Barrister by day, Bacardi by night

My Day at Court

I am no longer an unemployed law student who's stuck in summer limbo.  Instead, I am now Jack Fan, summer law clerk at the 5th Court of Appeals in Dallas.  Although my official title is probably just "Intern to Justice Joseph B. Morris" -- at least that's what it says on my door.  THAT'S RIGHT ... I get an office.  Nothing gave me more goosebumps during the office tour than when the senior staff attorney announced our office cubicles.

The nature of my work requires strict confidentiality.  In fact, disclosing the inclinations of the justices prior to the court's publishing of its opinions is a felony.  I am refraining from the substance of cases that I am involved with, but  read on this summer about the trials and tribulations of life as a summer law clerk at the 5th Court of Appeals.

The 5th Court of Appeals sponsors two classes of interns this summer.  My class consists of 9 law students: one from the University of Oklahoma College of Law, five from SMU Dedman School of Law, one from one from the University of Texas School of Law, and two Texas Wesleyan University School of Law.  My good friend Eric Yepez is also along for the ride.  Walking into the conference room this morning was like walking onto the set of Donald Trump's The Apprentice.  A group of hot, young talents eager to soak their teeth into the judicial system.  Lisa, a rising 2L from SMU, was asked by her judge to write a memo on her very first day.  As she recounts, "at first I was just supposed to suggest some questions that he [the judge] could ask during tomorrow's oral arguements.  But right before lunch, he told me to give him a memo by 5:00.  And if I couldn't finish by 5:00, then to put the memo on his desk.  In other words, he told me to stay my first day until I finished."  I, on the other hand, had the cumbersome task of introducing the summer clerks to my judge after 30 minutes of meeting my fellow colleagues, which I accomplished almostly flawlessly.

Since my summer clerkship is unpaid, I moonlight as a sous chef for a local caterer in the evenings.

Eenie, Meenie, Miney, Moe

I recieved three offers this summer.  All three were unpaid positions, therefore, financial incentives were not a factor.  However, financing my summer endeavors was a significant concern.  I recieved offers from Justice Morris from the 5th Court of Appeals in Dallas, the State Office for Offenders in Huntsville, TX, and the Czech IP/commercial law firm Cermak Horejs Myslil a spol. in Prague.

I ended up being able to split my summer between two internships, one at the Court of Appeals and one in Prague.

Each internship has its own unique set experience, but how should I plan my summer experience to maximize my hiring potential next summer?  In terms of learning experience, Prague is the least helpful because of its narrow focus on foreign IP practice.  Yet, it working in foreign country, particularly since I'm interested in "international law" might be impressive on the resume.  Plus, it would be a great talking point during my 2L interviews, afterall most students just study abroad after their first year.  As my friend Ramey says, "Never underestimate the power of a fascinating resume line for capturing the interest of an interviewer."

The Appellate Court and State Offenders office both offer some great litigation experience -- one from the perspective of an advocate and the other from the judiciary perspective.  The later is better for learning trial procedure and strategy while the former for legal writing and research.  It's a tought choice, because I'm not certain what direction I wanted to go.  All three of my options would provide skill sets and experiences that I would be able to emphasize later.

After talking with a few mentors, I learned that every potential employer looks for different experiences.  The consensus is, "If money is a concern, always go with the job that pays."  One mentor from Atlanta told me, "If money is no object, and it sounds like you want to litigate in a law firm after law school, I'd steer away from the criminal stuff.  Even if money is no object for you personally, its so tough to get a job after your first year that pays it can look good when you're interviewing next year to say that you had a paying job.  ... But any of the jobs [offered to you] look good.  Firms will just want to see that you did something law-related after your first year."

Putting it together

It's been a little over a week and already I'm flipping through law periodicals and journals.  There's no escape from it -- your first-year courses (Contracts, Torts, Property, Crim Law, and Civ Pro) are simply everywhere.  Just when I thought that I saw the last of the likes of "quantum meruit" and "easements", there they are on page 31.  You know what's funny?  I actually understand the legal issues.  I guess going to class and reading case books pays off (or what little I actually did).

