The Usual

I have no usual.
There is a little deli down the block from my office that I frequent. The deli guy knows me, we chat about his back pain, my work and other recent events. Yet, he doesn’t know my order. Its not that he doesn’t recognize me, but rather, because I don’t get the same thing each time. It’s a variation on the same thing. How could he possibly predict?
Why am I like this? How come I can never get the same thing?
I do this at Dunkin Donuts, Starbucks, even Circa. Pretty much the only place I may be even slightly regular is the Professor. [Cheese stix and a burning with black olives and pineapple, wow am I hungry now] but even that has not been steady in recent times.
Does anyone else have this problem?

Monday Moans

You know its going to be a bad week** when…
- Your new car isn’t going to be ready
- You find out you need to pick it up…. IN BROOKLYN
- The insurance co wont insure you, because they say you don’t exist
- You spill coffee on your new boots
- And on your coat
- The highlight of the day is that your boss got you a new chair

Is it Friday?

**I have to add the disclaimer that at least I am not an Accountant and tis not tax season. I do not envy the BF and Dov and all other tax professionals. My deepest sympathies.

Winter Bar. v. Summer Bar

It amazing the differences between taking a bar in July v February.
Lets start with the weather.
They both have their ups and downs.
In July you don’t have to worry about how you will get to the exam, since its not difficult to travel in the Summer. What must you worry about? Climate control in the testing environment. While in winter, getting to your testing site, or getting home from the exam may pose the biggest hurdle, in summer AC is your biggest concern. Will it work? If so, will it be too cold? Should I bring a sweatshirt? If it doesn’t work, exactly how naked am I willing to get to take this test? Are just some of the things that go through a young soon to be lawyers mind, in addition to the ever popular, “What is the rule against perpetuities, and why do I need to know it?”

Next is population.
February has the least amount of first timers by far. Hence, you have wacky crazy obsessed people, who failed the first however many times and do not want to go through this hell again, and chill mellow “backup bar” people like me, who really couldn’t care less and walk around internally laughing (because if we laughed aloud the crazies would shoot us).

Last is size. And yes, size does matter here. (Ding)
Maybe it was just CT, but I think its universal. That there are significantly less people taking the February bar overall then the summer bar. I took the exam last week with approx 400 other people.
Now this was the ONLY testing site for the February administration of the CT bar. Compare to NY. Where I was #169 out of 1100. Just in my building. There were two other piers housing 1100 other people, and the javits center had about 1000 more not to mention the Pepsi Arena in Albany, which probably held a few more thousand, oh, and did I mention MSG?
See it’s a big difference.

Thankful to NEVER have to take another bar exam, ever again!

Good Excuse

So I know, I know I have not blogged once again a long long time. But I have a really good reason. I am studying for another bar, Ok Maybe studying is the wrong word. But I am trying, and I should be.
I am taking the CT bar this Thursday. Thats less than 48 hrs away and I am freaking!
Here is a sample of what I have been doing:

Question #4: (From the July 2005 Bar exam)
For ten years Paul and David have been next door neighbors in an older subdivision, with their yards separated by a fence. Several of David's large trees overhang the fence. Each fall, David's tress deposit most of their dead leaves on Paul's yard. Despite repeated requests by Paul, David has refused to cut down his trees.

Determined to get even with David for years of raking leaves, Paul's ecided to hire a lawyer to sue David for an injunction to cut down the trees. Paul visited Arnold, an attorney. Paul agreed to retain Arnold on the condition that Arnold drag out the tree dispute as long as possible in order to drive up David's attorney fees. Arnold agreed, adding that the local judge would allow him to drag the case out because the judge owed him a favor.

Soon after the suit was filed, Paul learned from another neighbor that David had boasted about the fact that the leaves from his trees fell into Paul's yard, and not his. After Paul told Arnold about this information, Arnold telephoned David and told him he'd have this neighbor testify agaisnt David if he continued to fight Paul in the tree suit. Arnold told David to have his attorney draft a settlement agreement that required David to remove the trees. After much discussion, David agreed to settle the suit.

