday. While these 1Ls could probably use the study break, I understand how they must feel. I could not have relaxed enough to enjoy a flag football game or a pageant during my first semester, either. The voice in my head would be yelling at me, "You're risking flunking out of law school to watch a powder puff game and a man pageant?"
Still, it is nice to be at a great school where people also know how to enjoy themselves and have fun.
Until Next Time,
Nathan Marshburn
I wonder, though, if other law schools also have as much fun as we do...
FSU's arch rival is the University of Florida Gators. There are actually more students here at the law school who earned their bachelors' degrees from UF than from any other school. As such, these student have formed their own organization, the LitiGATORS. In addition to their community service, the LitiGATORS have started the tradition of "Rivalry Week," which culminated yesterday with the second annual powder puff football game and the first annual Mr. FSU Law Pageant last night.
The President of the LitiGATORS, one of the prettiest and nicest girls you will ever meet, decorated the law school lobby last week. She recruited another beautiful and friendly female who graduated from Florida State to help her. Together, they did a wonderful job of transforming the lobby. The railings of two sets of stairs going up three flights were wrapped in the school colors- garnet and gold for FSU and blue and orange for UF. Creative and artful homemade signs displayed slogans and taunts throughout the lobby, and a fancy banner declaring "Rivalry Week" hung high in the air, suspended between the two stair cases. For each day leading up to the game, the girls wore cute little outfits with their school colors.
It really was a good time. At the powder puff football game on the law school green, a student dressed as Chief Osceola rode a white motor scooter that passed for his horse, "Renegade." He threw down a flaming toy spear to get the game started.
A couple of buff guys, one with his entire body painted gold, the other painted garnet, cheered on the teams.
The FSU Cowgirls, a beautiful fixture at real FSU football games, were there yesterday, too. Only these cowgirls were not nearly as pretty. They wore wigs, had considerably more hair on their legs, and also possessed strange shapes on their chests under their shirts.
Last year, the game itself was a blowout in favor of FSU. It was the same story this year, though UF's team had improved considerably. A friend of mine stood along the sidelines with me, cheering on FSU. He told me that he had a bet riding on the point margin by which FSU would win. The bet was a bag of Doritos.
"It's buffalo wing Doritos," he said. "Not the regular nachos. I'm a high roller."
The score eventually got out of hand and we stopped cheering so hard, so as not to rub it in. But to me, the most hilarious part of the game was my friend continuing to pull for the point spread. When FSU finally scored the needed touchdown, there he was, alone and clapping his hands over his head. His voice rang out over the field, "Yeaaaah! Cover that spread!"...
And then last night, we celebrated the Mr. FSU Law Pageant at Clyde and Costello's club in downtown Tallahassee. Six guys participated in the pageant. They were first introduced to the judges in professional attire. Next was a swimsuit competition, and finally a talent contest.
I won't describe everything that went on there, but it was quite a show.
This was the last major law school social before exams. In fact, not many first year law school students attended yesterday. While these 1Ls could probably use the study break, I understand how they must feel. I could not have relaxed enough to enjoy a flag football game or a pageant during my first semester, either. The voice in my head would be yelling at me, "You're risking flunking out of law school to watch a powder puff game and a man pageant?"
Still, it is nice to be at a great school where people also know how to enjoy themselves and have fun.
Until Next Time,
Nathan Marshburn
Sunday, November 7, 2010
The Gey 5K
One of the most beloved professors at Florida State College of Law, Steven Gey, had the misfortune of being diagnosed with ALS, or Lou Gehrig's disease, over three years ago. I have never had a chance to meet Professor Gey, though from what students and professors who know him have said, I understand that he is a renowned scholar on constitutional law and an outstanding teacher as well.
For the third year now since his diagnosis, friends of Professor Gey have organized a 5K run to encourage him and to raise money to find a cure for Lou Gehrig's disease.
When someone is diagnosed with ALS, doctors estimate that he or she has three years to live. Professor Gey, fighter that he is, has outlasted the predictions. Amazingly, he continues to write. As a professor told us today, he has a new computer that can sense the movements in his thigh muscles, enabling him to type.
This morning, I participated in my second Gey 5K run. It started at the FAMU/FSU Department of Engineering in Innovation Park and looped around the National Magnetic Laboratory.
The top runner finished in somewhere under 18 minutes. Overall, I was pleased with my results. My time was 23:20, about 20 seconds faster than my time last year at this same race. Part of my improvement may have been the course. Although I could not tell any difference in the difficulty, other runners said this course was easier. Last year, we started and ended at the law school (in a different part of Tallahassee from Innovation Park). The first half of that run was almost all downhill, while the last half was almost all uphill.
Perhaps the main reason I did a little better, though, is that this year a friend did the 5K with me. She runs marathons, and set a faster pace than I would have attempted if I had been on my own.
I debated whether or not I should try trash talking to her before the race began. Ultimately, I decided to keep my mouth shut-- which was a good thing.
For about three quarters of the race, I kept up with her. We came to a hill toward the end. I made it to the top with her. But then a little wave of nausea hit me. Then a little wave of dizziness hit me and the spring in my legs disappeared. So I hoarsely whispered good bye to her back, and she was gone. She finished the race second among the females and earned some prize money. Luckily, I recovered enough to only be passed by two people in the home stretch.
It was fun to match my stamina against my friend in a race that supports a great cause and a great person. I hope Professor Gey continues his courageous fight, so that perhaps next year I can compete again- either against my own time or against my friend.
For a more detailed blog of the event, see the below link:
http://www.facebook.com/l.php?u=http%3A%2F%2Ftroubleafoot.blogspot.com%2F2010%2F11%2Fgey-2010.html&h=d7591
Until Next Time,
Nathan Marshburn
For the third year now since his diagnosis, friends of Professor Gey have organized a 5K run to encourage him and to raise money to find a cure for Lou Gehrig's disease.
When someone is diagnosed with ALS, doctors estimate that he or she has three years to live. Professor Gey, fighter that he is, has outlasted the predictions. Amazingly, he continues to write. As a professor told us today, he has a new computer that can sense the movements in his thigh muscles, enabling him to type.
This morning, I participated in my second Gey 5K run. It started at the FAMU/FSU Department of Engineering in Innovation Park and looped around the National Magnetic Laboratory.
The top runner finished in somewhere under 18 minutes. Overall, I was pleased with my results. My time was 23:20, about 20 seconds faster than my time last year at this same race. Part of my improvement may have been the course. Although I could not tell any difference in the difficulty, other runners said this course was easier. Last year, we started and ended at the law school (in a different part of Tallahassee from Innovation Park). The first half of that run was almost all downhill, while the last half was almost all uphill.
Perhaps the main reason I did a little better, though, is that this year a friend did the 5K with me. She runs marathons, and set a faster pace than I would have attempted if I had been on my own.
I debated whether or not I should try trash talking to her before the race began. Ultimately, I decided to keep my mouth shut-- which was a good thing.
For about three quarters of the race, I kept up with her. We came to a hill toward the end. I made it to the top with her. But then a little wave of nausea hit me. Then a little wave of dizziness hit me and the spring in my legs disappeared. So I hoarsely whispered good bye to her back, and she was gone. She finished the race second among the females and earned some prize money. Luckily, I recovered enough to only be passed by two people in the home stretch.
It was fun to match my stamina against my friend in a race that supports a great cause and a great person. I hope Professor Gey continues his courageous fight, so that perhaps next year I can compete again- either against my own time or against my friend.
For a more detailed blog of the event, see the below link:
http://www.facebook.com/l.php?u=http%3A%2F%2Ftroubleafoot.blogspot.com%2F2010%2F11%2Fgey-2010.html&h=d7591
Until Next Time,
Nathan Marshburn
Sunday, October 24, 2010
Spanakopita, Ouzo and a Bouzouki
Yesterday, for the third time in my life, I attended a Greek food festival. My first time was at a Greek Orthodox church in Wilmington, North Carolina a few years ago. The other two have been here. Each fall, the Holy Mother of God Greek Orthodox Church in Tallahassee hosts the event. The crowds are enormous and the lines can be very long. It is worth the trip and the wait, though.
I also attended the festival in 2008 during my first year of law school, along with some of the new friends I made. Volunteers served most of the food from underneath tents set up outside the church, but the dessert pastries were inside the building. Along with a new friend, I stood in a line that wrapped around the church and then wove inside like a maze before we made it to the sweet stuff. After buying some cookies, my friend and I pushed open a door to exit the church. We almost knocked down an old man standing on the other side. In typical new 1L fashion, I began to recite to my friend why he would be subject to tort liability, and he in turn responded with the standard defenses.
That night in 2008, I ate Spanakopita, a Greek spinach pie, for the first time in my life. I remember how delicious it was.
The dozens of dining tables under the tents were all occupied, so I sat down on a cinder block at the corner of a parking lot with my Spanakopita and a can of Pepsi. The weather was fantastic. I watched the crowd, looked up at the stars, tasted my food and drink, and noted that at that moment, I was very happy...
Yesterday, I went back to this same festival with many of my same friends from 2008. This time, we went at lunch because of the smaller crowds and the ability to get a table. Again, I had Spanakopita to eat. Again, it was delicious. My friends also convinced me to try a shot of Ouzo, a clear but fiery Greek liquor flavored with anise. I felt the drink go all the way down my esophagus and into my stomach.
One shot was enough to make the guy sitting beside me feel the effects. I was okay after one drink, though I am sure another would have gone to my head a little.
We listened to a Greek band play traditional music. The string player was exceptionally good. During one song, he left the stage, leaped up on a table in front of us and began playing his guitar/banjo type instrument behind his head. The crowd applauded him with rhythmic clapping and shouts. A friend of mine who is also Greek explained that his instrument was called a bouzouki.
So, yesterday was a good day. I had a great meal and listened to my friends talk about things such as their comically bad haunted house tour in Monticello the night before. It was another happy moment from law school and Tallahassee.
Until Next Time,
Nathan Marshburn
I also attended the festival in 2008 during my first year of law school, along with some of the new friends I made. Volunteers served most of the food from underneath tents set up outside the church, but the dessert pastries were inside the building. Along with a new friend, I stood in a line that wrapped around the church and then wove inside like a maze before we made it to the sweet stuff. After buying some cookies, my friend and I pushed open a door to exit the church. We almost knocked down an old man standing on the other side. In typical new 1L fashion, I began to recite to my friend why he would be subject to tort liability, and he in turn responded with the standard defenses.
That night in 2008, I ate Spanakopita, a Greek spinach pie, for the first time in my life. I remember how delicious it was.
The dozens of dining tables under the tents were all occupied, so I sat down on a cinder block at the corner of a parking lot with my Spanakopita and a can of Pepsi. The weather was fantastic. I watched the crowd, looked up at the stars, tasted my food and drink, and noted that at that moment, I was very happy...Yesterday, I went back to this same festival with many of my same friends from 2008. This time, we went at lunch because of the smaller crowds and the ability to get a table. Again, I had Spanakopita to eat. Again, it was delicious. My friends also convinced me to try a shot of Ouzo, a clear but fiery Greek liquor flavored with anise. I felt the drink go all the way down my esophagus and into my stomach.
One shot was enough to make the guy sitting beside me feel the effects. I was okay after one drink, though I am sure another would have gone to my head a little.We listened to a Greek band play traditional music. The string player was exceptionally good. During one song, he left the stage, leaped up on a table in front of us and began playing his guitar/banjo type instrument behind his head. The crowd applauded him with rhythmic clapping and shouts. A friend of mine who is also Greek explained that his instrument was called a bouzouki.
So, yesterday was a good day. I had a great meal and listened to my friends talk about things such as their comically bad haunted house tour in Monticello the night before. It was another happy moment from law school and Tallahassee.
Until Next Time,
Nathan Marshburn
Saturday, October 16, 2010
Phonathon
Each year, the law school conducts a three week campaign to collect donations from our graduates. It is called the Alumni Fund Drive or "Phonathon." The money received goes to support various activities at the law school, from scholarships to bringing in guest speakers.
This year I am participating as a caller. "The Red Room," an ornate chamber in the law school rotunda, has been converted into a phone bank where I sit at tables with other law school students and place calls to our alumni all over the country.
It is fun, especially when I get a big donation. The job is very much like sales. To enjoy it and be good at it, I have to purge my mind of negative thoughts and focus on having a positive attitude. I make myself smile when I am on the phone, and I try to envision that the person I am talking with is right in front of me. Of course, these techniques do not always work, and the job gives me some practice in handling rejection- practice that can be quite mentally healthy if I use it the right way. The biggest challenge for me as a caller is actually getting the person I want to talk to on the line, as opposed to voicemail or a secretary saying he or she is not available. When I get the person, a little thrill goes through me as I know my chances for success just went way up.
This year, Phonathon is a little different in that the administrator from Alumni Affairs who usually runs it is out on maternity leave. One of the deans of the law school, Nancy Benavides, and another employee from Student Affairs, Sarah Lowe, have done superbly in transitioning from their normal duties to conduct this event. They are excellent at keeping the student callers motivated and the positive energy flowing. I have worked directly with Sarah in the past, during The Summer for Undergraduates Program. Her versatility and efficiency has always impressed me. Dean Benavides, too, has shown great skill in performing a type of job that may or may not come naturally to her.
Phonathon will continue for two more weeks. Hopefully, we can reach our donation goals. The cause certainly aids the school. Alumni who give help our school ranking in US News and World Report (the magazine uses the statistic of alumni who give as a gauge of satisfaction with their education). The Alumni Fund Drive also provides students with a chance to talk to our attorneys across Florida and the country. One student and friend of mine making calls with me got asked to send in his resume for a possible summer clerkship. Many good things can come from Phonathon, in addition to funds for the school.
Until Next Time,
Nathan Marshburn
This year I am participating as a caller. "The Red Room," an ornate chamber in the law school rotunda, has been converted into a phone bank where I sit at tables with other law school students and place calls to our alumni all over the country.
It is fun, especially when I get a big donation. The job is very much like sales. To enjoy it and be good at it, I have to purge my mind of negative thoughts and focus on having a positive attitude. I make myself smile when I am on the phone, and I try to envision that the person I am talking with is right in front of me. Of course, these techniques do not always work, and the job gives me some practice in handling rejection- practice that can be quite mentally healthy if I use it the right way. The biggest challenge for me as a caller is actually getting the person I want to talk to on the line, as opposed to voicemail or a secretary saying he or she is not available. When I get the person, a little thrill goes through me as I know my chances for success just went way up.
This year, Phonathon is a little different in that the administrator from Alumni Affairs who usually runs it is out on maternity leave. One of the deans of the law school, Nancy Benavides, and another employee from Student Affairs, Sarah Lowe, have done superbly in transitioning from their normal duties to conduct this event. They are excellent at keeping the student callers motivated and the positive energy flowing. I have worked directly with Sarah in the past, during The Summer for Undergraduates Program. Her versatility and efficiency has always impressed me. Dean Benavides, too, has shown great skill in performing a type of job that may or may not come naturally to her.
