Law in Contemporary Society
I thought I would create this page to allow us to all share our experiences this summer because 1) I'm curious what everyone is up to, 2) I've already had lots of stuff happen which I want to share and 3) I think it could be helpful for us to share what we're learning and perhaps learn more together than any of us is learning individually.

These are just a few of my thoughts and I'm sure I'll be adding more, but I hope people really pick this up.

I'm working at a small animal rights non-profit in DC called Compassion Over Killing (check out the site, learn a little, maybe sign a petition or two!). My first impression was that I should have paid closer attention during the research sessions for our LPW. During the memo-writing process for class we had pretty targeted searches to do so the research didn't seem too overwhelming, but my second day I was given some big research projects and it's daunting how much there is to find, and how inefficient I think I am at finding it. I've already gotten better (practice makes perfect), but I think I really underestimated how big a job legal research can be. Especially when one of your projects is "there's never really been a lawsuit like this, so see if you can think of a novel cause of action." Such is the uncharted territory of animal law.

The past two days I've been attending a meat industry conference at the USDA. Aside from all the humorous anecdotes I could share, like the PR lady who was an exact replica of the characters in 'Thank You For Smoking', it's been an eye-opening experience that has reminded me of lots of things we talked about in this class. First of all, the idea that creeds and rhetoric are not really directed at the opponents to a group but to the members of the group themselves is exceedingly apparent. Without going into too much detail, it's been a lot of beef, swine and poultry people telling themselves that what they're doing is OK and it's consumers and activists who just don't understand. It's been kind of funny listening to the same phrases being used over and over again, sort of like affirmation that we are right and they are wrong, with no gray area in between.

I've also realized that what is going on is an old institution is no longer serving everyone's needs, and the small activist groups are coming in to fill the gap, with the old institution digging in its heels and refusing to admit things are changing and that they need to adapt. It's exciting to be involved in such a changing area, although there is a ton of work to be done and animal advocates are still at a gigantic disadvantage money and influence-wise.

I'll update with more lawyering-focused stuff another time, but like I said I hope we can pool our experience to learn about different areas of law and what they encompass, what challenges they face, etc.

-- RorySkaggs - 09 Jun 2010

Hi Rory, I went to the COK page, but the only current petition is the letter to the FDA, which is kind of logistically complicated to do. Is it possible for COK to collect an online petition, then submit the whole thing to the FDA? There will be more participation that way, because it's so easy to do. I will send a letter anyway, I just thought I'd mention the low-effort alternative.

-- AmandaBell - 15 Jun 2010

They must have taken them down, I know the main one they were working on already had close to enough signatures last week. As to the FDA thing, it's too complicated to go into here, but at this time I don't think they can do an online petition. Thanks though!

If anyone is in California, you could also look into this: http://aldf.org/article.php?id=1372 . Basically they are trying to prevent SPCAs and humane societies from forming, and severely limit their ability to monitor and enforce animal cruelty laws.

Anybody else doing anything this summer?

-- RorySkaggs - 16 Jun 2010

This summer I am working at the Legal Assistance Foundation in suburban Chicago. It is a general services office, so I see all types of cases, such as evictions, domestic violence, unfair collection practices, mortgage scams, and public benefit disputes. I mostly conduct initial client interviews and observe court proceedings. The cases are much more fact intensive than law intensive so legal research is light. The work is satisfying and it is nice to help real people with legal problems. Some general observations:

1.People really need lawyers, and most of them needed a lawyer six months before they finally decided to consult one.

2.Inadequate health insurance causes or exacerbates the legal problems of about 40 percent of the clients.

3. There is nothing more heart-wrenching than listening to a battered spouse discuss an abusive partner. The look of despair and hopelessness in their eyes is horrifying.

4.If you want to see a trial happen in three minutes, go to an eviction trial.

5.I have never fully appreciated the necessity of public welfare programs until now.

6.Getting the full story from clients is difficult. I am constantly reminded of Eben’s tale of beating the truth out of his client.

-- JohnAlbanese - 17 Jun 2010

Hi Everyone! This summer, I am working for a judge in the civil department of the Los Angeles Superior Court. My co-extern bailed before our job started, so I have a one-on-one relationship with the judge which is allowing me to learn a lot, but is sometimes intimidating.

