“The Advantage of Being Prepared” by Jennifer Bicknell

           

I recently read in a case that “[i]t is very easy to second guess the necessity for and the amount of preparation for the trial of any matter. However, it goes without saying that better prepared lawsuits usually look simple simply because they are well prepared.” Caldwell v. Caldwell, 1988 WL 69506 (Tenn. Ct. App. 1988), 5.  In the last two weeks, the Rice Team has prepared for two major trials to start and I have been amazed at the level of preparation it took to get ready. 

The first way the attorneys prepared was mentally.  Not only did the attorneys need to have their own arguments prepared but also had to think through every possible argument opposing counsel might throw at them.  This required a lot of thought and strategy.  It also required the attorneys to be ready to, at a moment’s notice, mentally comb through all the vast amounts of information they have in the case and pick out the one possibly obscure order, deposition comment, or email that would prove their argument or rebut an argument.

Besides being able to recall that the information even existed, the attorneys needed to be sure they could find it just as quickly.  This is where I came in.  This required a lot of copying, making charts, file folder labeling, sorting, tabbing and many other assorted activities that helped in the organization of the case. 

I did not personally attend either of these particular trials, however, I have attended trial before with Larry Rice and I witnessed how this level of preparation worked and worked extremely well.  Almost no time was wasted in looking for documents.  Because there were copies of those documents for each person who needed them, no time was wasted in passing documents back and forth or waiting for opposing counsel to find the copy they might have had with them.  If opposing counsel referenced anything, or Larry needed anything, he had it in his hand almost immediately. 

One last aspect of being well-prepared, although not necessarily a tangible benefit but a benefit none-the-less, is more of an emotional one.  Although the process leading up to trial and preparing for trial is stressful and anxiety –ridden, knowing when you hit the courtroom you have done everything in your power to be prepared means once you get there, you can focus solely on what is happening in front of you.  Having it in their minds that they are ready and not that they will not be ready for something helps the attorneys focus on what they need to know, do and argue.  This focus only helps the attorneys be even better advocates for their clients. 

The level of calm that comes with being well-prepared may make it look simple to everyone in the courtroom, but the process to prepare was in no way simple at all.

No Help Within the Legal Field, Anymore

No Help Within the Legal Field, Anymore

Recently, in one of my law classes, we had a guest speaker who mentioned something that stuck with me, he said that there is no helping one another in the legal field anymore, no comradery amongst the practitioners or the assistants in the field. He said that when he started practicing law in the 1970’s that if you made a mistake, the clerks or the judges would simply point it out and do what they could to help you out, and that the opposing counsel would not sling mud and beat you down, but would help to make you a better attorney.

For some reason this just struck me, coming from a small town I am used people lending unsolicited, and sometimes, albeit, much needed, advice. I know that one of the judges from my hometown is very understanding to the attorneys that are trying cases they have never dabbled in before, and always helps instruct them on the law instead of just rejecting their motion because it is not legally correct.

I say, perhaps this is a good thing, because it forces attorneys to either stay within a concentration they feel comfortable with, or it forces them to do their own independent research before going to trial or taking a case. In fact, I think this is an angle that my guest speaker did not address and, frankly missed in his analysis. If attorneys keep using the crutch of intelligent colleagues, then they will never be “zealous advocates.”

This is one reason that I am thoroughly enjoying working for Larry Rice and learning about family law. Being here is teaching me how not to be the guy relying on other attorney, but the knowledge I need to succeed in any practice, and unquestionably family law. Therefore, I say good for the clerks and judges and shame on the attorneys that rely on them for help, they are there to be impartial to the parties, not help one side of the matter.

Why Hate the Lawyer by Bo Murphy

We have all heard the lawyer jokes, jabs, and punch lines, and while some might be deserved, the most are not. The vast majority of attorneys in our legal system work diligently to make our world a better place, either by putting violent criminals behind bars, or by civil equality in all aspects of life. While all attorneys play special roles in our society, none play a more imperative role than the attorneys courageous enough to tackle family law.

Family law traditions span way before our society; in fact, most of the terms we use in family law today are Latin terms that were used by individuals that incorporated this vernacular in their every day vocabulary. Family law in America today comes primarily from the English law before the Revolutionary War, and since this type of law’s domination in American courts, attorneys passionate enough and that genuinely want to help their neighbors in the community have stepped up to do so.

Today in the United States, family law attorneys are wrongfully profiled as being sub-par or inept attorneys, when this notion could not be father from the truth. Perhaps this misinformation comes from former clients of family law attorneys that have had problems listening to the instructions of counsel to their own detriment, or maybe a client who went into the ordeal with unrealistic expectations or with unclean hands. We will truly never know why family law attorneys are sketched this way in society. However, one thing that is for certain is that family law attorneys should be given the respect, admiration, and approbation they deserve from the community. They deserve this because most family law attorneys are zealous advocates who truly believe that a better world begins with the most intimate and basic part of our lives, our families.

I hope this short blog has made you think and realize that scapegoats are rarely to blame in this field of law. Many of you will ask, “But how would you know, you have not been around long enough!”  Many will say that I am just a law clerk that has been working in family law a total of three weeks, I know nothing. While this remark has merit, true passion and deserving respect takes no time to perceive and recognized.

