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Messages - mason123

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1
General Board / Re: Wife of a 1L... I need some perspective
« on: October 23, 2009, 11:18:08 AM »
u00p2j, you've surely got a marital problem on your hands.

Your husband evidently has free time to spend on this other woman and CHOOSES to abscond from his home centered obligations. You are likely being more trustworthy than is necessary. However, on the other hand, you coming here is a sign that you have some trust problems with your husband. If you do have trust issues, you are clearly NOT in the wrong.

Although the first year is mentally taxing, it is not overwhelming to the extent that you speak of. It may simply be the case that your husband has grown a little tired of his family role and has found a way back to his youth. Law school has sexual tension every where, but that is not a dispositive sign that he is cheating. Your description of the situation suggests that your husband has been absurdly unreasonable and is not correctly balancing his priorities.

Of course, we have not heard the whole story, and we are therefore basing our opinions on a monologue when we truly require a multifaceted dialogue. I wish you good luck.

2
General Board / Practice Guide for NY
« on: October 23, 2009, 11:02:42 AM »
Hello there folks:

Anybody know of a nice free resource for practicing law in New York?

I am trying to find a guide that includes stylistic rules like that of the blue back for motions and such.

For instance, I found the following http://www.nycourts.gov/rules/trialcourts/208.shtml, however, I am uncertain as to whether there are any other NY civil practice rules of which I should be aware.

Thanks!

3
I believe that common law fills the void when statutory guidance is absent. For instance, in maritime law I remember reading a case that required the court system to determine whether a wrongful death claim was available in admiralty. Now state statutes were clear on the subject, but what is a court to do when the question has no real answer or case-law merely suggests a means for possible resolution? In order to do justice, sometimes courts must either create or follow common-law. In this case, common-law was created in order to provide guidance for an otherwise unanswered question.

As many civil procedure and constitutional law cases have demonstrated, common-law is merely a weak substitute for concrete statutes. If the common-law is no good, much like statutes but probably to a higher degree, a higher court will render it void to further justice. Common-law is created to further justice, and it is probably as quickly ignored or overruled to further justice.

Let me know if you think I am in error.

4
General Board / Re: Sole Practitioner
« on: August 14, 2009, 03:50:31 PM »
Any others with opinions or advice, feel free to add on!

5
General Board / Re: Sole Practitioner
« on: August 14, 2009, 02:38:42 PM »
Sounds excellent. I will definitely try that out.

6
General Board / Re: Sole Practitioner
« on: August 14, 2009, 02:14:00 PM »
Matthies, are you in the criminal law sector?

And, I just joined the bar association, but the American INN website is a bit quirky with the individual chapter pages (can't seem to figure out how to join). I do appreciate that info and will surely explore that further.

7
General Board / Re: Sole Practitioner
« on: August 14, 2009, 12:41:25 PM »
EdinTally, sorry, I was absolutely being brief. To further clarify, I find that criminal law is PERSONALLY interesting to me. I am sure that there are other interesting areas of law, but I have not yet had the opportunity to explore many other fields.

Matthies, I really like those stories you've shared. My big fear is that those may be merely isolated occurrences. As of yet, I have worked out of a prosecutor's office and have not established any real connections to the criminal defense world. Also, the advice sounds very logical. I have heard a couple of success stories where the success stems from having a mentor.
Is it good that I am thinking about this so early, or am I not doing things in order?

***
Any other words of advice, words of motivation or helpful materials is APPRECIATED.

8
General Board / Sole Practitioner
« on: August 14, 2009, 03:07:48 AM »
Hello there folks:

A. Do any of you graduates have any experience with going out into the legal world alone, working for yourself, your own practice? If so, was it a good choice? Is there a lot of success to be had, and by success, I mean financially... or is it a steep slide to failure from which it is difficult to recover?

B. Are there any articles, support materials or blogs that are favorable towards the idea of building a practice from the ground up?

*** I just entered my 2nd full-time year at school. I believe it is important to start creating a long-term strategy. I was thinking of going into either criminal defense or personal injury. Criminal defense because the work seems to interest me or personal injury because the financial rewards are potentially great. Please let me know if I am incorrect --- looking for your guidance. Thanks!

9
General Board / Re: Anyone Else Really Dislike Contracts?
« on: January 26, 2009, 11:30:37 PM »
Initially I found contracts to be quite annoying, because I was under the impression that no matter what happens promissory estoppel will get you out of a bind.

There are really no hard and fast rules, with the exception of the codified UCC. A lot of contract law depends on the jurisdiction or body of law that applies in your particular case, essentially on the question of promissory estoppel. Seems like the tentacles of promissory estoppel worm their way into every aspect of contract law.

The only reason I liked civil procedure better was because it seemed as though interpretations of the FRCP can only deviate so far from the FRCP, apart from the more abstract concepts like minimum controversy requirements in diversity suits with multiple parties.

10
General Board / Re: Anyone Else Really Dislike Contracts?
« on: January 26, 2009, 11:26:23 PM »
Initially I found contracts to be quite annoying, because I was under the impression that no matter what happens promissory estoppel will get you out of a bind.

There are really no hard and fast rules, with the exception of the codified UCC. A lot of contract law depends on the jurisdiction or body of law that applies in your particular case, essentially on the question of promissory estoppel. Seems like the tentacles of promissory estoppel worm their way into every aspect of contract law.

The only reason I liked civil procedure better was because it seemed as though interpretations of the FRCP can only deviate so far from the FRCP, apart from the more abstract concepts like minimum controversy requirements in diversity suits with multiple parties.

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