Phonathon will continue for two more weeks. Hopefully, we can reach our donation goals. The cause certainly aids the school. Alumni who give help our school ranking in US News and World Report (the magazine uses the statistic of alumni who give as a gauge of satisfaction with their education). The Alumni Fund Drive also provides students with a chance to talk to our attorneys across Florida and the country. One student and friend of mine making calls with me got asked to send in his resume for a possible summer clerkship. Many good things can come from Phonathon, in addition to funds for the school.
Until Next Time,
Nathan Marshburn
Thursday, October 7, 2010
The Bar Prep Battles
Last year I became a student sales representative for Kaplan PMBR- in part to avoid paying the approximate $3000 in tuition for a commercial bar preparation class, and in part to practice the skills I began to learn as a salesman at a car dealership in Las Vegas. After earning enough sales for a free class last year, this year I was asked to become the head student rep at the school.
When I first came to law school, I did not believe in the necessity of a bar preparatory course. I thought one of the primary purposes of law school was to teach me what I needed to know to pass the bar exam. After one semester, though, I learned that this not a goal of law school- at least not the better law schools. The best law schools in the country teach you to think about the ideas behind the law and why law has developed as it has. The "black letter law,"- what the law actually says in a given state- is what the bar exam tests, however.
I once tried to compliment a professor by telling her that I appreciated how much black letter law she taught in her course. Unfortunately, she did not take that as a compliment. Teaching the black letter law is the easy part, she told me. I now understand that many professors consider it beneath them to teach black letter law.
The commercial bar prep course a student takes after graduation from law school is supposed to teach the black letter law. The theory is that if you are smart enough to be in law school, then you are smart enough to learn the black letter law in the two months in between graduation and the administration of the bar exam.
The faculty of Florida State Law even recommends an outside bar prep course- though not one company specifically.
In Florida, there are really only two choices for a bar prep company- Kaplan PMBR or Barbri. Both companies offer a course that begins shortly after graduation in mid May and runs into July right up to the administration of the bar exam.
My experience as head sales rep for Kaplan PMBR thus far has been enjoyable and interesting. Many of the students treat sales like a game, which is fine. But for the regular employees of the companies, this sales business is their livelihood. Kaplan PMBR is part of a conglomerate owned by the Washington Post, and Barbri is a subsidiary of the Thomson Reuters information company. The customer base (law school students) is a captive one. Almost all of the students will eventually realize that they need a bar prep course. The competition for the enrollments of these students has been amusingly intense at times this semester.
It is fun. Trying to close a sale is a nice distraction from legal research, and the atmosphere of selling brings back some fond memories of Las Vegas for me. Law school selling is nothing like the sharks tank of a dealership where I worked out in the desert, though. The salesmen I met out in Vegas were some of the most colorful characters I have ever encountered. Perhaps in a future entry I will describe some of them.
Hopefully, the bar prep battles at Florida State Law bring good results for the students. Competition keeps the price from spiraling way up, though the courses are expensive enough as it is. The competition between Kaplan PMBR and Barbri also insures that the companies will do their best to offer a quality product that gets results.
The bar exam is now on the visible horizon. I filed my conversion application with the Florida Board of Bar Examiners earlier this week.
A bar prep course is a necessary part of the law school experience. So, see me if you want to enroll with a great program! : )
Until Next Time,
Nathan Marshburn
When I first came to law school, I did not believe in the necessity of a bar preparatory course. I thought one of the primary purposes of law school was to teach me what I needed to know to pass the bar exam. After one semester, though, I learned that this not a goal of law school- at least not the better law schools. The best law schools in the country teach you to think about the ideas behind the law and why law has developed as it has. The "black letter law,"- what the law actually says in a given state- is what the bar exam tests, however.
I once tried to compliment a professor by telling her that I appreciated how much black letter law she taught in her course. Unfortunately, she did not take that as a compliment. Teaching the black letter law is the easy part, she told me. I now understand that many professors consider it beneath them to teach black letter law.
The commercial bar prep course a student takes after graduation from law school is supposed to teach the black letter law. The theory is that if you are smart enough to be in law school, then you are smart enough to learn the black letter law in the two months in between graduation and the administration of the bar exam.
The faculty of Florida State Law even recommends an outside bar prep course- though not one company specifically.
In Florida, there are really only two choices for a bar prep company- Kaplan PMBR or Barbri. Both companies offer a course that begins shortly after graduation in mid May and runs into July right up to the administration of the bar exam.
My experience as head sales rep for Kaplan PMBR thus far has been enjoyable and interesting. Many of the students treat sales like a game, which is fine. But for the regular employees of the companies, this sales business is their livelihood. Kaplan PMBR is part of a conglomerate owned by the Washington Post, and Barbri is a subsidiary of the Thomson Reuters information company. The customer base (law school students) is a captive one. Almost all of the students will eventually realize that they need a bar prep course. The competition for the enrollments of these students has been amusingly intense at times this semester.
It is fun. Trying to close a sale is a nice distraction from legal research, and the atmosphere of selling brings back some fond memories of Las Vegas for me. Law school selling is nothing like the sharks tank of a dealership where I worked out in the desert, though. The salesmen I met out in Vegas were some of the most colorful characters I have ever encountered. Perhaps in a future entry I will describe some of them.
Hopefully, the bar prep battles at Florida State Law bring good results for the students. Competition keeps the price from spiraling way up, though the courses are expensive enough as it is. The competition between Kaplan PMBR and Barbri also insures that the companies will do their best to offer a quality product that gets results.
The bar exam is now on the visible horizon. I filed my conversion application with the Florida Board of Bar Examiners earlier this week.
A bar prep course is a necessary part of the law school experience. So, see me if you want to enroll with a great program! : )
Until Next Time,
Nathan Marshburn
Sunday, September 26, 2010
No Let Up
There is a saying about law school that I heard shortly after enrolling at FSU: "The first year, they scare you to death. The second year, they work you to death. The third year, they bore you to death."
I think perhaps that statement should apply to law school students in a good economy, or maybe to the very top students here right now. It does not exactly hold true for me.
The part about the first year is correct. I had no idea how I was doing that initial semester. Then exam grades posted and I had some notion of where I fit into the scheme.
In the second year, you are supposedly "worked to death" because you become more involved in the student organizations you were selected for in your first year, while also trying to find that summer associate job which will hopefully turn into an offer for full time associate upon graduation. By your third year of law school, you are supposed to be just ready to get out.
The problem, at least for me, is that there were not that many jobs to find during my second year due to the economy. I worked hard and became more involved in the Mock Trial Team, but really my class load stayed the same as my first year- which was plenty. The work load has remained at the same level for my third year as well.
What the classroom can teach me about becoming a good lawyer is reduced from my first and second years, but I am much too busy to be "bored to death." Some of my colleagues have said that they are going to enjoy this last year of law school. These friends of mine are smart enough to be able to work part time for firms during the week, take weekend trips, participate in time consuming extracurricular activities like Law Review, and still make great grades.
I have no such talent. I can not "wing it" in any part of law school. Grades take nearly 100% of my effort. As an example, one of my classes this semester is offered only for a pass/fail grade. We also have quizzes as part of that class grade rather than the entire thing riding on the final exam. For the first quiz, I tried to "wing it," and only studied for an hour. When the grades came back last week, mine was about the second lowest in the class.
So, there is work to be done. Right now, I am set to graduate with honors. I will have to keep my nose to the grindstone to have a shot at maintaining that position. Graduating with high honors is out of reach... And then we'll see what the future holds.
The students set for high honors in my class have certainly earned their spots and done much to further the academic reputation of the FSU College of Law. I was amused by the Facebook post of one a few weeks ago: "When class was cancelled my 1L year, I caught up on reading. 2L year? I applied to jobs. 3L year? I redecorate my bathroom...I'll try to remember that I'm a law school student and not a real housewife of Tallahassee." Several others near the top of the class clicked the "like" button for this post.
As for me, I would just like to have my apartment cleaned. I try to clean a little each day, but it is a losing battle.
Law school is enjoyable, though. I cannot deny it. Tonight I ate dinner at the Suwannee Room and watched a little of the Jets and Dolphins football game in Miami on the televisions. One friend from law school is actually at the game right now. Must be even nicer.
Until Next Time,
Nathan Marshburn
I think perhaps that statement should apply to law school students in a good economy, or maybe to the very top students here right now. It does not exactly hold true for me.
The part about the first year is correct. I had no idea how I was doing that initial semester. Then exam grades posted and I had some notion of where I fit into the scheme.
In the second year, you are supposedly "worked to death" because you become more involved in the student organizations you were selected for in your first year, while also trying to find that summer associate job which will hopefully turn into an offer for full time associate upon graduation. By your third year of law school, you are supposed to be just ready to get out.
The problem, at least for me, is that there were not that many jobs to find during my second year due to the economy. I worked hard and became more involved in the Mock Trial Team, but really my class load stayed the same as my first year- which was plenty. The work load has remained at the same level for my third year as well.
What the classroom can teach me about becoming a good lawyer is reduced from my first and second years, but I am much too busy to be "bored to death." Some of my colleagues have said that they are going to enjoy this last year of law school. These friends of mine are smart enough to be able to work part time for firms during the week, take weekend trips, participate in time consuming extracurricular activities like Law Review, and still make great grades.
I have no such talent. I can not "wing it" in any part of law school. Grades take nearly 100% of my effort. As an example, one of my classes this semester is offered only for a pass/fail grade. We also have quizzes as part of that class grade rather than the entire thing riding on the final exam. For the first quiz, I tried to "wing it," and only studied for an hour. When the grades came back last week, mine was about the second lowest in the class.
So, there is work to be done. Right now, I am set to graduate with honors. I will have to keep my nose to the grindstone to have a shot at maintaining that position. Graduating with high honors is out of reach... And then we'll see what the future holds.
The students set for high honors in my class have certainly earned their spots and done much to further the academic reputation of the FSU College of Law. I was amused by the Facebook post of one a few weeks ago: "When class was cancelled my 1L year, I caught up on reading. 2L year? I applied to jobs. 3L year? I redecorate my bathroom...I'll try to remember that I'm a law school student and not a real housewife of Tallahassee." Several others near the top of the class clicked the "like" button for this post.
As for me, I would just like to have my apartment cleaned. I try to clean a little each day, but it is a losing battle.
Law school is enjoyable, though. I cannot deny it. Tonight I ate dinner at the Suwannee Room and watched a little of the Jets and Dolphins football game in Miami on the televisions. One friend from law school is actually at the game right now. Must be even nicer.
Until Next Time,
Nathan Marshburn
Sunday, September 19, 2010
The Mock Trial Intramural Competition
This week saw the newest members of the Mock Trial Team go head to head against each other in an intramural competition. The contest is designed as a teaching mechanism to prepare the students for both future tournaments at other schools and for real trials later in their careers.
To get ready, the new members were largely taught by others on the team. Three 3L students and one recent graduate served as the coaches. They put in many hours training the new students on the basics of trial practice. Personally, I sat in on a couple of practices, and I also served as a "jury member" for two rounds of the competition.
The new guys are impressive. We have a good shot at winning some trophies this year, though I have also learned Mock Trial judging is so subjective that there is no way to predict outcomes with certainty.
Intramurals is the same type of competition that I went through last year, but it is much easier being on this side of it. I tried to give helpful feedback. At this stage, I think it is most important to build confidence in our new team members. We should make sure they know the skills to conduct a trial, but they should also believe that they can beat anyone who walks into the room. Attitude and charisma can sway a jury and dominate a trial, at least in my opinion. As Mr. Crump told me when I worked at his firm, "Give the jury popcorn and turn down the lights." A belief in your own abilities is essential to win a trial.
The President of the Mock Trial Team, Christian Cutillo, and the Intramural Chair, Corinne Koeppen, did a fantastic job in organizing the tournament and making sure things ran smoothly. Wayne Hogan, a prominent trial attorney and major benefactor of the law school and the Mock Trial Team, attended the reception and the championship round.
Congratulations to Tara Klimek, an outstanding 2L who won the "Best Advocate" award.
The intramural competition was a lot of fun and an important part of the Mock Trial Team experience. I enjoyed watching all the performances and seeing how hard everyone worked.
Once again, if I have used your name in this blog post and you want me to remove it, just Facebook me.
Until Next Time,
Nathan Marshburn
To get ready, the new members were largely taught by others on the team. Three 3L students and one recent graduate served as the coaches. They put in many hours training the new students on the basics of trial practice. Personally, I sat in on a couple of practices, and I also served as a "jury member" for two rounds of the competition.
The new guys are impressive. We have a good shot at winning some trophies this year, though I have also learned Mock Trial judging is so subjective that there is no way to predict outcomes with certainty.
Intramurals is the same type of competition that I went through last year, but it is much easier being on this side of it. I tried to give helpful feedback. At this stage, I think it is most important to build confidence in our new team members. We should make sure they know the skills to conduct a trial, but they should also believe that they can beat anyone who walks into the room. Attitude and charisma can sway a jury and dominate a trial, at least in my opinion. As Mr. Crump told me when I worked at his firm, "Give the jury popcorn and turn down the lights." A belief in your own abilities is essential to win a trial.
The President of the Mock Trial Team, Christian Cutillo, and the Intramural Chair, Corinne Koeppen, did a fantastic job in organizing the tournament and making sure things ran smoothly. Wayne Hogan, a prominent trial attorney and major benefactor of the law school and the Mock Trial Team, attended the reception and the championship round.
Congratulations to Tara Klimek, an outstanding 2L who won the "Best Advocate" award.
The intramural competition was a lot of fun and an important part of the Mock Trial Team experience. I enjoyed watching all the performances and seeing how hard everyone worked.
Once again, if I have used your name in this blog post and you want me to remove it, just Facebook me.
Until Next Time,
Nathan Marshburn
Friday, September 10, 2010
20 Hours with the Public Defender
One of the graduation requirements of the Florida State College of Law is to perform 20 hours of pro bono work. The school awards a certificate if you complete even more hours.
In the week prior to the beginning of classes, I worked for 20 hours at the Leon County Public Defender's office. To my surprise, I actually enjoyed it there. My job was to help the office with initial intake interviews, to talk with jail inmates about the pending charges against them and get their side of the story.
As the supervising attorney told me, dealing with the clients is about 75% of what attorneys in that office do. The intake interviews would give me a good feel for the nature of the job. If I did not like the face to face contact, he said, then perhaps work as a prosecutor would be more appropriate.
The technology to conduct the interviews was impressive- at least to me. I did not have to actually visit the jail. Instead, a small camera set on top of the computer monitor at my desk. I called the jail and identified the inmate with whom I needed to speak. The jail sent the inmate to one of several communication pods, labeled A through M. Each pod was equipped with a camera, monitor and telephone, and I could access any of the pods on my computer. When the inmate came into the pod and picked up the phone, I could see and hear him and he could see and hear me.
After about 20 hours of doing these interviews, I realized again how socially liberal I can be at times. I began to think that our criminal justice system needs serious revamping. Many of these inmates were locked up for felony possession of cocaine: A non-violent, victimless crime. The inmates charged with this crime almost universally admitted that they were addicts and needed help.
I fail to see how just locking these people up is more beneficial than putting them in a rehabilitation program. By allowing them to continue to work and be a part of society, they can support their families and have at least some hope when they wake up in the morning that this day will be better than the last.
