Tuesday, October 03, 2006

some more interesting queries.

"I'm a really bad person"
 
"dating when is it ok to call him"
 
"I need a pair of shoes."
 
"hells piercing"
 
"german shepherds deterring murderers"
 
"pocketbook and a full moon"
 
"damn the government"
 
"the benefits of being a public defender"
 
"I feel my co worker is attracted to me"
 
"law answers"
 
"pantyhose judo"  (seriously.  again?)
 
"forgot underwear"  (been there.)
 
"why does my girlfriend want to take a break and always we get back together 3 times now" (run.)
 
"does law pay"  (well crime doesn't, so law must.)

Monday, October 02, 2006

I'm THIS close...

... to changing baseball loyalties.
 

Happy New Supreme Court Term Day!

Coverage:
 
 
 
 
 
*Inspirational article:  From Inmate to Mentor
 
 

Wednesday, September 20, 2006

If you cannot afford an attorney... prove it.

A friend of mine sent along this link yesterday.

Tuesday, September 19, 2006

Arrrrrr.

Happy National Talk Like a Pirate Day.

Saturday, September 09, 2006

you know you have a pathetic social life when

The highlight of my night last night was when I sat in David Ortiz's lap, he pulled me in close to him, snuggled into a hug, and said in that DR accent of his, "We're very good friends.  If not more." 
 
So what if it was just a dream?

Wednesday, September 06, 2006

argh

this job makes me SO. ANGRY.

today's news.

From the Washington Post:
 
 

Sunday, September 03, 2006

Baltimore Sun article on the death penalty in the Baltimore area.

Friday, September 01, 2006

oops.

So, Perplexing #2 and I had another go-round.  It started off well enough - didn't end too well.  Like a good lapsed Catholic, I'm having a huge guilt attack.  I'm kind of ashamed of my behavior.  I flirted with lots of other people.  (one of whom seemed to think that it's ok for friends to kiss on the lips?  I went in for the cheek and he derailed me!) That was just one little guilt nugget.  Anyway:
 
Coworker Jack:  "Damn.  You totally Big-Leagued him."
Me:  "Big-Leagued?  Is that good or bad?  Oh God.  I feel terrible.  I should go find him in court today and apologize."
Jack:  "Nooooooo.  No no no.  Just buy him a drink the next time you see him at the bar.  Us guys get over things like that pretty quickly if we think we have a shot of getting laid.  It's just who we are."

Thursday, August 31, 2006

Justice?

Did anyone catch that new show Justice last night?

It was so fake that I'm not sure I can stand to watch it. But I'll
definitely have to watch at least a few more episodes... you know,
just to see if I like it.

Tuesday, August 29, 2006

Perplexing: 3 & 4, of 4

#3:
I was working a full day in court.  I had been spending a lot of time in that courtroom, so I became buddy buddy with the court staff that week.  There was one officer in particular that I rely on to change my clients from the "not ready to see the judge" to "ready to see the judge" status.  Essentially, I rely on him so heavily to make my job happen that he could REALLY make or break my day. 
 
He and I get along well.  I am not in any way attracted to him, but he makes me laugh, and he definitely makes work more enjoyable.  He's middle-aged, married, children.  This court officer had mentioned that we should lunch together.  I always lunch with my coworkers, because it's valuable time to pick their brains and benefit from their years of experience.  I didn't think much of it, because it's not uncommon for court officers and attorneys to lunch together. 
 
But something changed... he was doing a lot of, um, TOUCHING me.  Rubbing my arm, my back, petting my hair, etc.  To make a short story long, I started avoiding him and he kept getting more passive aggressive with me.  It made me nervous, that I rely so heavily on him in order to get my work done, and he was clearly not pleased with me.  Things were awkward, until we had a confrontation. 
 
"I don't see what the problem is," he hissed several days later, as I passed him in court.  The way the officer reacted made me believe that I made the right decision.  There was definitely something weird. I was being super friendly to him, because I could tell that he was not happy with me.  "I just wanted to have lunch, that's all.  I don't like eating lunch with all those other people.  It could have been just the two of us."  When I left court that day, I think we were ok.  He asked me for a kiss on the cheek, and I reluctantly complied.
 
Coworker Jack snorted in disgust when I told him about it afterwards.  "You don't want to hang out with him but then you stick your tongue down his throat?  No wonder you're having creepy guy problems.  I don't feel bad for you."
 
#4:
Way back in February, one night at a bar, I was hard-core macking on a guy that I thought was totally hot.  We chatted for a good part of the night, on and off.  I was really, really hitting on him.  It was messy.  I was messy.  Anyway, several times, he patted me on the head.  Yes that's right.  He PATTED MY HEAD.  How patronizing!
 
I saw him again recently and mentioned to a friend that I thought he was hot.  My friend, on a later date and unbeknownst to me, told him that I thought he was hot.  What does he say?  "Whose your friend?  Her?  Yeah, I'm single. Tell her to come up and talk to me sometime."
 
I saw him shortly thereafter, and then my friend disclosed the aforementioned conversation.  So I caught this guy looking at me a few times, but I just walked out in disgust.  Yeah, you're hot.  But you know what?  I hit on you once and you PATTED MY HEAD.  I'm so over it.
__________________________________________________________________
Anyhow.
 
