Argued my first legal matter today

[eboos]

Even though I am still a Junior seeking a history degree, I represented my first "client" in a legal hearing today. All in all, I think the outcome will be favorable. My legal preperation was good, and the points of law that I was prepared to argue all came up and I had the proper response for. My procedural preperation wasn't as good and I didn't prep my client (my wife) as well as I should have since I expected to take more of a front seat role, giving an opening and closing statement. Even with the eratic testimony that she gave, I still believe that the legal argument was solid and the judgement will be in our favor. If it doesn't, then it is still good experience, and of little loss to us.

[OreoGaborio]

That's great news!!! How long is she going away for?

[eboos]

How long is she going away for?

Only for about another half hour. She's got the kids out trick or treating right now

[OreoGaborio]

Damn... Light sentence. Sorry to hear that

[eboos]

Damn... Light sentence. Sorry to hear that

Funny thing about that... the reason that she is taking the kids by herself right now is that: just before the hearing, when we got out of the car, I started sneezing and my nose was running like mad. I had to run into Mechanics Hall just to get myself under control. I was ok throughout the hearing, but when we took the kids out, about 10 minutes or so into it, it all started up again. My nose and upper lip are so raw right now.

[Chippertheripper]

Well look who's still alive...
Are you hooked on lawyering now?

[eboos]

Well look who's still alive...
Are you hooked on lawyering now?

Yeah, I'd say so.

[ninjachica250]

Congrats Eric!!! I love participating in mock trials. They really give you the experience that you can not get from reading a text book or hearing a lecture from your professor.

[DucDave]

i like mock trials too. but, unfortunatly, i don't fair well when I mock the procedures...!

[eboos]

This wasn't a mock anything. It was an unemployment hearing for my wife.

[dipthat]

This wasn't a mock anything. It was an unemployment hearing for my wife.

LOL. You're a funny guy

[Gecko]

Even though I am still a Junior seeking a history degree, I represented my first "client" in a legal hearing today. All in all, I think the outcome will be favorable. My legal preperation was good, and the points of law that I was prepared to argue all came up and I had the proper response for.

This wasn't a mock anything. It was an unemployment hearing for my wife.

In Massachusetts, I understand "the practice of law", in general, consists of: "[D]irecting and managing the enforcement of legal claims and the establishment of the legal rights of others, where it is necessary to form and to act upon opinions as to what those rights are and as to the legal methods which must be adopted to enforce them . . . ." Matter of Shoe Manufacturers Protective Association, 295 Mass. 369, 372 (1936). That sounds like you were practicing of law. While I don't believe Connecticut does, do you know whether Massachusetts has a spousal exception to the unauthorized or illegal practice of law?

My procedural preperation wasn't as good and I didn't prep my client (my wife) as well as I should have since I expected to take more of a front seat role, giving an opening and closing statement.

With these types of candid admissions, can I safely assume that if your wife's case is unsuccessful she will look to bringing a suit for legal malpractice against you?

[eboos]

In Massachusetts, I understand "the practice of law", in general, consists of: "[D]irecting and managing the enforcement of legal claims and the establishment of the legal rights of others, where it is necessary to form and to act upon opinions as to what those rights are and as to the legal methods which must be adopted to enforce them . . . ." Matter of Shoe Manufacturers Protective Association, 295 Mass. 369, 372 (1936). That sounds like you were practicing of law. While I don't believe Connecticut does, do you know whether Massachusetts has a spousal exception to the unauthorized or illegal practice of law?

Assuming this is not tongue in cheek, before the hearing began, I disclosed the fact that I am not an attorney. The review examiner made no objection to my presence at the hearing.

[eboos]

"[D]irecting and managing the enforcement of legal claims and the establishment of the legal rights of others, where it is necessary to form and to act upon opinions as to what those rights are and as to the legal methods which must be adopted to enforce them, the practice of giving or furnishing legal advice as to such rights and methods and the practice, as an occupation, of drafting documents by which such rights are created, modified, surrendered or secured ..."

Since there was no compensation, and I did not attempt to pass myself off as an attorney, I should be good to go.

[Gecko]

Assuming this is not tongue in cheek, before the hearing began, I disclosed the fact that I am not an attorney. The review examiner made no objection to my presence at the hearing.

It was said in tongue and cheek, but with a little warning. The fact that you disclosed you were not an attorney makes no difference.

[Gecko]

Since there was no compensation, and I did not attempt to pass myself off as an attorney, I should be good to go.

I read the court's understanding of the "the practice of law" as consisting of, or encompassing, three types/situations:

"[(1)] directing and managing the enforcement of legal claims and the establishment of the legal rights of others, where it is necessary to form and to act upon opinions as to what those rights are and as to the legal methods which must be adopted to enforce them, [(2)] the practice of giving or furnishing legal advice as to such rights and methods and [(3)] the practice, as an occupation, of drafting documents by which such rights are created, modified, surrendered or secured ..."

Except for drafting documents, compensation has little to do with it. At least in CT, it's improper for a non-lawyer to represent anyone else but him/herself in an administrative, civil or criminal case even though he/she does so pro bono. The fact that the review examiner made no objection is also of little consequence; he/she is not charged with policing the unauthorized or illegal practice of law in Massachusetts.

[breakdirt916]

are you a lawyer Gecko?

[ThisBitch]

are you a lawyer Gecko?

No, but he did save 15% on his legal fees by switching to eboos.

[eboos]

No, but he did save 15% on his legal fees by switching to eboos.

[Kitt]

are you a lawyer Gecko?

a successful one from what I know.

[Gecko]

are you a lawyer Gecko?

Well, I did stay at a Holiday Inn Express last night where they allege Learned Hand also stayed....

[breakdirt916]

bravo! all around!!!

[eboos]

We won!

The points of law that I argued were all correct.