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Generation J.D.

Where’s the Lawyer Love?!

By: Jason Beaulieu

By now, I’m used to lawyer jokes. My favorite goes like this:

A guy walks into a bar in his hometown after being away for years. The bartender recognizes him and says, “Hey, Jimmy. What’s new? I hear you’re a lawyer now.”

“It’s true,” he replies, “but don’t tell my mother. She thinks I’m the piano player at a whorehouse in Vegas.”

Lawyer jokes aside, current events haven’t shined too brightly on the legal profession. In fact, two major areas of American society have essentially thumbed their nose at attorneys and the judicial system itself.

In the NFL, greedy owners have locked out woozy players. The labor strife has led to forced mediation and litigation on various fronts. The players face the prospect of losing paychecks and the owners face the prospect of fan backlash and a multi-year, antitrust action.

During the process, however, New England Patriots owner Robert Kraft, among others, has bemoaned lawyers being involved. The essence of his sentiments are, “Keep the lawyers in the hall and let the businessmen work this out.”

In fact, just recently, letting lawyers back at the negotiation table almost resulted in blowing up the meetings, so much so that players’ union head DeMaurice Smith had to tell his counsel to “stand down.”

Imagine that PR nightmare for our profession: “Sorry, fans, there won’t be an NFL season this year, or fantasy football, because the attorneys are gumming up the gears of resolution.”

Awesome. Thanks guys.

In a more important arena, SEAL Team Six iced Osama Bin Laden on May 1. And let’s not fool ourselves – there was no intention to capture him and allow a trial in the Hauge, Guantanamo Bay, or a federal court in New York City. No 5th or 8th Amendment rights issues, Miranda warnings, or ACLU clamoring about mercy and due process.

Nope. This was Hammurabi’s Law. Eye for eye. War.

The unspoken sentiment is that the judicial process of trying Bin Laden would have been a joke – a costly, drawn-out spectacle, followed by an expensive and laborious appeals process, during which he’d spread his vitriol until the 8th Amendment allowed him to be put to sleep by a needle or two.

Frankly, to paraphrase what a friend of mine said, it seems just that the last thing Bin Laden saw was an American SEAL and the business end of an assault rifle.

Stateside, the federal criminal justice process was dissed, too, when Eric Holder decided that 9/11 conspirator Khalid Sheikh Mohammed should be tried by a military tribunal as opposed to 12 New York jurors. While I agree with the decision, it’s a little embarrassing when you’re afraid your criminal justice system can’t adequately handle a criminal of that magnitude.

It also would have meant hours upon hours of ramblings by Nancy Grace and Dan Abrams – the cable programming equivalent of being waterboarded.

You know another thing that adds to the negative attitude towards attorneys? Clowns who write e-mails like this.

How do we combat all this negativity? Where’s the positive PR?

Umm, Anthony Weiner’s not a lawyer! Neither is Sarah Palin! I mean, we gotta start somewhere, right?

***

Jason P. Beaulieu

Quick personal aside: This is my last post for Generation JD. I’d like to thank the Daily Record, its readers and staff for their support over the past 14 months or so. It’s been fun and, at times, therapeutic. Having turned 40 this year, however, it’s time for a fresh voice in this space. Have a fun summer and, as always, thanks for reading.

Category: Miscellaneous

The waiting is the hardest part

By: Jason Beaulieu

You get the case.  Extremely defensible on both liability and damages. You take notes, call witnesses, plot strategy.

You draft the responsive pleading and written discovery requests. You summarize your initial thoughts for the client. You do some research on the plaintiff. Bingo. A prior conviction within 15 years that is likely to be permitted at trial.

You review medical records and other important documents. Lots of them. Bingo again. Prior problems with the affected area and no credible exacerbation from the incident.  You hire an expert.

Your paralegal’s medical chronology helps with the big picture, too. Organization is key.  Depositions are noted; outlines are prepared.

