September 30, 2004

The Open Road Beckons. . .

Hi, all,

Just a quick wave to let you know that I am still alive. Just facing some deadlines here at work. Left the house to catch that horrid 5:56 train again and I left in full night. The moon was out, sort of hidden by the clouds but illuminating them completely. It was beautiful but I just can't keep doing this. I am over committed at work (where I can't keep up with the new business), at home (where I'd rather be taking care of my children), or with all of the non profit stuff (where I have to learn to start saying, no, when asked to do more stuff).

I am definitely having one of those days in which I wonder, fleetingly, how far I can get with my car before American Express wises up to the fact that I've done a runner and cancels my charge card. Mexico? Through Central America? Maybe Argentina? If I stay away from places where the hotels, such as they are, can check with American Express, maybe further? If my next dispatch is bylined, "From the Road", you'll know what happened.

All suggestions as to destinations are welcome.

Posted by: Random Penseur at 07:24 AM | Comments (3) | Add Comment
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September 21, 2004

Not feeling the love, today

I appeared for a conference and for argument to oppose a motion this morning in the Federal District Court for the Southern District of New York. I prepared most of the day yesterday for it and took the 5:56 train this morning so that I would arrive at the office with plenty of time to get my documents organized and be calm and happy. It was pretty damn dark when I left the house this morning with not even a hint of the sunrise. Winter's coming, no doubt about it.

This was a motion I expected to lose, by the way. It was to vacate a default judgment where the defendant had not filed an answer to a complaint and been out of touch for something like 9 months. Nonetheless, this is the kind of situation that a court will bend over to alleviate because the courts have a bias in favor of deciding a case on the merits, rather than on default.

And I did lose. But not before getting a rather nice compliment from the Judge who told me that my arguments were "forceful and skillful" and that I had been a "real gentleman". He also, even though I had lost, awarded my client $1,000 in costs in opposing the motion. Do you know how rare that is? To be awarded costs when you lose the motion? That's the first time for me. So the day wasn't a total loss. I walked out of the courtroom with the knowledge that I have a lot of credibility with the Judge and that is a fabulous thing for my clients. Credibility with the court is everything. If you have it, a judge will believe your representations and give you the benefit of the doubt. If you don't have it, you are in for a whole world of trouble.

So now, I'm pretty beat. Feeling a little drained. I have a meeting in 30 minutes and then a meeting after work. I'm just waiting for the Advil to kick in and I ought to be good to go.

I saw that Mr. Green has hung it up, or at least is taking a break. Blogger fatigue? I don't know. I think that some of this is cyclical for people. I feel a little burned out today but I feel that way about everything.

Last thing and this amused me. I was on the subway going down to Court and this young man looked at me up and down and asked me, "Lawyer?" I admitted that I was and we then had a very pleasant conversation.

Posted by: Random Penseur at 03:27 PM | Comments (7) | Add Comment
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September 07, 2004

My Inappropriate Phone Response of the Day

The phone just rang through and I picked it up. The voice on the other end asked, is "Mr. Smith free?" And I just could not help myself. I actually replied:

Mr. Smith is not free, but he is cheap.

Fortunately, the fellow on the other end of the line laughed. I wonder sometimes how I manage to keep this job.

Posted by: Random Penseur at 10:06 AM | Comments (7) | Add Comment
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