I am most struck by how much time and how many resources our court system will give to a meaningless dispute. The judge I work for is a hard-working and learned man, who spends hours of his days dealing with people who are blatantly taking advantage of our system's low-bar to entry. If I were permitted to discuss the Court's business, I would have tales to tell.

I am quite lucky because I get to watch lawyers come into court every morning and advocate for their clients. It took about 5 minutes to see the difference between a good attorney and a bad attorney. Every day, I learn how I can use my license in a better way.

Mostly, I am learning to be well-prepared. It is striking to see how many lawyers don't know their stuff.

-- NonaFarahnik - 17 Jun 2010

One thing that I wish I had focused on more during my first year is being concise. I'm a pretty verbose person, and thought that it was incredibly difficult to keep my LPW memos to 12 pages. Writing 1000 word papers for Eben was even harder. Being in an office full of attorneys who are short on time and in most situations don't have time for anything over a 250 word summary of an issue that I present to them, I'm certainly learning the importance of keeping things short. It's definitely something that I hope to work on over the course of the summer and throughout law school.

-- DavidGoldin - 18 Jun 2010

I'm traveling. And thinking. Hope to see some of you as I move around. John, I'll be in Chicago next weekend - perhaps you can tell me about your work next Friday night? Nona, I met your freshman year roommate yesterday in Kansas City...

-- DRussellKraft - 18 Jun 2010

I'm working for a federal District Court judge in Northern California. I love it. Each assignment I've had has taken me into a different area of the law, and I agree with Rory that I wish my research skills had been better when I first started. I also agree that practice makes perfect, and while I haven't exactly mastered a terms and connectors search, I'm able to find what I need.

I think the most thrilling moments for me have been briefing my judge and watching him in court. Civ pro comes to life! In law school exams we point to the issues and argue both sides, but now it's all about making that hard decision and coming down conclusively on one side or the other. One party will win and the other will lose, and the disappointed party deserves a well-reasoned, thoughtful, and fair discussion of the issues on the part of the judge.

I agree with Nona that watching lawyers in court has been eye-opening (and eye-popping). One lawyer was being sanctioned for failing to file an opposition, and he tried to blame it on his secretary. For future reference, never do this. Fall on your sword.

In just a few short weeks I have begun to understand the kind of lawyer I want to be as well as the kind of lawyer I don't want to be. There are a lot of bad laywers out there: they don't listen to their clients, they don't return client phone calls, they miss deadlines and blow statutes of limitations, they file poorly written, incomprehensible complaints. There are great lawyers out there too, on both sides, and some go on to become great judges. It's an honor to work for one.

I hope everyone is enjoying their summer. I miss this class!

-- CarolineFerrisWhite - 18 Jun 2010

Much of my summer has been about navigating Indian politics, of my office, of certain local state governments, and of the country at large.

There are about 60 or so people at my office, including lawyers, social workers, grant writers, interns, IT staff, secretaries, chai brewers, cleaners, security guards, etc. Work, particularly legal work, isn’t just handed to interns, especially for a gora like me. You have to have the right amount of assertiveness to breach the communication and cultural barriers, and a month into the job I’m still getting the hang of it.

This week, I went on a fact-finding mission concerning sex trafficking in a very poor and rural state bordering Delhi. Our informants turned out to be aspiring politicians, they led us to certain areas of the village to kind of get a sense of the problem, but not to get any substantive information for effective public interest litigation; essentially, these politicians just wanted to get good press and drum up demagogic support. The level of exploitation of these poor trafficked women, directly and indirectly, is still difficult to process.

Much of the work that my organization does is direct impact litigation. Since the 1980s, in India, any person (including non-lawyers) may sue the government on behalf of an individual or group who has been deprived of fundamental or legal rights (e.g. standing is not required). On most issues, the High and Supreme courts are very progressive, but the trouble is that pro-human rights decisions fail to get implemented by the proper authorities, so NGOs continue to sue in order to hold officials accountable and slowly progress is made, or at the very least, awareness is raised.

It’s been really interesting reading about everyone’s experiences, and I hope everyone updates at the end of the summer. David, you may want to try working in India, lawyers and judges value the verbose here. An opinion I read the other day, which upheld a challenge to the death penalty (Bachan Singh), had references to Albert Camus, Harvey Milk, various deceased US Supreme Court Justices, and Jean Valjean (of Les Mis).