One commenter asks, What's the big deal?  Well, there's isn't really a big deal.  I'm just sort of annoyed.  I've had a pretty good summer, once I went through the withdrawal of dating anxiety.  At some point, I guess I came to rely on having men drama in my life.  On Memorial Day, I finally resolved to just STOP.  Just take a break.  Get all the bad vibes out of my system.  Get my head on straight.  Reach some sort of emotional equilibrium.  Enjoy myself.  And you know what?  It worked.  I had a fun summer.  I hung out with friends.  I went to baseball games.  I took some time off.  I read books.  I watched movies.  I hung out with my roommate and the dog.  I spent a lot of time outdoors.  And I really, really enjoyed it.
 
Perplexing #s 1-4 all happened in the SAME WEEK.  I started wondering, is it me?  Is it something I did?  Did I somehow do something that makes people think I'm in love with them?  What am I doing that's so inappropriate?  Am I doomed to lead a life of awkward interactions like these?  And what about #2?  Was I wrong?  Or was he actually interested in me?  Why didn't he come back?  Did something come up, or did he never give it a second thought?  What the fuck is #4's problem?  Is this change of heart a mere ploy to get some action?  How could it be anything more than that?  There can't be any genuine interest.  What am I supposed to do next time I see #1? 
 
The only reason I wrote about all of these things is because I was annoyed.  I managed to have a good couple of months and straighten myself out, without any of this weird anxiety.  Suddenly four people interfered with my chaos- and anxiety-free emotional state.  It was uninvited.  And suddenly I found myself doing exactly what made me take a break to begin with - I began analyzing, fretting, worrying, examining, thinking.  I was knocked off my wagon of emotional peace and contentment, and I don't like it one bit.

fever pitch, indeed.

The Red Sox are all banged up.

Monday, August 28, 2006

from fake to nonexistent

There's a new trend now.  Clients and other ignorant folk used to be hatin' on the PDs by insinuating that we were not real attorneys (um, if I'm a fake attorney, are my law school loans and bar review loans fake too?  Because that would totally ROCK... no more payments on those 'fake' loans!  haha!) 
 
Recently, however, I've encountered a new development.  It's happened enough that I just have to rant.  The conversation goes something like this.
 
Fake attorney [me]:  I see you have an open case.  That was pretty recent.  Who represents you on that case?
Client:  No one.
Me:  Well, someone represented you.
Client:  No, I didn't have a lawyer.
Me:  Yes you did.
Client:  No, I didn't.
Me:  Yes you did.
Client:  No, I didn't have no attorney, I'm telling you!
Me:  Ok.  So let me get this straight.  On the last court date, you were in this courtroom, right?
Client:  Yeah.
Me:  And you went out in front of the judge, right?
Client:  Yeah.
Me:  You saw the judge, yes?
Client:  Yeah.
Me:  And when you saw the judge, there was someone standing next to you, right?
Client.  Yeah.
Me:  And that was the same person who was speaking to you in your cell just like I am now, right?
Client:  Yeah, yeah.  But that wasn't a lawyer, that was a public defender.
 
So I've gone from being not a 'real' lawyer to not being a lawyer at all.  Didn't have a lawyer?  YOU DIDN'T HAVE A LAWYER?  Who do you think got you out of jail just in time for you to get your ass arrested again?
 
Didn't have a lawyer.  Hmph. 

Friday, August 25, 2006

Perplexing: 2 of 4

The night before my awkward incident with Nick, I was at the same bar with all of my coworkers.  We were all enjoying a much-needed night out.  I went up to the bar to get myself another drink and had to delicately wedge myself between the bar, a chair, and another person.  That other person was a familiar face from around the area in which I work, but I didn't say anything.
 
His back was facing me when I approached the bar, but he turned to me as I was waiting to get the bartender's attention.  I saw him look at me for a moment and then he said, "The bartender's name is Rich."  [This was a different bartender from the one that asked me out.]  I was startled, and sort of stammered, because I knew the bartender, the bartender knew me, and I certainly frequented that bar more than this guy.  I can say that because I'm there often enough to know that he is not.
 
Rich looked over at me and called out, "Hey WOTL!  Another round?"  Indeed.
 
The guy at the bar told me I looked familiar, where did he know me from?  And at that moment I realized...  Ohhhhhhhhh.  Yes.  This is how these things start, right?  He was kind of sizing me up, wasn't he?  Turns out we sort of work together, remotely, in that he works in the courthouse and I work in the courthouse.  We struck up a conversation and chatted while I tried to look vivacious and fetching.  Not someone I'd seek out, but he seems relatively normal.  Looks like a regular good guy.  Not manicured, not flashy or fancy, just wearing sneakers and jeans and a decent shirt.  The conversation came easily and was enough to keep me interested.  Which left me with no other option than to leave.  [Right?  I've heard that hard-to-get is the most successful tactic.]
 
I wrapped up the conversation and returned to my table, where it had not escaped my coworkers notice that I was engaged in conversation with a male.  I shrugged, and played indifferent, but I was wondering, is he interested?  Is he single?  Would he take me out on a nice, normal date?  Will he come over and talk to me?
 
I walked over later when I realized he wasn't going to infiltrate the ranks of my office to talk to me.  We chatted again, again it was pleasant, and again I realized that I guess I should play it cool.  I spent the rest of the evening with my coworkers, this time trying to position myself in a way that would permit him to approach me if he wanted to, in a way that hopefully wouldn't make him uncomfortable or require him to be brazen.  Seeing that he wasn't going to come by again, I went over to let him know that I'd be leaving, and to say goodbye.
 
