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
Showing posts with label The Second Year. Show all posts
Showing posts with label The Second Year. Show all posts
Saturday, August 7, 2010
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 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
Tuesday, May 11, 2010
Stress
The three week span from the last day of class, through the "dead week" of no classes or exams while students study and prepare, through the day of the last exam is the most stressful time of the semester for a law school student.
This was my fourth time going through it. A person's reaction to stress varies in expression. I am no exception. Once classes ended this semester, I noticed a strange tickling twitch in my stomach almost every night when I laid down and tried to sleep. During one stretch when I had exams three days in a row, my sleep pattern got completely screwed up. I woke up in the morning at 3am and, unable to get back to sleep, decided to just go on to the library. I was there from 4:30 in the morning studying until my exam started at 8:30am.
In other students, I saw a need for physical comfort. Some guys and girls would suddenly become affectionate couples- if only for these three weeks. I remember a female friend of mine saying last year during exams, "I just need to be held." Another student would go off by herself and cry and then come back normal in time for the exam. Yet another good friend of mine had to seek professional help to get through this semester. He has other things going on in his life, though. I really hope he makes it through law school.
Why these rather extreme reactions? As I have explained before, exams mean more in law school than in undergraduate classes. In most law school classes, your exam grade IS your grade for the class. You receive no other feedback from the rest of the semester. There is a mandatory curve grading system in most classes: The top 5% receive As, the bottom 5% receive Ds and Fs, with the remaining percentages divided between Bs or Cs. We are all aware of what our individual class rank is. Job offers may appear or not based on how well you perform on your exams. Differences of many thousands of dollars in future pay ride on your grades on these exams.
It is a credit to the students of Florida State Law that we do not become cut-throat competitive over exams the way I have heard they do at other law schools. We frequently study in groups and share notes or outlines. I have yet to see a student slicing pages out of a library text as sometimes happens in other places.
While they are no fun, I would much rather deal with the pressure of three exams in a row than trying to complete two mail routes before 9pm in Washington, DC, as I had to do in times past. But that is an analogy unique to my life experience. . .
After two years of law school, I've taken a number of different styles of exams. Some are more fair than others, in my humble opinion. Professors work hard in crafting an exam that challenges students and covers the material taught in the course. The professors here are much smarter than me and have put many more hours into thinking about their exam than I have, but I do have some suggestions that may or may not be useful. While a "fair" exam will probably do nothing to relieve the stress students feel prior to taking an exam, it can help during the test itself and afterwards when we are replaying the questions and answers again and again in our heads.
My number one pet peeve is to encounter an exam that is a typing race. Some of my colleagues are amazingly fast typists, and almost everybody in law school types faster than me. About once per semester, it seems I get an exam designed so that you are not supposed to finish, and the person who can type the fastest and get the most information in a "word vomit" on paper wins and gets the best grade.
One friend who is a very fast typist heard me commenting about this after one exam. She came up to me in the library and asked me to show her how fast I could type. I went to a computer and gave her a demonstration. Her eyes got a little wide after watching me for a minute and she said quietly, "Yeah, that's pretty bad."
During a four hour marathon typing race exam, I managed to get out 8 typed pages, though I could have continued typing for another four hours. One of the highest grades in that class, on the other hand, was an exam of 18 typed pages.
A pet peeve of other students (though not me) is the multiple choice exam. I tend to do better on multiple choice exams, but many students complain about these. When a client comes off the street and presents you with their problems, the students say, you are not going to have multiple choices magically appear before you to select the correct advice to give the client. Some professors in the law school will not give multiple choice exams for this reason, though much of the Florida Bar Exam is in multiple choice format.
The exam software can throw off the fairness of the exam. "Exam 4" is the software we use, and it allows for the professor to have the exam administered in "open" or "closed" format. The closed format shuts down access to any files on your laptop while you take the exam, but open format allows access to these files. Open format gives a great advantage to the students who type and save their notes on their laptop during the semester. They can use the Control F key to locate specific terms instantly in notes that may span well over a hundred pages. A person who hand writes, obviously, does not have this ability. When an exam is open book/note but closed mode on the "Exam 4" software, students who have typed their outlines or notes simply print them off prior to the exam, which levels the playing field with those who hand write. Some professors are unfamiliar with the differences between open and closed mode on "Exam 4."
The most fair exams, in my opinion, are those which present fact patterns like you would receive as a lawyer practicing in the particular subject being tested. The student would then write an essay, identifying the issues and explaining the legal advice that student would give. The exam could be open or closed book/notes, depending on the complexity and amount of material covered during the course. The exam software would be in closed format, with a word limit imposed for those typing or a set number of blue book pages for those hand writing. The test would be one that every student could easily finish in the time allotted. This style of exam would also minimize problems that occur when a student's computer malfunctions- which has happened in several of my exams.
I am sure there are students who would argue that my suggestion is also an unfair exam style. We are in training to be lawyers, after all. And personally, I will defend the multiple choice exam format, though I can see the other side's point.
Part of this blog entry is just me venting some of the ideas and emotions I felt during the stress of exam season. But at the end of the day, all of the students at Florida State Law are in a pretty good position. The style of an exam is a petty thing to bicker about when millions of gallons of oil are beginning to hit the Gulf Coast. There are thousands if not millions of people who would trade places with the students at Florida State Law, who would instantly trade the pressures and stresses of their own lives for the pressure of doing well on school exams. If the format of a law school exam is all I have to complain about in my life, then I should not be complaining at all.
Until Next Time,
Nathan Marshburn
This was my fourth time going through it. A person's reaction to stress varies in expression. I am no exception. Once classes ended this semester, I noticed a strange tickling twitch in my stomach almost every night when I laid down and tried to sleep. During one stretch when I had exams three days in a row, my sleep pattern got completely screwed up. I woke up in the morning at 3am and, unable to get back to sleep, decided to just go on to the library. I was there from 4:30 in the morning studying until my exam started at 8:30am.
In other students, I saw a need for physical comfort. Some guys and girls would suddenly become affectionate couples- if only for these three weeks. I remember a female friend of mine saying last year during exams, "I just need to be held." Another student would go off by herself and cry and then come back normal in time for the exam. Yet another good friend of mine had to seek professional help to get through this semester. He has other things going on in his life, though. I really hope he makes it through law school.
Why these rather extreme reactions? As I have explained before, exams mean more in law school than in undergraduate classes. In most law school classes, your exam grade IS your grade for the class. You receive no other feedback from the rest of the semester. There is a mandatory curve grading system in most classes: The top 5% receive As, the bottom 5% receive Ds and Fs, with the remaining percentages divided between Bs or Cs. We are all aware of what our individual class rank is. Job offers may appear or not based on how well you perform on your exams. Differences of many thousands of dollars in future pay ride on your grades on these exams.
It is a credit to the students of Florida State Law that we do not become cut-throat competitive over exams the way I have heard they do at other law schools. We frequently study in groups and share notes or outlines. I have yet to see a student slicing pages out of a library text as sometimes happens in other places.
While they are no fun, I would much rather deal with the pressure of three exams in a row than trying to complete two mail routes before 9pm in Washington, DC, as I had to do in times past. But that is an analogy unique to my life experience. . .
After two years of law school, I've taken a number of different styles of exams. Some are more fair than others, in my humble opinion. Professors work hard in crafting an exam that challenges students and covers the material taught in the course. The professors here are much smarter than me and have put many more hours into thinking about their exam than I have, but I do have some suggestions that may or may not be useful. While a "fair" exam will probably do nothing to relieve the stress students feel prior to taking an exam, it can help during the test itself and afterwards when we are replaying the questions and answers again and again in our heads.
My number one pet peeve is to encounter an exam that is a typing race. Some of my colleagues are amazingly fast typists, and almost everybody in law school types faster than me. About once per semester, it seems I get an exam designed so that you are not supposed to finish, and the person who can type the fastest and get the most information in a "word vomit" on paper wins and gets the best grade.
One friend who is a very fast typist heard me commenting about this after one exam. She came up to me in the library and asked me to show her how fast I could type. I went to a computer and gave her a demonstration. Her eyes got a little wide after watching me for a minute and she said quietly, "Yeah, that's pretty bad."
During a four hour marathon typing race exam, I managed to get out 8 typed pages, though I could have continued typing for another four hours. One of the highest grades in that class, on the other hand, was an exam of 18 typed pages.
A pet peeve of other students (though not me) is the multiple choice exam. I tend to do better on multiple choice exams, but many students complain about these. When a client comes off the street and presents you with their problems, the students say, you are not going to have multiple choices magically appear before you to select the correct advice to give the client. Some professors in the law school will not give multiple choice exams for this reason, though much of the Florida Bar Exam is in multiple choice format.
The exam software can throw off the fairness of the exam. "Exam 4" is the software we use, and it allows for the professor to have the exam administered in "open" or "closed" format. The closed format shuts down access to any files on your laptop while you take the exam, but open format allows access to these files. Open format gives a great advantage to the students who type and save their notes on their laptop during the semester. They can use the Control F key to locate specific terms instantly in notes that may span well over a hundred pages. A person who hand writes, obviously, does not have this ability. When an exam is open book/note but closed mode on the "Exam 4" software, students who have typed their outlines or notes simply print them off prior to the exam, which levels the playing field with those who hand write. Some professors are unfamiliar with the differences between open and closed mode on "Exam 4."
The most fair exams, in my opinion, are those which present fact patterns like you would receive as a lawyer practicing in the particular subject being tested. The student would then write an essay, identifying the issues and explaining the legal advice that student would give. The exam could be open or closed book/notes, depending on the complexity and amount of material covered during the course. The exam software would be in closed format, with a word limit imposed for those typing or a set number of blue book pages for those hand writing. The test would be one that every student could easily finish in the time allotted. This style of exam would also minimize problems that occur when a student's computer malfunctions- which has happened in several of my exams.
I am sure there are students who would argue that my suggestion is also an unfair exam style. We are in training to be lawyers, after all. And personally, I will defend the multiple choice exam format, though I can see the other side's point.
Part of this blog entry is just me venting some of the ideas and emotions I felt during the stress of exam season. But at the end of the day, all of the students at Florida State Law are in a pretty good position. The style of an exam is a petty thing to bicker about when millions of gallons of oil are beginning to hit the Gulf Coast. There are thousands if not millions of people who would trade places with the students at Florida State Law, who would instantly trade the pressures and stresses of their own lives for the pressure of doing well on school exams. If the format of a law school exam is all I have to complain about in my life, then I should not be complaining at all.
