351 Year Old Will Sparks Controversy

There is no way that I would simply just put this up in the Legal News section of the site. This is too good to pass up. Apparently there is a 351 year old will that was written up and executed by a wealthy Massachusetts man, William Payne, that gave 35 plush acres of land to be used for the benefit of public school children, and should never be sold. The Trustees want to nix the will and set up condos. Click on the link to read the full story. It is very interesting. Take a look and chime in with your opinions, if you’d like.

 Here is a typed version of the Will in question: William Paine’s Will

Why Would You Say That?

I am sitting in my class the other day, and the professor told us a about a conversation he once had with a student. The student tells him that he/she would rather take his class over another professor’s class. The student’s reasoning was astounding. He proceeds to tell the Professor that  unlike the other professor, “you just want us to know the law generally.” Why would you say that? First of all, it’s insulting. Secondly, it makes this student look like a dunce.

As our professor told us, if you do not know the law in detail, then how will you be able to give a generalized summary of the law? By and large, the attorneys that win cases, win cases not because they have a great case, but because they know the rules. And the attorney that knows the rules better than opposing counsel is the victor. At the end of the day, taking a case to trial is like rolling dice. Anything can happen. Anything. A jury may not like the smirk on the Plaintiff’s face.

I believe Robert Frost said it best, “ A jury consists of twelve persons chosen to decide who has the better lawyer.“ There is some truth to that. You, as the attorney, can have the best earth-shattering case on the planet, and still lose because you did not show a mastery of the rules (in discovery, during trial, or you failed to preserve objections during trial etc.). Know the rules. Master the rules. The time you spend in law school should be spent on knowing the black-letter law so that it doesn’t cost you dearly in the real world.

STUDY!!!!! And for the love of God, don’t say things like that to a professor. It just makes you look like a dunce.

Facebook and Professors

The professors at my school are very cool and some are just absolutely cooler than cool that they have a Facebook account. Some students add these professors on as friends, and the social networking ingredients for disaster have been mixed. Here is the story.

A few weeks ago, a friend posted on Facebook that she lent her thumb drive to another student to make copies of reading material for the upcoming class. My friend updates her status by saying that she forgot to get her thumb drive back from her friend, and therefore has not done the reading material for that day. I comment on her Facebook, “Don’t worry. We may not even have class today. Professor is due in court for a deposition.” Not five minutes later the Professor chimes in on her status and says, “We will have class today, and you both better be ready!”

Rule of thumb: your professor could be just as cool as Ozzy. Don’t add professors on Facebook. It spells trouble. While this was comical and funny, there can be serious consequences. Be very careful with social networking in school as well as your professional life.

Dispensing Legal Advice

So you are in law school and you think you’re a know-it-all. Heck, you even got an A in torts/contracts, and have a 4.0 GPA. All that is great, you worked hard for it. But, do you know what your friends see in you? Free legal advice. That’s right! They want free legal advice, and you, being the law student, are there to give it to them. DON’T DO IT!!!!

It is not worth losing your life, your reputation, and your seat in law school (or even being denied admission to your State’s Bar). You have worked too hard to lose it over something as stupid as dispensing legal advice.

I have had friends ask me for legal advice on a multitude of things ranging from immigration issues to personal asset protection. In each and every instance I have shut them down. I told them to consult an attorney, and I am NOT the person that they should be talking to. I cannot advise them on anything as I am not a lawyer. I am only a 2L, and there is absolutely nothing that I can do for them. One even said, “Hypothetically…..” and I shut him down immediately. I did not let the conversation take place. I cannot stress this enough! IT IS NOT WORTH IT!!!

It is very tempting to show off in front of your friends. It is very tempting to be the go-to guy, but it is not worth it. Honestly, it’s not.

After you have passed your Bar exam, and after you put up your shingle, then by all means go ahead and dispense legal advice as a newly minted lawyer. For now, stick to the books.

Ex-Law Students Sue Over Grades

Normally, I would write or Tweet about an interesting news article, but I think in this instance providing you with the link would suffice. 

Click here for this ridiculous story. If you do not laugh yourself into a coronary, well….