You speak again with your client. He’s pissed he’s being sued in the first place. You agree that the claim is weak but inform him that it doesn’t take much to file a lawsuit. He wants to countersue. You explain why he can’t. He’s even more pissed. You tell him you understand.

You take depositions. Bingo again. Sworn deposition testimony you know to be false. More impeachment ammo. The jury will hate him.

You defend depositions. Whoops. Some inconsistent testimony. Damage control is developed.  Another update to the client. Mediation is scheduled; case value is discussed.

Read the rest of this entry »

Category: Trial

Remembering E.A. Poe on his 202nd birthday

By: Jason Beaulieu

Edgar Allan Poe was like a 19th century Ricky Gervais: he basked in genius, needled the pompous, and didn’t care what you thought of him.

Ironically, Poe’s life was so wrought with tragedy and misfortune it’s amazing he survived the 40 years he did, much less that he evolved into one of America’s most respected writers/poets.

Most know the basics: Poe was born in Boston on January 19, 1809. His parents were actors, but his father bailed on the family not too long after Edgar was born. His mother died shortly thereafter, leaving him an orphan.

From there, John and Frances Allan raised him, primarily in Richmond, Virginia and London, England. John Allan was a relatively wealthy merchant and put Edgar in good schools.

Eventually, Poe was disowned by Allan, left the University of Virginia after an accumulation of gambling debts, and joined the Army.

Along the way, though, Poe kept writing and, as author James Lee Burke has said, “remained true to the gift.”

Read the rest of this entry »

Category: Baltimore, Law School, Miscellaneous

A lawyer in lights

By: Jason Beaulieu

Being a lawyer means working long hours. To make up for it, I try to do fun things for my kids on the weekends and holidays.

During Christmas that means trips to see pretty lights and setting up a train under the tree. Frankly, I’m a dork, so the train is as much for me as them, but it’s a tradition nonetheless.

This year my wife, in a clear attempt to cash in some life insurance, asked me to string up Christmas lights on the house. Not on the bushes near the ground; on the roof, near heaven.

There are a couple things you should know at this point: (1) I’m not the handiest guy in the world; (2) it was cold and windy the day she picked; and (3) in the past few years my firm has handled at least three cases involving men falling to their premature deaths off a roof or through it.

Awesome. Let me get the ladder.

Read the rest of this entry »

Category: Advice, Entertainment, Family, Jobs

Arundel slots and Asti’s revenge

By: Jason Beaulieu

Anne Arundell was born into the English aristocracy, married well, and died at age 34. She had nine kids during her 21-year marriage, having gotten hitched at age 13. Her son, Charles Calvert, became Lord Baltimore and inherited the Maryland colony upon the death of his father, Cecil.

Although Anne never stepped foot in the county that now bears her name, she may be proud that recently it was the battleground for a fascinating local election. Two issues were particularly interesting to me: Question A/slots and the ouster of a sitting judge.

Regarding slots, most Marylanders became familiar with the “Question A” controversy due to ubiquitous commercials and campaigning. On one side was billionaire developer David Cordish; on the other was the Jockey Club and the “No Slots at the [Arundel Mills] Mall” crew.

Initially, when the state put the slots licenses up for bid, Cordish put his money where his mouth is and won the Arundel license fair and square. Afterwards, like clockwork, he had to fight off NIMBY yelps, expensive litigation, and dishonest commercials.

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Category: Entertainment, Jobs, Judges

Three good websites for trial attorneys

By: Jason Beaulieu

I often wonder if law schools still teach research by using books. When I was a 1L, we had to Shepardize cases like that. It was as tedious and boring as it sounds.

Nowadays, computers and the Internet do in seconds what used to take hours or sometimes days. That’s not necessarily good when you’re billing time in tenths of an hour, but generally speaking it makes life easier.

As a trial attorney, I find myself constantly referring to a few helpful websites (in addition to Google and Westlaw). If you haven’t already done so, put them in your rotation.

Read the rest of this entry »

Category: Advice, Technology

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