Wednesday, October 28, 2009

Briefs (the legal kind) and Balance

It is such a good feeling to finish a brief you've been working on for weeks. It is a freaking awesome feeling to sit down to read it from start to finish and know that your group has done a good job for the client.

In law school I loathed our 1L research and writing class. I finished my brief during third quarter and vowed I would never write another. Turns out, I just hate brief writing when you're doing it on the same topic as 180 other insane, intense University of Chicago 1L's and you have unlimited time and westlaw searches to make it perfect. I really enjoyed writing the brief for this case. It's a Motion to Dismiss in a very high stakes securities class action (a topic I love) and I got to work with two ridiculously smart people who love what they do and welcome input and enjoy argument. I researched most of our defenses, wrote the first draft of out half the document, and then stood my ground and defended it against the senior associate and partner's roles as devil's advocate. There have been so many marvelous moments of law geekery. I loved working with case law- finding great cases and crafting language around the not-so-great ones. I especially loved sitting in a partner's office and discussing defenses and other ideas and knowing I'm actually contributing. He knows far more about securities law, and far more about litigation in general, but I knew my specific research points and I loved arguing back against his role as attorney from the other side. I learn so much during those exchanges. Most of all I loved the writing. There's almost nothing I enjoy more than playing with words on a computer screen. I'm thankful I work somewhere I can substantively assist in a case this big, and when I make an argument for a section of the brief, the partner just tells me to go write it.

It still surprises me how much I enjoy litigation. I would never have guessed that from law school. But I love working the unique facts of a case around existing law, figuring out (or really listening to smarter, more experienced people figure out) how best to defend the case, and watching our arguments and defenses evolve. Of course there's parts that aren't so fun, but even doc review can be interesting - that's where your facts and evidence come from and I like finding that surprise document that helps us or hurts the other side. You're working with a story and the story changes with each key document you find. And the writing -- in corporate you so rarely draft anything from scratch that I missed starting with a blank page and writing my own words rather than changing a few things about someone else's. There's plenty to like about transactional law, but it is abundantly clear it was the wrong choice for me.

One thing that is not so good? Getting home 10 minutes before Landon goes to bed. I have nothing to mitigate that - it just sucks. I hate not having our evening time together and hate that he was so excited to see me and then so sad when he had to almost immediately go to bed. Each time that happens (which is blessedly very rare, I think this is the 3rd time in the 14 months I've been working), I'm reminded that if it were more common, I would immediately change from being an almost blissfully happy attorney to a bitter, miserable one. It's like a balance next to a precipice. Within a certain range of work/family time everything is great. As I've written ad nauseum, this life is right for me and my family and everyone is happy. But when the balance touches the ground on one side, there's not a corresponding decrease in happiness, it's a plunging spiral into bitterness and doubt. Luckily, such moments are rare. And even though I miss Chicago dearly, I know a huge reason why our life works is because I'm in Austin and not a big city. It's still a big firm and big cases, but there's a different level of intensity and a nice focus on family and hobbies (and an 8 minute commute!).

I'm responsible for shepherding our brief and exhibits through the filing process on Friday, but I'm still heading to Landon's daycare Halloween party for a few hours in the middle of the day to watch the costume parade and join in the parent potluck. The balance will be back and the brief is done.

10 comments:

  1. I totally hear you about missing bedtime. Charlie goes to sleep ridiculously early (around 6:15). This semester, I teach a class from 4-6 one day a week. I usually get home after bedtime that day, and it makes me so sad! Fortunately, I have a much lighter schedule the rest of the week and usually get to spend several hours a day with him.

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  2. "So many marvellous moments of law geekery" ... too funny, I love that part, too. Crafting words to say just what you want them to and strategizing with the big boys (and girls). Sometimes I miss those days. But, as you say, it's all about balance and I've found that at different times in your life the balannce can tip more one way or the other, only to go back again later.

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  3. This is exactly what I wanted to hear today. (I posted about whether people exist who do actually love their jobs.) What I'm so glad about is that you included the details of WHAT you love, exactly. So thanks!

    And have fun at the Halloween parade! I'm going to KT's, too!

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  4. Aaaaww, I always feel sorry for you lawyers who write up these perfect briefs and send them, all nicely bound, to judges like my boss who then chunks them into the recycling bin because "I'll just have to hear it again at the hearing."

    :)

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  5. Great job!! That kind of critical thinking is something I really miss about working (and writing too).

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  6. Lisa, we checked into the judge's use of briefs before we ever started writing and he routinely refers to and quotes from the parties' briefs in his Order and Opinion on a Motion to Dismiss. As of now there's no hearing set (and there's a good chance they're won't be one as this federal judge usually writes his decisions on Motions to Dismiss purely based on the briefs), though I would love a chance to travel over to Miami to attend.

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  7. I wish he did more briefing. He's one of those judges, however, that haaates to read and actually LIKES lawyers to come in and argue their points.

    Of course, as a docket coordinator, it means my day is cluttered with hearings. :)

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  8. LL -

    To add to el - e - e's comment, its typically not the judge who reads and quotes the briefs lol. It's the law clerk and if its a law clerk like me, you just put the draft opinion in front of the judge and tell them "sign here" and the briefs are never read by the "judge." But, as a law clerk, I greatly appreciate the time and effort you put into the brief because then I don't have to research anything haha.

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  9. I'm glad you are enjoying litigation so much. I often wonder what I'll end up doing and whether it will be based on the law itself or the implications the practice area has on family time.

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  10. I'm a wee bit jealous how much you love your job, although, if I had gone into the same field I got my degree in, I'm sure I might like mine better. ;) But I'm actually very happy for you that you are happy with your job--it certainly makes dealing with other life challenges a little easier.

    By the way, come by my "place", you've been Ghosted! :D

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