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Holy Grail

September 30th, 2007 by Rick Lax

I spend the day at Barnes & Noble working on my Senior Thesis about why people hate personal injury lawyers.

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I trudged through popular law books, trying to find an anti-personal injury lawyer quote with which to begin my senior thesis. I didn’t find much. Then I decided to look online…and within five minutes, I found my holy grail.

The grail comes from anti-lawyer website power-of-attorneys.com, and it goes like this:

“It used to be, back not so long ago, that personal injury lawyers only crept out from under their rocks on those occasions when someone in a car was rear ended and supposedly suffered from the infamous ‘whiplash’ injury.

“By and large, this small contingent of low life lawyers were looked upon as outcasts by the legal community at large, just those old ‘ambulance chasers’ looking to score a couple hundred bucks here and there. Boy have things changed.

“Now we have personal injury lawyers everywhere we turn, constantly urging us to sue the pants off of each other. In the meantime, the number of personal injury hacks have [sic] ballooned to hundreds of thousands of lawyers.

“These opportunistic scalawags are now making mountains out of the smallest molehills while pocketing mountains of money in the process. And these lawyers aren’t just chasing ambulances anymore. If you’re one of the fortunate few that have a few bucks left in your pocket, you’d better watch out—because sooner or later the lawyers may be chasing you.”

It’s PERFECT. Opportunistic scallywags? I couldn’t come up with something that good if my life depended on it. Do you think the person who wrote the above passage really feels THAT strongly about personal injury lawyers…or is she just playing it up for her audience?

REGARDING THE PREVIOUS POST

I neglected to mention that the beautiful images in the previous post came courtesy of my old friend/on-call cartoonist Steven Katz.

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The man is a genius.

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Posted in General, Law School Life | 2 Comments »

LAWYER BOY

September 28th, 2007 by Rick Lax

Several LawSchoolBlogger readers have asked to see part of LAWYER BOY, my upcoming law school memoir. I definitely appreciate the interest, and I hereby offer you the first few pages:

CHAPTER ONE: A SLEIGHT CHANGE OF PLANS

I always wanted to be a magician, but my father, a tax lawyer, never considered magic a “viable career path.” My mother, on the other hand, always told me I could do whatever I wanted with my life, but as I grew older, I realized that she and my father were playing Good Cop/Bad Cop and that when she said that I could do whatever I wanted with my life, she meant I could practice whatever kind of law I wanted.

My uncle is a lawyer and so are my Michigan cousins, my Chicago cousins, and my New York cousins. If I had any siblings, they’d be lawyers too. My father’s father, though, was not a lawyer. He slaughtered cows for a living. Now, I could easily write half-a-dozen lawyer jokes comparing slaughterhouses and courtrooms, but I’m not going to do that because I refuse to disrespect the meatpacking industry.

Family Tree

 

All my friends and ex-girlfriends are lawyers, law students, or soon-to-be law students currently denying their inevitable legal futures. The only exceptions to this rule are 1) my childhood buddy Steve, who works as his dad’s law clerk, and 2) my neighbor Stacy, a paralegal. I come from an affluent suburb of Detroit where the only excuse for not practicing law is practicing medicine. But even medicine, many of my dad’s partners feel, is a pretty thin excuse. It’s sketchy.

My father and his partners saw my interest in magic the way an evangelical Christian father might view his son’s homosexuality. As a phase.

“He’ll grow out of it,” they told my dad.

I imagine one of them took my dad aside and said, “I’ve never told this to anyone before, but when I was Rick’s age, I went through a magic phase too. My bunkmate showed me my first card trick at summer camp when I was fourteen…”

In middle school, my dad bought me 8.5” x 14” yellow legal pads on which to take notes, the way the evangelical father buys his gay son a baseball glove. But just as the gay son uses the baseball glove as a prop in his school’s Damn Yankees production, I used the legal pads to sketch blueprints for grand stage illusions. Every time my birthday rolled around, I asked for marked cards and gimmicked coins and linking rings—and received dress shirts, neckties, and dictation recorders. So, I sewed secret pockets into the dress shirts, used the neckties for escape demonstrations, and recorded psychic predictions on the dictation recorders (e.g., “Your card was the three of clubs.”)