I do not pretend to know what the solution to a drug addiction is. You almost certainly need a motivator that is stronger than the addiction. But using extreme fear and shame to get them to quit are not the first angles I would take. Putting someone in prison for a drug addiction is a sledge hammer of a remedy. It is an open question in my mind as to whether that remedy solves more problems than it creates. Imagine spending much of your life in a cement and metal cage/hole because you just can't beat the rush in your brain a white powder gives you when you are on the outside. What a sad, miserable existence.
Even if you go your whole life not being able to conquer that rush, why should the government constantly lash you so harshly for it? I can understand the public safety concerns of a person who is "high" and gets behind the wheel of a vehicle or if someone is under the influence and performing work dangerous to others. But most of these charges were not of that nature...
I also found the inmates themselves to be interesting characters, and I enjoyed listening to their stories and studying their mannerisms. While a few were certainly "rotten apples," it did not make them less intriguing. Talking to them was much more engaging to me than doing research on Westlaw or LexisNexis and billing hours.
If the Public Defender's Office could pay me $70,000- $80,000 per year to work there as an attorney, I would jump at the chance. Unfortunately, their salaries are much lower.
We will see where I end up upon graduation, but I know now that the Public Defender's Office is a place reasonably suited to my personality.
Until Next Time,
Nathan Marshburn
In the week prior to the beginning of classes, I worked for 20 hours at the Leon County Public Defender's office. To my surprise, I actually enjoyed it there. My job was to help the office with initial intake interviews, to talk with jail inmates about the pending charges against them and get their side of the story.
As the supervising attorney told me, dealing with the clients is about 75% of what attorneys in that office do. The intake interviews would give me a good feel for the nature of the job. If I did not like the face to face contact, he said, then perhaps work as a prosecutor would be more appropriate.
The technology to conduct the interviews was impressive- at least to me. I did not have to actually visit the jail. Instead, a small camera set on top of the computer monitor at my desk. I called the jail and identified the inmate with whom I needed to speak. The jail sent the inmate to one of several communication pods, labeled A through M. Each pod was equipped with a camera, monitor and telephone, and I could access any of the pods on my computer. When the inmate came into the pod and picked up the phone, I could see and hear him and he could see and hear me.
After about 20 hours of doing these interviews, I realized again how socially liberal I can be at times. I began to think that our criminal justice system needs serious revamping. Many of these inmates were locked up for felony possession of cocaine: A non-violent, victimless crime. The inmates charged with this crime almost universally admitted that they were addicts and needed help.
I fail to see how just locking these people up is more beneficial than putting them in a rehabilitation program. By allowing them to continue to work and be a part of society, they can support their families and have at least some hope when they wake up in the morning that this day will be better than the last.
I do not pretend to know what the solution to a drug addiction is. You almost certainly need a motivator that is stronger than the addiction. But using extreme fear and shame to get them to quit are not the first angles I would take. Putting someone in prison for a drug addiction is a sledge hammer of a remedy. It is an open question in my mind as to whether that remedy solves more problems than it creates. Imagine spending much of your life in a cement and metal cage/hole because you just can't beat the rush in your brain a white powder gives you when you are on the outside. What a sad, miserable existence.
Even if you go your whole life not being able to conquer that rush, why should the government constantly lash you so harshly for it? I can understand the public safety concerns of a person who is "high" and gets behind the wheel of a vehicle or if someone is under the influence and performing work dangerous to others. But most of these charges were not of that nature...
I also found the inmates themselves to be interesting characters, and I enjoyed listening to their stories and studying their mannerisms. While a few were certainly "rotten apples," it did not make them less intriguing. Talking to them was much more engaging to me than doing research on Westlaw or LexisNexis and billing hours.
If the Public Defender's Office could pay me $70,000- $80,000 per year to work there as an attorney, I would jump at the chance. Unfortunately, their salaries are much lower.
We will see where I end up upon graduation, but I know now that the Public Defender's Office is a place reasonably suited to my personality.
Until Next Time,
Nathan Marshburn
Sunday, August 29, 2010
The Smell of Palm Trees
Most of the palm trees in Tallahassee are probably planted here, and do not grow naturally. It seems that oaks covered in Spanish moss are the predominant native trees. This area of Florida is more like a rain forest or swamp as opposed to the open coastal areas where one expects to see palm trees. Still, the palm trees grow well here, and in August they produce clusters of orange fruit that eventually fall to the ground, one by one. The fruit is slightly smaller than a golf ball. At the center is a hard, brown seed about the size of a dime.
One of my first experiences in August 2008 as a new law school student was the scent of the palm tree fruit. When it first hit me, I was discovering what would become a usual stress relieving routine- jogging the two mile loop around Alumni Village apartments. Orange palm tree fruit has a dark, sweet smell. On my run around Alumni Village, I first thought that the smell was coming from a line of shrubbery. It was only a few days later when I picked up one of the fallen balls of fruit that I recognized it as the source.
This August, as what will hopefully be my last year of law school gets underway, the smell of the palm tree fruit is hitting me again when I go for my runs. I have come to identify that scent with late summer Tallahassee, Florida State University, and the beginning of the fall semester. It is a pleasant smell associated with pleasant memories.
Until Next Time,
Nathan Marshburn
One of my first experiences in August 2008 as a new law school student was the scent of the palm tree fruit. When it first hit me, I was discovering what would become a usual stress relieving routine- jogging the two mile loop around Alumni Village apartments. Orange palm tree fruit has a dark, sweet smell. On my run around Alumni Village, I first thought that the smell was coming from a line of shrubbery. It was only a few days later when I picked up one of the fallen balls of fruit that I recognized it as the source.
This August, as what will hopefully be my last year of law school gets underway, the smell of the palm tree fruit is hitting me again when I go for my runs. I have come to identify that scent with late summer Tallahassee, Florida State University, and the beginning of the fall semester. It is a pleasant smell associated with pleasant memories.
Until Next Time,
Nathan Marshburn
Saturday, August 21, 2010
The Flower Petals of Florida State
Classes for my third and final year of law school begin in two days. The Suwannee Room, the main dining hall on campus, is open again and I am eating almost all of my meals there. The walk from the law school to the dining hall is about 10 minutes, and it takes me down a section of Jefferson Street lined with a dozen or so sorority houses.
Each year at this time, at least while I have been here, girls trying to join these sororities line up outside the houses wearing cute sun dresses. They perform cheers and chants. Other girls (actual sorority members, I suppose) wearing uniform colored t-shirts guide them quite seriously from house to house to do who-knows-what activities inside.
Personally, I have never been inside a sorority house. These houses were illegal when I was an undergraduate student in North Carolina. The law said something about too many women living alone in one house as constituting a brothel. So, this late August ritual at Florida State is fascinating to me.
This evening, as I walked to dinner, Jefferson Street was empty. Then, almost simultaneously, the doors to the sorority houses opened and dozens and dozens of girls began quietly flowing out of the houses. The had on classy dresses of all colors. Most wore sandals and carried their high heeled shoes in one hand.
The girls must have been forbidden to speak, because not one made a sound. The sidewalks became so thick with these girls that I stepped onto the grass and the road to give them enough room.
It was an amazing sight. I thought of a cherry blossom tree or a Bradford pear in spring as the green leaves overtake the flowers on the branches. A breeze would blow the flower petals off the trees, and it was pretty to watch the petals float to the ground. This was the effect of all of these beautiful girls, floating out of the houses- flower petals floating down to the sidewalks.
A few of the girls smiled at me, as if they could read my mind. It was like something out of a dream, to be the lone guy in this ocean of moving, silent, beautiful women. Even now, as an older guy done with my undergraduate years, the whole spectacle was intoxicating.
It was one of the most beautiful things I have seen here at Florida State. I wonder if the law schools at Harvard or Yale have something that could compare?
Until Next Time,
Nathan Marshburn
Each year at this time, at least while I have been here, girls trying to join these sororities line up outside the houses wearing cute sun dresses. They perform cheers and chants. Other girls (actual sorority members, I suppose) wearing uniform colored t-shirts guide them quite seriously from house to house to do who-knows-what activities inside.
Personally, I have never been inside a sorority house. These houses were illegal when I was an undergraduate student in North Carolina. The law said something about too many women living alone in one house as constituting a brothel. So, this late August ritual at Florida State is fascinating to me.
This evening, as I walked to dinner, Jefferson Street was empty. Then, almost simultaneously, the doors to the sorority houses opened and dozens and dozens of girls began quietly flowing out of the houses. The had on classy dresses of all colors. Most wore sandals and carried their high heeled shoes in one hand.
The girls must have been forbidden to speak, because not one made a sound. The sidewalks became so thick with these girls that I stepped onto the grass and the road to give them enough room.
It was an amazing sight. I thought of a cherry blossom tree or a Bradford pear in spring as the green leaves overtake the flowers on the branches. A breeze would blow the flower petals off the trees, and it was pretty to watch the petals float to the ground. This was the effect of all of these beautiful girls, floating out of the houses- flower petals floating down to the sidewalks.
A few of the girls smiled at me, as if they could read my mind. It was like something out of a dream, to be the lone guy in this ocean of moving, silent, beautiful women. Even now, as an older guy done with my undergraduate years, the whole spectacle was intoxicating.
It was one of the most beautiful things I have seen here at Florida State. I wonder if the law schools at Harvard or Yale have something that could compare?
Until Next Time,
Nathan Marshburn
Sunday, August 15, 2010
Raising the Bar
Beginning last week, 55 new first year law school students began the extended orientation program at FSU Law. I was fortunate enough to be hired as a mentor for the group, which is certainly an impressive one. Their average LSAT score should be about two points higher than the next highest class to ever matriculate at the school. Another interesting fact- and a sign of the current economic times- the number of non-Florida residents in this class is low. The out-of-state tuition for the law school is now about $36,000 per year.
The week long program, as described by these students, is pretty intense. The Dean of the law school taught them a miniature property course on finding. They will take a 35 minute exam for the course tomorrow. Two legal writing instructors have introduced them to writing office memos and briefing cases. My fellow mentors have also provided practical advice on outlining, preparing for class and preparing for exams.
I have been impressed with how sharp and serious these students seem to be. I am glad the new 1Ls are here. They should raise the institutional reputation of FSU Law even higher, and I look forward to seeing what they can do.
Until Next Time,
Nathan Marshburn
The week long program, as described by these students, is pretty intense. The Dean of the law school taught them a miniature property course on finding. They will take a 35 minute exam for the course tomorrow. Two legal writing instructors have introduced them to writing office memos and briefing cases. My fellow mentors have also provided practical advice on outlining, preparing for class and preparing for exams.
I have been impressed with how sharp and serious these students seem to be. I am glad the new 1Ls are here. They should raise the institutional reputation of FSU Law even higher, and I look forward to seeing what they can do.
Until Next Time,
Nathan Marshburn
Saturday, August 7, 2010
Summer Summary, Part II
As further evidence to prospective employers of how I tried to use my time wisely this summer, here are some of my notes from Florida Motor Vehicle No-Fault Law: Personal Injury Protection (P.I.P.) 2009-2010 edition by Russel Lazega. Like in my previous entry, most of the notes that I selected to type are questions to which I do not know the answer.
This book in large part outlines the Florida No-Fault Statute: 627.736. The Table of Contents at the beginning of each chapter provided a good outline of the statute. As this book says, I will have to read this statute again and again to gain competency in dealing with it.
Chapter 1 Introduction to No-Fault and Definitions pgs.1-25.
-p.4 I do not understand the statement that a person is allowed one free accident before being compelled to buy liability coverage.
-p.11 $10,000 coverage for property damage- Is this for your own property or for the 3rd party's that you damaged? Answer p.62. It is liability coverage.
-p.20 PIP is primary coverage in an auto accident. But other health insurance may cover the deductible. Submit claims to both carriers. See p.88.
-p.24 What is the financial responsibility law?
Chapter 2 The No-Fault Act: Required Coverages and Deductibles 627.736(2) & 627.734 pgs.27-64
-p.30 How do you divide the $10K worth of coverage? Answer p.61 and p.103-104.
-p.45 I need to become familiar with Medicare Parts A & B. See p.309.
-p.48 The statute refers to forms of notice approved by the office. What is "the office?" Answer, bottom of p.115? Centers for Medicare and Medicaid Services?
-p.63 "Nolle prossed" means "will no further prosecute."
Chapter 3 Limitation of Insured's Right to Recover Special Damages in Tort Claims: Collateral Sources and Property Damage 627.736(3) pgs.65-85
-p.69 Be aware of the use of post trial discovery.
-p.75 I need to research what the 2 year proof of insurance period and the 3 year proof of financial responsibility means.
-p.82 Does a right of subrogation exist against a non-owner of a commercial vehicle?
-p.84 Can you bring up the existence of insurance in a non-medical malpractice negligence case? I think not. It is not relevant. See Sawaya's treatise.
Chapter 4 The No-Fault Act Benefits; When Due, Interest; and Required Coverages 627.736(4) pgs.87-110.
-p.89 Who covers when the insurance company pays under the wrong priority? Arguably, the insurer should pay. See p.316.
-p.91 How do you charge attorney's fees for failure to pay PIP when you work on a contingency basis? Answer is the one-way street provision?
-p.99 What does a PIP log look like?
-p.105 I do not understand the case note. Interest payments are not counted as part of the $10,000 in PIP payments.
-p.108 What is "contempt jurisdiction?"
Chapter 5 Charges for Treatment of Injured Persons 627.736(5) pgs.111-166
-p.120 See www.cms.hhs.gov for the Medicare fee schedule.
-p.121 What is the HCFA form?
-p.137 What is a CMS 1500? Or a UB92 form? See p.162 for some help with form names.
-p.142 Are charges different for medical services after the gap period at the end of 2007? See p.143 and consult Chapt. 440 Fla. Stat.
-p.152 Who provides notice of the insured's rights? The insurer to the provider? When is this done?
-p.155 Policy on why hospital ERs have different billing requirements from medical providers.
-p.161-162 Arbitration is useful for the defense. Non-binding arbitration can have serious consequences once judgment is entered.
-p.162 "One way attorney's fees provision." See p.211. In a judgement against an insurer, the trial court should enter a ruling for attorney's fees.
Chapter 6 Discovery of Facts About an Injured Person; Disputes 627.736(6) pgs.167-188.
-p.169 The statute makes mention of a form approved by the department. What is "the department?"
-p.175 This book does not discuss federal law about physician/patient privilege.
-p.179-180 Is there a difference between a PIP log and a PIP payout log? Answer, probably not. See bottom of p.180.
Chapter 7 Examination of Persons- Independent Medical Examinations and Examinations Under Oath 627.736(7) p.189-208
-p.193 When a policy is renewed, that should change the effective date of the policy, correct? Answer, p.392. Yes. The renewal is like forming a new contract.
-p.205 What is the insurance code? What are the remedies for violating it? See pgs.251-252 for help.
-p.206 The examination under oath requirement is not statutory, so look at the policy provisions carefully.
Chapter 8 Attorney's Fees 627.736(8) pgs.209-229
-p.213 What is an attorney's fees multiplier? See p.217 for details. The trial court decides what the witness fees should be. Make this clear in the contract with your expert witness.