Then he asked me the question that made me really believe that he had some hint of interest in me.  "Will you be coming back next week?"  I said yeah, probably, at least for a little while. 
 
One week passes.  I go back to the bar, despite the fact that I have a bad cold, have gotten no sleep all week, and have to be at work early for a long day the next day.  I wear a cute outfit, I accessorize, I'm having a good hair day.  The only reason I went is because he asked me if I'd be there, and if he was going to show up, I wanted to make sure I was there.
 
He never showed.

Tuesday, August 22, 2006

Perplexing: 1 of 4.

I've been on a hiatus from dating since Memorial Day weekend.  I decided I need to stop and just shake off whatever vibes I had that were attracting troublesome men.  I have to say, it's been a pretty enjoyable summer without the stress of dating.  I got to July 4th and realized, wow, it's been a while, why not go all the way to Labor Day?  And with Labor Day approaching, it seems that I've almost made it.
 
I am at a loss to explain how it is, then, that I have attracted the attention of (almost) all the wrong men in the past two weeks. 
 
It started with my favorite bartender.  I love him.  I adore him.  Sometimes I stop in just to say hi.  He is a very bouncy, affable, friendly guy.  He has always remembered my name and what I drink.  I occassionally give him a hug, recently a kiss on the cheek.  My intentions were always platonic, since he's older and I assumed he was married.  I stopped by the bar to say hello to some coworkers but wanted to spend the afternoon shopping outside since it was so nice.  Nick offered me my regular drink, I declined.  Then he insisted on buying me a drink and offered all sorts of delicious frozen concoctions and, remembering my 'drinks with umbrellas' goal, I accepted.  I had two cocktails that tasted like pure magic and got me good and buzzed.  So I gave him a big hug and kiss on the cheek and thanked him for taking such good care of me.
 
He joked, "When are we going on a date, WOTL?" and I chuckled.  Realizing that he was looking at me for an answer, I hurriedly answered, "Sure Nick, we'll hang out sometime."  Then, attempting to change the subject, I said, "What are you up to this weekend, Nick?  Any big plans?"  Anyone else in their right mind would realize that this is the ABSOLUTE LAST THING you should ask as a follow-up question.  But I still thought he was joking.  He turned around and handed me a napkin.  Oh yes.  It was his phone number.  Shit.
 
My coworker Jack, who is my partner in crime at the office, just rolled his eyes when I went back to my seat, all flustered.  "You press your boobs right up against the man's chest and expect that he's not going to try to get some?  Maybe you should STOP MAKING OUT WITH HIM if you don't want him to hit on you."  True that.  Note to self.  Stop being friendly and affectionate to men, even in a platonic way.
 
Installments 2-4 to follow.

Tuesday, August 15, 2006

I am a real attorney.

I'm still new enough that some of the usual occupational hazards really get to me.  Like, the "public defender vs. REAL attorney" illusion.
 
I have a very difficult client.  He is young, with a level of teenage recklessness and disregard that would lead me to tackle him rather than take the stand in his own defense.  (I know, I know, it's his choice, I can't prohibit him from it, yes yes, blah blah blah, but all you PDs out there know that you secretly desire to glue some clients to the seat rather than let him/her take the stand).  This case was on the trial track and was transferred to me.  Ick. 
 
So, I have to prep this case.  Is it a good trial case?  Do I beg / plead / cajole the DA into making an acceptable offer?  Do I have everything I need in this file?  I try 3 times to meet my client.  He stands me up every time except the third time, when he waltzed into my office FOUR HOURS LATE with no phone call, explanation, anything.  Luckily, I was in the office that day and had the time to meet with him.  We sat together for over an hour, analyzing and discussing his case.  I think the police were pretty rotten to him.  I think they used excessive force.  I also, however, think the case is a loser for my client.  I think there is a very good chance of conviction, as the only witnesses in this case are two police officers. 
 
I discuss the current plea deal with my client and recommend he take it.  It's not bad, but not great.  He was supposed to call me and talk to me about it.  I call the DA and wrangle out a better deal.  Excellent.  Now I feel better about my legal opinion as to what course of action my client should take.  I think this is a very good plea offer, although I still think the cops are jerks.
 
Today I show up and tell my client what the new offer is.  I also tell my client that I called him and was disappointed that he did not return my call to discuss his case.  Then he tells me the news I love to hear on the day of trial after exerting this level of energy - he's waiting for his attorney to show up.  His parents decided to hire an attorney instead.  His attorney, he tells me, told him that I would be more than happy to give up his case because I don't have enough time to take care of my cases.
 
My jaw hit the floor.
 
It's one thing for a client to want to hire an attorney because they believe that.  I'm fine with that - you're right, I have a lot of cases, and if you can pay for an attorney, then you should.  However, I believe that the defense bar should be a little more respectful of my work ethic and professionalism.  To tell a client that I'm screwing him because I'm too busy with other things is not something I would ever expect from another attorney. 

Saturday, August 12, 2006

...but am I a good PD?

I'm A PD wrote a post that leveled me. Her post made me realize exactly what it was about my job that made me feel so anxious. I've been feeling so insecure and always struggling with the belief that maybe deep down I'm not good at this job, or good for my clients, and I think I'm a PD hit the nail on the head here. There's no way to tell. There is no objective measure, or list of characteristics that make someone a good public defender. Which means that people like me, who have always received good grades and tested well and been on honor roll, etc. are left to flounder in our grey area of evaluating our performance.

