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October 19, 2008
Blawg Review #182
Just when I though it was safe to pack up the practice tests, I found out that passing the Illinois bar exam was only the first step. There is no reciprocity in the jurisdiction of Blawg Review!
You will be given three hours to complete this Blawg Review. Your score will be based on the number of questions you answer correctly. It is therefore to your advantage to try to answer as many questions as you can. Use your time effectively. Do not hurry, but work steadily and as quickly as you can without sacrificing your accuracy.
Blawg Review has information about next week's host, and instructions on how to get your blawg posts reviewed in upcoming issues.
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October 16, 2008
Joe, the plumber?
Like many of you, I suspect, I thought both McCain and Obama's constant invocation of "Joe the Plumber" to be rather gimmicky. However, there are some important issues that have come up since, related to Joe, which kind of make Joe the Plumber look a little questionable:
1. He's not a plumber. Turns out, he's not even a licensed plumber in the State of Ohio, or the county, or city where he works. I think Joe just made a lot of enemies from actual, licensed plumbers in Ohio. And probably some customers.
2. Joe's taxes would only have gone up $900. I would also add that frankly, if Joe is making $250-280k per year, I would consider that to be doing quite well and I think he could afford another $1k in taxes. That is, if he were actually a plumber. John McCain can take his smarmy "You're rich, Joe" comment and shove it. In these uncertain economic times, I know a whole lot of people who'd be very pleased to be making $250-280k.You know who is rich? John McCain. So stop with the feigned indignation, Senator McCain.
It seems to me to be quite clear that what Joe really needs isn't McCain's tax plan. He needs an accountant. I would be willing to bet that if he's figuring his own taxes, given his failures to obtain a plumbing license, he's probably overlooked some valid deductions, and that a good accountant could probably erase that $900 increase... maybe even lower his taxes. That is, if he were actually a plumber.
Disclosure: I have a plumber in my extended family. A licensed union plumber.
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October 7, 2008
Who won the debate, my friends? That one.
Dear Sen. McCain:
With all due respect, I'm not your friend. I'm a voter. Every time you say, "My friends" I think you're trying to sell me something I don't want to buy. It gets a little sleazier each time you say it.
I don't want you to be my friend and I don't want to be yours. I don't want you to attack the opposition and dance around questions: I want to hear about your policies, and I think most American's do, too. It would appear you're all out of ideas and since the Straight Talk Express went over the cliff some time ago, all you've got left is a bottle of vitrol you're trying to sell us as a campaign.
Please, give it a rest, my friend.
-Dave!
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Bailout? Shmailout.
Wait a minute. So you mean to tell me that, even though jackasses in the media insisted that the bailout was necessary to save us all from doom and that our puny middle class brains couldn't understand the gravity of the situation. Or that even though jackasses in the administration insisted that without the splurge our economy was in the crapper. And even though the fools in Congress bought into it all, and against the will of their constituents, passed a fundamentally flawed piece of garbage "bailout" bill, that we weren't greeted as liberators!? the market is still tanking?!?!
God, what is the world coming to, when I'm starting to think Lou Dobbs makes a lot of sense.
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October 5, 2008
Book Review: Your Witness
Your Witness: Lessons on Cross-Examination and Life from Great Chicago Trial Lawyers
Edited by Steven F. Molo and James R. Figliulo
368 pages; Law Bulletin Publishing Company
Disclaimer: The publisher provided a free review copy of this title for review. My policy for this blog is not to accept any form of compensation for reviews, but I will accept review copies--which per my policy, I will then share, free of charge with a law student interested in reading the title. If you're a law student, interested in reading this book, contact me via e-mail: first reply receives the book via snail-mail.
The first thing to note about Your Witness is that it made me want to be in a courtroom. As nervous as I was in Trial Advocacy, I did enjoy it on many levels. Trial is a combination of performance, battle, and intellectual pursuits that make being in a courtroom something very unique--and highly addictive.
I also have a confession... I read this book while studying for the bar exam. This is important for two reasons: first, I passed, which means I managed to retain some sanity with the study breaks this book provided; second, it's an easy read, not too distracting. Each of the fifty chapters is contributed by a 'who's who' of Chicago trial lawyers. The common thread is that they are offering advice about cross-examination techniques and lessons from their years of experience.
The quality of each chapter, accordingly, varies quite a bit. Unfortunately, sometimes great skill in the courtroom really don't translate into great skill at the word processor. Since I'll soon be practicing in Chicago, I won't burn any bridges here, but I'd say out of 50 chapters, there are probably 10 which are really outstanding, another 30 well worth the time, and 10 which could have been cut without missing anything from the book. There are probably five authors who could easily write enjoyable books of their own, and maybe, if I run into them around town I'll suggest it. And there are a few others that I might not want to be up against in court, but that I think should put down the word processor and walk away slowly. I'll leave it up to you to figure out who the editors probably just included to save face in the Chicago legal world, but there are a few of them.
The styles of the chapter, as well as the topics covered, vary as much as the personality of the individual attorneys themselves. Some offer straight up lessons, with examples thrown in to punctuate a point. Others write largely anecdotal war stories, but still offer some insight into cross-examination as the 'moral of the story'. Those are my personal favorites. Some of these attorneys have some incredible 'tales from the trenches' that carry along with them valuable lessons on a variety of subjects relevant to cross-examination, including depositions, experts, witness preparation, advocate witnesses, hostile witnesses, liars, etc.
Even though some of the chapters are less valuable than others, the format of the book lends itself to skipping a chapter here and there if you find a particular author not to your liking. Additionally, since each chapter stands on it's own, it is an easy read. You can pick up a chapter waiting on the train, standing in line somewhere, avoiding another Barbri test set.
If you've every taken Trial Ad and enjoyed it, I think you'll enjoy this book. If you plan on being in a courtroom (representing someone, that is) in your career, you'll enjoy this book and hopefully get something out of it as well. And even if you don't practice in court, but just want some insight into what makes those members of the trial bar tick, I think this book is worth a read.
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October 2, 2008
Fools Rush In...
So, the Senate approved the "Splurge" last night... 74 to 25. Now it's the House's turn... what will they do? I suspect they'll turn tail and pass it. Sad.
Look, I am a middle class guy, living in a middle class suburb, working a middle class job. I understand the nature of the "crisis". I understand the importance of credit markets. I understand something must be done. But I also understand this is an ill-conceived, rushed solution and that there are other alternatives that should be considered and offer a better solution to the American people.
I can hardly believe it, but Sen. Shelby said it best:
"Many around here are finding comfort in the notion that 'something is better than nothing.' I believe that is a false choice. The choice we faced was between pursuing an informed response or panic. ... Unfortunately, we chose panic."
All of our elected officials seem to be running around like Chicken Little, crying about the falling sky. We don't need "bailout" plans with little to know accountability which need $150 Billion of additional pork in order to "entice" Representatives to vote for it. We need our elected representatives to sit down, gather expert opinions and formulate a rational response. I know, I'm a dreamer. Instead, we get a bad piece of legislation, so bad that one house of our Congress essentially has to bribe the other into supporting it.
Disgusting.
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October 1, 2008
Hallelujah!!!
Dear Mr. Gulbransen,
We are pleased to advise you that you have passed the July 2008 Illinois bar examination.
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