-p.221 What is an "out of the box" PIP suit?
-p.225 What is the effect of a second offer on the ramifications of rejecting the first offer?
-p.226 What is the difference between an offer of judgment and an offer of settlement? What are the pros and cons of utilizing each?
Chapter 9 Preferred Provider Agreements 627.736(9) pgs.231-235
-p.231 I do not understand why an insurer would choose to pay more than required by the statute, or why an insurer would waive or reduce the deductible.
-p.232 I do not understand the 2nd paragraph. PPO plan users can treat wherever they wish, too. And if a PIP claimant uses the network, then the reduced rate will mean more of the 10k to go around, right?
Chapter 10 Pre-Suit Demand Letter 627.736(10) pgs.237-249
-See the chapter outline.
Chapter 11 Insurer's Failure to Pay Claims pgs.251-252.
-Are these provisions part of the insurance code?
Chapter 12 Civil Actions for Insurance Fraud 627.736(12) pgs.253-297.
-p.254 I need more detail on the differences between compensatory and consequential damages. Does compensatory automatically include consequential damages?
-p.255 Are chiropractic and dental services reimbursable under PIP? Answer, p.302. Yes.
-p.255 What is a grand jury report?
-See pgs. 257,258,268 It is only a crime to solicit PIP cases with the intent to defraud. It still may be an ethics violation to solicit legitimate claims.
Chapter 13 Looking to the Future; Possible Increase of the PIP Coverage and Effect of the Repeal and then Re-Adoption of PIP pgs.299-310.
-p.300 How can you choose not to carry PIP coverage?
-p.306 Insurers may reimburse at an amount less than billed. So what happens to the remainder of the bill? Answer, p.308(5). Providers may not attempt to collect from the insured except for amounts not covered due to coinsurance amount or to maximum policy limits.
-p.310 Agreements regarding secure electronic data transfer. This does not apply to submission of documents to the court, right?
Chapter 14 Assignment of Benefits pgs.311-324.
-p.313 Why cannot one assign benefits after suit has been filed for arbitration? See p.314. Re-assignment is a litigation strategy as to who would be the better plaintiff.
-p.322 What is the difference between a written assignment and an equitable assignment?
Chapter 15 Litigation Procedure, Settlement and Appeals p.325-353
-p.331. See p. 338. Ask for attorney's fees in the complaint.
-p.332 Insurers cannot contract to shorten the statute of limitations because Florida statutes are considered part of the insurance contract, right?
-p.337 What does it mean to be issued a 20-day summons? p.339 The summons does not apply to small claims cases.
-p.341 Who is "the department?" The Department of Insurance?
-p.347 Who pays for copies of the IME physicians records? Is it as simple as whomever the requesting party is?
-p.348 What are these terms in the Practitioner's Note?
-p.352 How do you find unpublished circuit court appeals decisions?
Chapter 16 Cancellation of Coverage 627.736(9) pgs.355-378.
-p.361 Class actions have a whole different set of rules.
-p.371 What happens to the replacement policy when the department sides with the insured and orders a reinstatement of the old policy? Just a refund of the premium from the new insurer?
-p.377 What is "the commission?" How is the commission different from "the office" and "the department" mentioned throughout the statute and this book. What are their separate roles and responsibilities?
Chapter 17 Policy Construction and Interpretation pgs.379-395
-p.380 Bad faith actions are not subject to declaratory judgments, right? They are separate COAs and are the fact finder, right?
-p.393 I need more information on Florida's borrowing statute.
Chapter 18 Rehabilitation, Liquidation, and the Florida Insurance Guaranty Association pgs.397-412.
-See the Table of Contents at the beginning of the chapter.
Chapter 19 Crime Victim Compensation pgs.413-417
-p.414 Must there be a conviction before a "crime" has occurred? The form on p.429 does not ask for conviction information that I see.
-p.414 It appears from Chapter 20 that an application for the Crime Victims Compensation Act must be submitted to the Office of the Attorney General, yet the statute says "the department." Who needs to see this application?
Chapter 20 Forms pgs.419-448.
-p.448 What is compounding the consumer price index, as opposed to adjusting it annually?
For this entire book, it is good to go back and read the Practitioner's Notes.
Hopefully, my next entry will be more interesting.
Nathan Marshburn
This book in large part outlines the Florida No-Fault Statute: 627.736. The Table of Contents at the beginning of each chapter provided a good outline of the statute. As this book says, I will have to read this statute again and again to gain competency in dealing with it.
Chapter 1 Introduction to No-Fault and Definitions pgs.1-25.
-p.4 I do not understand the statement that a person is allowed one free accident before being compelled to buy liability coverage.
-p.11 $10,000 coverage for property damage- Is this for your own property or for the 3rd party's that you damaged? Answer p.62. It is liability coverage.
-p.20 PIP is primary coverage in an auto accident. But other health insurance may cover the deductible. Submit claims to both carriers. See p.88.
-p.24 What is the financial responsibility law?
Chapter 2 The No-Fault Act: Required Coverages and Deductibles 627.736(2) & 627.734 pgs.27-64
-p.30 How do you divide the $10K worth of coverage? Answer p.61 and p.103-104.
-p.45 I need to become familiar with Medicare Parts A & B. See p.309.
-p.48 The statute refers to forms of notice approved by the office. What is "the office?" Answer, bottom of p.115? Centers for Medicare and Medicaid Services?
-p.63 "Nolle prossed" means "will no further prosecute."
Chapter 3 Limitation of Insured's Right to Recover Special Damages in Tort Claims: Collateral Sources and Property Damage 627.736(3) pgs.65-85
-p.69 Be aware of the use of post trial discovery.
-p.75 I need to research what the 2 year proof of insurance period and the 3 year proof of financial responsibility means.
-p.82 Does a right of subrogation exist against a non-owner of a commercial vehicle?
-p.84 Can you bring up the existence of insurance in a non-medical malpractice negligence case? I think not. It is not relevant. See Sawaya's treatise.
Chapter 4 The No-Fault Act Benefits; When Due, Interest; and Required Coverages 627.736(4) pgs.87-110.
-p.89 Who covers when the insurance company pays under the wrong priority? Arguably, the insurer should pay. See p.316.
-p.91 How do you charge attorney's fees for failure to pay PIP when you work on a contingency basis? Answer is the one-way street provision?
-p.99 What does a PIP log look like?
-p.105 I do not understand the case note. Interest payments are not counted as part of the $10,000 in PIP payments.
-p.108 What is "contempt jurisdiction?"
Chapter 5 Charges for Treatment of Injured Persons 627.736(5) pgs.111-166
-p.120 See www.cms.hhs.gov for the Medicare fee schedule.
-p.121 What is the HCFA form?
-p.137 What is a CMS 1500? Or a UB92 form? See p.162 for some help with form names.
-p.142 Are charges different for medical services after the gap period at the end of 2007? See p.143 and consult Chapt. 440 Fla. Stat.
-p.152 Who provides notice of the insured's rights? The insurer to the provider? When is this done?
-p.155 Policy on why hospital ERs have different billing requirements from medical providers.
-p.161-162 Arbitration is useful for the defense. Non-binding arbitration can have serious consequences once judgment is entered.
-p.162 "One way attorney's fees provision." See p.211. In a judgement against an insurer, the trial court should enter a ruling for attorney's fees.
Chapter 6 Discovery of Facts About an Injured Person; Disputes 627.736(6) pgs.167-188.
-p.169 The statute makes mention of a form approved by the department. What is "the department?"
-p.175 This book does not discuss federal law about physician/patient privilege.
-p.179-180 Is there a difference between a PIP log and a PIP payout log? Answer, probably not. See bottom of p.180.
Chapter 7 Examination of Persons- Independent Medical Examinations and Examinations Under Oath 627.736(7) p.189-208
-p.193 When a policy is renewed, that should change the effective date of the policy, correct? Answer, p.392. Yes. The renewal is like forming a new contract.
-p.205 What is the insurance code? What are the remedies for violating it? See pgs.251-252 for help.
-p.206 The examination under oath requirement is not statutory, so look at the policy provisions carefully.
Chapter 8 Attorney's Fees 627.736(8) pgs.209-229
-p.213 What is an attorney's fees multiplier? See p.217 for details. The trial court decides what the witness fees should be. Make this clear in the contract with your expert witness.
-p.221 What is an "out of the box" PIP suit?
-p.225 What is the effect of a second offer on the ramifications of rejecting the first offer?
-p.226 What is the difference between an offer of judgment and an offer of settlement? What are the pros and cons of utilizing each?
Chapter 9 Preferred Provider Agreements 627.736(9) pgs.231-235
-p.231 I do not understand why an insurer would choose to pay more than required by the statute, or why an insurer would waive or reduce the deductible.
-p.232 I do not understand the 2nd paragraph. PPO plan users can treat wherever they wish, too. And if a PIP claimant uses the network, then the reduced rate will mean more of the 10k to go around, right?
Chapter 10 Pre-Suit Demand Letter 627.736(10) pgs.237-249
-See the chapter outline.
Chapter 11 Insurer's Failure to Pay Claims pgs.251-252.
-Are these provisions part of the insurance code?
Chapter 12 Civil Actions for Insurance Fraud 627.736(12) pgs.253-297.
-p.254 I need more detail on the differences between compensatory and consequential damages. Does compensatory automatically include consequential damages?
-p.255 Are chiropractic and dental services reimbursable under PIP? Answer, p.302. Yes.
-p.255 What is a grand jury report?
-See pgs. 257,258,268 It is only a crime to solicit PIP cases with the intent to defraud. It still may be an ethics violation to solicit legitimate claims.
Chapter 13 Looking to the Future; Possible Increase of the PIP Coverage and Effect of the Repeal and then Re-Adoption of PIP pgs.299-310.
-p.300 How can you choose not to carry PIP coverage?
-p.306 Insurers may reimburse at an amount less than billed. So what happens to the remainder of the bill? Answer, p.308(5). Providers may not attempt to collect from the insured except for amounts not covered due to coinsurance amount or to maximum policy limits.
-p.310 Agreements regarding secure electronic data transfer. This does not apply to submission of documents to the court, right?
Chapter 14 Assignment of Benefits pgs.311-324.
-p.313 Why cannot one assign benefits after suit has been filed for arbitration? See p.314. Re-assignment is a litigation strategy as to who would be the better plaintiff.
-p.322 What is the difference between a written assignment and an equitable assignment?
Chapter 15 Litigation Procedure, Settlement and Appeals p.325-353
-p.331. See p. 338. Ask for attorney's fees in the complaint.
-p.332 Insurers cannot contract to shorten the statute of limitations because Florida statutes are considered part of the insurance contract, right?
-p.337 What does it mean to be issued a 20-day summons? p.339 The summons does not apply to small claims cases.
-p.341 Who is "the department?" The Department of Insurance?
-p.347 Who pays for copies of the IME physicians records? Is it as simple as whomever the requesting party is?
-p.348 What are these terms in the Practitioner's Note?
-p.352 How do you find unpublished circuit court appeals decisions?
Chapter 16 Cancellation of Coverage 627.736(9) pgs.355-378.
-p.361 Class actions have a whole different set of rules.
-p.371 What happens to the replacement policy when the department sides with the insured and orders a reinstatement of the old policy? Just a refund of the premium from the new insurer?
-p.377 What is "the commission?" How is the commission different from "the office" and "the department" mentioned throughout the statute and this book. What are their separate roles and responsibilities?
Chapter 17 Policy Construction and Interpretation pgs.379-395
-p.380 Bad faith actions are not subject to declaratory judgments, right? They are separate COAs and are the fact finder, right?
-p.393 I need more information on Florida's borrowing statute.
Chapter 18 Rehabilitation, Liquidation, and the Florida Insurance Guaranty Association pgs.397-412.
-See the Table of Contents at the beginning of the chapter.
Chapter 19 Crime Victim Compensation pgs.413-417
-p.414 Must there be a conviction before a "crime" has occurred? The form on p.429 does not ask for conviction information that I see.
-p.414 It appears from Chapter 20 that an application for the Crime Victims Compensation Act must be submitted to the Office of the Attorney General, yet the statute says "the department." Who needs to see this application?
Chapter 20 Forms pgs.419-448.
-p.448 What is compounding the consumer price index, as opposed to adjusting it annually?
For this entire book, it is good to go back and read the Practitioner's Notes.
Hopefully, my next entry will be more interesting.
Nathan Marshburn
Sunday, August 1, 2010
Summer Summary
This will be a mundane entry. I am going to use this space to type a few of my notes from Florida Personal Injury Law and Practice with Wrongful Death Actions 2009-2010 Edition by Judge Thomas Sawaya. I already knew some of the material in this treatise from other law school classes. What I am recording here are things I did not know prior to reading Judge Sawaya's book. Many of these notes are simply questions. Most of the questions I need help in answering, though a few I could answer through more research.
Anyway, if a prospective employer stumbles across my blog, this entry will serve to show that, despite not being employed this summer, I tried to make good use of my time to become proficient in personal injury law. In another entry, I will post some notes from Florida Motor Vehicle No-Fault Law: Personal Injury Protection 2009-2010 edition by Russel Lazega.
Chapter 1 Negligence: Basic Concepts and Duty, pgs.1-81.
-Know the difference between negligence per se, prima facie evidence of negligence, and strict liability. Of these, strict liability is the strongest for the plaintiff. If strict liability applies, you do not have to prove proximate causation- only actual causation and damages. I am still not totally clear on the difference between negligence per se and prima facie evidence. I think negligence per se is stronger. It usually comes up when the defendant has violated a statute. It means negligence has occurred, but it is not necessarily actionable negligence. The plaintiff must still prove that 1) the plaintiff belongs to the class that the statute was intended to protect 2) that the plaintiff suffered injury of the type the statute was designed to prevent 3) violation of the statute was the proximate cause of the injury. Prima facie evidence of negligence creates a rebuttable presumption of negligence. An example might be violation of a traffic ordinance. The defendant may still show that no negligence at all occurred, though.
Chapter 2 Standard of Care, pgs.83-130.
-Know the difference between slight negligence, ordinary negligence, gross negligence, and culpable negligence. The slight negligence standard usually applies to common carriers.
-p.122 Be aware of the sudden emergency doctrine.
-Children are responsible for their own torts, though they have their own separate standard of care (keep in mind negligent supervision COA against parents). A child under six is considered to be incapable of negligence.
Chapter 3 Causation pgs.131-200.
-Know the difference between a concurring cause and an intervening cause and the ramifications. Intervening causes can be a complete bar to recovery, and they are often decided as a matter of law at the summary judgment phase.
-p.187 Are motions for directed verdict heard outside the presence of the jury?
-p.196 How free are we as attorneys to argue our own jury instructions in closing argument?
-Be aware of the unavoidable accident doctrine. This can be a complete bar to recovery.
-Be aware of the rescue doctrine. Police and firemen can recover for injuries not reasonably foreseeable in the line of duty. They can also recover for injuries sustained from going above and beyond the call of duty.
Chapter 4 Imputed Negligence pgs. 201-283.