Take for instance, a broker's commission for the lease of property when when his original contract concerned the sale of land.  Owners of a commercial property signed an exclusive listing agreement with a broker who introduced to the sellers a prospective buyer.  The agreement that provided a 5% commission for a $750,000 property.  The parties failed to agree on a sales price for the property but signed a 20-year lease.  The owners refused to pay a lump sum commission of $35,000 and instead offered the broker $35,000 in annual payments over five years.  The broker then sued for a commission in quantum meriut.  Quantum meriut being an alternative contractual remedy where one party may claim the reimbursement for the benefits conferred to the other party as measured by the reasonable value of the services rendered.  The Delaware Supreme Court upheld the broker's recovery under quantum meruit because there was a written listing agreement at the outset, the broker procured the lessee and participated in lease negotiations, and the owner acknowledged the broker's right to a commission.  The bottom line?  Even if the listing agreement was flawed, a broker may still recover for the services he rendered, at least in Delaware.  Chabbott Petrosky Commericial Realtors v. Peterson, 589 A.2d 77 (Del. 2004).

Attacking Judges

Comments by Ramey Ko.

Some of you may remember a few months ago that a federal judge, Joan Lefkow, found her mom and husband shot to death in her basement. Judge Lefkow and her husband actually both used to work at the Legal Assistance Foundation where I volunteer. Today, she testified in front of the Senate Judiciary Committee about the need for more resources for the protection of judges.

However, she also sounded a call for lawmakers to oppose, repudiate, or distance themselves from the more rabid, gratuitous attacks on the judiciary. In her view, comments like those of Pat Robertson (judges are worse than 9/11 terrorists) are bound to have an effect on the margins or legitimize attacks on judges. Her story was moving (the Tribune article below has the more detailed account of her testimony). The Times article also reminds us of some particularly egregious and irresponsible statements by Republicans, such as DeLay's post-Schiavo threat or Cornyn's absolutely terrible conjecture (after Lefkow's family was murdered) that judges' behavior might somehow be the reason for the increase in violent attacks. It's a good reminder that regardless of whether or not the current rhetoric actually encourages violence, the last thing a US Senator and former Supreme Court judge should be implying is that judges are somehow bringing attacks on themselves by carrying out their duty of independence.

Articles:

• From Chicago Judge, a Plea for Saftey and Softer Words (New York Times)
• Protect our judges, Lefkow implores (Chicago Tribune).

Study Aids

IT'S OVER -- 1Ls NO LONGER*.

You know, some schools like California Western automatically drop its bottom 25 percentile whether or not you passed.  At Texas Wesleyan and most other schools, you just need to endure the gauntlet with a 2.0 GPA.

I woke up this morning with 10 dashes on my left forearm -- one for each pint or shot since noon yesterday.  And there's no hang over because the celebratory drinkings won't stop until at least Sunday.  My group of friends started at Fox & Hound and then broke for a couple of hours.  I took a nap in between.  Then it was off to the horse tracks at Lone Star Park where I came out 40 cents richer (after deducting beer money, admission, and parking).  9:30 PM?  It may have been too late for the likes of Eric Yepez and Robert Ridgeway, but for those of us who could tough out the evening, the party was just starting at 8.0 downtown.

I never realized how many people I never talked to.  The truth comes out at the end of the year or at least at the bottom of the fifth bottle.  Let by-gones be by-gones.  Whatever trespass occurred on-line or off-line, this was the time for reconciliation and merriment.  I learned that some people were offended when they weren't invited to my Halloween party last year.  What?  That was 6 months ago.  Next year, I'll throw a more and bigger parties.  I'm glad to finally know more my classmates and not just by their reputations.  I never beat Ian McKee's 18 drinks.

Looking back, I must admit that I had the best study group partners at law school -- Gillmer, Harrington, Short, and Snyder, which all happens to be my professors.  As Sara Hammerstead pointed out, "Jack, do you just sit outside their [our professor's] offices and come up with questions for no other reason than to talk to them?"  Yes, yes I do.  After all, why bother with commercial supplements when you can get a direct answer from the person who's writing your exam?  Especially, when you didn't pay enough attention during the semester.  So I made drew up lists of questions, hypotheticals, and points of clarification so that I could bombard them with e-mails and message board postings.  And, if necessary, be an office squatter.  As I always say, know just enough to get by but know how to find the answers to everything else.

Of course, my regular study posse (Eric Clark, Cody McDonald, and Jordan Watson) were indispensable elements to the studying process.  We spent the past three weeks cooped up at the library on the main campus.  There are fewer distractions -- save a handful co-eds.  We had elements, diagrams, flow charts, and what nots sprawled over the giant white wall.  By the time we were finished, the library was out of dry erase markers.  We threw up multiple-choice questions and hypotheticals on video projectors.  We spouted out rapid-fire Q&A's at each other.  Some days were more productive than others; after all, there's only so much I can stand of these guys.  In the end, I attribute my second semester's survival to these guys.