I didn’t just perform escapes and psychic demonstrations; I performed billiard ball manipulations, rope tricks, and dove illusions. My specialty, however, was performing elaborate, multi-phase card tricks that most professionals wouldn’t dare take on, like those of British magician Guy Hollingworth. Hollingworth created one of my favorite card tricks, Restoration, in which a signed playing card is torn into four and then restored, piece by piece. It sounds simple, but it isn’t; the trick’s explanation goes on for thirty-six pages and contains instructions like this:

“The front edge of the left hand’s card should be in contact with the front of the right’s, so that when the cards are directly aligned with each other, that front edge can slide in between the right fingers and the other cards, so that the right hand holds it in place; meanwhile the left thumb is still holding the other side of the folded V-shaped card, and immediately moves upwards, unfolding the card; at the same time the left fingers move to the side, so that the card is seen as it is being opened.”

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As a teenager, I fantasized about creating illusions so elaborate they’d make Guy Hollingworth’s Restoration look like Dan Harlan’s Card Toon (If you were a magician, you’d be laughing really hard right now), so you can imagine how betrayed I felt when, at the age of twenty-four, Hollingworth left the field of magic to study law.

Hollingworth’s career change got me thinking: maybe practicing law isn’t all that different from performing magic. The most powerful weapon in both a lawyer’s and a magician’s arsenal is misdirection; just as Slydini misdirected an audience’s attention away from the billiard ball’s true location (Slydini’s right hand) by looking at his left hand, Johnnie Cochran misdirected jurors’ attention away from the DNA evidence by focusing on a pair of ill-fitting Isotoners.

The main difference between magicians and lawyers is that lawyers have no use for sleight of hand. This difference is as personally disappointing as it is obvious—for every hour my dad spent pacing around the kitchen, saying things like “bargained-for consideration” and “promissory estoppel” into his dictation recorder, I’d spent three in front of the bathroom mirror practicing rope sleights.

“Judges,” my father told me, “aren’t impressed by lawyers who can tie four varieties of slipknots; the only knots judges like are the ones that go around lawyers’ necks.”

My father wasn’t referring to a noose—my father doesn’t make lawyer jokes—he was referring to neckties, and the reason he was referring to neckties is that I couldn’t tie one. I’d always figured that if I never learned how to tie a necktie, nobody could rationally expect me to hold down a desk job. Unfortunately, I overestimated society’s rationality, because everybody expected me to hold down a desk job. Specifically, society expected me to become a lawyer—this much was made clear to me while sitting shivah for my grandfather:

“Have you thought about law school? I bet that’d make your dad real happy.”

You think?

“I’d love to take you out for lunch so we could talk about law school—your dad told me you’re thinking of going.”

He did? I am?

“I heard your big news!”

I didn’t.

“Law school!”

Law school?

“What a smart decision.”

Uh…thanks…

“Your grandfather would be so proud. I didn’t want to tell you this until you made a final decision, but your grandfather always wanted you to become a lawyer like your father.”

No pressure or anything.

Before my grandfather’s funeral, my father sat me down at the kitchen table and said, “It’s time for you to learn how to tie a tie.” My father had offered to teach me how to tie a tie before every wedding, Bar Mitzvah, and funeral, and I’d always declined—that was the ritual. Only this time, my father wasn’t joking around. “It’s time for you to learn. Really.” Maybe my grandfather’s death had gotten him thinking about how he wouldn’t always be around to teach me how to do it. But when I declined again, my father did the same thing he had done my entire life: he tied my tie on himself, slipped it off his neck, and placed it around mine.

Posted in General, These Posts Defy Categorization! | 11 Comments »

Diry and Smelly

September 26th, 2007 by Rick Lax

I took two of my suits to the cleaners today. I went the whole summer without dry-cleaning them. (Is this unsanitary?) Yeah, I TOTALLY forgot that I have a trial in Trial Ad tomorrow—one that I’m expected to wear a suit for.

The only suit I have left is an even dirtier, smellier suit…that I got back in high school. So that’s what I’ll be wearing tomorrow, as I ask the jury for 8 million dollars. I wonder if I should stay at least ten feet away from the jury box…

IN OTHER NEWS

I went to the gym with Elliott (who’s going to be playing one of my two star-witnesses tomorrow), and they were giving away free food. TONS of it. And it was really fancy (i.e., duck confit, ginger truffles, pear quesadillas)

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I ate that at 6:00. It’s 11:30 and I’m still full. And I still haven’t started my opening or closing statements.