Until Next Time,
Nathan Marshburn
Wednesday, May 5, 2010
"The Force is with you, young Skywalker. But you are not a Jedi, yet."
Exams are done for this spring semester. I have to wait for my grades, but otherwise two years of law school are in the books.
My experience at Florida State Law has prepared me well, and I am now ready to begin work as a lawyer- sort of.
I have complete confidence in my abilities to start tomorrow as a personal injury attorney. Of course, I won't be an expert in the field, but there is not much more that another year of law school will do to help me prepare for that job. One of the courses offered in the spring is "Complex Civil Litigation," and that will be my number one draft pick for classes next year. A class in "Remedies" would also be helpful, but otherwise I just need to get into the fray and learn my way.
I am also ready to dive into work as an insurance defense attorney. This job is often the other side of the battle in personal injury cases. My insurance law class taught me a lot this year, and now it is time for me to apply that knowledge in a practical manner.
These are the only two areas where I can say that I am "good to go," though. As of the end of two years of law school, I am not qualified to do corporation law, nor criminal law, nor wills and estates, nor employment law. I have had absolutely no exposure to family law or tax law.
Many of these subjects are tested on the Florida Bar Exam. So next year, my final year of law school, will be devoted to learning these subjects better.
Law school is fun for me, but I now understand better the phrase: "The first year of law school, they scare you to death. The second year, they work you to death. The third year, they bore you to death." School has never bored me, but I am somewhat anxious to be done for one reason only- I am ready to start making money again.
Filling out FAFSAs (the federal application for financial student aid), going further into debt, and living the economical lifestyle of the cash-strapped student is getting a little old. I'm ready to swing out some, go out a little more and not worry so much about finances. I have heeded well another phrase about law school: "If you live like a lawyer when you are a student, you will live like a student when you become a lawyer."
But I can not complain. Life in Tallahassee is good. The weather is warm, and tonight I will celebrate the end of exams with my friends. I am a happy person, much happier than most people in this world. I have enough experience to know that when you are in a place that makes you happy, you should not be in such a big rush to change it.
Until Next Time,
Nathan Marshburn
My experience at Florida State Law has prepared me well, and I am now ready to begin work as a lawyer- sort of.
I have complete confidence in my abilities to start tomorrow as a personal injury attorney. Of course, I won't be an expert in the field, but there is not much more that another year of law school will do to help me prepare for that job. One of the courses offered in the spring is "Complex Civil Litigation," and that will be my number one draft pick for classes next year. A class in "Remedies" would also be helpful, but otherwise I just need to get into the fray and learn my way.
I am also ready to dive into work as an insurance defense attorney. This job is often the other side of the battle in personal injury cases. My insurance law class taught me a lot this year, and now it is time for me to apply that knowledge in a practical manner.
These are the only two areas where I can say that I am "good to go," though. As of the end of two years of law school, I am not qualified to do corporation law, nor criminal law, nor wills and estates, nor employment law. I have had absolutely no exposure to family law or tax law.
Many of these subjects are tested on the Florida Bar Exam. So next year, my final year of law school, will be devoted to learning these subjects better.
Law school is fun for me, but I now understand better the phrase: "The first year of law school, they scare you to death. The second year, they work you to death. The third year, they bore you to death." School has never bored me, but I am somewhat anxious to be done for one reason only- I am ready to start making money again.
Filling out FAFSAs (the federal application for financial student aid), going further into debt, and living the economical lifestyle of the cash-strapped student is getting a little old. I'm ready to swing out some, go out a little more and not worry so much about finances. I have heeded well another phrase about law school: "If you live like a lawyer when you are a student, you will live like a student when you become a lawyer."
But I can not complain. Life in Tallahassee is good. The weather is warm, and tonight I will celebrate the end of exams with my friends. I am a happy person, much happier than most people in this world. I have enough experience to know that when you are in a place that makes you happy, you should not be in such a big rush to change it.
Until Next Time,
Nathan Marshburn
Friday, April 9, 2010
Justice Scalia
Yesterday, a true giant of the legal community paid a visit to Florida State Law.
Supreme Court Justice Antonin Scalia spoke to a standing room only audience of law students, professors, and prominent judges and attorneys from Tallahassee.
It was an impressive and memorable event. Though constitutional law is probably right behind business law as being my most challenging subject, I knew enough before I ever came to law school to realize the importance of the figure on stage only forty feet away from me.
It seemed that the hardest thing for Justice Scalia to do yesterday during his appearance was to actually walk across the stage. He moved more stiffly than I expected, and his eyes appeared a little cloudy as he sat in a chair awaiting his introduction to us. He seemed much older than the person I have watched on C-Span, 60 Minutes and YouTube. Age is catching up to him, I thought. But he had me fooled.
As soon as he took his place behind the podium, he became 20 years younger. His eyes lost their hazy opaqueness, and his clear and persuasive voice rang out familiarly over the audience. This was the Justice Scalia I expected, and I could easily match his voice with the opinions and dissents by him that I have read in my property, criminal law, criminal procedure, and constitutional law classes. It was a bit exhilarating to think that at the podium just ahead of me was the embodiment and origin of many ideas and expression that have changed the law of the country.
It also amused me to watch some of my colleagues. They were truly in awe of the man, and their facial expressions and enthusiasm reminded me at times of fans I had seen at rock concerts. But this was not a typical audience interested only in being entertained. The people listening to Justice Scalia already knew him in many ways, even if they had never seen him in person before. The people sitting around me were highly intelligent and trained in the law. I could feel them analyzing Justice Scalia's words in the context of everything they had read by him and by other Supreme Court Justices in argument against his ideas.
Of course, Justice Scalia knew his audience, too, and with almost no preamble launched into a discourse on originalism.
Despite what one might think of Justice Scalia's conservative views, I find it difficult to argue with his legal reasoning. I am not the person to properly advocate for an originalist view of the Constitution, but Justice Scalia largely convinced me yesterday that an originalist interpretation is more protective of freedom, more flexible, and more democratic than seeing the Constitution as a "living document." An originalist, by contrast to the "living document" ideology, views the Constitution as an enduring document, and interprets the language as the original framers would have done.
He insightfully noted that people used to say, "There ought to be a law..." when they found something annoying, such as playing a boom box in a public park. People do not say that anymore, though. Instead, if something deeply offends them, they say, "It's unconstitutional."
Justice Scalia effectively pointed out the danger of this shift, of having the Supreme Court treat the Constitution as a living document, capable of changing with the whims of society. When the Supreme Court rules that a law is unconstitutional, it removes that law from democratic debate. Take the example of abortion. Because the Supreme Court has ruled on the matter, it is now largely outside the sphere of Congress. This is less democratic, Justice Scalia argued. Justice Scalia said the better way to affect change in our society is through Congress. Convince your fellow citizens to persuade Congress to pass a law or repeal a law if an issue is important enough to you. Congress has its finger on the pulse of the people, not the Supreme Court. Congress also has more freedom to repeal a law that has fallen out of favor. When the Supreme Court rules on a matter, this is more permanent. It would take the Court overruling its previous decision or a constitutional amendment to undo its decision. Justice Scalia also brought up a couple of cases where treating the Constitution as a living document cut both ways, against liberals and against conservatives.
Though there are some problems with an originalist view, again, I am not the person to take them on here.
Justice Scalia's admitted purpose in visiting our law school was to get law school students to think about "Originalism" versus "The Living Constitution" and the effects it has and will have on our society for years to come. His visit yesterday was a real treat and an event I will probably remember for the rest of my life. It was not lost on me how fortunate I am to be a student here and to have these opportunities.
Until Next Time,
Nathan Marshburn
Supreme Court Justice Antonin Scalia spoke to a standing room only audience of law students, professors, and prominent judges and attorneys from Tallahassee.
It was an impressive and memorable event. Though constitutional law is probably right behind business law as being my most challenging subject, I knew enough before I ever came to law school to realize the importance of the figure on stage only forty feet away from me.
It seemed that the hardest thing for Justice Scalia to do yesterday during his appearance was to actually walk across the stage. He moved more stiffly than I expected, and his eyes appeared a little cloudy as he sat in a chair awaiting his introduction to us. He seemed much older than the person I have watched on C-Span, 60 Minutes and YouTube. Age is catching up to him, I thought. But he had me fooled.
As soon as he took his place behind the podium, he became 20 years younger. His eyes lost their hazy opaqueness, and his clear and persuasive voice rang out familiarly over the audience. This was the Justice Scalia I expected, and I could easily match his voice with the opinions and dissents by him that I have read in my property, criminal law, criminal procedure, and constitutional law classes. It was a bit exhilarating to think that at the podium just ahead of me was the embodiment and origin of many ideas and expression that have changed the law of the country.
It also amused me to watch some of my colleagues. They were truly in awe of the man, and their facial expressions and enthusiasm reminded me at times of fans I had seen at rock concerts. But this was not a typical audience interested only in being entertained. The people listening to Justice Scalia already knew him in many ways, even if they had never seen him in person before. The people sitting around me were highly intelligent and trained in the law. I could feel them analyzing Justice Scalia's words in the context of everything they had read by him and by other Supreme Court Justices in argument against his ideas.
Of course, Justice Scalia knew his audience, too, and with almost no preamble launched into a discourse on originalism.
Despite what one might think of Justice Scalia's conservative views, I find it difficult to argue with his legal reasoning. I am not the person to properly advocate for an originalist view of the Constitution, but Justice Scalia largely convinced me yesterday that an originalist interpretation is more protective of freedom, more flexible, and more democratic than seeing the Constitution as a "living document." An originalist, by contrast to the "living document" ideology, views the Constitution as an enduring document, and interprets the language as the original framers would have done.
He insightfully noted that people used to say, "There ought to be a law..." when they found something annoying, such as playing a boom box in a public park. People do not say that anymore, though. Instead, if something deeply offends them, they say, "It's unconstitutional."