-Generally, you can not impute the negligence of an independent contractor to the employer.
-Are the participants in a partnership, joint venture, or joint enterprise jointly and severally liable? Probably yes. See p.244.
-One spouse is not liable for the torts of the other spouse.
-p.260 See exceptions to the general rule that a parent is not liable for the torts of the child.
-When an employee commits an intentional tort, think about negligent hiring and retention as a COA.
Chapter 5 Defenses p.285-335
-This chapter focuses primarily on comparative negligence. Contributory negligence is dead in Florida.
-Comparative negligence is an affirmative defense that must be pleaded and proven.
-p.299 How can a non-party have summary judgment ruled in its favor? Who is arguing for this non-party?
-p.310 If a negligent vehicle owner's insurance is not enough to cover damages, and the negligent driver's insurance is not enough either, procedurally, how would you go about getting as much as you can from both under comparative negligence?
-p.315 See this page for information on Fabre defendants. I will have to read this information again and again.
-Assumption of the risk is an affirmative defense that results in a jury interrogatory. It often applies to participation in contact sports.
-p.328 What exactly is the competent evidence standard?
Chapter 6 Strict Liability p.337-385
-It is uncertain under Florida law if strict liability should be decided by the court or by the fact finder. Strict liability (or an abnormally dangerous activity) can be designated as such by the legislature.
-Practically speaking, there is almost no difference between an invitee and licensee.
Chapter 7 Joint and Several Liability p.387-429
-This is the most confusing chapter in the treatise. The first sentence says that joint and several liability was abrogated by the legislature in 2006, but the book goes on to talk like it is still in effect. I am not sure if it is in partial effect or not. For example, the book questions whether an active tortfeasor and a defendant held vicariously liable are joint tortfeasors. The book says they are jointly and severally liable. The case it uses to support this rule is from 1998. There is no mention of the 2006 abrogation and its effect. There are many examples of this throughout the chapter. It gives me more questions than answers.
-See p.423 for the difference between res judicata and estoppel by judgment.
-p.416 Can a defendant implead a defunct company?
-p.420 As a plaintiff, why would you ever enter a satisfaction of judgment? What exactly is that and is it required?
-p.428 When a plaintiff proceeds against less than all of the negligent parties, then in a later action sues more, the percentage of fault on the jury verdict form from the first trial has no bearing on the subsequent trial, right? Or is the plaintiff completely barred from subsequent trials via res judicata or estoppel by judgment?
-p.422 What is the election of actions doctrine?
-p.427 How is an offer of judgment different from an offer of settlement? Why would you choose one versus the other?
Chapter 8 Indemnity, Subrogation and Contribution p.431-479.
-p.436 What is the difference between establishing a predicate and establishing an element of a COA?
-p.460 In settling with one of multiple tortfeasors, make sure you reserve the right to proceed against other tortfeasors.
-The right to a trial by jury only extends to actions at law (not equitable remedies).
-p.472 What are the "principles of equity?" Just fairness?
Chapter 9 Sovereign Immunity p.481-583
-In deciding whether sovereign immunity applies, one of the key concepts is whether the government's action was discretionary or operational.
-p.487 As a plaintiff's lawyer, we want the deeper pockets of the governmental entity, but must we plead in the alternative malicious or wanton misconduct to avoid res judicata in an action against the employee?
-p.502 I need more examples of a duty owed to the plaintiff as opposed to the general public.
-p.518 As a plaintiff, you do not have to meet all three of these requirements to sue the police department, do you? Just meeting one should be enough. Satisfying all three is too high a burden.
-p.528 What is a capital improvement?
-p.546 Be aware of special taxing districts.
-p.547 Whether or not a health care provider is a government employee, is this a question for the jury?
-p.553 Why would a state agency purchase liability insurance, and do you need a claims bill to get to this insurance money beyond the cap?
-See p.561 versus p.559. Should you attach the notice letter to the complaint or not?
-The cap is $100,000 for one plaintiff, a max cap of $200,000 total for multiple plaintiffs.
Chapter 10 Premises Liability p.585-649
-Why the injured party was on the premises (trespasser vs. invitee) affects the duty standard.
-The attractive nuisance doctrine only applies to children.
-Firefighters and police are invitees.
-Be aware of the obvious danger doctrine for summary judgment.
Chapter 11 Liability of Those Who Sell or Furnish Alcoholic Beverages p.651-688.
-Liability is limited to commercial vendors (not social hosts). In order for liability to exist, the person must must be habitually addicted to alcohol, and the vendor must have notice (though not written notice). They can also be liable for selling to minors.
-Many of the same ways that intoxication is proved by the state in criminal cases are also useful in civil proceedings.
-Make sure the vendor has liability insurance. Look at the language of the policy for exclusions (CGL).
-A plaintiff intoxicated at the time generally can not recover damages.
Chapter 12 Medical Malpractice p.689-836.
-Two year statute of limitations.
-90 day presuit investigation requirement that does not toll the statute of limitations.
-Be aware of the statute of repose as a complete bar to recovery.
-Just because negligence happens in a hospital doe not automatically mean that it is medical malpractice. A patient falling out of his or her bed may constitute ordinary negligence.
Chapter 13 Products Liability p.837-958.
-Common elements: 1) defect was present in the product 2) defect caused the injuries complained of 3) defect existed at the time the manufacturer, retailer, or supplier parted with possession of the product.
-Be aware of the zone of risk created when the product is parted with. It is not just to the purchaser.
-Negligent failure to warn is a COA.
-p.867 Can a settlement with Shands hospital be kept private?
-p.890 If another manufacturer can be impleaded, whose market share is known, but the manufacturer is insolvent or defunct, is that bad luck for the plaintiff or the defendant? Probably the plaintiff?
-p.896 Elements to establish strict liability.
-p.915 A prima facie case is not enough for summary judgment.
-p.924 Who or what is a "warranty beneficiary" as opposed to the "actual buyer?" See p.926. Other family members?
-Breach of warranty COA: 1) sale of the goods 2) goods must be defective 3) certain notice requirements must be complied with.
-p.918 Elements for breach of implied warranty.
-p.933 Elements for breach of implied warranty of fitness for a particular purpose.
-p.934 Implied warranty of merchantability.
-p.952 When would a violation of the SOL not appear on the face of the complaint? What exactly is the face of the complaint?
-Note that if the COA is based on a contract breach, the SOL is five years. Wrongful death actions still constitute a 2 year SOL.
-Be aware of the statute of repose.
Chapter 14 Use of Criminal Convictions in Subsequent Civil Proceedings: Statutory Collateral Estoppel Under Florida and Federal Law p.959-1004.
-Basically, a defendant who is found guilty (or perhaps pleads nolo contendere) to a criminal offense is estopped from denying the elements of that offense in a subsequent civil proceeding against him for damages.
Chapter 15 Punitive Damages p.1005-1103.
-p.1065 Does bankruptcy absolve punitive damages? If so, the plaintiff would want evidence of the defendant's financial worth to make sure that at least some money is paid.
-p.1093 What are the elements of the tort of fraudulent inducement?
-p.1030 For the statutory standard for punitive damages.
-Punitive damages may not be recovered against a sovereign.
-More is required for punitive damages bases on vicarious liability.
-p.1087 Punitive damages are available in all civil actions by statute. This is controversial, as it steps on theories of contract law.
-You can not initially plead punitive damages.
Chapters 16-22 Wrongful Death Actions pgs.1105-1233.
-Wrongful death is a COA that derives from statute as opposed to common law.
-SOL is 2 years from the date of death.
-Pain and suffering damages are not available for for the decedent, only the survivors.
-p.1126 How does the dangerous instrumentality doctrine bar a wrongful death claim?
-p.1136 What is the difference between petitioning the court and motioning the court?
-p.1142 How a personal representative of the estate is appointed.
-A COA exists for negligent stillbirth.
-p.1215-16 Apparently, joint and several liability lives on in some wrongful death actions.
-p.1217 Excellent example of the breakdown in damages.
-p.1222 What is the doctrine of recoupment?
-There is no COA for wrongful life, but there is a COA for wrongful birth.
-Wrongful Death actions can also be founded in breach of contract or warranty.
-The court must approve settlements involving minors.
-p.1148 Make sure to comply with the non claim statute (Deals with claims on the estate).
-Stepchildren probably can not recover in a wrongful death action.
-A child unborn at the time of parent's death may recover.
-For parents to recover for pain and suffering for the death of their child, the child must be less than 25 years old (unless there are no other survivors).
-For damages, consider the joint life expectancy of the parent and the child together.
-Illegitimate children of the mother may recover, but not of the father unless the father has recognized a responsibility for the child's support.
-A stillborn fetus may not recover (but keep in mind the COA for negligent stillbirth).
-Blood relatives and adoptive brothers and sisters may recover if they are wholly or partly dependent on the decedent for support or services.
-Recovery for the estate and recovery for survivors are two separate items in a wrongful death action.
-Proceeds recovered by survivors are not subject to creditors' claims.
-p.1204 Be aware of the collateral source rule.
-p.1221 Is there a 4 year SOL for wrongful death actions against state agencies?
-Children can not sue parents and vice versa unless liability insurance is available.
Chapter 23 Survival Actions p.1233-1246
-Personal injury actions can survive the death of the plaintiff, unless the death was caused by the injuries complained of in the action. In that case, the action abates and you must institute a wrongful death action.
-p.1245 All who can be sued on a joint obligation must be sued?
-Be aware of the suggestion of death requirement.
-This chapter also deals with substitution of parties.
Chapter 24 Burden of Proof, Standard of Proof, and Evidentiary Issues pgs.1247-1352.
-p.1248 Are there no directed verdicts in a bench trial? Just dismissals?
-p.1263 Some examples of when the clear and convincing evidence standard applies.
-p.1281 The jury is informed of the presumption of negligence in a rear end collision by the judge. There is a list of rebuttable presumptions on this page.
-p.1284 List of rebuttable presumptions affecting the burden of persuasion.
-p.1287 Definition of circumstantial evidence.
-p.1292 Motion the court to instruct the jury on certain inferences.
-p.1293 You get a jury instruction for establishing res ipsa loquitur.
-p.1343 Offers to settle before a lawsuit commences are admissible.
-p.1346 I do not understand the court's reasoning in the small print on this page. Mary Carter agreements are not allowed, yet via the court's decision it seems there is no way to enforce this. The court actually seems to be encouraging Mary Carter agreements.
-p.1351 What is a sponsor's note?
-The burden of proof is divided into the burden of producing evidence and the burden of persuasion.
-Presumptions are required to be adhered to by the jury, but juries may reject inferences. I need to read the section on inferences and presumptions again. See the procedure, p.1284.
-Traffic citations generally are not admissible, and neither is the officer's testimony establishing that a traffic citation was issued.
-Insurance coverage is not relevant evidence.
Chapter 25 Discovery pgs.1353-1471.
Much of this chapter is a review of things covered in my Florida Civil Practice class and Civil Pre-Trial class.
-p.1362 What does it mean, that a rule is considered remedial?
-p.1379 How do you annex a document?
-p.1394 Can you ask some interrogatories, wait for the answer, and then ask more as long as the total does not exceed 30?
-p.1431 The independent medical examiner does not charge the same rate as an expert witness, right?
-p.1483 When does the court grant a valcin presumption versus an adverse inference?
-p.1483 In an adverse inference, opposing counsel may not argue against the inference?
Chapter 26 Spoliation of Evidence pgs.1473-1484.
-Spoliation of evidence is its own COA, though you cannot file it jointly with another COA against the same defendant in the same matter.
Chapter 27 Client Relations and Fee Agreements pgs.1485-1533.
-p.1519 What is a charging lien?
-p.1529 When do you file a demand for appointment of arbitrators and may either party file it?
-p.1533 What is the lodestar approach?
-27:10 So fees for property damage are the same as personal injury or wrongful death?
-When fee-splitting a contingency fee, the primary gets 75% and the secondary gets 25%.
-p.1528 Standards for the fee.
Chapter 28 The Jury pgs.1535-1555.
-p.1543 What is back striking a juror?
-p.1554 I am not sure how peremptory challenges work with alternate jurors.
-Always poll the jury if they return a verdict against you.
Anyway, if a prospective employer stumbles across my blog, this entry will serve to show that, despite not being employed this summer, I tried to make good use of my time to become proficient in personal injury law. In another entry, I will post some notes from Florida Motor Vehicle No-Fault Law: Personal Injury Protection 2009-2010 edition by Russel Lazega.
Chapter 1 Negligence: Basic Concepts and Duty, pgs.1-81.
-Know the difference between negligence per se, prima facie evidence of negligence, and strict liability. Of these, strict liability is the strongest for the plaintiff. If strict liability applies, you do not have to prove proximate causation- only actual causation and damages. I am still not totally clear on the difference between negligence per se and prima facie evidence. I think negligence per se is stronger. It usually comes up when the defendant has violated a statute. It means negligence has occurred, but it is not necessarily actionable negligence. The plaintiff must still prove that 1) the plaintiff belongs to the class that the statute was intended to protect 2) that the plaintiff suffered injury of the type the statute was designed to prevent 3) violation of the statute was the proximate cause of the injury. Prima facie evidence of negligence creates a rebuttable presumption of negligence. An example might be violation of a traffic ordinance. The defendant may still show that no negligence at all occurred, though.
Chapter 2 Standard of Care, pgs.83-130.
-Know the difference between slight negligence, ordinary negligence, gross negligence, and culpable negligence. The slight negligence standard usually applies to common carriers.
-p.122 Be aware of the sudden emergency doctrine.
-Children are responsible for their own torts, though they have their own separate standard of care (keep in mind negligent supervision COA against parents). A child under six is considered to be incapable of negligence.
Chapter 3 Causation pgs.131-200.
-Know the difference between a concurring cause and an intervening cause and the ramifications. Intervening causes can be a complete bar to recovery, and they are often decided as a matter of law at the summary judgment phase.
-p.187 Are motions for directed verdict heard outside the presence of the jury?
-p.196 How free are we as attorneys to argue our own jury instructions in closing argument?
-Be aware of the unavoidable accident doctrine. This can be a complete bar to recovery.
-Be aware of the rescue doctrine. Police and firemen can recover for injuries not reasonably foreseeable in the line of duty. They can also recover for injuries sustained from going above and beyond the call of duty.
Chapter 4 Imputed Negligence pgs. 201-283.
-Generally, you can not impute the negligence of an independent contractor to the employer.
-Are the participants in a partnership, joint venture, or joint enterprise jointly and severally liable? Probably yes. See p.244.
-One spouse is not liable for the torts of the other spouse.
-p.260 See exceptions to the general rule that a parent is not liable for the torts of the child.
-When an employee commits an intentional tort, think about negligent hiring and retention as a COA.
Chapter 5 Defenses p.285-335
-This chapter focuses primarily on comparative negligence. Contributory negligence is dead in Florida.
-Comparative negligence is an affirmative defense that must be pleaded and proven.
-p.299 How can a non-party have summary judgment ruled in its favor? Who is arguing for this non-party?
-p.310 If a negligent vehicle owner's insurance is not enough to cover damages, and the negligent driver's insurance is not enough either, procedurally, how would you go about getting as much as you can from both under comparative negligence?