-- EricaSelig - 19 Jun 2010

Hi all---

Can we make this topic private?

I'm working in the General Counsel's office at Thirteen. It has been very humbling after a year of school where people care about your opinion and/or where you come down on an issue to a place where you're given the side for which to advocate. I'm sure that's pretty much a universal experience for everyone - maybe except those working for judges.

-- JessicaCohen - 20 Jun 2010

I'm working at the National Institutes of Health doing Technology Transfer for their Neuroscience division. Basically, my job is to work through the regulatory jungle to help a certain technology get to market, usually by commodifying the NIH's IP rights and finding a third party bio-tech firm willing to invest.

What struck me the most was how many different types of individuals I had to work with to get something done.

There is the investigator (scientist) who only wants to do research for the sake of doing research, and doesn't really care about it translating into the real world.

There is the FDA reviewer who has to abide by the regulatory red tape in every facet of the process, making me take detours to circumvent irrelevant concerns in order to arrive at the same destination.

And then there is the actual office bureaucracy, where massaging egos goes alot further than a good idea or some new insight.

It's not that I don't get anything done, but the top-down regulatory system is, in my opinion, inherently inefficient. In a perfect world (i.e. a world Eben would be satisfied in), these barriers would not exist. But, as we learned, we do not live in anything close to a perfect world.

-- MikeAbend - 20 Jun 2010

I'm working at the Office of the Appellate Defender in Durham, NC this summer. Our office takes care of indigent folks' general criminal appeals from all across the state, and works closely with other offices on the issue capital defense. I've gotten the chance to work with the Office of Parent Representation on family law issues as well.

It's an interesting experience so far in many ways. Mostly, it's been nice to see how the office operates. During a discussion this past Friday a lawyer expressed his appreciation for being allowed to defend his clients in the way he best saw fit, that he was given free reign of his practice. It's also been neat to see how people work as a part of the system of criminal justice, they try their best to win the cases the can, and take their job of keeping the police and the courts more or less in check very seriously. However, there are a certain amount of cases they know will lose, and watching the work put into even those cases has got me convinced that for everything wrong with the system, there are people out there trying their best to make it work, and make it right if possible. This summer has (so far) given me valuable insight into how working in this profession doesn't have to be such a negative experience, even if the client you're defending is less than scrupulous.

Also, Judge Lynch wasn't kidding, NC has some frightening criminal laws/theory.

-- MichaelHilton - 20 Jun 2010

Hi Guys- I'm in San Francisco working for a capital defense group. It's been really really interesting so far, if more than a little disheartening to come face to face with some of the major problems with the criminal justice system, and especially with capital punishment. The fact that defendants have to wait for years upon years before even being appointed appellate and habeas counsel, that there is such a scarcity of good lawyers willing to take their cases, and the way that the system is generally broken are all pretty depressing. That said, it's been a good experience to get some insight into how the system works (or doesn't), and to learn more about our clients' experiences.

Like Mike, I've also been impressed with those who are dedicated to this kind of work, and that even when they know they'll lose a case, they work hard because doing the work is important in itself, and they believe that they're making progress for a greater cause. It's great to feel a sense of the indigent defense community and be around people who share certain values. Being around others who are dedicated to getting the fuller picture of a client, to seeing them as people with rich and complicated (and often devastating) life histories, rather than simply as bad people who did bad things, has been illuminating so far- and I'm excited to see what the rest of the summer will bring!

Hope everyone else is doing well- I can't believe it's almost July. See you all soon.

-Jess

-- JessicaHallett - 21 Jun 2010

I'm so glad to see a few other judicial externs in the mix. I am working for the CA Court of Appeal in Los Angeles, researching appeals for my chambers. My legal research abilities have literally quadrupled in the last three weeks (I don't know if any of you can say they same, I am sure you can). And I have had a crash course in CA law, procedure and style - basically this summer work is serving as an extra semester of schooling. It is also sparked my interest in clerking - does anyone feel the same?

-- AerinMiller - 22 Jun 2010

A lot of the projects described above sound fascinating. I cannot imagine how fulfilling it must be to work directly with clients.