Justice Scalia effectively pointed out the danger of this shift, of having the Supreme Court treat the Constitution as a living document, capable of changing with the whims of society. When the Supreme Court rules that a law is unconstitutional, it removes that law from democratic debate. Take the example of abortion. Because the Supreme Court has ruled on the matter, it is now largely outside the sphere of Congress. This is less democratic, Justice Scalia argued. Justice Scalia said the better way to affect change in our society is through Congress. Convince your fellow citizens to persuade Congress to pass a law or repeal a law if an issue is important enough to you. Congress has its finger on the pulse of the people, not the Supreme Court. Congress also has more freedom to repeal a law that has fallen out of favor. When the Supreme Court rules on a matter, this is more permanent. It would take the Court overruling its previous decision or a constitutional amendment to undo its decision. Justice Scalia also brought up a couple of cases where treating the Constitution as a living document cut both ways, against liberals and against conservatives.
Though there are some problems with an originalist view, again, I am not the person to take them on here.
Justice Scalia's admitted purpose in visiting our law school was to get law school students to think about "Originalism" versus "The Living Constitution" and the effects it has and will have on our society for years to come. His visit yesterday was a real treat and an event I will probably remember for the rest of my life. It was not lost on me how fortunate I am to be a student here and to have these opportunities.
Until Next Time,
Nathan Marshburn
Sunday, March 28, 2010
When Fla. Stat. Annotated Becomes Blurry
Yesterday, the weather was fantastic, with a high near 80 degrees and plenty of sunshine. Yet I still managed to force myself into the law school library to study.
Once there, I went to a relatively empty part of the library and sat down close to a cute girl whom I know. She too had lots of school work to get done.
When I study, I have a habit of looking up frequently, just for the purpose of refocusing my eyes. Usually, I look up from my book and simply stare at a far wall or out a window for a few seconds. I did not realize, though, that every time I looked up on this day I was actually staring at the girl. After about 15 minutes of this, she finally looked back at me with a puzzled expression. It immediately dawned on me what I had been doing.
I apologized to her and explained my trick for refocusing my eyes. I also told her that my eyes must subconsciously go to her, as she is much prettier than a wall or what I can see out the windows of the law school library. She smiled when I told her this.
She also told me the same thing happens to her. The book cases in the library have signs that stick out, identifying various collections. She pointed down one of the aisles.
"You see that sign?" she asked.
I did. It read "Fla. Stat. Annotated," which stands for the annotated version of the Florida Statutes.
"When that sign becomes blurry, I know that I've been reading too long," she said.
We continued studying quietly, though now I made a conscious effort not to look at her when I raised my head from my book.
But after another 20 minutes or so, she suddenly closed her laptop computer and announced, "This is too depressing. I've got to get out of here."
It felt a little like a needle going into my chest, that she would think sitting close to me and studying was "depressing," but I quickly recovered. I could not blame her. The weather was gorgeous outside. I did not want to be studying myself.
After she left, I spent another half-hour in the library. I looked out the windows and saw how bright it was outside. I then looked down the aisle at the tag marked "Fla. Stat. Annotated." I imagined that it was beginning to become blurry, and I took that as my excuse to get outside.
I do not regret the decision. After simply walking around the campus for a while, enjoying the warm day, I went with some friends from the law school to the old intramural fields to hit and field some softball. After an hour or so of that, I watched the second half of a women's lacrosse match between FSU and Miami on the fields. The 'Noles trounced the 'Canes, and I got to watch a beautiful sunset during the match.
The view of Tallahassee from the old intramural fields is surprisingly impressive. To the east, you look all the way down St. Augustine Street. The Executive Building where the governor works is clearly visible, including most of the other tall buildings of the city. The setting sun changes the color of these buildings from how they appear during the day.
To the northwest is Doak Campbell football stadium and the baseball stadium. The sun setting behind both of these structures is also a striking image.
To the south is a picturesque postcard of what "The South" looks like in many places: "Bob's Body Shop", a garage garnet and gold in color, sets across from the fields with a huge Seminole logo on the front wall. Behind the body shop and set against the sky is an old grain silo with "USA" painted in red, white and blue on top.
After the sun went down, I walked over to the baseball stadium to catch the last four innings of FSU's game against Maryland, which the Seminoles won 12-5.
Yesterday was a great day to be outside, and I did enjoy being outside for much of it.
Today, though (and after taking time to write this blog), I must remember why I am in law school and focus on getting some studying done.
Until Next Time,
Nathan Marshburn
Once there, I went to a relatively empty part of the library and sat down close to a cute girl whom I know. She too had lots of school work to get done.
When I study, I have a habit of looking up frequently, just for the purpose of refocusing my eyes. Usually, I look up from my book and simply stare at a far wall or out a window for a few seconds. I did not realize, though, that every time I looked up on this day I was actually staring at the girl. After about 15 minutes of this, she finally looked back at me with a puzzled expression. It immediately dawned on me what I had been doing.
I apologized to her and explained my trick for refocusing my eyes. I also told her that my eyes must subconsciously go to her, as she is much prettier than a wall or what I can see out the windows of the law school library. She smiled when I told her this.
She also told me the same thing happens to her. The book cases in the library have signs that stick out, identifying various collections. She pointed down one of the aisles.
"You see that sign?" she asked.
I did. It read "Fla. Stat. Annotated," which stands for the annotated version of the Florida Statutes.
"When that sign becomes blurry, I know that I've been reading too long," she said.
We continued studying quietly, though now I made a conscious effort not to look at her when I raised my head from my book.
But after another 20 minutes or so, she suddenly closed her laptop computer and announced, "This is too depressing. I've got to get out of here."
It felt a little like a needle going into my chest, that she would think sitting close to me and studying was "depressing," but I quickly recovered. I could not blame her. The weather was gorgeous outside. I did not want to be studying myself.
After she left, I spent another half-hour in the library. I looked out the windows and saw how bright it was outside. I then looked down the aisle at the tag marked "Fla. Stat. Annotated." I imagined that it was beginning to become blurry, and I took that as my excuse to get outside.
I do not regret the decision. After simply walking around the campus for a while, enjoying the warm day, I went with some friends from the law school to the old intramural fields to hit and field some softball. After an hour or so of that, I watched the second half of a women's lacrosse match between FSU and Miami on the fields. The 'Noles trounced the 'Canes, and I got to watch a beautiful sunset during the match.
The view of Tallahassee from the old intramural fields is surprisingly impressive. To the east, you look all the way down St. Augustine Street. The Executive Building where the governor works is clearly visible, including most of the other tall buildings of the city. The setting sun changes the color of these buildings from how they appear during the day.
To the northwest is Doak Campbell football stadium and the baseball stadium. The sun setting behind both of these structures is also a striking image.
To the south is a picturesque postcard of what "The South" looks like in many places: "Bob's Body Shop", a garage garnet and gold in color, sets across from the fields with a huge Seminole logo on the front wall. Behind the body shop and set against the sky is an old grain silo with "USA" painted in red, white and blue on top.
After the sun went down, I walked over to the baseball stadium to catch the last four innings of FSU's game against Maryland, which the Seminoles won 12-5.
Yesterday was a great day to be outside, and I did enjoy being outside for much of it.
Today, though (and after taking time to write this blog), I must remember why I am in law school and focus on getting some studying done.
Until Next Time,
Nathan Marshburn
Saturday, March 13, 2010
Seasoned
I will remember Spring Break 2010 as the week I spent hammering out the rough draft of my upper level writing requirement, over 30 pages worth of text and footnotes. This paper marks the first time in my life that I have composed a work of this length or importance without first writing out my thoughts by hand. I hope my professor likes the result. My eyeballs still feel like they are bouncing around inside my skull from staring at my laptop screen so much this week. It took me three tries over three days before I regained the equilibrium to sit down and type this blog entry.
The students on law review here would have no sympathy for me, I'm sure. They have to write at least two papers, one for the graduation requirement and a different one for the law review. In addition, they are constantly editing the footnotes and text of articles submitted by scholars for publication in our law review. While it is a great honor to be on law review, I do not know if I would be happy having to do that sort of work all the time, even if I did qualify for the job- but more power to them. . .
We had a patch of warm weather earlier this week- finally a taste of spring from the (unusually cold, as the natives tell me) Panhandle winter. The warm air on my short sleeved arms, the sight of flowers in bloom, bees flying around, and the smell of the green plants reminded me of where I was this time two years ago.
Two years ago, spring was also starting in Cullowhee, NC. I was a graduate student at Western Carolina University, trying to decide what to do with my future. By mid-March I had already made up my mind that I was going to law school in the fall, I just did not know where, yet. Having been accepted to three or four schools, I became comfortable with a choice in my home state of North Carolina.
Then the acceptance to Florida State Law came through. Interestingly enough, I did not learn that I had been accepted via a letter in the mail. Rather, I received a cryptic email from the Student Affairs Office at Florida State Law encouraging me to complete a scholarship application for admitted students. I immediately called the Admissions Office and told the nice lady on the phone about the email. She checked the computer system and confirmed that I had indeed been accepted. The official letter was probably already in the mail, she said. I thanked her very much.
The next phone call was to my parents. I remember standing on the breezeway outside Hunter Library, feeling the warm sunlight on my arms as I made the call. They did not answer, so I left a message saying that I had been accepted to Florida State, and that this school just might knock off my first choice in North Carolina. I wanted them to call me back with their opinion.
That evening, I got back in touch with my parents, and I had a nice conversation with them again while I stood on the breezeway outside the library. It was a good moment, talking to my parents about a significant accomplishment, discussing options that were only great ones.
My parents, much like myself, were anti-debt in their views on where I should attend school. The cost of out-of-state tuition at Florida State Law bothered me and was the only reason I would choose not to go there. To my surprise, without much hesitation both my parents told me to go to Florida State- “but only if you are sure you want to be a lawyer,” they said.
At that time, I was not absolutely sure I wanted to be a lawyer, and I spent the next weeks talking to over 50 people about where I should go to law school. Less debt meant that I was not locking myself into a legal career, and the school in North Carolina had offered me a scholarship package where I could graduate with no debt.
Ultimately, of course, I decided to go to Florida State. I do not regret the decision at all. That spring and summer prior to enrolling, I tried to imagine what it would be like. I looked at maps of Tallahassee and saw Jefferson Street, where the law school is located. I looked at pictures of the students and professors on the web site. I did not have time to make a personal trip to the school, and I actually showed up in Tallahassee only the weekend before classes began.