*assuming that I passed all my classes.

Uncommon Law

Whatever you may think is the law is most likely not the law, in-fact.  The bane of my existence has been this attempt to identify what law applies, particularly in multiple-choice questions.  At least you can discuss various options when it comes down to essay questions.  Ever since Day 1 of law school, I could never understand why we had to differentiate between law and equity.  And to this very day, the only distinction I observe is purely academic.

For all you outside the legal community, courts back in merry ol' England were seperated between "courts of law" and "courts of equity."  The former awards monetary damages as a remedy in civil cases whereas the latter provides injunctions and court orders.  Now in the 21st century, American courts can do both under one roof.  So while answer D is a correct statement of the law ... no, no ... it's inapplicable because the cause of action is at law and not at equity.  Confused?  Don't read on.

Speaking of the common law, it's not really all that common is it?  After all, the law is different in every state and varies depending on whether its a majority or minority jurisdiction that follows the Restatement, the Uniform Commerical Code, the Model Penal Code, or some other authority.  The common law being anything not adopted by statute.  For instance, Texas common law differs from Oklahoma common law.  So whether modification of a contract requires writing when the contract expressly demands it, the answer is not C because D is a better answer.  Whereas choice C states "modifications for a sale of goods contract over $500 require written expression to satisfy the Statute of Frauds", choice D is more accurate because "UCC Section 2-209(3), which applies to sales of goods, demands strict compliance with the written requirement."

Criminal Law

Download Ciminal Law Overview.doc, 12 pages (96 KB).

Professor Jason Gillmer.  Spring 2005. 

Course Grade: A-.

Big Mike ... College Grad Extraordinare

May 7 marked a monumental occasion for Indiana University.  Unbeknownst to many 5 years ago, the native Hoosier son Mihailakis Yorgos Aristotelios Kraios (better known as Michael George Kraios) stepped onto the Bloomington campus with a singular goal -- to dominate the academic world.  Heck, the name said it all ... Aristotelios, the great Greek philosopher and thinker known to commoners as Aristotle. 

Now, after numerous examinations and group projects, he dawns the hood & cap to stand among the graduating class of 2005 (we don't walk across a stage at IU).  And this is merely the beginning of the many accomplishments our world has yet to see from this former president of Foster International.

Often mistaken for someone who's actually 80-years-old, this presidential scholar, curator of early twentieth-century jazz, Seinfeld fanatic, and recent receipent of an Indiana drivers license is a talent in his own right.  At the mere age of 22, Mike Kraios already holds three degrees:

• Bachelors of Science in Business majoring in Accounting, Legal Studies, and International Studies with a certificate in Management
• Bachelor's of Science in Statistics.  Although he easily met the requirements for a degree in Mathematics.
• Bachelor's of Arts majoring in Political Science, History, and Spanish with certificates in Russian & East European Studies and a minor in Economics and music.

When asked how he managed 3 degrees, 7 majors, 2 certificates, and 2 minors, Kraios responds, "I call it the Holy Trinity method.  Ask questions.  Question assumptions.  Assume the worst things will happen. ... [It's] worked for me."  The key to his success, not to mention his fondest memories?  Office hours with professors. 

Kraios will be joining the International Tax Services division of the accounting firm Ernst & Young after a brief sabbatical in Spain.

To my good friend whom I have the utmost respect and admiration, Congrats again and Give 'em Hell, Big Mike!  (Referencing his favorite quotation given to our 33rd president Harry S. Truman).  [Photo circa Halloween 2001]

Who's da hoe?

A recent 7th Circuit opinion by Judge Evans included the following passage and footnote:

He was friendly at first, but he soon called Hayden a "snitch bitch hoe" [FN1] and hit her in the head with the back of his hand.

[FN1] The trial transcript quotes Ms. Hayden as saying Murphy called her a snitch bitch "hoe." A "hoe," of course, is a tool used for weeding and gardening. We think the court reporter, unfamiliar with rap music (perhaps thankfully so), misunderstood Hayden's response. We have taken the liberty of changing "hoe" to "ho," a staple of rap music vernacular as, for example, when Ludacris raps "You doin' ho activities with ho tendencies."

Courtesy of my friend Ramey Ko, who's a 2L at University of Chicago School of Law

Property II

Download Property II Overview.doc, 23 pages (148 KB).

Professor Aric Short.  Spring 2005. 

Dukeminer, Property, 4th ed.

Course Grade: B+.