I am working in international law, mostly doing pro bono advisory work. But the research is very interesting -- primarily because it is very different from everything I was taught to do in law school. I get to use bits of Economics, Religion, Culture, and everything other subject that would make any sense in the context of the work. Reading about the legal systems of many other nations (mostly small, under-developed ones) has made me appreciate the breadth and the vigor of the American legal system. For better or for worse, I often find myself looking at American Codes (mostly Delaware!) as models for nations with nascent legal systems.

In attempting to offer advise on complex protections that should be offered by the law, I am beginning to see the simplicity that forms the foundation for the most complicated regulations. But discovering the simplicity is only half the battle won, the other half is presenting it to those that are unfamiliar not only with the western legal systems but also with its people, its 'rationality', and its justifications.

-- MohitGourisaria - 23 Jun 2010

I am working this summer for the US Attorney's Office in San Francisco, Criminal Division, Major Crimes. For all purposes, this is the main prosecution unit of the US Attorney, dealing with most crimes that occur within federal jurisdiction. This means that most of my work are misdemeanors, especially DUIs, that occur on the many tracts of federal land within the Northern District (examples include the Presidio Trust within SF, and the National Forests). Similar to what many of our colleagues do in various criminal work, from district attorneys to defenders, I assist in the preparation and execution of cases that go through our section. In addition, I run the petty calender, where we deal with petty offenses, primarily traffic violations, in a setting similar to a settlement conference rather than a trial. It is interesting to see the use of an ADR within the criminal justice system, though offenders do have the option to contest in front of a judge (which carries serious consequences if they lose).

-- DavidGarfinkel - 23 Jun 2010

I am working for a non-profit capital defense group in Houston Texas this summer. The organization has ties to Reprieve UK and Australia, so there are a number of international interns and attorneys here, which allows for an incredible range of perspectives on the death penalty specifically, but also the law more generally. I am getting experience doing a lot of different things, as our clients range from pre-trial to post-conviction and resentencing. There have been opportunities to do more "legal" work like Federal Habeas petitions and research for pre-trial motions, as well as work in investigation and mitigation. It has been really really interesting working with a dedicated group of advocates, and doing so with a larger shared goal in mind. I have also really enjoyed learning first hand some of the ways "death is different" and just what the whole of a capital defense, with both attorneys and mitigators, looks like.

I am glad for this thread, its been really interesting hearing about the many diverse things everyone is up to this summer.

-- PeterWade - 23 Jun 2010

Hello everyone. I have been interning part-time at Legal Aid in San Diego, while helping my parents open a restaurant (also in San Diego).

I have been disappointed thus far by my experience at Legal Aid. I feel as though the majority of the full-time staff really do not care about the people who come in for help. They have no problem turning people away who come in with extremely pressing problems if they have yet to take their sacred lunch break. The one exception has been one of the immigration lawyers, who always tries to stretch Legal Aid policy to justify representation of various parties in need.

As for the restaurant, I'm going crazy dealing with the city government. I find many of the policies/ procedures completely arbitrary. For example, the health inspector has come to the restaurant three times, each time citing "violations" that she could have cited on her previous visit. The result is an ambiguous opening date.

I am leaving this week to spend the rest of the summer in Greece. I would rather pick figs and stare at the sea than think about law school for an additional second. I hope you all have a happy summer.

-- KalliopeKefallinos - 23 Jun 2010

I am learning what it means to be a summer associate at a pawn shop. I will be spending my last two weeks working at the Advancement Project, a non-profit, communications, and legal action organization committed to racial justice. I would say more about my experience but I'm on my work comp. and well, you know how that goes.

-- KrystalCommons - 23 Jun 2010

Hey guys. This post may not be very popular given the general tone of our class, but I thought that since I am having a good experience, I would share anyway. I am working as a summer associate at a law firm in the city, doing bankruptcy and litigation. While there are certainly cons to being in this type of work, I am truly enjoying it.

As many of you have mentioned, daily practice researching is doing wonders for my ability to navigate Lexis and Westlaw, and find relevant cases quickly. I was thrown into a big case we are doing, and asked to write a section of the argument for a brief that had to be submitted three days after I started working. I cannot express how satisfying it is to do work that you know will hopefully affect something, rather than simply practice exercises. I have been getting a crash course in Bankruptcy, legal writing, and the CPLR all at the same time.