But I’ve been in Tallahassee ever since. I like it here, and with the warm weather this week it occurred to me that I am now a “seasoned” law school student. Two years ago at this time I was imagining what my life would be like in two years, if I would be enjoying law school and if it would change me significantly. The answer to the first question is yes, I am enjoying law school. As for the second question, law school has changed me somewhat, though not in a major way. At this point I feel like law school is giving me a new and practical body of knowledge to use in this world. It has also given me a new lens with which to view the world- though by no means do I feel like I must wear that lens all the time.
Two years ago I was trying to imagine some of the things I would be doing in law school. Specifically, the answer right now is: Taking the Multi-state Professional Responsibility Exam as part of being admitted to the Florida Bar, and working on a 30 page paper to meet a requirement for graduation. I am a seasoned law school student.
Universal Health Care Now,
Nathan Marshburn
The students on law review here would have no sympathy for me, I'm sure. They have to write at least two papers, one for the graduation requirement and a different one for the law review. In addition, they are constantly editing the footnotes and text of articles submitted by scholars for publication in our law review. While it is a great honor to be on law review, I do not know if I would be happy having to do that sort of work all the time, even if I did qualify for the job- but more power to them. . .
We had a patch of warm weather earlier this week- finally a taste of spring from the (unusually cold, as the natives tell me) Panhandle winter. The warm air on my short sleeved arms, the sight of flowers in bloom, bees flying around, and the smell of the green plants reminded me of where I was this time two years ago.
Two years ago, spring was also starting in Cullowhee, NC. I was a graduate student at Western Carolina University, trying to decide what to do with my future. By mid-March I had already made up my mind that I was going to law school in the fall, I just did not know where, yet. Having been accepted to three or four schools, I became comfortable with a choice in my home state of North Carolina.
Then the acceptance to Florida State Law came through. Interestingly enough, I did not learn that I had been accepted via a letter in the mail. Rather, I received a cryptic email from the Student Affairs Office at Florida State Law encouraging me to complete a scholarship application for admitted students. I immediately called the Admissions Office and told the nice lady on the phone about the email. She checked the computer system and confirmed that I had indeed been accepted. The official letter was probably already in the mail, she said. I thanked her very much.
The next phone call was to my parents. I remember standing on the breezeway outside Hunter Library, feeling the warm sunlight on my arms as I made the call. They did not answer, so I left a message saying that I had been accepted to Florida State, and that this school just might knock off my first choice in North Carolina. I wanted them to call me back with their opinion.
That evening, I got back in touch with my parents, and I had a nice conversation with them again while I stood on the breezeway outside the library. It was a good moment, talking to my parents about a significant accomplishment, discussing options that were only great ones.
My parents, much like myself, were anti-debt in their views on where I should attend school. The cost of out-of-state tuition at Florida State Law bothered me and was the only reason I would choose not to go there. To my surprise, without much hesitation both my parents told me to go to Florida State- “but only if you are sure you want to be a lawyer,” they said.
At that time, I was not absolutely sure I wanted to be a lawyer, and I spent the next weeks talking to over 50 people about where I should go to law school. Less debt meant that I was not locking myself into a legal career, and the school in North Carolina had offered me a scholarship package where I could graduate with no debt.
Ultimately, of course, I decided to go to Florida State. I do not regret the decision at all. That spring and summer prior to enrolling, I tried to imagine what it would be like. I looked at maps of Tallahassee and saw Jefferson Street, where the law school is located. I looked at pictures of the students and professors on the web site. I did not have time to make a personal trip to the school, and I actually showed up in Tallahassee only the weekend before classes began.
But I’ve been in Tallahassee ever since. I like it here, and with the warm weather this week it occurred to me that I am now a “seasoned” law school student. Two years ago at this time I was imagining what my life would be like in two years, if I would be enjoying law school and if it would change me significantly. The answer to the first question is yes, I am enjoying law school. As for the second question, law school has changed me somewhat, though not in a major way. At this point I feel like law school is giving me a new and practical body of knowledge to use in this world. It has also given me a new lens with which to view the world- though by no means do I feel like I must wear that lens all the time.
Two years ago I was trying to imagine some of the things I would be doing in law school. Specifically, the answer right now is: Taking the Multi-state Professional Responsibility Exam as part of being admitted to the Florida Bar, and working on a 30 page paper to meet a requirement for graduation. I am a seasoned law school student.
Universal Health Care Now,
Nathan Marshburn
Sunday, February 28, 2010
The Best Moot Court Program in the Country
Law schools acquire reputations for success in various areas. Overall, it seems that Harvard and Yale take turns holding the top ranking in "U.S. News and World Report." That same magazine ranks the Vermont Law School as having the best environmental law program, and top-law-schools.com says UCLA has perhaps the best entertainment law program.
Rankings are subjective and change based on the weight given to various factors. There is little doubt, however, that Florida State University College of Law has the best Moot Court Program in the country for 2010.
The Moot Court team has gone on a run of amazing success. Many of my friends are winning national championships, and I hope they do not mind me bragging on them here (If they see this blog entry but do not want their name returning a Google hit, they can Facebook me and I'll take it down).
The Moot Court team has won four national competitions in 2010:
Steven Muscatello and Ana Barton won a Religious Freedom Law Competition in Washington, DC, beating Duke Law school in the final round.
Mike Redondo and Andrew Grogan won a National Security Law Competition in Washington, DC, beating Cornell in the final round. James Woolsey, former CIA Director, sat as a judge on the panel for the final round.
This weekend, Jennifer Gutai, Rebecca Swindull and Lauren Davis won a Family Law competition in Albany, NY.
Also this weekend, Tiffany Roddenberry and Yordanka Nedyalkova won a Civil Rights Law Competition in Washington, DC. Yordanka won best oralist, Tiffany got second best oralist and their brief placed second for the Best Brief Award.
Rounding out this weekend, Thomas Philpot and Holly Griffin were finalists at a Constitutional Law competition in Chapel Hill, NC.
Earlier this semester, Emily Whelchel and Patrick Bennett made the semifinals of a Constitutional Law competition in Charleston, SC. They also won the Best Brief Award at this competition.
I venture to say that no other law school in the country can match the success that the FSU Moot Court Team has enjoyed this year. They are a clear #1. The trophy case is overflowing.
I am only an outsider looking in at our program, so I can't say what the secret is for their success besides bright students and hard work. I know that Professor Nat Stern puts in a lot of time to get these students ready for competition, and I've seen the students first hand at the law school library struggling over their briefs and working out their arguments.
Tryouts for the team are in April. Tryouts were a great experience for me last year, though I did not make the team. Obviously, they picked a good group. I encourage all the first year students to give it a go and see if you have what it takes to join the best Moot Court Program in the nation.
Check out the public radio news report on the team at http://www.fsu.com/Radio-News/Florida-State-moot-court-team-sweeping-national-stage
-Nathan Marshburn
Rankings are subjective and change based on the weight given to various factors. There is little doubt, however, that Florida State University College of Law has the best Moot Court Program in the country for 2010.
The Moot Court team has gone on a run of amazing success. Many of my friends are winning national championships, and I hope they do not mind me bragging on them here (If they see this blog entry but do not want their name returning a Google hit, they can Facebook me and I'll take it down).
The Moot Court team has won four national competitions in 2010:
Steven Muscatello and Ana Barton won a Religious Freedom Law Competition in Washington, DC, beating Duke Law school in the final round.
Mike Redondo and Andrew Grogan won a National Security Law Competition in Washington, DC, beating Cornell in the final round. James Woolsey, former CIA Director, sat as a judge on the panel for the final round.
This weekend, Jennifer Gutai, Rebecca Swindull and Lauren Davis won a Family Law competition in Albany, NY.
Also this weekend, Tiffany Roddenberry and Yordanka Nedyalkova won a Civil Rights Law Competition in Washington, DC. Yordanka won best oralist, Tiffany got second best oralist and their brief placed second for the Best Brief Award.
Rounding out this weekend, Thomas Philpot and Holly Griffin were finalists at a Constitutional Law competition in Chapel Hill, NC.
Earlier this semester, Emily Whelchel and Patrick Bennett made the semifinals of a Constitutional Law competition in Charleston, SC. They also won the Best Brief Award at this competition.
I venture to say that no other law school in the country can match the success that the FSU Moot Court Team has enjoyed this year. They are a clear #1. The trophy case is overflowing.
I am only an outsider looking in at our program, so I can't say what the secret is for their success besides bright students and hard work. I know that Professor Nat Stern puts in a lot of time to get these students ready for competition, and I've seen the students first hand at the law school library struggling over their briefs and working out their arguments.
Tryouts for the team are in April. Tryouts were a great experience for me last year, though I did not make the team. Obviously, they picked a good group. I encourage all the first year students to give it a go and see if you have what it takes to join the best Moot Court Program in the nation.
Check out the public radio news report on the team at http://www.fsu.com/Radio-News/Florida-State-moot-court-team-sweeping-national-stage
-Nathan Marshburn
Friday, February 12, 2010
The Benefits of Making the Mock Trial Team
Next week, the FSU College of Law Mock Trial Team will hold its annual tryouts. The Mock Trial Team is one of what I call the "Big Three" extracurricular activities a student may do while in law school. The other two are Law Review and the Moot Court Team. Being asked to join any of these three groups is a big deal and a significant boost to your resume.
Law Review and the Moot Court Team are somewhat more prestigious than the Mock Trial Team, at least at Florida State Law, but I would argue that the Mock Trial Team is the most practical organization to join in terms of helping you develop skills that you will actually use in practice.
While Moot Court prepares you well for appellate law, this is a relatively small niche. Very few lawyers actually end up doing appeals work.
Mock Trial, on the other hand, prepares you to successfully conduct trials, and there are more job opportunities for trial work (litigation) than most areas of law.
I made the Mock Trial Team in January of last year. From my personal experiences, I can say that being on the team has helped me with my confidence in public speaking and in developing my abilities to persuade others in a courtroom setting. I've gotten great practice in questioning witnesses who will not cooperate and give me the answers I expect, and I've improved my ability to recognize when to object to another lawyer's technique or strategy in the courtroom. This experience has given me a leg up over other students who will be put in a trial setting for the first time in their lives only after they have graduated from law school.
The Mock Trial Team also affords you the opportunity to meet established litigators and judges in the legal community. These individuals come to the law school to coach our team and provide instruction to us on what techniques they believe are effective. They also serve as possible references and employers for you.
