Saturday, March 24, 2018

A Small Insight Into Practicing Law

When I was young I thought practicing law was going to be glamorous and exciting.  It is not.  It is actually frustrating, exhausting and filled with gray areas.  Often times, practicing law has nothing to do with the law.  Whether you win or lose SOMETIMES (often times) depends on the bias of your Judge. 

In my small town we have a Judge that is well known to be biased against companies and in favor of employees, individuals and underdogs.  The little guy.  The firm I work for usually represents companies.  I usually lose when I go in front of this Judge.  Not because I'm wrong, not because my argument is not compelling, but because this Judge does not like big companies.  We are humans and we all have biases and prejudices. 

When I practice in some of the surrounding cities I often get "hometowned".  Meaning Judges in those cities are friends with and know the local attorneys.  Again, no matter how good my argument and how much the law is on my side, sometimes I lose if the opposing counsel knows the Judge well.  It's frustrating and I remind myself that is the purpose of appeals, but it is still an annoying part of practicing law.  Being hometowned is common knowledge within the legal community.  At least in my area of the State.  In these situations, only where the opposing counsel's arguments are so spurious as to be laughable will I ever get a fair shake.  I often leave those hearings feeling defeated. 

Earlier this month I went to a conference in South Florida and I spoke to another attorney who told me she had the same experience, even within the county she normally practices.  She said if the Judge knew the opposing counsel better, she knew from the beginning of the hearing that the Judge wasn't going to rule in her favor unless the Judge HAD to rule in her favor.  With that knowledge she stated she never made lengthy oral arguments because she felt they were a waste of time. 

Recently, for the first time ever, I believe I won a hearing because of my familiarity with the Judge.  He and I are not friends, but I have met him before and he knows me.  I never practice in his county, but he recognized me immediately and greeted me by name.  I have a very aggressive opposing counsel on this case and he files motions excessively.  My arguments were good and solid and I should have won, but I really feel like I won because I knew the Judge.  He didn't say anything to me to show that he was biased in my favor (no winking or thumbs up), it's just my feeling.  Just like in those other counties where it's just a feeling that I lose because I'm not friends with the Judge.  

Anyways the purpose of this post is to show why I'm so interested in learning to manage my finances, paying off debt and saving money.  I'm not sure how much longer I am willing to practice law. I make good money and (Sometimes) I like what I do.  However, I don't like knowing that the outcome of my client's case MAY be based on my familiarity with a Judge.  I would prefer that the legal system work more perfectly than it does and that is based more on fairness and the law. 

4 comments:

  1. This was a very enlightening post, Michelle. Thank you for sharing a little of what actually goes on behind the scenes. I totally get where you are coming from regarding finances and potential career changes. My husband also makes excellent money, but he absolutely hates the travel that is involved. Although we are now close to retirement and he will likely just stick it out with his job, it would be nice to know he would have the option to do something else if he so chose.

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    1. I feel for your hubby (and for you), travel is tough! I tend to travel a lot (short trips-maybe up to a week), but it's exhausting and I hate living out of a hotel/suitcase.

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  2. That sounds like it would sure wear on you after awhile. I think we all (those of us not in law) have this naive notion that judges are this fair and unbiased person who rules based on law and fairness. I learned that is not the case when we got involved watching all the drug crime cases brought before judges in our old county. Very eye opening and so disheartening to realize how the system really works.

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    1. I remember reading some of your posts about the crime and they guys going in and out of jail. It's really sad. Nothing in life is fair, I guess.

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