-p.315 See this page for information on Fabre defendants. I will have to read this information again and again.
-Assumption of the risk is an affirmative defense that results in a jury interrogatory. It often applies to participation in contact sports.
-p.328 What exactly is the competent evidence standard?
Chapter 6 Strict Liability p.337-385
-It is uncertain under Florida law if strict liability should be decided by the court or by the fact finder. Strict liability (or an abnormally dangerous activity) can be designated as such by the legislature.
-Practically speaking, there is almost no difference between an invitee and licensee.
Chapter 7 Joint and Several Liability p.387-429
-This is the most confusing chapter in the treatise. The first sentence says that joint and several liability was abrogated by the legislature in 2006, but the book goes on to talk like it is still in effect. I am not sure if it is in partial effect or not. For example, the book questions whether an active tortfeasor and a defendant held vicariously liable are joint tortfeasors. The book says they are jointly and severally liable. The case it uses to support this rule is from 1998. There is no mention of the 2006 abrogation and its effect. There are many examples of this throughout the chapter. It gives me more questions than answers.
-See p.423 for the difference between res judicata and estoppel by judgment.
-p.416 Can a defendant implead a defunct company?
-p.420 As a plaintiff, why would you ever enter a satisfaction of judgment? What exactly is that and is it required?
-p.428 When a plaintiff proceeds against less than all of the negligent parties, then in a later action sues more, the percentage of fault on the jury verdict form from the first trial has no bearing on the subsequent trial, right? Or is the plaintiff completely barred from subsequent trials via res judicata or estoppel by judgment?
-p.422 What is the election of actions doctrine?
-p.427 How is an offer of judgment different from an offer of settlement? Why would you choose one versus the other?
Chapter 8 Indemnity, Subrogation and Contribution p.431-479.
-p.436 What is the difference between establishing a predicate and establishing an element of a COA?
-p.460 In settling with one of multiple tortfeasors, make sure you reserve the right to proceed against other tortfeasors.
-The right to a trial by jury only extends to actions at law (not equitable remedies).
-p.472 What are the "principles of equity?" Just fairness?
Chapter 9 Sovereign Immunity p.481-583
-In deciding whether sovereign immunity applies, one of the key concepts is whether the government's action was discretionary or operational.
-p.487 As a plaintiff's lawyer, we want the deeper pockets of the governmental entity, but must we plead in the alternative malicious or wanton misconduct to avoid res judicata in an action against the employee?
-p.502 I need more examples of a duty owed to the plaintiff as opposed to the general public.
-p.518 As a plaintiff, you do not have to meet all three of these requirements to sue the police department, do you? Just meeting one should be enough. Satisfying all three is too high a burden.
-p.528 What is a capital improvement?
-p.546 Be aware of special taxing districts.
-p.547 Whether or not a health care provider is a government employee, is this a question for the jury?
-p.553 Why would a state agency purchase liability insurance, and do you need a claims bill to get to this insurance money beyond the cap?
-See p.561 versus p.559. Should you attach the notice letter to the complaint or not?
-The cap is $100,000 for one plaintiff, a max cap of $200,000 total for multiple plaintiffs.
Chapter 10 Premises Liability p.585-649
-Why the injured party was on the premises (trespasser vs. invitee) affects the duty standard.
-The attractive nuisance doctrine only applies to children.
-Firefighters and police are invitees.
-Be aware of the obvious danger doctrine for summary judgment.
Chapter 11 Liability of Those Who Sell or Furnish Alcoholic Beverages p.651-688.
-Liability is limited to commercial vendors (not social hosts). In order for liability to exist, the person must must be habitually addicted to alcohol, and the vendor must have notice (though not written notice). They can also be liable for selling to minors.
-Many of the same ways that intoxication is proved by the state in criminal cases are also useful in civil proceedings.
-Make sure the vendor has liability insurance. Look at the language of the policy for exclusions (CGL).
-A plaintiff intoxicated at the time generally can not recover damages.
Chapter 12 Medical Malpractice p.689-836.
-Two year statute of limitations.
-90 day presuit investigation requirement that does not toll the statute of limitations.
-Be aware of the statute of repose as a complete bar to recovery.
-Just because negligence happens in a hospital doe not automatically mean that it is medical malpractice. A patient falling out of his or her bed may constitute ordinary negligence.
Chapter 13 Products Liability p.837-958.
-Common elements: 1) defect was present in the product 2) defect caused the injuries complained of 3) defect existed at the time the manufacturer, retailer, or supplier parted with possession of the product.
-Be aware of the zone of risk created when the product is parted with. It is not just to the purchaser.
-Negligent failure to warn is a COA.
-p.867 Can a settlement with Shands hospital be kept private?
-p.890 If another manufacturer can be impleaded, whose market share is known, but the manufacturer is insolvent or defunct, is that bad luck for the plaintiff or the defendant? Probably the plaintiff?
-p.896 Elements to establish strict liability.
-p.915 A prima facie case is not enough for summary judgment.
-p.924 Who or what is a "warranty beneficiary" as opposed to the "actual buyer?" See p.926. Other family members?
-Breach of warranty COA: 1) sale of the goods 2) goods must be defective 3) certain notice requirements must be complied with.
-p.918 Elements for breach of implied warranty.
-p.933 Elements for breach of implied warranty of fitness for a particular purpose.
-p.934 Implied warranty of merchantability.
-p.952 When would a violation of the SOL not appear on the face of the complaint? What exactly is the face of the complaint?
-Note that if the COA is based on a contract breach, the SOL is five years. Wrongful death actions still constitute a 2 year SOL.
-Be aware of the statute of repose.
Chapter 14 Use of Criminal Convictions in Subsequent Civil Proceedings: Statutory Collateral Estoppel Under Florida and Federal Law p.959-1004.
-Basically, a defendant who is found guilty (or perhaps pleads nolo contendere) to a criminal offense is estopped from denying the elements of that offense in a subsequent civil proceeding against him for damages.
Chapter 15 Punitive Damages p.1005-1103.
-p.1065 Does bankruptcy absolve punitive damages? If so, the plaintiff would want evidence of the defendant's financial worth to make sure that at least some money is paid.
-p.1093 What are the elements of the tort of fraudulent inducement?
-p.1030 For the statutory standard for punitive damages.
-Punitive damages may not be recovered against a sovereign.
-More is required for punitive damages bases on vicarious liability.
-p.1087 Punitive damages are available in all civil actions by statute. This is controversial, as it steps on theories of contract law.
-You can not initially plead punitive damages.
Chapters 16-22 Wrongful Death Actions pgs.1105-1233.
-Wrongful death is a COA that derives from statute as opposed to common law.
-SOL is 2 years from the date of death.
-Pain and suffering damages are not available for for the decedent, only the survivors.
-p.1126 How does the dangerous instrumentality doctrine bar a wrongful death claim?
-p.1136 What is the difference between petitioning the court and motioning the court?
-p.1142 How a personal representative of the estate is appointed.
-A COA exists for negligent stillbirth.
-p.1215-16 Apparently, joint and several liability lives on in some wrongful death actions.
-p.1217 Excellent example of the breakdown in damages.
-p.1222 What is the doctrine of recoupment?
-There is no COA for wrongful life, but there is a COA for wrongful birth.
-Wrongful Death actions can also be founded in breach of contract or warranty.
-The court must approve settlements involving minors.
-p.1148 Make sure to comply with the non claim statute (Deals with claims on the estate).
-Stepchildren probably can not recover in a wrongful death action.
-A child unborn at the time of parent's death may recover.
-For parents to recover for pain and suffering for the death of their child, the child must be less than 25 years old (unless there are no other survivors).
-For damages, consider the joint life expectancy of the parent and the child together.
-Illegitimate children of the mother may recover, but not of the father unless the father has recognized a responsibility for the child's support.
-A stillborn fetus may not recover (but keep in mind the COA for negligent stillbirth).
-Blood relatives and adoptive brothers and sisters may recover if they are wholly or partly dependent on the decedent for support or services.
-Recovery for the estate and recovery for survivors are two separate items in a wrongful death action.
-Proceeds recovered by survivors are not subject to creditors' claims.
-p.1204 Be aware of the collateral source rule.
-p.1221 Is there a 4 year SOL for wrongful death actions against state agencies?
-Children can not sue parents and vice versa unless liability insurance is available.
Chapter 23 Survival Actions p.1233-1246
-Personal injury actions can survive the death of the plaintiff, unless the death was caused by the injuries complained of in the action. In that case, the action abates and you must institute a wrongful death action.
-p.1245 All who can be sued on a joint obligation must be sued?
-Be aware of the suggestion of death requirement.
-This chapter also deals with substitution of parties.
Chapter 24 Burden of Proof, Standard of Proof, and Evidentiary Issues pgs.1247-1352.
-p.1248 Are there no directed verdicts in a bench trial? Just dismissals?
-p.1263 Some examples of when the clear and convincing evidence standard applies.
-p.1281 The jury is informed of the presumption of negligence in a rear end collision by the judge. There is a list of rebuttable presumptions on this page.
-p.1284 List of rebuttable presumptions affecting the burden of persuasion.
-p.1287 Definition of circumstantial evidence.
-p.1292 Motion the court to instruct the jury on certain inferences.
-p.1293 You get a jury instruction for establishing res ipsa loquitur.
-p.1343 Offers to settle before a lawsuit commences are admissible.
-p.1346 I do not understand the court's reasoning in the small print on this page. Mary Carter agreements are not allowed, yet via the court's decision it seems there is no way to enforce this. The court actually seems to be encouraging Mary Carter agreements.
-p.1351 What is a sponsor's note?
-The burden of proof is divided into the burden of producing evidence and the burden of persuasion.
-Presumptions are required to be adhered to by the jury, but juries may reject inferences. I need to read the section on inferences and presumptions again. See the procedure, p.1284.
-Traffic citations generally are not admissible, and neither is the officer's testimony establishing that a traffic citation was issued.
-Insurance coverage is not relevant evidence.
Chapter 25 Discovery pgs.1353-1471.
Much of this chapter is a review of things covered in my Florida Civil Practice class and Civil Pre-Trial class.
-p.1362 What does it mean, that a rule is considered remedial?
-p.1379 How do you annex a document?
-p.1394 Can you ask some interrogatories, wait for the answer, and then ask more as long as the total does not exceed 30?
-p.1431 The independent medical examiner does not charge the same rate as an expert witness, right?
-p.1483 When does the court grant a valcin presumption versus an adverse inference?
-p.1483 In an adverse inference, opposing counsel may not argue against the inference?
Chapter 26 Spoliation of Evidence pgs.1473-1484.
-Spoliation of evidence is its own COA, though you cannot file it jointly with another COA against the same defendant in the same matter.
Chapter 27 Client Relations and Fee Agreements pgs.1485-1533.
-p.1519 What is a charging lien?
-p.1529 When do you file a demand for appointment of arbitrators and may either party file it?
-p.1533 What is the lodestar approach?
-27:10 So fees for property damage are the same as personal injury or wrongful death?
-When fee-splitting a contingency fee, the primary gets 75% and the secondary gets 25%.
-p.1528 Standards for the fee.
Chapter 28 The Jury pgs.1535-1555.
-p.1543 What is back striking a juror?
-p.1554 I am not sure how peremptory challenges work with alternate jurors.
-Always poll the jury if they return a verdict against you.
Wednesday, July 28, 2010
A Thank You to the Armed Services
In an effort to save money for the remainder of the summer, I have come back to visit North Carolina and my parents until classes begin in the fall.
I spend my days at the Robeson Community College campus library, reading treatises on Florida tort law. Law school is not easy, but the actual practice of law promises to be even more difficult and unforgiving. This is quite the all-consuming world for me, and it takes most of my time and energy. Coming back to my parents' house, though, reminds me of how different the world is for many other people. My parents live very close to Fayetteville and Fort Bragg.
Fort Bragg, the world's largest army base, is home to the Green Berets and the famed 82nd Airborne Division. On a daily basis, planes and helicopters from the base fly over our house, and occasionally in the yard I can hear the low boom of artillery fire.
Just a short drive to the east is Camp Lejeune, the nation's largest Marine Corps base. I used to do work as a civilian on Camp Lejeune, and I remember the large oil paintings in the headquarters of the 2nd Military Expeditionary Force. The paintings depicted the exploits of that unit during the Pacific island-hopping campaign of World War Two.
Many veterans of WWII, Korea, Vietnam, the Gulf Wars, and Afghanistan remain in this area after their service is done. Local news outlets report on base activities and base casualties with more detail than the national media. It is sad to read in the paper about a new widow with a small child, or a soldier returning with severe brain damage, or a Marine missing in action in Afghanistan.
Honestly, these are things that I do not contemplate when I am in the middle of a semester in Tallahassee. To be even more honest, I probably will not dwell on it much after I graduate, either, when I am a lawyer out fighting for my clients. It is just too exhausting and depressing.
But I thought here would be a good time to say a simple "Thank You" to the veterans and the active members of the armed services. Because of their sacrifice and determination, I am able to drive from North Carolina to Florida in freedom, to study law at Florida State University, and to work at improving myself in our society. The options available to me in America are non-existent in most other countries of the world. The options are available here because our armed services have fought and continue to fight to preserve them. A blog entry "thank you" is nothing in the way of what our service members deserve, but it is what I can do.
So I say again, Thank You to our veterans and active military members who make our country the greatest on earth. I am appreciative of you and your bravery.
Until Next Time,
Nathan Marshburn
I spend my days at the Robeson Community College campus library, reading treatises on Florida tort law. Law school is not easy, but the actual practice of law promises to be even more difficult and unforgiving. This is quite the all-consuming world for me, and it takes most of my time and energy. Coming back to my parents' house, though, reminds me of how different the world is for many other people. My parents live very close to Fayetteville and Fort Bragg.
Fort Bragg, the world's largest army base, is home to the Green Berets and the famed 82nd Airborne Division. On a daily basis, planes and helicopters from the base fly over our house, and occasionally in the yard I can hear the low boom of artillery fire.
Just a short drive to the east is Camp Lejeune, the nation's largest Marine Corps base. I used to do work as a civilian on Camp Lejeune, and I remember the large oil paintings in the headquarters of the 2nd Military Expeditionary Force. The paintings depicted the exploits of that unit during the Pacific island-hopping campaign of World War Two.
Many veterans of WWII, Korea, Vietnam, the Gulf Wars, and Afghanistan remain in this area after their service is done. Local news outlets report on base activities and base casualties with more detail than the national media. It is sad to read in the paper about a new widow with a small child, or a soldier returning with severe brain damage, or a Marine missing in action in Afghanistan.
Honestly, these are things that I do not contemplate when I am in the middle of a semester in Tallahassee. To be even more honest, I probably will not dwell on it much after I graduate, either, when I am a lawyer out fighting for my clients. It is just too exhausting and depressing.
But I thought here would be a good time to say a simple "Thank You" to the veterans and the active members of the armed services. Because of their sacrifice and determination, I am able to drive from North Carolina to Florida in freedom, to study law at Florida State University, and to work at improving myself in our society. The options available to me in America are non-existent in most other countries of the world. The options are available here because our armed services have fought and continue to fight to preserve them. A blog entry "thank you" is nothing in the way of what our service members deserve, but it is what I can do.