What Is A Family?

I just started a new semester at the law school (technically, over half-done!).  I was lucky enough to squeeze into Professor Black’s Family Law survey.  On the first day of the class, Professor Black asked one of my colleagues to define family.  My colleague responded by saying that a good start to the definition of the family is all of the biological kinfolk, such as, ancestors and issue.  For the information of the reader, an ancestor is any of the generations that came before and led to the current generation; for example: parents, grandparents, great-grandparents, and so on.  An issue is any following generations that the current generation caused to be in existence.  For example, kids, adopted kids, grandkids, great-grandkids and so forth and so on.  In my opinion, his response is interesting because biology is a strong hard line to draw in a definition of family, however, the definition of family has changed drastically over history and I think that biology is too narrow a definition.

               For the rest of the class we tried to define family in a way that included all of the different aspects and types of families.  Put simply, family cannot be defined as one thing.  Certainly, biology plays a role in deciding who is considered to be family but even a simple biology definition is larger than ancestors and issue, for instance, consider adoption.  Similarly, religion has created a certain definition of family, but not every religion defines family in the same way.  Moreover, the states have the right and the ability to define what a family is and not the federal government.  Just like religion, the states each have a slightly different take on what it means to be a family and even who can be considered a family.  Therefore, there are as many as fifty different definitions of family within our country alone.  Finally, sometimes family is simply defined by a contract, an agreement between two or more people defining the relationship.  In any event, it seems clear to me that family, while seemingly basic, is a surprisingly tricky thing to define.  I wonder what you would think defines a family?

"Oh the places you'll go (as a clerk)"

        When Larry Rice hired me back in March of last year, I asked him, “What will I have an opportunity to learn from you while I clerk, and how will that help me transition from student to an attorney?” He quickly assured me that clerking at his office will prepare me to transition as seamlessly as possible, and that his clerks are provided with endless opportunities to learn and observe meetings, mediations, hearings, trials, and even appeals. During my first few months, I often thought ahead about how what I was doing at that exact moment would help me become a more efficient and competent attorney. Little did I know, though, that the day to day habits I honed while working with Larry Rice of being prepared, thoroughly researching arguments, and putting my all into each project would culminate and lead me to have one of the most memorable and exciting experiences of my entire law school career.

        After I made the Cecil C. Humphreys School of Law National Moot Court Team, Larry sat me down and said, “If you want to be really good, you need to focus, be prepared, and give it all you’ve got.” That’s exactly what I tried to do. After spending 40 hours a week practicing the entire month of November, our entire plan changed when we lost our swing teammate. Because of our hard work and preparedness, however, my other teammate and I already knew the opposing arguments and were ready to head to the Regional Competition in Knoxville, just the two of us. After beating Mississippi College, Louisiana State University, and the University of Tennessee, we had the opportunity to argue in front of Justice Wade of the Tennessee Supreme Court. In a minor panic attack before the final round, I remembered Larry’s advice and was able to revel in the opportunity rather than be intimidated by it. Presenting an appellate argument to Justice Wade and engaging in conversation with him regarding the state of the law is an experience I will never forget.

        As my teammate and I prepare to compete against the Top 44 Moot Court teams in the nation in New York City this February (all expense paid trip- thanks Cecil C.!), I can practice with peace of mind, knowing that I have a competitive advantage over them all- I am a clerk for Larry Rice. Win or lose, I walk away with a boss that encourages me in my academic endeavors, prepares me for success in law school, and provides opportunities that will allow me to be as prepared as possible for when I enter into the legal field.

Memphis Divorce Attorney Larry Rice: on Parenting Issues in Tennessee

Memphis Divorce Attorney Larry Rice discusses the importance of not involving children in the divorce process. He recommends still parenting together by emphasizing each parents' love for their children and by not criticizing the other spouse in front of the children. Larry Rice also addresses the main components and faults of the Child Support Worksheet in Tennessee. He concludes by reiterating his point to parent together and to not talk badly about the other spouse.

 

Simple tasks v. complicated tasks by Justin Steele

Since starting work here at Rice Amundsen and Caperton, I have been fortunate enough to put my accounting background and minimal legal knowledge to hard work; building book cases, assembling dollies, and moving file cabinets up and down the stairs. 

You might think that sounds a little bit sarcastic.  That’s probably because it was a little sarcastic, but in reality I am glad that I have been given the opportunity to do not only the small tasks but also tasks related to legal work.  Since beginning work here, I have gotten to do all the things that one imagines doing when they watch a movie like Paperchase: running to court, running errands, getting coffee, sending correspondences, and becoming best friends, but also mortal enemies, with the copier.  I have gotten to do all these things and have learned an important lesson for life and legal practice.

Although it might not be the most profound, I’ve come to an important realization.  Most days, it turns out, are spent doing simple things, talking in nice tones to the copier, and are not spent making groundbreaking arguments in court.  However, these small tasks are of equal importance to the big ones and they should be given a similar appreciation.  Like Oswald Chambers says, “We are not made for the mountains, for sunrises, or for the other beautiful attractions in life - those are simply meant to be moments of inspiration.  We are made for the valleys, and the ordinary things in life, that is where we have to prove our stamina and strength.”