I think her words say it best for me:
there's no objective way of measuring whether you are 'good' at doing your work. You expect to lose cases; you expect your clients to hate you and do an unreasonable amount of time; you expect judges to yell at you; you expect polite society to suspect that you are a naive enabler of evil in the world. What you don't expect is the sinking and persistent feeling that you are actually bad at what you do.

Friday, August 11, 2006

too much info.

 
I'm sure it's only a matter of time before this experience becomes my own.  Nevertheless, I think that these mothers' desire to know more about the sperm donor than they already do is just creepy.  I think it's ridiculous to call for regulations or for policies that share more extensive information about sperm donors.  Here's the deal.  If you want to know who your donor is, what his family is like, what he's like, what the medical issues are... then FIND HIM AND MARRY HIM.  Or at least, FIND HIM AND LET HIM IMPREGNATE YOU.  It seems silly to me to expect so much information from a venue such as a sperm bank.  Furthermore, there's never any way to tell whether your child is going to be perfect or not.  Whether your child's biological father is your husband, or ex, or a some guy you met at a costume party, or some guy you picked out of a catalog... conception is not risk-free.  Even if you pay good money for it.

Wednesday, August 09, 2006

today's news

 "[T]he ABA voted to declare that it ``opposes, as contrary to the rule of law and our constitutional system of separation of powers, the misuse of presidential signing statements by claiming the authority . . . to disregard or decline to enforce all or part of a law the president has signed, or to interpret such a law in a manner inconsistent with the clear intent of Congress."

The ABA also urged Congress to pass legislation giving courts greater jurisdiction to review signing statements in which a president asserts that some parts of a bill unconstitutionally infringe on his executive powers and need not be obeyed. Senate Judiciary Committee chairman Arlen Specter, Republican of Pennsylvania, has already filed such a bill."

Maurice Clarett, the only athlete an antitrust attorney could ever name, was arrested again, this time with guns, while wearing a bulletproof vest.  Alas, how far he has fallen from the sterile spotlight of my antitrust textbook.

All your internet searches really are being scrutinized.

 

Friday, August 04, 2006

who's the reactionary?

I received the following comment from an adoring and loyal reader:
 
hey dumb ass, guess what, we have removed over 500 WMD's from Iraq. Have you been there? of course not.. you just want to run your liberal mouth, and put down everything about this country, while marines like me, fight and die, so that you have the freedom to do it. THANK GOD, BUSH HAS THE BALLS TO DO SOMETHING ABOUT IT.
 
I feel compelled to respond.  I don't know what post this is in response to, because I just get them on my email, but I find the comment deliciously trite. 
 
Dumb ass.  That's "overeducated Dumb Ass, Esq." to you, buddy.
 
We have removed over 500 WMD's from Iraq.  Have you?  To be honest, I was unaware.  What do they look like?  What are they capable of doing?  I think it's fair to say that the US government might have made more of a deal about actually recovering the things they said they were going to find and never did.  Unless, by WMD's, you mean "guns."  In which case I can assure you that the streets of this country are a veritable war zone.
 
Have you been there?  of course not... you just want to run your liberal mouth  If the choice is a) go to Iraq and b) run my liberal mouth, then I'll choose B.  You apparently chose to do both.  Or maybe just the running the mouth bit - you're unclear as to whether you've been in Iraq either.  I support your right to choose, or not choose, as the case may be.
 
Furthermore, while I have never been in the service, I am a proud member of a family of military members.  You are my brother, my uncle, my father, my grandfather.  I've never been ashamed of my family's service to this country.  My family is in the conflict fighting overseas right next to you.  There is a difference between supporting my nation's decision to embark on such a significantly lethal path and supporting the troops.  I don't oppose you as a human being (well, I didn't before you were so rude - ) but I do believe that I'd rather our soldiers be somewhere else.
 
and put down everything about this country, while marines like me, fight and die so you have the freedom to do it    It's easy to walk around, screaming and twitching about people who put down everything about this country. "Put down everything about this country"?  You say that because I disagree with you, and I challenge you to identify examples of this assertion.  I don't believe that my country is perfect, but that does not mean I do not love my country.  I do not have to refrain from advocating changes in my country, my government, my society, or my community in order to love it.  That is where people like you become confused.  I gush on and on about the Constitution, the Bill of Rights, how I love them, how if I could fill my bathtub up with law and criminal procedure and swim in it, I would... come now.  I love this country.  I fight for it every single day.  You fight for this country with guns and force.  That's your thing.  I fight for this country by protecting people from the chaos and corruption and error in the legal system.  I fight for this country by making sure that the country does not tear from its citizens the cloak of freedom and civil liberty guaranteed by our founding fathers. 
 
Everyone has their own way of participating in their society, and the beautiful thing about our democracy is that we often exercise our rights without even noticing.  Everyone has a different way of defending freedom, and I defend freedom by literally keeping people free.  I've represented several dozen individuals who have either already fought for their country or are trying to enter the service but cannot because of their pending criminal case.  You know, all those poor and uneducated kids that the Army likes to recruit - I fight every day for their right to enter the Army and fight for their country.
 