Just before signing off on the settlement agreement, Arnold informed David that Paul had sued David specifically to make him pay large attorney fees. David became incensed, and asked Arnold if he would represent him in suing Paul for malicious prosecution. Arnold agreed and said he would gladly testify against Paul at that trial. At the trial for malicious prosecution, Arnold represented David and testified agaisnt Paul.

Applying the ABA Model Rules of professional Conduct, analyze fully Arnold's conduct.

My Answer:
Arnold acted unethically throughout the Paul-David issue.
The first issue is that of malicious prosecution. According to the ABA Model Rules of Professional Conduct and lawyer may not engaged in malicious prosecution. Namely, any suits or filings that they believe to be worthless and solely for the sake of dragging the other side into court.
The next issue is that of improper behavior with a member of the judiciary. The ABA Model Rules of Professional Conduct state that a member of the Judiciary may not take or accept bribers, or give preferential treatment to any party in a suite which comes before them.
The next issue is that of improper contact of adversary parties. The ABA Model Rules of Professional Conduct states that the attorney may not contact the other side personally, if they know that they are represented by counsel. All communication must go through the lawyers.
The next issue is that of coercion. An attorney may not coerce or black mail the other party with threats, to enter into a settlement agreement or suit.
The next issue is that of Attorney-Client privilege. The ABA Model Rules state that any information or communication between an Attorney and Client is confidential and privileged and the attorney may not divulge it to any other party for any reason.
The next issue is that of conflicts. The ABA Rules state that an attorney may not represent two clients whose interests are adverse or conflict with one another. This includes present and past clients. Since the attorney may gained certain knowledge or information in the representation of one and use it improperly in the presentation of the other and violate privilege.
The last issue is that of an Attorney testifying in court against his client. There are only limited circumstances when a lawyer may testify against his client in court. The rule states that a lawyer may testify against his client, where he is seeking his fee or compensation.

Here, Paul hired Arnold to sue David for an injunction to cut down the trees which hung over the fence between their property and dropped its leaves on his side. Paul agreed to retain Arnold as his attorney on the condition that Arnold drag out the tree dispute for as long as possible in order to drive up David’s attorney fees. Since, the main purpose of the suit was to cause harm to David and just drag him into court, Arnold had a duty not to engage in this type of malicious prosecution. Therefore Arnold violated the ABA rule against frivolous lawsuits and malicious prosecution.
Next Arnold tells Paul that the local judge owed him a favor and would allow them to drag the case out. The fact that Arnold knew and was friendly with the local judge is not the main problem. The problem arises when Arnold says that because of this close relationship the Judge will give them special privileges and allow them to drag out the case. Here, the judge would clearly be giving them preferential treatment and would be in violation of the ABA rules. It would be Arnolds duty to either, not allow the judge to give them special favors, or move the case to another judge.
Next, Arnold telephoned David. Arnold did not call David’s attorney even thought he knew he was represented by a lawyer. Arnold specifically asked David to have his attorney draw up settlement papers. We can infer from this that Arnold knew David was represented by counsel. Therefore Arnold improperly contacted the adverse party. He should have called David’s lawyer. Arnold violated the ABA rule against adverse party contact.
During this conversation Arnold told David that he would have a neighbor testify against him saying that David boasted about the fact that he leaves from his property fell into Paul’s yard. It was basically a blackmail threat, that if it ever went to trial, he had an ace in the hole witness. This was improper coercion, and blackmail. Arnold violated the ABA rule against forcing a party into settlement.
Next Arnold violated the attorney-client privilege. Arnold informed David, that Paul had sued David specifically to make him more attorney fees. This was a communication between Paul and Arnold during the course of their Attorney-client relationship. Any matters discussed are privileged and may not be waived unless the client agrees. Here, Paul did not agree. Arnold just told David the confidential communication. Arnold violated the attorney client privilege.
Next is the issue of representing conflicting clients. Arnold may never take on the presentation of any other person who wishes to sue Paul or was adverse to Paul in a prior suit in which Arnold represented Paul. Here, Arnold agrees to sue Paul on behalf of David. This is a conflict of interest and Arnold may not take on this action. Paul was a former client and he may have confidential and privileged information that may come out during the course of working with David. Also David was the party to which Arnold represented Paul against, another conflict. Unless both sides knowingly sign a waiver of conflict. Arnold may not represent David in the suit against Paul.
Lastly is the issue of Arnold testifying against Paul in court. Here, Arnold would only be testifying that Paul had intended the suit to maliciously prosecute David. Although that is wrong, an Attorney may not testify against his client as to such matters. Only to hose matters relating to his fee or withdrawal. Since we don’t have either of those issues here, Arnold may not testify against Paul.