As a member of the Mock Trial Team, when I graduate I will have the confidence to walk into any litigation firm in Florida, no matter how large, with a copy of my resume and say, "Hello, my name is Nathan Marshburn. I am a graduate of Florida State Law, and I want to work for you."
I hope by the time that I graduate, I will have the ability to listen to anyone on the street about their possible legal case, make a good decision about whether or not to take the case, and then be able to move the case from start to finish in a trial with a successful outcome. This goal is still a work in progress, and in all likelihood I will need substantial real world experience to reach this level of competency. My work with the Mock Trial Team, however, has moved me toward that goal at a much faster rate.
Even if you do not want to practice in a courtroom, the Mock Trial Team eliminates the fear of other litigators. You learn what we are about, what goes on in a courtroom, and what we can and can't do in front of a jury. So, when the other side threatens to go to trial, there is not so much of the unknown involved. You can make a better business decision for your client.
There are few negatives associated with trying out for the Mock Trial Team. Even if you do not make the team (and most students will not), it is a great challenge and public speaking experience. I encourage all law school students to give this organization a shot.
Universal Health Care Now,
Nathan Marshburn
Law Review and the Moot Court Team are somewhat more prestigious than the Mock Trial Team, at least at Florida State Law, but I would argue that the Mock Trial Team is the most practical organization to join in terms of helping you develop skills that you will actually use in practice.
While Moot Court prepares you well for appellate law, this is a relatively small niche. Very few lawyers actually end up doing appeals work.
Mock Trial, on the other hand, prepares you to successfully conduct trials, and there are more job opportunities for trial work (litigation) than most areas of law.
I made the Mock Trial Team in January of last year. From my personal experiences, I can say that being on the team has helped me with my confidence in public speaking and in developing my abilities to persuade others in a courtroom setting. I've gotten great practice in questioning witnesses who will not cooperate and give me the answers I expect, and I've improved my ability to recognize when to object to another lawyer's technique or strategy in the courtroom. This experience has given me a leg up over other students who will be put in a trial setting for the first time in their lives only after they have graduated from law school.
The Mock Trial Team also affords you the opportunity to meet established litigators and judges in the legal community. These individuals come to the law school to coach our team and provide instruction to us on what techniques they believe are effective. They also serve as possible references and employers for you.
As a member of the Mock Trial Team, when I graduate I will have the confidence to walk into any litigation firm in Florida, no matter how large, with a copy of my resume and say, "Hello, my name is Nathan Marshburn. I am a graduate of Florida State Law, and I want to work for you."
I hope by the time that I graduate, I will have the ability to listen to anyone on the street about their possible legal case, make a good decision about whether or not to take the case, and then be able to move the case from start to finish in a trial with a successful outcome. This goal is still a work in progress, and in all likelihood I will need substantial real world experience to reach this level of competency. My work with the Mock Trial Team, however, has moved me toward that goal at a much faster rate.
Even if you do not want to practice in a courtroom, the Mock Trial Team eliminates the fear of other litigators. You learn what we are about, what goes on in a courtroom, and what we can and can't do in front of a jury. So, when the other side threatens to go to trial, there is not so much of the unknown involved. You can make a better business decision for your client.
There are few negatives associated with trying out for the Mock Trial Team. Even if you do not make the team (and most students will not), it is a great challenge and public speaking experience. I encourage all law school students to give this organization a shot.
Universal Health Care Now,
Nathan Marshburn
Saturday, January 30, 2010
Orlando and a Mock Trial Competition
Last week in Orlando, I competed in my first Mock Trial competition against other schools. During the fall semester, I participated in an intramural competition, and last year at this time I had just completed tryouts for the team.
Overall, I was pleased with my performance. Florida State sent two teams to the competition. Out of 20 overall teams, one of Florida State's made the top four. Unfortunately, my team did not make it that far. It was still a great learning and confidence boosting experience.
Congratulations to Alex Weaver, Bradley Bodiford, Kerven Montfort, and Ryan Hoyle for advancing to the semifinals.
I learned a couple of things by watching these guys in action in the semifinal round: Some Mock Trial members absolutely play better than they practice. These guys really stepped up when it was game time and came through in the clutch. Alex Weaver showed me how you "impeach" a witness to perfection. Ryan and Alex's objections were spot-on as well. They caught the other team in numerous errors.
After it was over, we had an afternoon and an evening to enjoy Orlando before we headed back to school. I'd never been to Disney World before, and so we spent the evening walking around "Downtown Disney."
Disney World is not like I imagined it. The place is larger than many towns, and it has its own highway system similar to an interstate with exits. I expected it to be one large theme park with everything crammed together. On the contrary, though, when we first entered the gates, we drove on roads with nothing around us but trees and open grassland. You had to take separate exits to get to the Magic Kingdom, the Epcot Center, Downtown Disney, etc.
Downtown Disney was all we had time to see. I ate a great dinner at the Rainforest Cafe. The inside of the restaurant was like a jungle with moving animals and hundreds if not thousands of green plants. Every 20 minutes or so, the lights dimmed and we had a "thunderstorm" that stirred up all the animals in the restaurant. The Lego store was also impressive with its huge models of sharks, tranformers and other characters. I was never much into Legos as a kid, but it amused me to see everybody else from the team revert to children and begin playing with the Lego blocks outside the store along with toddlers and infants. Finally, one of our team members said, "Okay, time to stop. That Lego had spit on it."
Orlando is a great town from what I saw of it. It is the Florida that I envisioned upon being accepted to Florida State Law- a big sky with sunny humidity. We walked around in shorts and t-shirts at night. Though I have no complaints about Tallahassee, Florida's capital is more like south Georgia, Alabama, and Mississippi than Orlando or Tampa or Miami. Tallahassee is the Deep South, with huge magnolia and oak trees covered in Spanish moss. Orlando, on the other hand, is a brightly colored, sunshine-lit playground for kids and adults from all over the country.
I enjoyed Orlando and the competition. It was both a fun and useful trip. Making the Mock Trial team and being able to obtain experiences like this is one of the best things to happen to me since I've come to Florida State Law.
Universal Health Care Now,
Nathan Marshburn
Overall, I was pleased with my performance. Florida State sent two teams to the competition. Out of 20 overall teams, one of Florida State's made the top four. Unfortunately, my team did not make it that far. It was still a great learning and confidence boosting experience.
Congratulations to Alex Weaver, Bradley Bodiford, Kerven Montfort, and Ryan Hoyle for advancing to the semifinals.
I learned a couple of things by watching these guys in action in the semifinal round: Some Mock Trial members absolutely play better than they practice. These guys really stepped up when it was game time and came through in the clutch. Alex Weaver showed me how you "impeach" a witness to perfection. Ryan and Alex's objections were spot-on as well. They caught the other team in numerous errors.
After it was over, we had an afternoon and an evening to enjoy Orlando before we headed back to school. I'd never been to Disney World before, and so we spent the evening walking around "Downtown Disney."
Disney World is not like I imagined it. The place is larger than many towns, and it has its own highway system similar to an interstate with exits. I expected it to be one large theme park with everything crammed together. On the contrary, though, when we first entered the gates, we drove on roads with nothing around us but trees and open grassland. You had to take separate exits to get to the Magic Kingdom, the Epcot Center, Downtown Disney, etc.
Downtown Disney was all we had time to see. I ate a great dinner at the Rainforest Cafe. The inside of the restaurant was like a jungle with moving animals and hundreds if not thousands of green plants. Every 20 minutes or so, the lights dimmed and we had a "thunderstorm" that stirred up all the animals in the restaurant. The Lego store was also impressive with its huge models of sharks, tranformers and other characters. I was never much into Legos as a kid, but it amused me to see everybody else from the team revert to children and begin playing with the Lego blocks outside the store along with toddlers and infants. Finally, one of our team members said, "Okay, time to stop. That Lego had spit on it."
Orlando is a great town from what I saw of it. It is the Florida that I envisioned upon being accepted to Florida State Law- a big sky with sunny humidity. We walked around in shorts and t-shirts at night. Though I have no complaints about Tallahassee, Florida's capital is more like south Georgia, Alabama, and Mississippi than Orlando or Tampa or Miami. Tallahassee is the Deep South, with huge magnolia and oak trees covered in Spanish moss. Orlando, on the other hand, is a brightly colored, sunshine-lit playground for kids and adults from all over the country.
I enjoyed Orlando and the competition. It was both a fun and useful trip. Making the Mock Trial team and being able to obtain experiences like this is one of the best things to happen to me since I've come to Florida State Law.
Universal Health Care Now,
Nathan Marshburn
Sunday, January 24, 2010
Woodser
On Friday night, I hopped aboard a neon-lit bus along with dozens of my law school colleagues. We rode out of Tallahassee onto Interstate 10, heading east, our destination unknown to all but a few. After about 40 minutes, we took a turn south on a country road. Eventually, we arrived at a farm with horses and other pasture animals. A campfire was going, and a friendly German Shepherd greeted us as we jumped off the bus.
I had a little sympathy for the bus driver, as many of us were already feeling quite friendly by the time the bus stopped. The driver had to put up with numerous high-fives, slaps on the back and even a few hugs of thanks from students happy to be there.
It was a grand time.
Both years that I have been in law school, the Student Bar Association has put on a social called "Woodser" during the spring semester. It easily sells out the available spaces. "Party buses" load us up from the law school and haul us out to the middle of nowhere to enjoy beverages, S'mores, and marshmallows around a bonfire. Life really does not get much better than this- at least in my experiences thus far.
It took me a while to learn this lesson. I was too serious and rigid during my undergraduate years. But after graduation from college, time began to speed up. As I quickly got older, I realized that perhaps I had missed out on some things that I should have taken time to enjoy.
Going back to school has given me the opportunity to go back in time in some ways. Law school is serious and I am working very hard to succeed here, but when an opportunity like Woodser comes along, I now grab it.
The rush I experienced at Woodser was the same that I experienced on the first day of classes this semester. Many of the students were not too happy to be back, and I had to smile when some referred to this as a "grind" or "the real world" on their Facebook status. I spent most of the Christmas break here in Tallahassee practicing for a Mock Trial competition. The law school was an empty and lonely place then. But the atmosphere completely changed once the students came back. It charged the air, and I couldn't help but look at the faces in my Business Associations class on that first Monday morning and be happy.