THANK GOD BUSH HAS THE BALLS TO DO SOMETHING ABOUT IT  God has nothing to do with this war, but as a Bush supporter, that distinction would be lost on you.  As for Bush's balls, well, I'd suggest removing them from your mouth and advise you to get back to work, soldier.  The war is far from over.  There's a lot of work left to be done.  I wish you good health and your safe return from Iraq.  Or Nebraska.  Wherever you are. 

Monday, July 31, 2006

Are you afraid of my Guatemala-ness?

In the course of my work, I come across some real chatters.  The first time I meet a client, it's because they've been locked up, and I'm trying to get them released pending the rest of their case.  The chatters seem to enjoy recounting every irrelevant detail from the time of their conception to the moment of their arrest.  I recently had an entire day of chatters, which made it nearly impossible to move as quickly as I hoped.
 
There was one client I had who just would not let me end the conversation.  I was starting to get stressed that the conversation was taking too long, and I was getting annoyed that I wasn't getting to more clients.  I remembered some advice one of my mentors gave me recently - this job is like kung fu.  Don't meet force with force - accept the force and redirect it.  Go with it, don't fight it.
 
So as I resigned myself to listening to this very chatty, very animated gentleman recount how he got arrested, I tried to figure out who he reminded me of, when it hit me:  He spoke JUST LIKE Agador Spartacus from The Birdcage.  I was desperately trying to hold back giggles, so much that my stomach hurt.  The rest of the conversation was a pleasure.

summertime

Blogging is light.  My internet is still down, so I have to lurk off to somewhere I can get free WiFi and try to compose something before my internet crashes.  It's a pain.
 
I cannot believe that tomorrow is August.  How did I lose my entire summer?  What do I have to show for it?  I don't think I once ordered a drink that came with an umbrella in it.  I didn't once drunkenly make out with a stranger on a blanket in a park somewhere.  I didn't attend a BBQ and end the night with a cowboy hat on, singing Bon Jovi or Bruce Springsteen at the top of my lungs before passing out fully clothed on my bed.  NOT. ONCE.
 
Who can live like this?
 
Somehow, strangely, despite the court's aversion to scheduling ANYTHING in the month of August, I happen to have many hearings and several trials scheduled.  I intend to do none of them if I can avoid it.  I need to make up for lost time and have myself a summer.  If you see some girl clutching a drink umbrella, a stranger, and a cowboy hat, humming refrains of "Livin on a Prayer," you might want to give wide berth. 

Wednesday, July 19, 2006

writing on the wall

Good luck, bar exam takers!!

Monday, July 17, 2006

another battle scar

I cried at work.  Again.  I started crying before I made it out of the courtroom - but the only people who could see me cry were whoever was sitting in the last two rows.  I managed to get that far, at least.  The only thing worse than getting caught crying at work is getting caught crying while trying to HIDE - I crawled under my desk and pulled the chair in so no one could see me and of course, no less than 6 attorneys came by and found me hiding under my desk sobbing.  How embarrassing. 
 
I was so angry at the way the court was humiliating and needling my client, unnecessarily, and without provocation.  The judge then ordered me to do something that I told the judge I could not do.  I objected, and said I couldn't.  The court ordered again.
 
A few hours later, everything was resolved, and things worked out the way they should have.  But that's another one of those things that should be considered a 'victory,'  I guess, because the client got what he wanted in the end - but that sure didn't feel like a victory.  It felt like the court was trying to do everything it could to make my client fail, to obstruct whatever I was trying to accomplish - but all the while making it look like it was my client's fault.  It was so frustrating.
 
Then I had another client this week who was so convinced that what he had to tell the judge was important for the judge to know, that he would not be quiet.  He kept trying to talk to the judge and I kept asking him to stop, don't say anything, otherwise the judge is not going to release you and the prosecutor is definitely going to use it against you.  Ah, no.  My client insisted on talking.  The judge directed my client to speak to me.  Finally, client turned to me, told me exactly what I said not to say to the judge, and I finally said, "My client would like the court to know that he is concerned that xyz will happen as a result of this court's order."  And the judge told him exactly what he thought about that, about 4 times louder than I've ever heard him address anyone, and (ahem) admonished my client so loudly and thoroughly and extensively that I'm pretty sure he'll shut up when I tell him to shut up next time. 
 
Why, defendants, why, do you take the Fifth Amendment protections that I work tirelessly to protect, and throw it away with both hands, and stomp on it?  I told you the judge did not want to hear that.  And you didn't believe me, did you?
 
Oooh!  The highlight of my month was when about two weeks ago, for the very first time, I received this question from a client who just got out of jail on a prior case, with about 40 convictions for drug possession who asked me after I told him that he would not be released or sentenced to community service:
C: "Is it true that you work with them?"  Ah yes.  THE question.
Me: "Who?"  I figured I'd play dumb.  I mean, maybe if I can figure out what my client THINKS we all do, I can do a better job of correcting it.
C: "You know, them?"
Me: [deciding to stop playing games] "You mean, do I work with the DA and the judge to keep you locked up?"
C: "Yeah."
Me: "No, it's not true.  I'm here to defend you, which also means telling you what I think is going to happen.  Now, I can tell you what you want to hear, or I can tell you what I know the judge is going to do.  If I really wanted to see you locked up, if I really wanted to work 'with' them, then I'd be a DA instead, because they make a lot more money and they don't have to sit here in the pens with a bunch of people cursing them out.  And if I really wanted to see you locked up, I wouldn't even really need to talk to you about it beforehand, right?"
 
