Stay of Execution

Public Speaking

I just got a call from some outfit called the National Business Institute. According to my voicemail message, they want me to teach a seminar on "How to Incorporate UCC Article 9 Changes In Secured Transactions." I called them back and said, "What does that mean?" It's a puzzling title, especially because "new" Article 9 is not really new anymore -- it went into effect in the summer of 2001, and I was taught it in class before that. Doesn't seem like the stuff of seminars.

But luckily for me despite the fact that I couldn't figure out what the title of the seminar meant, NBI still wants me to teach it. Now, okay, I know they're just trolling Martindale Hubble looking for folks to do this kind of thing, and they're going to pay me $10/attendee while charging $200/attendee. And it will take me lots and lots of time, especially because I'll have to learn the subject matter, and presumably learn it well. But it still sounds cool to me.

I've been thinking about what kind of attorney I want to be in a year, two years, five years, and trying to work backwards from that place and think about what the milestones to being that kind of attorney would be, and then making a plan to incorporate those milestones. But this is an overstatement. I've been intending to think about this stuff, but haven't made the time to sit down and do it. But in my intentions I have recognized that one milestone is to build my visibility locally, among lawyers and business folks. And to get to be better as a speaker and a presenter. I helped write a presentation on our firm's use of technology for the northeastern bankruptcy conference, but I didn't give it myself. So I consider this a cool opportunity.

And I saw someone studying in a cafe today and this will sound strange but I was a little bit jealous. I like the challenge of having to learn, absorb, and reframe a whole field, for a specific deadline, for a specific kind of audience. So I think I will say yes to the National Business Institute, and fret for the next few months about teaching a seminar.....

More Reasons I Love My Firm

We have cake almost once a week. Today's excuse was that Partner W baked a gravestone cake -- chocolate, with whipped cream frosting, and cookie "gravestones" with all of our initials.

Gathered around eating cake someone started talking about cow tipping and Partners Y and Z began a pun volley that was pretty good. Partner Y is clever and nimble with a great black sense of humor. I can usually add something to the bad pun chains but today I wasn't inspired, or quick enough.

Our mom-like office manager kept cracking herself up by saying the cake was "to die for."

While we were in there K was answering the phones, and, without missing a beat, telling clients that various attorneys were "in a meeting" or "not in her office." Our secretaries can screen our calls masterfully, in a friendly, respectful way, and usually without telling an outright lie.

I think everyone had jeans on.

The Big Guy is working from his place up north today. He called about a deal and we ended up talking about kitchen appliances. He's having his kitchen redone and is going to give me his old stove. Hooray! Mine is between 25 and 30 years old -- jumping up to 90's technology is going to be grand.

Northern Lights

My cell phone rang a couple of times last night while I was catching up with a friend over red wine and some lobster ravioli, but by the time I checked the messages it was too late; I missed my chance to see the Northern Lights. I've never seen them. Yet.

But it looks like Katherine saw them....

My neighbor across the street is a sky watcher, and a first year law student. He watches the sky for at least a few minutes every night. He has promised to come and get us the next time the lights are in the sky.

Research Blues

Some days I just spend a long time on Westlaw looking for a holy grail that I can't find.

It's lousy when I can't find a case saying what the partner has asked me to get support for.

It's worse when I can find a lot of cases finding the opposite. I don't know why it should make me feel like a failure, but it does.

I'll try refining my search terms again. Maybe that will work.

Orange Dot

I just went and put my deposit down on the painting. Yesterday was payday, but it was raining and fierce and I just didn't want to go out there.

The artist said that yesterday afternoon two other folks expressed an interest in the painting. He told them he was holding it for me, that they could talk to him next week if I hadn't come back by then.

We shook hands. I gave him some money. And there's an orange dot on it now, marking it for all the world to see. Hooray!

Marathon Girl

Housemate and I have been trying to decide what marathon to walk. One contender was the Bermuda Marathon on January 18th. Obviously some pretty compelling reasons to do that one.

But we're instead going to do the Phoenix Rock and Roll Marathon on January 11th. A rock band at every mile, and cheerleading squads in between, sounds like it will be a hoot. And Housemate's good friend and adopted mother figure is going to meet us there from California, we hope. The chance to see her tipped the scales.

Anyone know any place nice to stay in Phoenix? We're looking for someplace luxurious enough that it will feel like a real treat to get back to our room after six hours of walking, but inexpensive enough that an art student and a young associate without much cash after paying the mortgage, the student loan, and the bills can feel good about. A cut above the Day's Inn, but maybe not way above.

Another Day in Court

I'm still in the single digits in court appearances, still on one hand for court appearances without a chaperone. Today a lawyer said mean things to me -- well, to the judge, about me and my client. And he waved his arms around.

I think I came off sounding pretty reasonable. Maybe even poised. Again I called the judge "sir" once instead of saying "your honor." A little mental block I seem to have when I get nervous. And the judge surprised me by addressing me first, rather than plaintiff's counsel, and so I answered him still seated for a while, until it occurred to me to rise. After the judge suggested he was inclined to see things in my favor on one of the points and asked if I had anything to add, I did speak when I should have just said, "nothing further" and sat down -- the judge stopped listening and started putting his folders away while I was talking, so I got the clue and cut it off. But otherwise I feel okay about it. I did not lean on the desk, I did not fiddle with my papers, and I did not speak too softly or too loud. It was the longest hearing I've had so far, with lots of back and forths, and two discrete motions being considered and a little bit of procedural complexity.

The hearings are all in a big room so everyone listens to the hearings of the parties before them while waiting to be called, so part of the trepidation is that the opportunity to look nervous, inexperienced, unprepared, dopey in front of a whole bunch of attorneys I don't know is sort of magnification of the regular level of nervousness of talking to a judge. But my awareness that there were other people in the room totally dissolved when we started talking. And even though I went in not exactly dreading it, but with trepidation and annoyance, it was a little bit fun.

The judge started things off with a comment suggesting the other attorney had perhaps made some poor choices. And the baliff smiled at me and rolled his eyes while the other attorney was talking. Which I am choosing to take as a good sign.

Grammar Check

I didn't know this rule about "between" and "among" and was delighted to see it on Corporate Law Blog .

I am constantly changing "which" to "that" on the writing of other lawyers, which is hubris given my lowly status but wrong is wrong. So I am pleased to learn this distinction, and am already racking my brain with shame and humility at all the times I've surely gotten the words wrong.

The Devil Made Me Do It

Or rather, the devil in training. And the professor.

If you can't say something nice, don't say anything at all.

I have removed most of a post I wrote earlier today. Apologies for the lapse. Me and my big mouth. Thanks to those of you who suggested I think twice.

Rule 11

For my non-attorney readers out there (hi Dad), Rule 11 is a procedural rule that prevents attorneys from filing pleadings or motions if they don't really believe there are grounds for the motion. Basically it's the rule that is supposed to keep people from filing frivolous suits and harassing folks with no good reason.

As I understand it, it's a big deal to violate Rule 11. And although occasionally attorneys will threaten one another with it while posturing about settlement, it's rarely invoked, at least in the circles of attorneys I know. I believe the Rule 11 sanction is, and should be, a big deal, not something requested or granted lightly.

But sometimes they do. And I'm involved in such a case. And it makes me sad.