But time continues to move so ridiculously fast. I am constantly aware of it, of how fleeting everything is. Law school is already halfway over, and it has been just a flash. So at Woodser, I took the time to enjoy the beverages and the warmth of the fire. I enjoyed looking up at the stars and picking out the constellations. I enjoyed the uninhibited laughter, jokes and other conversations of these unjaded students. I enjoyed flirting with the beautiful girls around this campfire, literally some of the most beautiful women in the world.
No matter how much money you make or power you acquire, it will be difficult to find more happiness than moments like this. I am lucky to be a student at Florida State Law, to be accepted as belonging around the campfire at Woodser. I am enjoying it while it lasts.
***
I encourage Congress to keep working to pass the health care bill, and I ask for at least some Republican support. Most people are not as fortunate as us who are in law school and can go to socials like Woodser. Many face financial ruin and even death in the very near future because health insurance companies will not accept them for coverage. This is wrong. America must overcome its fear of change and take the steps necessary to give all of us the right to pursue a happy, healthy life. Again, in this country no one should die because they can not afford health care, and no one should go broke because they get sick. The time for change is now.
Nathan Marshburn
I had a little sympathy for the bus driver, as many of us were already feeling quite friendly by the time the bus stopped. The driver had to put up with numerous high-fives, slaps on the back and even a few hugs of thanks from students happy to be there.
It was a grand time.
Both years that I have been in law school, the Student Bar Association has put on a social called "Woodser" during the spring semester. It easily sells out the available spaces. "Party buses" load us up from the law school and haul us out to the middle of nowhere to enjoy beverages, S'mores, and marshmallows around a bonfire. Life really does not get much better than this- at least in my experiences thus far.
It took me a while to learn this lesson. I was too serious and rigid during my undergraduate years. But after graduation from college, time began to speed up. As I quickly got older, I realized that perhaps I had missed out on some things that I should have taken time to enjoy.
Going back to school has given me the opportunity to go back in time in some ways. Law school is serious and I am working very hard to succeed here, but when an opportunity like Woodser comes along, I now grab it.
The rush I experienced at Woodser was the same that I experienced on the first day of classes this semester. Many of the students were not too happy to be back, and I had to smile when some referred to this as a "grind" or "the real world" on their Facebook status. I spent most of the Christmas break here in Tallahassee practicing for a Mock Trial competition. The law school was an empty and lonely place then. But the atmosphere completely changed once the students came back. It charged the air, and I couldn't help but look at the faces in my Business Associations class on that first Monday morning and be happy.
But time continues to move so ridiculously fast. I am constantly aware of it, of how fleeting everything is. Law school is already halfway over, and it has been just a flash. So at Woodser, I took the time to enjoy the beverages and the warmth of the fire. I enjoyed looking up at the stars and picking out the constellations. I enjoyed the uninhibited laughter, jokes and other conversations of these unjaded students. I enjoyed flirting with the beautiful girls around this campfire, literally some of the most beautiful women in the world.
No matter how much money you make or power you acquire, it will be difficult to find more happiness than moments like this. I am lucky to be a student at Florida State Law, to be accepted as belonging around the campfire at Woodser. I am enjoying it while it lasts.
***
I encourage Congress to keep working to pass the health care bill, and I ask for at least some Republican support. Most people are not as fortunate as us who are in law school and can go to socials like Woodser. Many face financial ruin and even death in the very near future because health insurance companies will not accept them for coverage. This is wrong. America must overcome its fear of change and take the steps necessary to give all of us the right to pursue a happy, healthy life. Again, in this country no one should die because they can not afford health care, and no one should go broke because they get sick. The time for change is now.
Nathan Marshburn
Saturday, January 16, 2010
"So What Kind of Law Do You Want to Practice?"
"So what kind of law do you want to practice?" This was the most common question I got from my aunts, uncles and cousins over the holidays during our family gatherings. It is a question almost always asked of me by prospective law students visiting our school.
It was a question that I asked of other law school students when trying to decide what school to attend, and I was surprised when I heard third year students say they did not know. I thought it indicated a lack of focus and purpose on their part.
I used to have an answer for this question. In my personal statement on my law school applications, I believe I expressed an interest in immigration law and labor or employment law. There were solid reasons for my desire to work in these areas, and I was certainly sincere about it when I wrote my personal statement.
Now, though, being half way done with law school, I realize that question, "So what kind of law do you want to practice?" is largely an irrelevant one. I've stopped asking it of my colleagues, and few students in my class ask it of me anymore. The more popular conversation goes: "So, have you landed a job yet? Oh, really? That's great! What kind of law does that firm do?"
Perhaps it is the nature of the economy right now, but students really can't afford to be choosy.
On a personal level, I've discovered that I like just about all areas of the law. But I am not really passionate about any one branch, either. My chief concern is the Florida Bar Exam. That should be the most challenging academic test I ever take. Frankly, I haven't enrolled in classes in immigration law and labor or employment law because those subjects are not tested on the Florida Bar Exam.
Law school is competitive. My strategy is to take subjects that are tested on the bar exam, and mix in subjects that will strengthen me as an all-around litigator. I made the Mock Trial Team last year, and I landed a job last summer with a firm that does a lot of litigation. I take my cues from this that perhaps litigation is what I am best at, but who knows what kind of job I'll end up doing?
In law school, students don't have a "major" or specialization. Depending on the school, you can earn certificates in certain areas of the law, though, to complement your Juris Doctor degree. The Environmental Law program at Florida State is one of the best in the country and probably our most popular certificate program. But I've stayed away from environmental law classes in part because once again, this is a subject not tested on the Florida Bar Exam.
Even with a certificate in environmental law, it is not guaranteed that you will find your best employment opportunities there. Though what I am about to say is arguable, I have heard from professors and students alike that employers really do not care what classes you take in law school, as long as you do well in those classes.
I know a student who graduated last year and landed a job in admiralty law in Tampa. He knew nothing about admiralty law. He asked his employers after getting the job if he should take the course in admiralty law offered at Florida State. The employer did not insist upon it, saying he would learn what he needed to know on the job.
As one of my professors said, if you've taken classes in the area in which get hired, it will just make your first six months on the job easier.
One of my trial advocacy professors told me he was passionate about employment law when he was a student, and focused his studies on becoming proficient in that area. When he graduated from law school though, none of the law firms specializing in employment law offered him a position. Instead, he found a job doing medical malpractice defense and has done that now for over 25 years.
I've met lawyers who have practiced employment law for many years, yet when they were in law school took no classes in this area. They got their jobs through chance and connections.
So, what kind of law do I want to practice? The short answer is, "I do not know," and that answer does not indicate any lack of focus or purpose on my part. I am not worried about it. FSU College of Law opens many doors for its students, and I'll land in good place.
Universal Health Care Now,
Nathan Marshburn
It was a question that I asked of other law school students when trying to decide what school to attend, and I was surprised when I heard third year students say they did not know. I thought it indicated a lack of focus and purpose on their part.
I used to have an answer for this question. In my personal statement on my law school applications, I believe I expressed an interest in immigration law and labor or employment law. There were solid reasons for my desire to work in these areas, and I was certainly sincere about it when I wrote my personal statement.
Now, though, being half way done with law school, I realize that question, "So what kind of law do you want to practice?" is largely an irrelevant one. I've stopped asking it of my colleagues, and few students in my class ask it of me anymore. The more popular conversation goes: "So, have you landed a job yet? Oh, really? That's great! What kind of law does that firm do?"
Perhaps it is the nature of the economy right now, but students really can't afford to be choosy.
On a personal level, I've discovered that I like just about all areas of the law. But I am not really passionate about any one branch, either. My chief concern is the Florida Bar Exam. That should be the most challenging academic test I ever take. Frankly, I haven't enrolled in classes in immigration law and labor or employment law because those subjects are not tested on the Florida Bar Exam.
Law school is competitive. My strategy is to take subjects that are tested on the bar exam, and mix in subjects that will strengthen me as an all-around litigator. I made the Mock Trial Team last year, and I landed a job last summer with a firm that does a lot of litigation. I take my cues from this that perhaps litigation is what I am best at, but who knows what kind of job I'll end up doing?
In law school, students don't have a "major" or specialization. Depending on the school, you can earn certificates in certain areas of the law, though, to complement your Juris Doctor degree. The Environmental Law program at Florida State is one of the best in the country and probably our most popular certificate program. But I've stayed away from environmental law classes in part because once again, this is a subject not tested on the Florida Bar Exam.
Even with a certificate in environmental law, it is not guaranteed that you will find your best employment opportunities there. Though what I am about to say is arguable, I have heard from professors and students alike that employers really do not care what classes you take in law school, as long as you do well in those classes.
I know a student who graduated last year and landed a job in admiralty law in Tampa. He knew nothing about admiralty law. He asked his employers after getting the job if he should take the course in admiralty law offered at Florida State. The employer did not insist upon it, saying he would learn what he needed to know on the job.
As one of my professors said, if you've taken classes in the area in which get hired, it will just make your first six months on the job easier.
One of my trial advocacy professors told me he was passionate about employment law when he was a student, and focused his studies on becoming proficient in that area. When he graduated from law school though, none of the law firms specializing in employment law offered him a position. Instead, he found a job doing medical malpractice defense and has done that now for over 25 years.
I've met lawyers who have practiced employment law for many years, yet when they were in law school took no classes in this area. They got their jobs through chance and connections.
So, what kind of law do I want to practice? The short answer is, "I do not know," and that answer does not indicate any lack of focus or purpose on my part. I am not worried about it. FSU College of Law opens many doors for its students, and I'll land in good place.
Universal Health Care Now,
Nathan Marshburn
Saturday, January 9, 2010
Academic Careers and Law School
Law school is half-way finished for me now, though it does not feel like it. This semester will be more academically challenging than the last one, and the Florida Bar Exam awaits me as soon as I earn my degree.
After completing a year and a half of law school, I still think I made the right choice. I am pleased with the number of opportunities which will be available to me.
One career path that is probably off limits to me now, though, is that of law school professor. I never had a particular desire to teach law, but upon enrolling at FSU College of Law, who knew what possibilities might exist for me or what might strike my interest?