I’ll go do that now.

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Posted in General | 8 Comments »

Biz Org

September 25th, 2007 by Rick Lax

FYI, I’m posting this blog entry from my Business Organization lecture…

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I can’t type half as fast as my Biz Org professor talks. To give you an idea, here’s a sample of my unedited Biz Org notes that I took 5 minutes ago:

“Centual is a hostile ta keoverer. Looking at hosityr of shareholders votes, liooks like they were treateda s part of one group of providsions. Court: Section 16 is a similar provisoon. I twill be covered by article 8. THEREFORE, 80% rule will apply here.”

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Posted in General | 6 Comments »

Exploiting the Suffering of Others

September 23rd, 2007 by Rick Lax

I have no idea whether I’ll be able to use a casual tone in my Senior Thesis, but if I am permitted, I might use the following as an intro:

I met a girl at a cocktail party…

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…and told her that I planned to go into personal injury law. She laughed and asked, “So you want to chase ambulances for a living?”

“Well,” I said, “I’m real fast, and I know downtown Chicago’s streets like the back of my hand.”

“And you I see nothing wrong with exploiting the suffering of others for personal, financial gain?”

“Exploitation,” I explained, “is a moral conclusion—one implying that a usage is wrongheaded. Asking me whether I see anything wrong with ‘exploiting’ the suffering of others is begging the question.”

Apparently the term “begging the question” is a cocktail party no-no; the girl left me and found a less legal-minded guy to chat with. Her ambulance joke didn’t offend me, but that’s only because I’m so used to hearing similar ones. In “Lowering The Bar: Lawyer Jokes & Legal Culture,” Marc Galanter explains,

“The joke corpus unreservedly subscribes to the observation that “lawyers have an economic interest in generating and prolonging conflict.’ Not only do lawyers reap advantage from others’ conflicts and troubles, but they require them to prosper…The eagerness of lawyers to promote conflict is codified and stigmatized in jokes a out their connections with ambulances.”

There’s the one about the lawyer whose business had gotten so bad that he had to sell his ambulance, the one about the attorney who chased an ambulance across town only to find a lawyer already inside, and the one about the man who can’t tell how bad his injury is until he consults his attorney. Implicit in these jokes is the widespread notion that it’s wrong to draw benefit from the suffering of others. But is it ALWAYS wrong to draw benefit from the suffering of others?

Posted in General | 5 Comments »

2 B

September 21st, 2007 by Rick Lax

Tonight I sat on a jury in my Trial Advocacy class. The charge: First-Degree Murder.

During closing arguments, the student acting as the defense attorney made the following linguistic blunder:

“If, when you go into the jury room, there is any doubt in your mind, you must convict my client of First-Degree Murder. I mean acquit—you must acquit him.”

It was cute, and everybody smiled…but I wonder what would have happened if a lawyer had made that mistake in a real murder trial? I mean, that sort of this must happen—right?

Also notable: my friend Elliott…

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…who was playing the part of an investigating officer, had this bit of dialogue:

State Attorney: “And you entered which apartment?”

Investigating Officer: “Apartment 2B.”

State Attorney: “You’re sure it was 2B?”

Investigating Officer “Well, it was either 2B or not 2B.”

I was the only one laughing.

Posted in General | 8 Comments »

Not My Fault

September 20th, 2007 by Rick Lax

My Intellectual Property classmates might hate me. I’m not sure. I’ve been raising my hand a lot…but it’s not my fault. See, my professor, a Hugo Weaving double…

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(my professor)

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(Hugo Weaving…he played “Agent Smith” in The Matrix…also note, both my prof and Weaving are Australian)

…keeps asking questions like “Has anybody in the class read Bill Clinton’s autobiography?”

Of course, I was the only one in the class who had. I raised my hand and was called on.

Last week he asked, “Is anybody here a big Monty Python fan?”

I raised my hand. I was called on.

The week before that: “Does anybody have any serious training in classical music?”

Raised my hand. Called on.