You know, it would be one thing if I had a curious client who was unfamiliar with the system ask me that question.  I would be ok with answering it.  But it's really disingenuous to ask that question when your rap sheet needs its own forklift. 

Wednesday, June 28, 2006

victory

Victory, to a defense attorney, can have varied meanings.  Getting a max misdemeanor sentence to avoid a felony conviction and felony time can be a victory.  Getting a conviction without jail can be a victory.  Not getting deported is a victory.  Sometimes only an acquittal or dismissal is a victory.
 
This week, I had some victories.  I didn't win.  But in the end, the law prevailed. 
 
[yay!]

Kansas v. Marsh

Slate is running another dialogue between Dahlia Lithwick and Walter Dellinger regarding the Supreme Court.  They've been discussing Kansas v. Marsh, in which the Supreme Court found that it is not unconstitutional to execute someone if the mitigators equal the aggravators. 
 
I've had the pleasure of reading this opinion (please refer to previous post) and reading it along with the Breakfast Table discussion on Slate.  It's rather interesting.  Each concurring / dissenting opinion sets forth a different approach by which to examine this question.
 
One thing that struck me was a footnote in the dissenting opinion of Justice Stevens, in which he mentions that perhaps the Supreme Court should have taken into account WHO was appealing when granting cert.  It was the State of Kansas, not the defendant, who appealed the ruling of the Kansas Supreme Court (striking down the death penalty statute as unconstitutional).  If the 8th and 14th Amendments are designed to protect individuals, is that "interest entirely absent when the State is the petitioner", as Stevens claims?  Interesting way to look at it.  I don't think that avoids the fact that the U.S. Supreme Court, not the Kansas Supreme Court, is the final arbiter of federal Constitutional claims.  Otherwise, states could start claiming that the 4th Amendment requires that all warrants must be executed by clowns...  but aside from clown hypos, I find something compelling about Stevens's argument.  Emotionally or intellectually or legally compelling?  Not sure which.  But compelling nonetheless.

Friday, June 23, 2006

extra crispy.

I'm trying to follow the adage of, "If you don't have something nice to say, don't say anything at all."  No one wants to hear other people whine.  You will note that my blog has been a little quieter over the past two months or so. 
 
I read a post at Audacity that moved me to share with you how I'm feeling right now. 
 
I am really, truly, actually, matter-of-factly burnt out.  Not busy; burnt out.  I yell.  I have zero patience.  I am annoyed.  I wake up in the morning and I'm no longer excited about going to work.  My anxiety level goes through the roof when I see that I have voicemails waiting for me in the morning. 
 
It took me a little bit to figure out that I was burnt out.  Once I accepted that, I started to wonder why.  I think there are several reasons.  First, I took this job because I wanted to advocate for people who would not otherwise have their voices heard.  Second, I thought I was going to be making extensive use of my trial skills.  Third, I thought I was going to be absorbing, receiving, debating, firing off law and criminal procedure from day to day.
 
The reality of my days? 
 
- No trials.  No hearings.  I spend every day begging and charming.  There is no law involved in resolving the overwhelming majority of my cases.  I smile, I kiss ass when it needs to be kissed, I beg, I plead, I cajole, I negotiate.  No 4th, 5th, 6th Amendment.  Just smiles and begging.  Please reduce the charge.  Please give him probation.  Please let her do a program instead of jail time.  No caselaw.  No statutory interpretation.  Just... begging.
 
- Please give me the discovery you didn't give me before.  Please give me the rest of the discovery.  Nope, really, I still want all that discovery that I know you have and aren't handing over.  Please stop pretending like it's ok to hand over that stuff (and still!  not even all of it) the minute before a hearing / trial when the court set a date over a month ago for final discovery.  Judge, please hold the prosecutor accountable for this.  No?  Ok thanks. 
 
- I am overwhelmed by the number of cases in which I see police misconduct.  The 4th, 5th, 6th Amendments, the exclusionary rule, giving truthful testimony under oath - I'm not so sure I've seen a lot of it in the courthouse or on the streets.  It exists in textbooks, and as far as I can see, nowhere else.
 
- Plus all the stories that I'd love to share but don't for fear of recognition / retribution.  There are plenty.
 
I am not fighting the system that crushes the lives of my clients.  I just help it run smoothly.
 
I feel like every day has become an exercise in futility. 
 
As a social worker, I felt helpless - like I had the insight and the access to create change, but not the authority to do so.  I left social work and went to law because I believed in the awe-inspiring and benevolent power of the law to create change in people's lives.  I have such great reverence for The Law - for the Bill of Rights, for Constitutional Law and Criminal Procedure.  There's something so powerful about these concepts and their evolution.  It was the intersection of sociology and the law drove me to do indigent defense.  I love my job because I get to work with actual human beings whose lives are real and important, and in theory, through advocacy, I can help protect the importance of their lives and liberty with the powerful tools of law. 
 
I feel like I've been wholly unsuccessful.  That may not be true, completely.  But right now, I feel like I haven't been able to really humanize my clients.  I haven't been able to really make their individual voice heard.  I really have not been able to use the law the way it should be used to protect the rights of individuals against invasive government intrusion.  I feel helpless and overwhelmed.  What can I do?  What is it that I, as one single, new, underfunded attorney, can do?
 