After a year and a half, though, I've learned that the job of law school professor is probably one of the most coveted in all of academia. The group of tenured professors here at Florida State Law is easily the brightest collection of individuals I have ever met in my life.
During a brief stint as a newspaper reporter, I had to laugh when one of my news editors made a comment about college professors. "Academia," he said, "is a zoo for the eccentrics who can't make it in the outside world." I was a history major in college. While I loved my professors and they were also some of the smartest people I have ever met, I could see where my editor was coming from. The eccentricities of my history professors made them endearing. They had earned their insulated places in ivory towers, and I would be quite happy if I had the intelligence to join their ranks.
My editor's quote is not true of law school professors, though. One of the reasons that their job is so desired is that, in addition to all the benefits included in being a university professor, they are very well compensated. You can expect to earn a six figure income as a law school professor at a school like Florida State. Law professors are paid better than faculty in other disciplines because law professors could easily leave academia and pick up the same type of salary working for a Fortune 500 company.
Coming into law school, I did not know my potential. Learning what I am capable of is part of the competitive jockeying that goes on throughout law school, but most intensely during your first year. I have hit a ceiling, along with 99% of all other law school students, if I want to teach law.
I think it is fair to say that there is a gap in intelligence between the average law school student like myself and the average person on the street. Hopefully, I do not sound arrogant with that statement. I make it only to say as well that there is probably just as large if not a larger gap between my intelligence and the intelligence of the tenured professors here at the College of Law. In some classes, particularly those dealing with business transactions, they can run circles around me and make me wonder if I deserve to be in this law school. I hope that they are not privately wondering the same thing about me.
To put it even more succinctly- I am not smart enough to be a law school professor, or at least not a law school professor here. There are those in my class who are, though. In fact, an FSU College of Law alumnus is one of the tenured faculty here.
But if you desire to go to law school and eventually teach law, it seems to me there are three things you must do to achieve success:
First, go to the absolutely best law school you can get into, with no exceptions. It is extremely difficult for someone who graduates from FSU College of Law (currently ranked the 52nd best law school in the country) to land a faculty position at one of the Ivy League schools. Most of the professors who teach at FSU earned their degrees from one of the Ivy League schools or other top private law schools in the country.
Second, once you are in law school, make the law review. This is the most prestigious organization in law school, and it will open many doors for you.
Third, publish as much legal writing as you can, both while in law school and after you graduate. When FSU loses one of its law professors, it is usually because that professor has been publishing, made a name for himself or herself in some area of the law, and has been asked to join the faculty of a more prestigious school. Professors from lower-tiered law schools move up to earn teaching positions at FSU this way as well.
This is my take on academic careers and law school. I am certainly not an authority in the area, but I appreciate the opportunity to be around very intelligent people and to learn from them.
Universal Health Care Now,
Nathan Marshburn
After completing a year and a half of law school, I still think I made the right choice. I am pleased with the number of opportunities which will be available to me.
One career path that is probably off limits to me now, though, is that of law school professor. I never had a particular desire to teach law, but upon enrolling at FSU College of Law, who knew what possibilities might exist for me or what might strike my interest?
After a year and a half, though, I've learned that the job of law school professor is probably one of the most coveted in all of academia. The group of tenured professors here at Florida State Law is easily the brightest collection of individuals I have ever met in my life.
During a brief stint as a newspaper reporter, I had to laugh when one of my news editors made a comment about college professors. "Academia," he said, "is a zoo for the eccentrics who can't make it in the outside world." I was a history major in college. While I loved my professors and they were also some of the smartest people I have ever met, I could see where my editor was coming from. The eccentricities of my history professors made them endearing. They had earned their insulated places in ivory towers, and I would be quite happy if I had the intelligence to join their ranks.
My editor's quote is not true of law school professors, though. One of the reasons that their job is so desired is that, in addition to all the benefits included in being a university professor, they are very well compensated. You can expect to earn a six figure income as a law school professor at a school like Florida State. Law professors are paid better than faculty in other disciplines because law professors could easily leave academia and pick up the same type of salary working for a Fortune 500 company.
Coming into law school, I did not know my potential. Learning what I am capable of is part of the competitive jockeying that goes on throughout law school, but most intensely during your first year. I have hit a ceiling, along with 99% of all other law school students, if I want to teach law.
I think it is fair to say that there is a gap in intelligence between the average law school student like myself and the average person on the street. Hopefully, I do not sound arrogant with that statement. I make it only to say as well that there is probably just as large if not a larger gap between my intelligence and the intelligence of the tenured professors here at the College of Law. In some classes, particularly those dealing with business transactions, they can run circles around me and make me wonder if I deserve to be in this law school. I hope that they are not privately wondering the same thing about me.
To put it even more succinctly- I am not smart enough to be a law school professor, or at least not a law school professor here. There are those in my class who are, though. In fact, an FSU College of Law alumnus is one of the tenured faculty here.
But if you desire to go to law school and eventually teach law, it seems to me there are three things you must do to achieve success:
First, go to the absolutely best law school you can get into, with no exceptions. It is extremely difficult for someone who graduates from FSU College of Law (currently ranked the 52nd best law school in the country) to land a faculty position at one of the Ivy League schools. Most of the professors who teach at FSU earned their degrees from one of the Ivy League schools or other top private law schools in the country.
Second, once you are in law school, make the law review. This is the most prestigious organization in law school, and it will open many doors for you.
Third, publish as much legal writing as you can, both while in law school and after you graduate. When FSU loses one of its law professors, it is usually because that professor has been publishing, made a name for himself or herself in some area of the law, and has been asked to join the faculty of a more prestigious school. Professors from lower-tiered law schools move up to earn teaching positions at FSU this way as well.
This is my take on academic careers and law school. I am certainly not an authority in the area, but I appreciate the opportunity to be around very intelligent people and to learn from them.
Universal Health Care Now,
Nathan Marshburn
Tuesday, December 29, 2009
Political Careers and Law School
Over this Christmas break, I had the chance to watch the debate in the U.S. Senate over health care reform. Many if not most of the senators are also lawyers.
Of the numerous careers for which law school prepares you, the path to political office is one of the most brightly lit by a legal education.
As a student here at Florida State Law, I am struck by just how easy it would be to step into the political arena. I grew up in rural North Carolina surrounded by tobacco fields and small evangelical churches. Though Tallahassee is also a small Southern city, the people I meet at the law school are decidedly different than those with whom I grew up. Of course I will not mention names, but it is fascinating to attend law school with the children of U.S. congressmen and large company CEOs. Their outlook on life and the way they talk about the world is enlightening and useful. I learn a lot from them.
Hopefully, I do not sound like I am putting down people from rural North Carolina or rural America. I went to high school there with students that were much, much smarter than me. One of my best friends from high school attended the Massachusetts Institute of Technology after missing just one question on the math section of the SAT. Another went to the University of North Carolina as a Morehead scholar, and another to the U.S. Naval Academy. It is just that here at Florida State Law, there are about 700 students. I've never been around this many ambitious and intelligent people- many who already have a leg up in society- with an eye toward making their mark in government and business.
These are people who will run the government and businesses in Florida and perhaps the United States in the years to come. Attending school with them while at the same time learning how the law works in this country is a bit like Dorothy peaking behind the curtain to see how the Wizard actually runs Oz. It is an enormous advantage and opportunity for one wishing to start a career in politics.
You can almost stumble into it. Personally, I was asked last summer if I would be interested in working with a candidate for one of the highest offices in the state. I never would have met the candidate if I had decided not to attend law school and Florida State Law. There are all sorts of opportunities for active roles in campaigns and causes at the law school.
So, law school is a great platform for those wishing to enter politics. . . Actually succeeding at politics is a completely different game, though, and one for which I really do not have much advice and absolutely no experience. I respect politicians, no matter what their affiliation. To put yourself out there for public scrutiny takes great courage. You have to be very smart and calculating in what you say and do. It is an easy thing to be friendly to people, but winning at politics takes far more skills than just being friendly.
For those desiring to enter politics in Florida, I would definitely recommend Florida State Law, but perhaps you should do something else right after graduation from college. Get some "real world" experience, one way or the other. Learn from firsthand observation what everyday people have to do to survive in our society. If you go straight from high school to college to law school to political office or a political staff, then that is a pretty insulated path. There is a lot about the human condition you will miss on that narrow of a path.
But the more you understand about all types of people, not just those who send their lobbyists to you as an elected official, the better leader you will be.
Universal Health Care Now,
Nathan Marshburn
Of the numerous careers for which law school prepares you, the path to political office is one of the most brightly lit by a legal education.
As a student here at Florida State Law, I am struck by just how easy it would be to step into the political arena. I grew up in rural North Carolina surrounded by tobacco fields and small evangelical churches. Though Tallahassee is also a small Southern city, the people I meet at the law school are decidedly different than those with whom I grew up. Of course I will not mention names, but it is fascinating to attend law school with the children of U.S. congressmen and large company CEOs. Their outlook on life and the way they talk about the world is enlightening and useful. I learn a lot from them.
Hopefully, I do not sound like I am putting down people from rural North Carolina or rural America. I went to high school there with students that were much, much smarter than me. One of my best friends from high school attended the Massachusetts Institute of Technology after missing just one question on the math section of the SAT. Another went to the University of North Carolina as a Morehead scholar, and another to the U.S. Naval Academy. It is just that here at Florida State Law, there are about 700 students. I've never been around this many ambitious and intelligent people- many who already have a leg up in society- with an eye toward making their mark in government and business.
These are people who will run the government and businesses in Florida and perhaps the United States in the years to come. Attending school with them while at the same time learning how the law works in this country is a bit like Dorothy peaking behind the curtain to see how the Wizard actually runs Oz. It is an enormous advantage and opportunity for one wishing to start a career in politics.
You can almost stumble into it. Personally, I was asked last summer if I would be interested in working with a candidate for one of the highest offices in the state. I never would have met the candidate if I had decided not to attend law school and Florida State Law. There are all sorts of opportunities for active roles in campaigns and causes at the law school.
So, law school is a great platform for those wishing to enter politics. . . Actually succeeding at politics is a completely different game, though, and one for which I really do not have much advice and absolutely no experience. I respect politicians, no matter what their affiliation. To put yourself out there for public scrutiny takes great courage. You have to be very smart and calculating in what you say and do. It is an easy thing to be friendly to people, but winning at politics takes far more skills than just being friendly.