Sheila's Comments on my Answer (She took it last July)

• you should say Arnold is in violation of many ABA MOdel Rules...
• THen : the issues are whether Arnold is in violation of the following ABA model rules, then list the names.
• List the rules with the explanation of it.
• YOu are going issue, rule, issue, rule...
• You need a final conclusion i.e. because of his unethical behavior, Arnold is in violation of many ABA MOdel rules of...
• Your analysis is good.

How did I do?

Do some of you still want to go to law school?

Wednesday Re-Cap

I hate being this person, really I do. I want to blog more often, I just cant seem to find the time. So I am making time during work once again.

Lets start with Last Thursday (I know, can you believe it has been so long?)
I had a volleyball game, and of course we lost. But the BF came to watch. I kinda feel bad he to see such a crappy game, but he was perfect as usual, telling me I was the best and he brought me flowers!!!!
Now at this game I was wearing red shorts. Our Shirts our navy, so it matched. Anyway I was at the net and on the other side was this guy who kept talking to me. It was creepy weird. He would say stuff like, “I like your shorts, they are red, remind me of fire” so every time I was near him I made the guy next to me switch spots. Turns out he wasn’t flirting with me, he did it to every chick on the team…

The weekend was nothing extra-ordinary except for MASSIVE quantities of snow. Oh yeah, my brothers, in a stroke of wisdom, decided to use my little car (Altima 01) as a snowplow. Can you tell how this plan backfired?
First they got it stuck. So I had to come out and move it backward and forward like an inch at a time while they shoveled around it. This took an hour, and eerily reminded me of a past experience in Canada…
Anyway after I eventually got out of the driveway, I was stuck blocking the whole street across, because they had made a snow mountain and I couldn’t maneuver. At this moment, a plow decides to come down our block. Now my brothers stand next to my car waving their hands and the plow keeps coming, it eventually stops, before hitting us two inches from the car. We tell him we are stuck and he backs up, Thanks for the help man!
I get out and of course I am low on gas. So I get $10 and run to the gas station with the little bro. I get stuck trying to get into the gas station. Two guys help us. I get to the pump. And I cant find the $. And geniuses we are (must run in the family) we have no other money. So I call the BF who is on his way over for din, break down hysterical and he comes to our rescue. After he gives me $ and I get gas, I find the other missing money. Yeah, my night is not turning out so well.
I get home shower and eat. The night ends reasonably well.
Did I mention my brothers ripped off my front bumper during this? And their idea of fixing it was to duct tape it together.
I had a car held together by duct tape in High School and I vowed never again!

So its Monday morning and the LIRR isn’t working. So my dad stays home, always a joy. My little bro cant get his car out of the garage. I cant take my car long distances bc I have a dragging bumper. Turns out my mom’s car is frozen so you cant close the door properly. I call in to work that I am having car trouble.
I end up using my moms car and make my bros fix my car.

Last night the BF and I went looking for a new car for me and had Chinese. A good night.
And a great end to the past few days….

Last but not least… DD named her kid…
David. Nice no? I hear he looks like his dad, cant wait to see him.

New Baby Boy!!!

So yesterday my friends DD and Ari (married to each other) had a baby boy.
Now DD is the originator of my Chaquitas. There are 7 of us, who for some reason fell into friendship and have stayed friends since high school. Just so you can keep them straight, Me, Ray, Sheyron, Sho, DD, Rachael, and Abby. Through, boyfriends, breakups, engagement, marriages, pregnancy and birth. Rachael had the first baby Chaquita last year, Chana who is seriously adorable. And now she is growing our 3rd.! DD's baby (I call him Chico, ala Ray) was our 2nd.