I've been so burnt out that I've withdrawn socially as well.  I don't blame my job for my social withdrawal - to be honest, I think it's my dissatisfaction with my social life that is hurting my job, and not vice versa.  But I was so overwhelmed and so distant and distracted.  I was just not present.  And it got so bad that I finally realized I was missing out on a lot of what was going on in other people's lives.  My best friend's wedding.  The pregnancies of two other friends.  Things that I want to be involved in, in which I want to play an active role, and yet I could not scrape up the energy to participate in the way I really want to.  I realized that I couldn't look back with regret on all of these things that I value so much.  So I took a time out.
 
I don't have the Ultimate Answer, but after a lot of consideration, I have finally identified several things I could try to do in order to reconnect with my life, both personally and professionally:
  • I want to start volunteering with kids again.  I did it for years.  I love children, I love the trappings of childhood, and I have enough free time to dedicate myself to doing something, other than work, that is personally fulfilling to me.  I think I am going to start by reading bedtime stories to children in the hospital.
  • I am going to stop being so stingy with my time.  When my caseload numbers suddenly shot up and when the cases themselves got complex, I started doing a lot of prioritizing, because I had to.  Now, I am going to let the client whose case has already been dismissed, but who keeps insisting on coming in to say hi, come in and say hi.  I will start calling clients I have not spoken to in a while, just to check in.  I will acknowledge that even the small cases are big cases.  I anticipate that a frustrating number of my clients won't have accurate contact information, and won't call me back, but this is my job, I get paid to deal with the frustration of this system, and they don't.  I can at least try. 
  • I will resume reading US Supreme Court cases and state Supreme Court cases regularly, because I like to.
  • I'm going to take more weekend trips to visit people who are near and dear to me. 
  • I'm going to take more weekend trips to be outside and to be present in nature, in the world around me.  I'm going to get out of the city and make my way to the woods and just breathe.

I hope that these things will get me in touch with what's important to me and what brought me here.  I might not get around to reaching all of the goals on this list, but just identifying concrete steps I can take to rejuvenate myself is a good way to stop feeling helpless and hopeless.  I want to give my clients the best attorney that money could never buy.  And I want to make sure that my life, too, is fulfilling and rewarding, and that I am a good friend, sister, daughter, confidante, citizen, community member to others.

Monday, June 12, 2006

does it come with a pay raise and a fancy chair?

Over the past two months or so, I've developed a truly unbelievable caseload.  I bet all public defenders say that.  But I have the most bizarre assortment of headache-inducing, logic-defying, clients-who-I-no-longer-even-represent timesucks.  Where does the time go in a day?  I'm afraid to answer my phone or check my messages, because I'm over a week behind in returning phone calls.  I'm doing triage, putting out fires, for former and current clients, and it's hard to do when I have 20 cases scheduled per day in court.  Every case presents a new and bizarre twist, and juggling so many of them, I can hardly keep them straight.
 
I've been bemoaning my fate to all who will listen, and by listen I mean, not run away when they see me coming.  When consulting a colleague on a case that involved a former client of his, I weakly cracked an exasperated joke about the defense of absolute innocence that all of my clients seem to be invoking lately.  You know, the "every single person made up every single detail of that story," type of defense.
 
He responded cheerfully, "Don't fret.  You're going to promoted to the Innocent Defendant's Bureau soon!"
 
Ha.  The Innocent Defendant's Bureau.  I like it.

Sunday, June 04, 2006

Urban lingo

It seems that we associate a certain language to crime, and I wonder how much of it is accurate. For instance, the Baltimore Sun ran several articles that made mention of how John Mohammed referred to Malvo as "son" in his cross examination. The article pointed this out as an example of how Mohammed was a father figure to Malvo and manipulated him. I don't doubt that Malvo was manipulated by a man that he considered a father figure. I disagree, however, that the term 'son' is illustrative of that fact. I find that African-American men refer to one another as such quite often - regardless of age or role.

The New York Times has been covering a trial in New York City that has been charged as a hate crime based on the use of a word: you know, the N word. The crux of the case seems to be this: is it a slang term used in a ghetto-fabulous way, or was the attack solely racially based? That is, can people of different races assault one another without it being a hate crime? If so, does the N word change that? In all cases? How can you tell?

I think that's the tricky part with hate crimes. It's hard to tell what someone's motivation is. And, if in New York City, the only evidence is the use of the N word, is that sufficient? Perhaps the jury will let us know.

Tuesday, May 30, 2006

vacation reflections

I am still unsettled.  It took me days into the vacation to relax, and even at that, my vacation was more about searching for quiet and stillness.  When sharing a beach house with other young adults, sometimes that can be a struggle.

Spending time around couples who are young, fun, in love, and leading the life I thought I wanted to be leading right now is difficult.  Seeing them together is uplifting and inspiring.  I admire them for the relationships they've cultivated.  And then when I go to bed by myself, I am emotionally tired and very much alone.

I finally realized that I still feel powerless over my own life.  I have accomplished the things that I want to accomplish, for now, as far as concrete goals go.  I went to a palm reader for fun a few weeks back and left in shock.  You had everything all planned out, she said.  You've always had life planned out.  First this, then that.  But now, the things that you planned aren't working out.  One commenter in the last post wasn't so far off.  I do want to get married, get a house, get pets.  Have kids.  That's what I had planned to be working on right now.  But right now, it's not even on the radar, and I'm at a loss as to what to do now.