For those desiring to enter politics in Florida, I would definitely recommend Florida State Law, but perhaps you should do something else right after graduation from college. Get some "real world" experience, one way or the other. Learn from firsthand observation what everyday people have to do to survive in our society. If you go straight from high school to college to law school to political office or a political staff, then that is a pretty insulated path. There is a lot about the human condition you will miss on that narrow of a path.
But the more you understand about all types of people, not just those who send their lobbyists to you as an elected official, the better leader you will be.
Universal Health Care Now,
Nathan Marshburn
Saturday, December 5, 2009
Racing the Monster
Though exams during my first year of law school were more stressful than they are this semester, the past couple of weeks have still been hectic enough to make me appreciate the runs I go on around Alumni Village, the university-owned complex where I live.
During the evenings, the Tallahassee Star Metro buses come inside the complex to drop off residents. The buses on the 9:20 pm run and the last run, the 10 pm one, are usually pretty empty. The bus drivers speed around the two-mile loop faster than they should, eager to get back to the station and end their shift.
If I am out doing my jogs at this time of night, I can hear the bus coming. Its engine roars at varying decibels as it negotiates curves and speed bumps. The hiss of its brakes I can hear from almost anywhere in the Village on a calm and still night.
When I hear the bus coming, I pick up the pace of my run. If I am close enough to the finish and the bus is visible behind me, I go into an all-out sprint. The driver probably thinks that I am strange, to see some guy running full throttle down the street in front of him.
But I don't like to be passed by the bus, and for two reasons. The first is that I have a bus to blame, I believe, for getting sick one of the worst times I have ever been sick in my life.
When I lived in Las Vegas, I would go for runs up Paradise Road, which is parallel to "The Strip" or Las Vegas Boulevard. I ran past the Hilton Hotel and Casino, with its huge electronic advertisement for Barry Manilow, past the Sands Convention Center, until I came to the near convergence of The Strip and Paradise Road at the Sahara Casino. If I jogged south on Paradise Road rather than north, I'd take a right on Flamingo Road, and run to the Bellagio and back.
On one such run in Vegas, a huge bus passed me and blasted an incredible amount of exhaust into my face. I felt particles go into my nose and down my throat. When I got back from my run, I could already feel my throat beginning to tighten and hurt. I caught a fever, lost my voice, and it put me out of action for a few days.
That was quite a scary time, to be sick like that. I had no family in Vegas- no family west of Knoxville, Tennessee for that matter- and no one cared about me out there. Except for my landlord and the coworkers at the car dealership where I worked, no one even knew I existed in that city.
So now, when these Star Tallahassee Metro buses pass me, I can smell that same exhaust, and I try to avoid breathing it.
The second reason is less serious. I make it a game to not let the bus pass me, to make me run faster. When I was a kid, I saw a movie called Duel. It was a made for television movie from the 1970s, but it was Steven Spielberg's first major work as a director (even before he did Jaws). It was a well-made film, better than most of the stuff that is in theaters now (You can see the trailer for the movie at http://www.youtube.com/watch?v=5MtAMc4i8OA, or watch the whole thing at http://video.google.com/videoplay?docid=5370479393460637420#).
The film is about a salesman, driving alone across the desert in his small car, when for some reason he is targeted by a homicidal truck driver. The brilliance of the movie is that Spielberg makes the truck itself the character, not the driver. In fact, neither the audience nor the salesman ever sees the driver or learns his identity.
So, when I see the headlights of the bus flying around a curve in Alumni Village, when I hear the angry roar of its engine and the hiss of its brakes, I imagine that I am in a duel with it. Can I make it to the finish line and get off the road before it passes me and blasts exhaust into my face?
It's a neat little distraction from the stress of exams.
Universal Health Care Now,
Nathan Marshburn
During the evenings, the Tallahassee Star Metro buses come inside the complex to drop off residents. The buses on the 9:20 pm run and the last run, the 10 pm one, are usually pretty empty. The bus drivers speed around the two-mile loop faster than they should, eager to get back to the station and end their shift.
If I am out doing my jogs at this time of night, I can hear the bus coming. Its engine roars at varying decibels as it negotiates curves and speed bumps. The hiss of its brakes I can hear from almost anywhere in the Village on a calm and still night.
When I hear the bus coming, I pick up the pace of my run. If I am close enough to the finish and the bus is visible behind me, I go into an all-out sprint. The driver probably thinks that I am strange, to see some guy running full throttle down the street in front of him.
But I don't like to be passed by the bus, and for two reasons. The first is that I have a bus to blame, I believe, for getting sick one of the worst times I have ever been sick in my life.
When I lived in Las Vegas, I would go for runs up Paradise Road, which is parallel to "The Strip" or Las Vegas Boulevard. I ran past the Hilton Hotel and Casino, with its huge electronic advertisement for Barry Manilow, past the Sands Convention Center, until I came to the near convergence of The Strip and Paradise Road at the Sahara Casino. If I jogged south on Paradise Road rather than north, I'd take a right on Flamingo Road, and run to the Bellagio and back.
On one such run in Vegas, a huge bus passed me and blasted an incredible amount of exhaust into my face. I felt particles go into my nose and down my throat. When I got back from my run, I could already feel my throat beginning to tighten and hurt. I caught a fever, lost my voice, and it put me out of action for a few days.
That was quite a scary time, to be sick like that. I had no family in Vegas- no family west of Knoxville, Tennessee for that matter- and no one cared about me out there. Except for my landlord and the coworkers at the car dealership where I worked, no one even knew I existed in that city.
So now, when these Star Tallahassee Metro buses pass me, I can smell that same exhaust, and I try to avoid breathing it.
The second reason is less serious. I make it a game to not let the bus pass me, to make me run faster. When I was a kid, I saw a movie called Duel. It was a made for television movie from the 1970s, but it was Steven Spielberg's first major work as a director (even before he did Jaws). It was a well-made film, better than most of the stuff that is in theaters now (You can see the trailer for the movie at http://www.youtube.com/watch?v=5MtAMc4i8OA, or watch the whole thing at http://video.google.com/videoplay?docid=5370479393460637420#).
The film is about a salesman, driving alone across the desert in his small car, when for some reason he is targeted by a homicidal truck driver. The brilliance of the movie is that Spielberg makes the truck itself the character, not the driver. In fact, neither the audience nor the salesman ever sees the driver or learns his identity.
So, when I see the headlights of the bus flying around a curve in Alumni Village, when I hear the angry roar of its engine and the hiss of its brakes, I imagine that I am in a duel with it. Can I make it to the finish line and get off the road before it passes me and blasts exhaust into my face?
It's a neat little distraction from the stress of exams.
Universal Health Care Now,
Nathan Marshburn
Saturday, November 28, 2009
Advice from a Professor
On the last day of class, one of my professors took the final ten minutes of his class to give us some advice. He is a successful lawyer, a senior partner at a firm with a good reputation in Florida, and he is often in the courtroom. He only teaches at the law school as an adjunct. The professor called this talk, "Things I Wish Someone had Told Me When I was in Law School." This little lecture was among the most valuable I have received in law school. In no particular order, here are some of his tips:
- Do not let winning and losing in the courtroom define who you are.
-You have to be willing to lose. He has personally lost many cases, and it is just part of being a good litigator. Do not believe any lawyer who tells you they have never lost a case. If it is true, then they haven't tried many cases.
- Become active in your local bar association. Get to know the lawyers you litigate against and the judges you appear before. Try not to spend all of your time behind your desk, doing research at the office. Judges and opposing lawyers will be more willing to work with you if they know who you are.
-Save your notes from your law school classes. You may be surprised at how useful these are once you begin practicing.
- Take advantage of Continuing Legal Education (CLE) materials and seminars. The end of law school is not the end of your legal education. Listen to the CLE CDs in your car. He still does this himself, after being in practice many years.
- Casual Fridays. . . Do not do them. You may think you can dress casually on Friday because you don't have anything on your schedule. But you do not control your schedule. An urgent situation will come up where a client needs to see you that day, and then you will have to go home and change. Invest in a professional wardrobe. Look the part of a lawyer, and it will make a difference to your clients and fellow lawyers.
- In dealing with lawyers on the other side during litigation, be courteous and professional. But do not be a wimp. The goal is to win your case while making everyone like you. Sometimes this is not possible, but that should be your goal. Playing hardball 100% of the time is not as productive as being courteous.
- Treat the partners of the law firm just like you would treat a client.
- Always remember that the loyalty of partners is to the other partners in the law firm. Their goal is to make money. What you say to one partner will make it to all of them. Never think that you are "off the clock" with a partner, even if you are on a plane ride or at a social with them.
Universal Health Care Now,
Nathan Marshburn
- Do not let winning and losing in the courtroom define who you are.
-You have to be willing to lose. He has personally lost many cases, and it is just part of being a good litigator. Do not believe any lawyer who tells you they have never lost a case. If it is true, then they haven't tried many cases.
- Become active in your local bar association. Get to know the lawyers you litigate against and the judges you appear before. Try not to spend all of your time behind your desk, doing research at the office. Judges and opposing lawyers will be more willing to work with you if they know who you are.
-Save your notes from your law school classes. You may be surprised at how useful these are once you begin practicing.
- Take advantage of Continuing Legal Education (CLE) materials and seminars. The end of law school is not the end of your legal education. Listen to the CLE CDs in your car. He still does this himself, after being in practice many years.
- Casual Fridays. . . Do not do them. You may think you can dress casually on Friday because you don't have anything on your schedule. But you do not control your schedule. An urgent situation will come up where a client needs to see you that day, and then you will have to go home and change. Invest in a professional wardrobe. Look the part of a lawyer, and it will make a difference to your clients and fellow lawyers.
- In dealing with lawyers on the other side during litigation, be courteous and professional. But do not be a wimp. The goal is to win your case while making everyone like you. Sometimes this is not possible, but that should be your goal. Playing hardball 100% of the time is not as productive as being courteous.
- Treat the partners of the law firm just like you would treat a client.
- Always remember that the loyalty of partners is to the other partners in the law firm. Their goal is to make money. What you say to one partner will make it to all of them. Never think that you are "off the clock" with a partner, even if you are on a plane ride or at a social with them.
Universal Health Care Now,
Nathan Marshburn
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