I have to admit, seeing how a firm works I know it’s not for everyone. The hours can be absurd, I was there until 5:30am last week, and the work can be intense and fast paced. I am very fortunate however to be working in a boutique firm. While the lawyers are constantly busy, they are incredibly friendly and willing to take time out of their day to explain what the cases are about, or any particulars of an assignment that I did not understand the first time. A big surprise to me was how much many of them truly like their work. They are excited about the cases that they are dealing with. Further, they are often being given the ability to choose their work and which cases they take on.

I am not allowed to talk about any of the work, otherwise I would share stories. It is fascinating seeing all of the steps that go into preparing for a trial though, and how many different players are needed beyond the parties and the lawyers. One of the partners also came into work today with a Donovan jersey on under his suit, which was just incredible. (I hope people caught some of the game!) I hope everyone is having a rewarding experience this summer in whatever they chose to do, see you guys soon!

-- SuzanneSciarra - 23 Jun 2010

I echo Krystal's statements. When people ask me what I'm doing this summer, it is hard to explain. First, there are strict rules regarding what one can and cannot divulge to those outside of the firm. But, beyond that, it really is simple: whatever I'm told. While I've found that junior lawyers are able to express the type of work they would like to be involved in, at the end of the day, what one is assigned to is dictated by the needs of the firm. Generally, my anecdote that everyone can understand is, "Somebody's gotta represent the likes of BP." I'm actually not sure who is representing BP, so it is not a direct reference to my firm. However, there will be a generation of young lawyers who have to advocate on behalf of entities who engage in activities antithetical to their own personal value system and beliefs. I've asked a number of young lawyers if this bothers them; the general response is that everyone deserves representation and the "not-so-savory" aspects of working in a big firm can be balanced by engaging in meaningful pro bono work. Generally, I agree with this proposition. The extent to which one can find fulfillment in, or even merely tolerate, working in a firm is entirely personal. I've met those who have had an exit plan before they began their first day, and those who are open to the possibility, or aspire to be, a partner one day. All they have to do is survive the disorienting, and sometimes confidence-reducing aspects that typically define the first few years at a big firm, and they're all set.

As I sat in the SDNY Bankruptcy court on Tuesday listening to the CEO and President of Barclay's testify as they defend themselves against claims of fraud by Lehman Brothers, what I always knew about my future career trajectory was all the more solidified. While Barclay's is certainly entitled to a vigorous defense, and Lehman has a right to bring a legitimate cause of action, I am one of those individuals who "needs more". It is common knowledge that clients lie -- the frequent refrain, "I don't recall", at the hearing illustrated this to me -- but I don't know if I can easily accept this fact when so much is at stake. Much to my satisfaction, I am not alone in this feeling. For the most part, I would say that law firms are not comprised of young lawyers who, by coming to a firm, feel like they've finally arrived at their life's calling. Instead, many view their time at a firm as a layover between law school and what they really want to do, whatever that may be. In the mean time, you gain training from practitioners who are at the top of their game, and are able to knock down some principal on massive amounts of loans. This alone is enough to lure young lawyers in for a least a few years. And, the survival of a law firm is built on this model -- large rates of attrition over a few years, so that fresh, young (and cheaper) blood can be brought in to replenish the ranks. Obviously, though, there can be an argument made that no amount is worth compromising one's value system. Again, that is a personal decision that each individual is entitled to make.

All of this is not to suggest that I am not having a positive experience. To the contrary, I'm having a quite enjoyable summer -- minus the long hours and the backbreaking pressure to not have so much as a misspelled word in an email. If nothing else, I'm using this experience to learn: about the legal profession, about myself, and about what interests me.

-- JenniferGreen - 24 Jun 2010

Hello all, I'm spending this summer working for an NGO in Nairobi. The aspect of the internship that I have found most frustrating is the level of bureaucracy and duplication in the arena of public interest/human right's work. Common goals abound, yet so many different organizations, individuals and government departments all act in separate (and at times inconsistent) ways to reach those goals. The organization I am working with recognizes this, and is actively trying to build coalitions to encourage and facilitate efficient activism.

The stories I've heard have been heartbreaking, to be sure, but on some level I find the sloppy attempts at problem solving even more infuriating. Problems may be bad, but not using resources effectively to solve those problems seems even worse.

- Jackie

 

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