So I say again, Thank You to our veterans and active military members who make our country the greatest on earth. I am appreciative of you and your bravery.
Until Next Time,
Nathan Marshburn
Friday, July 9, 2010
The 10,000 Hour Rule
Malcolm Gladwell, author of Outliers: The Story of Success, notes what he calls "the 10,000 hour rule" as a necessary part of individual success. Put briefly, the rule is that one must devote 10,000 hours to performing a specific task in order to become proficient at it. Mayor John Marks of Tallahassee mentioned this rule when he spoke to the Summer for Undergraduates students back in May.
Day by day, I am knocking out those 10,000 hours in regard to the practice of Florida personal injury law. I have completed reading Florida Motor Vehicle No-Fault Law: Personal Injury Protection by Russel Lazega, and yesterday I passed the 600 page mark in Judge Sawaya's Florida Personal Injury Law and Practice with Wrongful Death Actions. Only about 900 more pages to go in that volume.
I am pleased with how much I am learning this summer. My torts professor did a good job covering the major areas during my first semester of law school, but these treatises are delving into great detail and providing me with Florida-specific statutes and case law. If my reading rate stays good, I should have time to tackle Ehrhardt's Florida Evidence before school starts back.
It is fair to say that I am learning more on my own than if I was working at a firm this summer- though I would enjoy getting paid.
Until Next Time,
Nathan Marshburn
Day by day, I am knocking out those 10,000 hours in regard to the practice of Florida personal injury law. I have completed reading Florida Motor Vehicle No-Fault Law: Personal Injury Protection by Russel Lazega, and yesterday I passed the 600 page mark in Judge Sawaya's Florida Personal Injury Law and Practice with Wrongful Death Actions. Only about 900 more pages to go in that volume.
I am pleased with how much I am learning this summer. My torts professor did a good job covering the major areas during my first semester of law school, but these treatises are delving into great detail and providing me with Florida-specific statutes and case law. If my reading rate stays good, I should have time to tackle Ehrhardt's Florida Evidence before school starts back.
It is fair to say that I am learning more on my own than if I was working at a firm this summer- though I would enjoy getting paid.
Until Next Time,
Nathan Marshburn
Thursday, July 8, 2010
Time Travel is Painful
Today, I looked through the latest copy of Western Carolina, the magazine of my alma mater. After reading a couple of articles, I flipped to one of the last pages and scanned down the list of "Class Notes."
My heart hammered hard against the inside of my chest when I saw that one of my old schoolmates had died. I quickly went to my computer and googled his name to try and figure out what happened. Apparently, he was struck by a vehicle while out cycling.
Adam was a Resident Assistant (RA) at Reynolds dormitory when I enrolled as a new freshman back in 1995. That year probably seems like a long time ago to the students in law school with me now. But for me, I can call up the memories just like it was yesterday. 1995 might as well be 2007 in my mind. My body and brain do not feel 15 years older, and if I did not know how old I was, I would swear that I am 23 or younger.
I first met Adam when I walked into the lobby of Reynolds dormitory with my dad to move into my new room. He was one of the very first people I ever met at Western Carolina University. That day, he manned the check-in table with Lanny, the student who would be the RA of my specific hallway. Adam was always very friendly to me in his quiet way. He truly was one of the nicest people I have ever met.
I had not thought about Adam in a few years, but in seeing his name in black and white print in the magazine, in looking at his smiling photo posted on the Internet obituary, the memories came rushing back like an avalanche.
The feelings and emotions went beyond memories and transported me back to the fall semester 1995...
I am standing on the cool green grass of the hill in front of Reynolds dormitory, wearing shorts, a t-shirt, and tennis shoes. The weather is warm and fantastic as the sun sets. Adam and I toss a frisbee back and forth. Two girls come out of the dorm and stop to watch us. I throw the frisbee harder. I run and jump when I catch it, stealing obvious glances at the girls to see if they are impressed. I've seen them both before. One in particular is stunning to me, and I get up the guts to ask what her name is.
"Alexis," she says.
"Alexis. That is a very pretty name," I reply. "I do not know anyone else with that name."
I may be saying something else to her, though I'm not sure what. Her aura is overwhelming, and I sort of lose my bearings. Eventually she gives me a sort of puzzled smile and walks off down the hill.
The other girl, a pretty redhead with milky white skin stays to watch us. I know her, or rather I know her boyfriend. He is a blond haired exchange student from France. I have been told that he is literally a prince, a descendant of a royal family.
But the redhead is interested in us. More precisely, she is interested in Adam. She walks up to him, and they begin talking quietly together. Adam casually continues tossing the frisbee to me, now paying more attention to her than to our game. Before long, he tells me that he's had enough for the day. As sunset turns to dusk, Adam and the redhead walk back inside Reynolds together. I watch them as they slowly go up the steps to the doors. They walk very close to each other...
Another memory...
Adam and I walk down the hallway in Reynolds dormitory toward his room. He is going to let me borrow a book or something- I can't remember what exactly. He opens his door, and I am surprised at how barren his room is. He basically only has a bed and some chester drawers.
This is the guy who tempts the beautiful redhead away from the prince? The prince has money and wears very nice clothes. He must have lots of toys. But here is Adam, with his soft-spoken personality, his modest dorm room, his unpretentious life, and the redhead is interested in him.
I stand with Adam (there is no furniture to sit) and talk with him for a while. He tells me that he wants to teach biology when he graduates...
I think Adam moved off campus after the 1995-96 school year, and I had no more contact with him.
1995 was a formative and very happy year for me, but learning of Adam's death brought back the memories too strongly. I was there. I could smell the fresh coat of paint that August in Reynolds dormitory, I could see Alexis, her smooth silky skin and greenish-grey eyes standing right in front of me, her heart breaking sweetness, smiling so happily. I could feel how young my mind was, not knowing how to react to Alexis or the redhead. I could feel my mind trying to take in this entirely new and magical world in Cullowhee, North Carolina.
It was too much. My chest began to ache with a serious pain.
Adam is gone, now. Part of 1995 is gone, now. Part of that fantastic world is gone, now.
And I do not know how to handle it.
I do not know what happens when you die. I do not know what to do when 1995 is suddenly 15 years ago and everything is changing.
Is that time- are those moments- really gone forever? Is Adam really gone forever?
This existence is so incredibly beautiful and so incredibly horrifying at the same time.
I miss Adam, my old RA.
My heart hammered hard against the inside of my chest when I saw that one of my old schoolmates had died. I quickly went to my computer and googled his name to try and figure out what happened. Apparently, he was struck by a vehicle while out cycling.
Adam was a Resident Assistant (RA) at Reynolds dormitory when I enrolled as a new freshman back in 1995. That year probably seems like a long time ago to the students in law school with me now. But for me, I can call up the memories just like it was yesterday. 1995 might as well be 2007 in my mind. My body and brain do not feel 15 years older, and if I did not know how old I was, I would swear that I am 23 or younger.
I first met Adam when I walked into the lobby of Reynolds dormitory with my dad to move into my new room. He was one of the very first people I ever met at Western Carolina University. That day, he manned the check-in table with Lanny, the student who would be the RA of my specific hallway. Adam was always very friendly to me in his quiet way. He truly was one of the nicest people I have ever met.
I had not thought about Adam in a few years, but in seeing his name in black and white print in the magazine, in looking at his smiling photo posted on the Internet obituary, the memories came rushing back like an avalanche.
The feelings and emotions went beyond memories and transported me back to the fall semester 1995...
I am standing on the cool green grass of the hill in front of Reynolds dormitory, wearing shorts, a t-shirt, and tennis shoes. The weather is warm and fantastic as the sun sets. Adam and I toss a frisbee back and forth. Two girls come out of the dorm and stop to watch us. I throw the frisbee harder. I run and jump when I catch it, stealing obvious glances at the girls to see if they are impressed. I've seen them both before. One in particular is stunning to me, and I get up the guts to ask what her name is.
"Alexis," she says.
"Alexis. That is a very pretty name," I reply. "I do not know anyone else with that name."
I may be saying something else to her, though I'm not sure what. Her aura is overwhelming, and I sort of lose my bearings. Eventually she gives me a sort of puzzled smile and walks off down the hill.
The other girl, a pretty redhead with milky white skin stays to watch us. I know her, or rather I know her boyfriend. He is a blond haired exchange student from France. I have been told that he is literally a prince, a descendant of a royal family.
But the redhead is interested in us. More precisely, she is interested in Adam. She walks up to him, and they begin talking quietly together. Adam casually continues tossing the frisbee to me, now paying more attention to her than to our game. Before long, he tells me that he's had enough for the day. As sunset turns to dusk, Adam and the redhead walk back inside Reynolds together. I watch them as they slowly go up the steps to the doors. They walk very close to each other...
Another memory...
Adam and I walk down the hallway in Reynolds dormitory toward his room. He is going to let me borrow a book or something- I can't remember what exactly. He opens his door, and I am surprised at how barren his room is. He basically only has a bed and some chester drawers.
This is the guy who tempts the beautiful redhead away from the prince? The prince has money and wears very nice clothes. He must have lots of toys. But here is Adam, with his soft-spoken personality, his modest dorm room, his unpretentious life, and the redhead is interested in him.
I stand with Adam (there is no furniture to sit) and talk with him for a while. He tells me that he wants to teach biology when he graduates...
I think Adam moved off campus after the 1995-96 school year, and I had no more contact with him.
1995 was a formative and very happy year for me, but learning of Adam's death brought back the memories too strongly. I was there. I could smell the fresh coat of paint that August in Reynolds dormitory, I could see Alexis, her smooth silky skin and greenish-grey eyes standing right in front of me, her heart breaking sweetness, smiling so happily. I could feel how young my mind was, not knowing how to react to Alexis or the redhead. I could feel my mind trying to take in this entirely new and magical world in Cullowhee, North Carolina.
It was too much. My chest began to ache with a serious pain.
Adam is gone, now. Part of 1995 is gone, now. Part of that fantastic world is gone, now.
And I do not know how to handle it.
I do not know what happens when you die. I do not know what to do when 1995 is suddenly 15 years ago and everything is changing.
Is that time- are those moments- really gone forever? Is Adam really gone forever?
This existence is so incredibly beautiful and so incredibly horrifying at the same time.
I miss Adam, my old RA.
Thursday, July 1, 2010
Impressions from Jury Duty
A couple of weeks ago, I sat on a jury for the very first time. The experience was brief. Jury selection took place on a Friday morning, and the trial itself only lasted for half a day during the next week.
The defendant stood charged with driving under the influence and possession of drug paraphernalia. To make the story short, the jury quickly decided "Not Guilty" on both counts.
If I had to bet money, I would say the defendant was guilty of both counts. But you have to be more certain than that under the "Beyond a Reasonable Doubt" standard in criminal law. I believed the state trooper's version of the story. The problem was that the trooper's testimony was the only evidence. The trooper simply said that he smelled alcohol coming from the defendant, that his eyes were blood-shot and his face flushed... That was it. The defendant refused to do a breathalyzer test, and he also refused to do the field sobriety tests. As a result of his refusal, under Florida law the defendant is automatically guilty of a misdemeanor and loses his driving privileges for one year.
As for the possession of drug paraphernalia charge, the state failed to produce the paraphernalia. Due to a mix up in schedules, the state trooper was unable to retrieve it from the evidence cage. So, we voted "not guilty" on both counts.
I did learn quite a bit from my jury service, though. First, I was surprised at how simple and short voir dire (the jury selection process) was. At Parks & Crump last summer, I learned that jury selection is the most important part of the trial. As an attorney told me at a convention in San Francisco last year: "You can not win a trial with a bad jury, and you can still lose it with a good one."
If I were an attorney on either side during this case, I would have wanted to ask many more questions of each potential juror, to try and get a feel for their beliefs on drug use, alcohol consumption, and law enforcement. But it seemed to me that the lawyer for each side barely scratched the surface with us. I do not know how either of them could have gotten a good read on me or anyone else. Perhaps they are more astute than I am in this area.
On the other hand, a long and tedious question and answer process in jury selection ran the risk of turning the jury against the lawyer. Sitting in the jury box, I could see how too many questions, how taking so much time would irritate a juror. So, it is a bit of a catch-22 for the lawyer. I also wanted to ask more personal questions, such as whether anyone had ever been charged with DUI and, if so, what there experience was. But again, these questions could have backfired on myself and my client.
Ours was a half day trial. I wonder what jury selection would be like for a two week civil trial with millions of dollars at stake? Or a lengthy murder case? How much longer would the lawyers take to make their selections?
For practice, I also tried to use the lawyers' questions to get a read on each potential juror. As it turned out, once we got back into the deliberation room to decide the case, I was way off on one person in particular.
There was an older man on our jury that, from the selection process, I thought would be solid for the prosecution. He seemed conservative and patient to me. During the trial, he took no notes and rarely looked up at the lawyers.
But in the deliberation room after closing arguments, he changed. He spoke up quickly and staunchly for the defense. It would have been very difficult for the rest of us to move him if we thought the verdict should be guilty.
Coming out of the courthouse after the trial ended, I did not feel very good. I did not enjoy siding against the state trooper, and I felt like a guilty person had gotten off. In truth, though, ours was the proper verdict. The state has to put on more evidence. I also felt like jury selection is going to be more unpredictable than I hoped. For such an important part of the trial, I was disappointed that I did not recognize how the older man was going to go in deliberation. I need more work in this area. It seems like speed-psychology, and I doubt that is something I can learn from books or classes.
On a positive note, I think jury selection will be just as unpredictable for lawyers on the other side. You are always rolling the dice when you put an issue to a jury.
Truthfully, the best training I have ever received for these necessary skills came on a scorching hot car lot in Las Vegas. Perhaps this sounds strange, but I would not mind being back there again this summer doing the same thing. My job as a salesman out in the desert opened up a new and practical way of thinking, and I am trying hard not to forget what I learned. It would be nice to see all of my fellow salesman buddies again and to keep in practice with that trade.
My experience as a car salesman in Las Vegas taught me so much about what motivates customers, what turns customers off, what scares them, what excites them, and what convinces them. It is absolutely essential to understand this about jurors as well in order to be the most effective advocate for my client.
Until Next Time,
Nathan Marshburn
The defendant stood charged with driving under the influence and possession of drug paraphernalia. To make the story short, the jury quickly decided "Not Guilty" on both counts.
If I had to bet money, I would say the defendant was guilty of both counts. But you have to be more certain than that under the "Beyond a Reasonable Doubt" standard in criminal law. I believed the state trooper's version of the story. The problem was that the trooper's testimony was the only evidence. The trooper simply said that he smelled alcohol coming from the defendant, that his eyes were blood-shot and his face flushed... That was it. The defendant refused to do a breathalyzer test, and he also refused to do the field sobriety tests. As a result of his refusal, under Florida law the defendant is automatically guilty of a misdemeanor and loses his driving privileges for one year.
As for the possession of drug paraphernalia charge, the state failed to produce the paraphernalia. Due to a mix up in schedules, the state trooper was unable to retrieve it from the evidence cage. So, we voted "not guilty" on both counts.