This group of friends is amazing. I wish to share with you our email exchange of today (we reply all to everything), and in the event DD is reading this (but I doubt it) I have to take out certain details since, its about her gift. But I seriously have the most amazing friends, and I am extremely lucky. (I have kept all original spelling in tact)
--------------------------------------------------------------------
Hi Everyone,

After looking at the registry, I'm thinking we should buy the bouncer, mobile and stroller thing. It comes out to $XX a person. Please email me back just to let me know that you got this email.

May we share in many more simchas together!!!!

Love,
Ray
------------------------------------------------------------
Hey y'all!
Mazal Tov! A BOY, what is that? We have an infiltrator in our midst...and we love him already!!! Is Racheal growing a playmate or a mate? hmmm questions to ponder!
I'm in for the gift, of course - good choices for gifts Rachel.
Miss ya'll so much and please save me a seat at the bris and then put a bagel with cream cheese and tomatoes on the plate with a danish and if people ask who is sitting there, just tell them to buzz off, I mean, tell them that you are saving the seat for the God Mother (do Jews even do that thing? dunno) Whatever!
Catch ya later,
Sho
------------------------------------------------------------
Sounds great! Count me in. Thanx for taking the lead on this Ray. Looking forward to seeing you guys (who can make it) at the bris. Gotta get back to work.
Laters,
Abby
----------------------------------------------------------
Well, Sho, I just found out today what I am "growing"! I was right, again. It's just never a surprise when you know right away. But the baby is healthy and huge B'H and just as adorable as Chanas sonogram
Please send kisses to DD and the baby from Cleveland,
Tons more smachot!
Rachael
------------------------------------------------------------
I dont know why but it fills me with love.
Ray and I were actually discussing how awesome it would be if really our kids would be friends when we get old.. I hope so. Becuase then our lives would be movies, and not the freaky kind or sitcoms/soap operas they tend to resemble now.

W is for Weekend Update

Twas Benjy’s actual b-day (see Trembalnt 2005 recap) Sunday. So we headed out to AC, two cars full and did it up right. And by right I mean met in the city, at Benjy’s apt, had some pizza. Or a ton of pizza if you are 5”1 like me and wouldn’t beat Marylou in a fight, according to your BF. Then finally got on the road and gambled. Then met up at Strabucks for b-day cake. (Entemans marshmallow iced devil foods with icing that said” Happy Birtday Benjy”, because I can’t spell) Gambled more and finally left.
I didn’t get my wish of Breakfast bagels, but we were super exhausted.
Got home around 8:00am on super bowl Sunday. Slept till 11;30. Then studied till like 4:00pm.
Went to the Shpayhers as per the Sunday tradition and watched the game. I really didn’t care who was playing,. Since my football loyalties are, in order: Giants, 49ers, Miami, Jets, Packers, Patriots. [The reasons are an entry all to themselves]. But I did have a b ox in a pool And I had good numbers, but the game sucked.
The commercials were great. Favorite of the night, Magic Fridge by Budweiser. Yours?
Went home in the middle of the 3rd quarter to make sure I saw Greys in bed. Made in time to watch the last 7 excruciatingly painful minutes. And Grey’s, with according to the BF, “The best opening of a show ever” if you didn’t see it, find it to watch. Three women, in a shower, with sponges and lather….

Monday night I hung with Nacho in the city since one of our teachers from our year in Israel was in and speaking. She didn’t remember us, which truly made us feel old.

Last night I hanged with the BF. And today I don’t feel well. But once again the boss isn’t here, so you get my rambling. I can get used to this.

I have volleyball Thursday night and the BF says he wants to watch, I hope I don’t choke and lose it for my team. GO SPIKED PUNCH!

Tonight Benjy and I are taking one of them driving courses that reduce insurance and your points. I am sure this will be an exciting evening., if I can last till then.

Looking for drugs, my prescription ran out and the Dr has not been answering her phone for two days….

While the cat is away, the mice will play

So I come into work this morning to see my boss in a suit. Now we don't get dressed here. I mean we do, just not dressed up. He wears jeans and long sleeve no fear t-shirts.
So I was a bit surprised if not to say un-dressed for this occasion.
Turns out he got sandbagged late last night by a court in Brooklyn and had to come in person to adjourn a case.
He left me nothing to do. So I began by reading some news, catching up on the sports guy and general procrastinating techniques I have perfected over the years.
At one point the BF suggested I write a poem entitled Ode to Josh, its still in the works. I will post upon completion.