It’s getting pretty bad…but ON THE OTHER HAND

I’m not as hated as this girl in my Business Organization class. It’s not that this girl raises her hand three times per class; it’s that she prefaces EVERYTHING she says with the word “I” and with a statement about herself.

Examples:

“I personally don’t think so, but that’s just me…”

“I was just wondering about that myself, and what I realized was that…”

“I was thinking about that when I was reading the case, and the conclusion I came to was this…”

I just hope people don’t feel about me the way I feel about this girl.

Am I a hypocrite?

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The Drake Hotel

September 17th, 2007 by Rick Lax

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I’ve been studying at the Drake Hotel a lot. Almost every night, actually. It’s fancy and they charge me $3.86 for a Diet Coke, and I usually tip $2 because they give me free refills, limes, and Chex…but it’s all worth it because I get so much work done.

The lighting is decent, they always play classical music, and I get to sit next to a giant fountain decked out with a thousand Birds of Paradise flowers.

I’ve befriended some of the servers and the room manager. And today, the manager gave me a complementary tea time tray. That’s the thing you see behind me in the picture. On the top plate was a cucumber sandwich, a lox sandwich, and a roast beef sandwich. On the middle plate was a piece of sweet bread, a raisin scone, and a piece of tiramisu. On the bottom plate was jam and butter and cream.

As you can see from the photo, I ate everything.

And left a big tip, of course.

IN OTHER NEWS

Today we learned more about the FTC in Consumer Protection class. The moral of the lecture was clear: don’t mess with the FTC. My professor used to work there, and the truth is, I’m considering doing the same. I think it would be the perfect way to combine my magic knowledge (deception, lying, etc…) with my legal skills.

IN THESIS NEWS

Here’s what Counselor NambyPamby had to say about my last post…

Thesis thoughts: ER Doctors, Firemen, Funeral Directors, Ambulance Drivers and their ilk all are different from PI Lawyers for lots of different reasons.

I’ll leave you with the biggest difference in 2 words: Contingency Fee.

…Do you guys agree? Or can you think of any other reasons?

(And if I end up using your thoughts in my senior thesis, do I have to cite my blog?)

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My Brilliant Senoir Thesis

September 15th, 2007 by Rick Lax

I’ve got my senior thesis. It’s brilliant. I’m not going to tell you what it is…yet, but I will tell you the question it answers:

Emergency room doctors, funeral home directors, rape counselors, firemen, and personal injury lawyers all make their livings working with people who have experienced personal tragedies…so why is it that only personal injury lawyers get accused of exploiting the suffering of others?

Well, LawSchoolBlogger readers, What do you think?

IN OTHER NEWS

I’m pretty sure the Versace pants are fake.

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I washed a pair and a lot of black dye came off…and onto two of my nice t-shirts. Also they still smell synthetic. I guess theres no such thing as a free lunch.

MORE NEWS

I hope you’re sitting down for this: My girlfriend and I broke up.

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It sucks. We dated for just under a year. She’s an awesome person, and even if we are meant for each other, we’re not meant for each other right now—if that makes any sense. We’re going to try to stay friends. If that’s possible.

I encourage you to leave your sympathy below and tell me about how there are other fish in the sea and about what a catch I am. That sort of thing.

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Mystery of the Versace Pants

September 12th, 2007 by Rick Lax

So…I’m meeting with my Law and Society professor, discussing my senior thesis. Something about why people hate personal injury lawyers so much.

And then, when we’re done, I walk from this professor’s office to the staff elevators. Outside the elevator bank is a bench, and on it is a handwritten sign that says “FREE PANTS.” Next to the sign I find two pairs of black jeans in plastic bags. I remove the jeans from one of the bags and look at the label:

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Next I look at the size: 34.

It’s my size.

So I take the jeans home and examine them.

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The first thing I notice is the smell. These jeans smell synthetic.

Next I examine the label…

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…and the tag.

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They look legit.

I went on Amazon Apparel and looked at “Versace Jeans Couture” jeans. They cost about $300 per pair.

Do they make knockoff designer jeans?

Do these look like the real deal to you?

What kind of jeans come in sealed plastic bags?

Who do you think left the jeans, and why?

Was I right to take them, or should I have asked around before I did?

Am I a thief?

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Posted in General | 9 Comments »

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