I did learn quite a bit from my jury service, though. First, I was surprised at how simple and short voir dire (the jury selection process) was. At Parks & Crump last summer, I learned that jury selection is the most important part of the trial. As an attorney told me at a convention in San Francisco last year: "You can not win a trial with a bad jury, and you can still lose it with a good one."
If I were an attorney on either side during this case, I would have wanted to ask many more questions of each potential juror, to try and get a feel for their beliefs on drug use, alcohol consumption, and law enforcement. But it seemed to me that the lawyer for each side barely scratched the surface with us. I do not know how either of them could have gotten a good read on me or anyone else. Perhaps they are more astute than I am in this area.
On the other hand, a long and tedious question and answer process in jury selection ran the risk of turning the jury against the lawyer. Sitting in the jury box, I could see how too many questions, how taking so much time would irritate a juror. So, it is a bit of a catch-22 for the lawyer. I also wanted to ask more personal questions, such as whether anyone had ever been charged with DUI and, if so, what there experience was. But again, these questions could have backfired on myself and my client.
Ours was a half day trial. I wonder what jury selection would be like for a two week civil trial with millions of dollars at stake? Or a lengthy murder case? How much longer would the lawyers take to make their selections?
For practice, I also tried to use the lawyers' questions to get a read on each potential juror. As it turned out, once we got back into the deliberation room to decide the case, I was way off on one person in particular.
There was an older man on our jury that, from the selection process, I thought would be solid for the prosecution. He seemed conservative and patient to me. During the trial, he took no notes and rarely looked up at the lawyers.
But in the deliberation room after closing arguments, he changed. He spoke up quickly and staunchly for the defense. It would have been very difficult for the rest of us to move him if we thought the verdict should be guilty.
Coming out of the courthouse after the trial ended, I did not feel very good. I did not enjoy siding against the state trooper, and I felt like a guilty person had gotten off. In truth, though, ours was the proper verdict. The state has to put on more evidence. I also felt like jury selection is going to be more unpredictable than I hoped. For such an important part of the trial, I was disappointed that I did not recognize how the older man was going to go in deliberation. I need more work in this area. It seems like speed-psychology, and I doubt that is something I can learn from books or classes.
On a positive note, I think jury selection will be just as unpredictable for lawyers on the other side. You are always rolling the dice when you put an issue to a jury.
Truthfully, the best training I have ever received for these necessary skills came on a scorching hot car lot in Las Vegas. Perhaps this sounds strange, but I would not mind being back there again this summer doing the same thing. My job as a salesman out in the desert opened up a new and practical way of thinking, and I am trying hard not to forget what I learned. It would be nice to see all of my fellow salesman buddies again and to keep in practice with that trade.
My experience as a car salesman in Las Vegas taught me so much about what motivates customers, what turns customers off, what scares them, what excites them, and what convinces them. It is absolutely essential to understand this about jurors as well in order to be the most effective advocate for my client.
Until Next Time,
Nathan Marshburn
Thursday, June 24, 2010
The Pressure to Maintain and the "Top Five"
Earlier this week, the College of Law issued our new grade point averages and class rank. It was the first time in a year that the school has assessed my position, and my class should not be sorted again until the final ranking is issued after graduation next year.
I was very happy upon receiving the new rank. If I could graduate with my current statistics, I would take it without hesitation. All of the past year was spent trying to raise my GPA and class rank to make up for the mild disappointment of the grades from my first semester of law school.
This goal I have now met.
So, I enjoyed my new position for about an afternoon. That night when I laid down to go to sleep, however, I felt a new and different sort of pressure beginning to creep into my brain.
Now, I have to maintain my spot, I thought. I have climbed the ladder consistently every semester of law school. During my final year, I must work to make sure that I do not drop.
But my study habits should not change much next year, and I know that the pressure I am beginning to feel is nothing compared to the pressure those at the very top of my class must experience- those who are the top five or the top ten.
I do not know who is #1 in our class, and I can understand why that person might want to keep it a secret. A huge target gets drawn on your back, and you become the object of curiosity and envy among people used to making As and being at the top of the class for their whole lives. Your peers study your actions more closely, and some, I am sure, are secretly hoping to see what happens if you stumble.
I am friends with a few people who are in the top five- a couple from my class, a couple from the class that matriculated last year, and a couple from the class that just graduated. I also know the person who graduated first in her class from Florida State Law last year. They all handle the stress of being on top with modesty and politeness. It is no problem to admit here that they are much smarter than myself. They have a gear I am not familiar with and had not seen until I came to law school.
The difference between them and me is that they can learn much more in a shorter period of time than I can. They can listen to a detailed lecture once, do a complex reading assignment once, and get more from it and lay it out in a more organized fashion than if I had it repeated to me five times.
Earlier this semester, I had to miss a couple of classes due to a Mock Trial competition, and I asked one of my friends in the top five for her notes from those missed days. When she gave them to me, I just had to laugh at how good they were. The notes provided me with more information and in a better format than if I had been sitting in class myself. I actually showed them to my parents.
These students in the top five are the people who do not need to take courses tested on the bar exam. They will be able to grasp the requisite knowledge in the two month bar prep course after graduation. These are the people who should be judicial clerks, those prestigious jobs where one works for a judge, helping him or her draft opinions on all types of law.
And yet, when these "top five" go to work at huge law firms with the billable hour requirements, the firm gives them all that they want to handle. Even they are stretched and consumed by their work.
It lets me know that I could not survive, let alone be happy, in such an environment.
My angle, as I wrote about in my previous blog entry, is to become very knowledgeable in one particular area of law that involves the courtroom. I feel confident in the courtroom. Given a neutral set of facts to present to the jury, I have not yet met a person that I feel I could not beat in the courtroom, and this includes the top five students, professors, and current lawyers.
I am somewhat less optimistic about beating out my friends in the top five for the highest grade in a class. Still, the pressure of my trying is something with which they must constantly deal, and it is impressive that they can remain so relaxed and friendly with their colleagues.
Hopefully, I can act as graciously as them in trying to preserve my lesser status in the class ranks.
Until Next Time,
Nathan Marshburn
I was very happy upon receiving the new rank. If I could graduate with my current statistics, I would take it without hesitation. All of the past year was spent trying to raise my GPA and class rank to make up for the mild disappointment of the grades from my first semester of law school.
This goal I have now met.
So, I enjoyed my new position for about an afternoon. That night when I laid down to go to sleep, however, I felt a new and different sort of pressure beginning to creep into my brain.
Now, I have to maintain my spot, I thought. I have climbed the ladder consistently every semester of law school. During my final year, I must work to make sure that I do not drop.
But my study habits should not change much next year, and I know that the pressure I am beginning to feel is nothing compared to the pressure those at the very top of my class must experience- those who are the top five or the top ten.
I do not know who is #1 in our class, and I can understand why that person might want to keep it a secret. A huge target gets drawn on your back, and you become the object of curiosity and envy among people used to making As and being at the top of the class for their whole lives. Your peers study your actions more closely, and some, I am sure, are secretly hoping to see what happens if you stumble.
I am friends with a few people who are in the top five- a couple from my class, a couple from the class that matriculated last year, and a couple from the class that just graduated. I also know the person who graduated first in her class from Florida State Law last year. They all handle the stress of being on top with modesty and politeness. It is no problem to admit here that they are much smarter than myself. They have a gear I am not familiar with and had not seen until I came to law school.
The difference between them and me is that they can learn much more in a shorter period of time than I can. They can listen to a detailed lecture once, do a complex reading assignment once, and get more from it and lay it out in a more organized fashion than if I had it repeated to me five times.
Earlier this semester, I had to miss a couple of classes due to a Mock Trial competition, and I asked one of my friends in the top five for her notes from those missed days. When she gave them to me, I just had to laugh at how good they were. The notes provided me with more information and in a better format than if I had been sitting in class myself. I actually showed them to my parents.
These students in the top five are the people who do not need to take courses tested on the bar exam. They will be able to grasp the requisite knowledge in the two month bar prep course after graduation. These are the people who should be judicial clerks, those prestigious jobs where one works for a judge, helping him or her draft opinions on all types of law.
And yet, when these "top five" go to work at huge law firms with the billable hour requirements, the firm gives them all that they want to handle. Even they are stretched and consumed by their work.
It lets me know that I could not survive, let alone be happy, in such an environment.
My angle, as I wrote about in my previous blog entry, is to become very knowledgeable in one particular area of law that involves the courtroom. I feel confident in the courtroom. Given a neutral set of facts to present to the jury, I have not yet met a person that I feel I could not beat in the courtroom, and this includes the top five students, professors, and current lawyers.
I am somewhat less optimistic about beating out my friends in the top five for the highest grade in a class. Still, the pressure of my trying is something with which they must constantly deal, and it is impressive that they can remain so relaxed and friendly with their colleagues.
Hopefully, I can act as graciously as them in trying to preserve my lesser status in the class ranks.
Until Next Time,
Nathan Marshburn
Sunday, June 20, 2010
The Plan
This summer is shaping up to be a bit of a double edged sword.
To my surprise, despite earning grades this year that were much better than in my first year of law school, I am unemployed right now.
I was thrown a bit of a curve ball when, due to the economic downturn, the firm I worked with last summer decided not to hire any law clerks at all this season. Last year, I was one of three that they hired. But I can not hold this against them. They gave me perhaps my most important experience during law school, and I am indebted to them for the trips and the meals to which they treated me last summer.
Also, though I have absolutely no regrets about working for the Summer for Undergraduates Program, this hampered me in some capacity for finding work with a firm. The program cut into about five weeks of the summer break, and law firms are more reluctant to bring on someone who is only going to be around two months.
So, I am going to miss the income.
But now for the other side of the sword. I am treating this break as if there was not one, as if I were still taking classes full time. Only now, I am studying books in the area where I think I need the most knowledge- personal injury law.
My experiences this year taught me that I will probably not be happy working at a firm that operates under the billable hour system. Unfortunately, the billable hour system is utilized by firms in most areas of law. Perhaps in a future blog entry I will detail just how that system works.
On January 16th of this year, I wrote a blog entry about how a student can not predict what kind of law he or she will practice. I now have to make that blog entry not true in regards to myself. Personal injury law, the type that I worked with last summer, is the major area where firms do not operate by the billable hour.
So, with this new knowledge of myself, my plan is to become as proficient as possible in personal injury law before graduation. I must make a P.I. firm want to hire me.
This summer, I will teach myself a course in personal injury law, as it is not a subject specifically taught by the law school. This break is a wonderful opportunity to learn. While working at the law firm last summer, there were times when I wished I had hours or even days to study a particular topic before submitting my memo or motion. By the end of the first week, I knew to keep my torts textbook and my civil procedure text and notes with me at my desk. Deadlines imposed by the partners or other lawyers kept me from doing as good a job as I would have liked.
Now is my chance, though. When school resumes in the fall, I will have a full slate of reading assigned to me. When I graduate, I will immediately begin studying for the bar exam. And when I land a job, I am sure it will be full tilt boogey and I will have to learn what I can on the fly and in real situations with real consequences.
But right now, I have time. I will read and take notes on Florida Motor Vehicle No-Fault Law: Personal Injury Protection by Russel Lazega. This is a Florida Practice Series book of about 450 pages in length before the appendix. I have already knocked out about 200 pages of it. After completing that book, I will read Florida Personal Injury Law and Practice with Wrongful Death Actions by Judge Thomas Sawaya. This is a volume of over 1500 pages before the supplemental information. I am unaware of any course currently taught at the law school that would require me to even glance at these texts, yet they should prove extremely valuable in actual practice.
The reading should take up the rest of my summer.
Also, a couple of weeks ago I received a jury summons for the first time in my life. I reported as directed on Friday, and to my surprise after voir dire I was selected to sit on the jury for a criminal case. It will be interesting and useful to watch a trial from the jury box, and then go into the deliberation room and observe how the jury members come to their decision.
As for my blog entries for the rest of the summer- we will see what I write about. I doubt that highlights of my week's readings will prove that enthralling.
Until Next Time,
Nathan Marshburn
To my surprise, despite earning grades this year that were much better than in my first year of law school, I am unemployed right now.
I was thrown a bit of a curve ball when, due to the economic downturn, the firm I worked with last summer decided not to hire any law clerks at all this season. Last year, I was one of three that they hired. But I can not hold this against them. They gave me perhaps my most important experience during law school, and I am indebted to them for the trips and the meals to which they treated me last summer.
Also, though I have absolutely no regrets about working for the Summer for Undergraduates Program, this hampered me in some capacity for finding work with a firm. The program cut into about five weeks of the summer break, and law firms are more reluctant to bring on someone who is only going to be around two months.
So, I am going to miss the income.
But now for the other side of the sword. I am treating this break as if there was not one, as if I were still taking classes full time. Only now, I am studying books in the area where I think I need the most knowledge- personal injury law.
My experiences this year taught me that I will probably not be happy working at a firm that operates under the billable hour system. Unfortunately, the billable hour system is utilized by firms in most areas of law. Perhaps in a future blog entry I will detail just how that system works.
On January 16th of this year, I wrote a blog entry about how a student can not predict what kind of law he or she will practice. I now have to make that blog entry not true in regards to myself. Personal injury law, the type that I worked with last summer, is the major area where firms do not operate by the billable hour.
So, with this new knowledge of myself, my plan is to become as proficient as possible in personal injury law before graduation. I must make a P.I. firm want to hire me.
This summer, I will teach myself a course in personal injury law, as it is not a subject specifically taught by the law school. This break is a wonderful opportunity to learn. While working at the law firm last summer, there were times when I wished I had hours or even days to study a particular topic before submitting my memo or motion. By the end of the first week, I knew to keep my torts textbook and my civil procedure text and notes with me at my desk. Deadlines imposed by the partners or other lawyers kept me from doing as good a job as I would have liked.
Now is my chance, though. When school resumes in the fall, I will have a full slate of reading assigned to me. When I graduate, I will immediately begin studying for the bar exam. And when I land a job, I am sure it will be full tilt boogey and I will have to learn what I can on the fly and in real situations with real consequences.
But right now, I have time. I will read and take notes on Florida Motor Vehicle No-Fault Law: Personal Injury Protection by Russel Lazega. This is a Florida Practice Series book of about 450 pages in length before the appendix. I have already knocked out about 200 pages of it. After completing that book, I will read Florida Personal Injury Law and Practice with Wrongful Death Actions by Judge Thomas Sawaya. This is a volume of over 1500 pages before the supplemental information. I am unaware of any course currently taught at the law school that would require me to even glance at these texts, yet they should prove extremely valuable in actual practice.
The reading should take up the rest of my summer.
Also, a couple of weeks ago I received a jury summons for the first time in my life. I reported as directed on Friday, and to my surprise after voir dire I was selected to sit on the jury for a criminal case. It will be interesting and useful to watch a trial from the jury box, and then go into the deliberation room and observe how the jury members come to their decision.
As for my blog entries for the rest of the summer- we will see what I write about. I doubt that highlights of my week's readings will prove that enthralling.
Until Next Time,
Nathan Marshburn
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