I also took many online quizzes....
the most interesting result is below:

***You Are 20% Boyish and 80% Girlish***
Even if you're not a girl, you're very feminine.You're in touch with your feelings, and your heart rules you.A bit of a emotional roller coaster, one moment you're up and the next you're down.But no matter what, you try to be as cute and perky as possible.
How Boyish or Girlish Are You?http://www.blogthings.com/howboyishorgirlishareyouquiz/

Agree or Disagree?

Do they cancell each other out?- Revisited

A few days ago I posed an interesting question-
http://lanspeaks.blogspot.com/2006/01/do-they-cancel-each-other-out.html
I have solved my problem.
Or at least I think I did.
The true test is today around 3pm.
I got my Latte, but I added an extra shot to combat the warm milk problem, and I omitted the extra foam, since that is merely more warm milk.
So now my drink is: Grande, triple, sugar free vanilla, non fat-latte. It is $4.40 and if it works, will be my new miracle.
Wish me luck!

Hump Day Rambling

I realized that since this blog has pretty much out lived its usefulness. I created when I was single, unemployed and BORED to pieces. Since I am currently none of the above, I have put some serious thought into ending this.
But it seems no matter what I still have what to say. So I decided to continue, but perhaps less frequently. I still welcome comments and suggestions no matter what. And I will post, even it means ACK during work! :-)

I got keyed. (G.A. fans unite!)
I came to work and the door was locked. I see everyone inside kind of smirking and looking at me oddly. Now it should not come as a shock to anyone, that there are days when the door may be unlocked yet I manage to not be able to open it. Today was not one of those days. The doors was really locked. So my boss comes to open it waving a key…. I got a key. I am not sure was this means since I come when everyone is here and leave when he is still here. (I clarified my hours last night just to make sure) Maybe it just means they like me…?

I have trained the dog, well sort of.
My boss has a dog, and by my boss I mean the office. Her name is big foot. She’s cute. And really sweet. She used to lick my hands all the time, so I got some hand sanitizer and use it religiously. I eventually via the use of treats trained her to stop licking my hands or skin. (I have more talents than I know!) Now she has taken to, I know how this is going to sound, sticking her nose up my skirt and licking my feet/tights. Not only does this tickle immensely, but when she licks my tights they stay wet for a little bit and I have to spray myself and wash my tights more often than I normally would. It’s all very weird. So today I commence the training to stop this and get her to maybe just run around me and wag her tail.

To short for…
I am too short for one of our file cabinets. The drawer is a little stuck and doesn’t come out all the way so I can’t reach any filed in the back. While this seems amusing. It happens to be the letter A cabinet, and strangely enough we have a lot of “A” clients. So yesterday, I took my frustration out on said cabinet and it came all the way out (DING), I filed and as I was shoving it back in (DING, DING), my boss was like, “be careful the whole thing can topple over like that. I had opt rescue my wife from the cabinet when it fell after she opened two drawers at once.” Thanks, as if I am not afraid of enough weird stuff [drive by shootings, and having my car blown up from driving over a lit cigarette someone has thrown out their window in front of me only scratch the surface] in life I need to be afraid of being buried by a file cabinet? I think I will leave the filing for someone else.

More Prophecy come true?
During my interview we (BF and I) prepped for almost every sort of question. One was, “What is your greatest weakness” as a joke, my answer was going to be, “Don’t ask me to fix the copy machine” As it turns out, this was not far from the truth. During one internship, I managed to break all 4 copy machines on the floor. Well, yesterday I broke all two copy machines, and I was the only one in the office. Thankfully I was not left alone for too long and the Boss man came and fixed it all.

Spiked Punch!
Last week we SLAUGHTERED the other side. This week, were like the lambs to the slaughter. And the worst part, was the team we played was not better than us. I want to say we had an off night, but the truth is, last week was probably an anomaly. Hopefully we get the grove back next week.

Question of the day:
Mr Clean, Gay or Straight?
VOTE NOW :-)