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Messages - Todd

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31
I bought the "law in a flash" series for wills and trusts which I'm taking this fall. DO NOT BUY THEM!!! Ok enough shouting. They are grossly inaccurate. They often cite the RT2d (restatement 2nd of trusts). When the 3rd has been published since - get this - 1992!!!

Worse, I'm going through these cards and about half-way through I get a question from one of the lawyers I'm clerking for. It seems our client is the beneficiary of a trust and we need to shelter the funds to qualify for certain public services. The trustee is being uncooperative and we'd like to force his hand. I look at the records we have and realize that his investment strategies are rather poor and I recall that what I have learned indicates the trustee must at least invest in a savings account (card 505). I look up that card RT2d 207 and low and behold the RT3d withdrew that entire section!!! It's no longer good law. I look up the statute in IL. and sure enough it follows the RT3d.

It turns out all right because t-bills are the actual standard (now don't quote me on that, I'm not a lawyer).

The point is that any supplement that fails to update from 1992 needs to be tossed.

...

32
Current Law Students / Re: Do you hate law?
« on: July 20, 2005, 09:06:11 AM »
I posted the following in the wrong thread initially...

Not to throw a curve ball or anything, but at my first summer position I did research to force an 80+ year old women to undergo ECT (electroconvulsive therapy), and research to take money from Mother Theresa. Now I'm conducting the investigation to have a lady declared legally incompetent.

So I agree that lawyers often advocate for positions they don't agree with.

My first summer position I did research to force a 80+ year old women to undergo ECT (electroconvulsive therapy), and research to take money from Mother Theresa, both successfully. Now I'm conducting the investigation to have a lady declared legally incompetent.

The 80 year old women was so depressed that she stopped eating and the ECT snapped her out of it. That or just getting a decent meal at a hospital rather than the crap she ate at a public nursing home. I'd guess the latter. Quote "I don't remember the last time I had grapes! and melon!, and cottage cheese!"

Mother Theresa was named as a remainder beneficiary in a trust where our client was the primary beneficiary. Our client is 50 and living in a community home and the cost was extensive. We wanted to shelter her funds (including the trust) so that the home would give her a break and so she could begin receiving government benefits. But that would mean cutting out Mother Theresa. It really didn’t matter because the trust was so small that our client would have to die suddenly for there to be any money left for Mother Theresa anyway. So I proceeded to point out that Mother Theresa is dead and our client is very much alive.

The alleged incompetent lady is crazy as a loon. I mean she has $200k stashed away and she lived without a functioning toilet or toilet paper, among other things. I believe she has been exploited as well. You better believe I’m not shaking her left hand.

Socially I don’t agree with what I’m doing, but for these clients bending the rules is beneficial. So my moral compass is changing, but I knew it would.

33
Current Law Students / Re: Asking questions in class.
« on: July 18, 2005, 12:54:42 PM »
Well after a year of law school I learned that taking lots of notes is a good thing. Just make sure you note who is saying what and add your own thoughts. It helps in making outlines because they jog your memory and give you insight into particular cases. I use ctrl-F to search my notes for what I need kind of like a database search, I never go through and read them all.

34
Current Law Students / Re: Tips on how to study while reading case law
« on: August 31, 2004, 06:20:58 PM »
About 2/3 of a page, of course, they are truncated cases from the case book.

35
Current Law Students / Re: Tips on how to study while reading case law
« on: August 30, 2004, 02:51:05 PM »
Well the briefs and notes (class discussion) about the briefs run about 45 pages (48 cases) and I'm up to 62 pages right now, then I started outlining the reading in civ pro and contracts for the remainder.

36
Current Law Students / Re: Does Socratic Method prepare for court?
« on: August 30, 2004, 02:32:46 PM »
After my first experience w/being called on I think it's a great idea.  Lawyers should be competent to quickly articulate the law and their understanding of the facts.  I did ok, got the facts right, but when I slowed (1sec pause) she called on someone with their hand up.  Which brings up another topic, in my class at least if someone even slightly faulters in asking a question 10 hands shoot up to answer the question.  I didn't feel bad but I can see where some would feel like they are being one-upped by their fellow students.

37
Current Law Students / Re: legal spell checker?
« on: August 30, 2004, 01:29:16 PM »
I learn how to spell it, but the definition doesn't come up on word at all.

38
Current Law Students / Re: legal spell checker?
« on: August 30, 2004, 11:20:23 AM »
Anyone find one of these yet?  It makes so much sense and like mjones I'm tired of adding all these terms to word's dictionary.

39
Current Law Students / Re: Tips on how to study while reading case law
« on: August 30, 2004, 09:59:01 AM »
So after the first wk I have 55 pages of notes/brief/assignments is this way too much? 

If not I better get cracking on cutting it down into 4 manageable briefs.

40
Current Law Students / Re: Briefing from the Casebook
« on: August 30, 2004, 08:53:55 AM »
Wish they'd give us access to westlaw or nexis at my university, they say "they want us to learn to use the library."  So no access till 2nd semester.

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