@nyctophiliac said in The Art of Lawyering:
Jury System. Just why would anyone ever want to be tried by a court of their peers when the majority of our peers aren't all that smart - why not rely on a professional with experience? (Like a Judge!) Does this happen anywhere other than America? What do yall lawyers think about this?
I actually quite like juries. I've found them to be remarkably incisive in unexpected ways when I've spoken to them after court. They frequently come to a "right" conclusion --anecdata only, mind. The last couple of trials I've had, the jury came back with a decision that was basically... what the State offered me in settlement negotiations.
I think that the truth is often best reached by sifting down between opposing viewpoints. In my experience of most witness testimony, what actually happened is often... somewhere betwixt and between.
The Gavel. Talk to me about this. ORDER ORDER! BLAM BLAM! Is it just to punctuate that you mean business? What do yall lawyers think about this?
I've never actually seen one used in court.
Why did you choose the section of law (family, criminal, etc) that you chose? Or did it choose you?
inertia. I took the first job I could get in a terrible economy, and then continued to build my career from there. I do think I'm pretty okay at it, though.
Why on earth did you choose to practice law to begin with? Was it the money or..?
I had no idea what I wanted to do in real life and law school was a way to put off dealing with that for a few more years. My degree was in secondary education English literature and I didn't actually really want to be a teacher. Who knew?
What is the most hilarious case you've worked on?
Most of my shit isn't very funny. We did have an assault 4 once where the defendant allegedly threw a plum at his girlfriend while they were driving. I insistently referred to it as the drive-by fruiting case and made the PA laugh more than the joke was worth. We are the Mrs. Doubtfire generation, I guess.
What is the saddest case you've worked on?
A lot of 'em, really. I represent parents who are trying (and often failing) to not lose their children to the State. The worst is when they really genuinely want to try to fix their problems but their mental health is just too jacked up ... or when they are genuinely improved, but their relationship with the child is just plain unsalvageable.
I've lasted longer in my contract than most do. Turnover is high. Emotions are terrible. But somebody's got to do it.
Criminal Justice Lawyer Types: What's the scariest person you've represented?
I'd prefer not to say.
Would you ever represent someone that is guilty but they wanted you to get them off the hook? Would you lie for them? What's the furthest you'd go?
Guilty is a legal determination. They aren't guilty until they're convicted. I can and have represented people post-conviction, though. But ... I think the very question of whether you'd rep a guilty person misconstrues the point. My job is twofold: (1) to make sure the authority does their damn job correctly; they don't get a conviction no matter what my client did if they fuck up; and (2) to minimize the damage to my client's life that results from whatever dumbass thing they did to get them into that situation. Is it what they're charged with? Maybe, but that's not the point. The point is, no matter what someone has done, they're not beyond human caring.
Any given citizen is vastly outweighed by the power of the State. It's vitally important that no individual be crushed under the weight of that authority and power without checks and balances. The individual case is almost not the point. My role is vital, even though there are individual cases where there is literally fuck all I can do besides go "Your Honor, the burden of proof is on the State."
I don't lie. My professional ethics are extremely important to me, and so is my professional reputation, and I definitely would not compromise either for a client.
Do you like arguing? How can you manage to keep your shit together when impassioned?
I find that, when I am prepared, passion enables me to keep my shit together versus the forces of anxiety that otherwise undercut me.
I don't really like arguing, because I don't really like conflict. I dunno. I definitely didn't decide to be a lawyer because I was like, yay, arguing. But, somehow, here I am.