I think that I've convinced myself that I'm in the right location because I have the job I want, I work with people I like, I am around close friends who are also single and are in similar positions.  Being away from my new home for a while has made me realize that I don't have much interest in going back.  If I'm going to be lonely, I might as well be lonely in a quieter and more peaceful place.  I want to have a backyard and an old pickup truck and a quiet neighborhood.  I want to be near the people I know and love, but I'm not sure I can stay where I am.  I miss seeing trees and the ocean - the actual ocean, not just a commercial harbor - I miss swimming in green lakes ringed with pine trees, where fish will nibble your toes.  I miss burying my toes in the cool green grass and the wet dirt underneath it.  I miss setting up my lawn chair and grill and making drinks and drinking beers in the sunshine.  Living in a city has its attributes, no doubt, but the things that this particular city has to offer are mostly things I do not value deeply. 
 
Maybe it's time for me to move my life in a direction that feels less lonely.  Or maybe, at this stage in life, that's not really how things go.

A friend asked me how I ended up where I am now.  I thought I had the answer. 

Thursday, May 25, 2006

the real world sucks.

And I don't mean the MTV show.  I mean the real world.  Lowercase t, lowercase r, lowercase w. 
 
I left work at a reasonable hour and I took tomorrow off.  I have the whole night to myself.  What to do?  Hmmm.  I did a little window shopping, came home and ate dinner, made a batch of hummus [really disappointing, I have never found a good recipe], had a beer, checked the blogs, and now here it is.  7:30 pm.  I'm watching the first episode of Friends and guess what?  Aniston TOTALLY got a nose job somewhere along the way. 
 
So what am I supposed to do the rest of the night?  I could clear out the laundry room.  That's a task and a half.  I could finish unpacking my room and prep it for this weekend's painting.  I could watch TV all night, again. 
 
I'm bored, and lonely.  I get up in the morning, go to the gym, go to work, come home, make dinner, watch TV, go to bed.  Every once in a while, some weekend plans turn up.  I mostly feel like I'm going through the motions, the routine, but I have no purpose.  This is not as much fun as my mid-twenties were supposed to be.
 
How am I supposed to occupy my time for the next, oh, 30 years?

Sunday, May 21, 2006

locked down

1,000 Incarcerated Per Week 04-05

From the article:
"The jail population is increasingly unconvicted," Beck said. "Judges are perhaps more reluctant to release people pretrial."
The report by the Justice Department agency found that 62 percent of people in jails have not been convicted, meaning many of them are awaiting trial.
The racial makeup of inmates changed little in recent years, Beck said. In the 25-29 age group, an estimated 11.9 percent of black men were in prison or jails, compared with 3.9 percent of Hispanic males and 1.7 percent of white males.

Tuesday, May 16, 2006

false confession

The New York Times has an article on an inmate who is being freed after DNA tests concluded that he falsely confessed to the crime.
 
It is interesting to note that all courts denied the defendant's applications for DNA testing.  The reasoning was that the defendant knew too much about the details of the crime to be innocent.  Even though the DA opposed the testing, the DA then ran the tests on their own and discovered that indeed, the defendant was not the killer.
 
How could someone who knew so much be innocent?  Mr. Warney says that the cops fed him the information as they interrogated him.  I can't believe anyone is surprised.  Mr. Warney knew all the details because the cops gave it to him.  That's what convicted him, and that's what kept him behind bars, wrongfully, for years.  And that's why the courts continuously denied Mr. Warney's application for relief.  And if the DA hadn't had some change of heart (or a confession by another person) then Mr. Warney would continue to be a wrongfully convicted killer.  Mr Warney was expected to die in jail because of his fragile health.  Thank goodness something happened before the legal system killed him.

Saturday, May 06, 2006

falling off the wagon

After weeks of struggling to maintain my dignity, and somewhat succeeding, I had what I thought was a moment of strength and I emailed The Ouster. It was just small talk - i heard a song by his favorite group, which I hadn't heard before, and was totally caught off guard by it. I wrote the email, made small talk about music and other things, and sent it with a sense of finality. Now I'll know, I thought. He won't respond, and no more strings.

Except he responded.

And then I responded. ("WHATEVER YOU DO, DO NOT EMAIL HIM BACK" this same friend told me. I told her that she and I both knew I was going to ignore her very wise advice.)

And then he emailed back and asked me if I wanted to get together this Saturday.

Of course, I really want to see him again. I also still have very strong reservations about embarking on date #3 that looks a lot like dates #1 and #2. That is, a date that looks like drunkenly making out at the bar and / or getting booted after he's decided he's had his fun. I won't be able to see him this weekend because I already had something [really lame] to do and couldn't break plans. Not that I would for him anyway. So when I emailed him back, I let him know that this weekend was bad but asked him about next weekend. He hasn't bothered to respond. Now I have to wait.

I also caved and met up with Tenacious D last night. It was immediately disappointing and mostly a mistake. He's a good person, but still hasn't actually taken me out on a date despite all my pleading, and when I try to talk to him about why it's disappointing that he hasn't so much as asked me out in the past two months, he tells me it's because I'm always busy and out with other people. I don't like being told that it's my fault, but I can see that he must feel that he's giving me space that he wishes he didn't have to give me. Last night was awkward and I couldn't even stand to kiss him because I realized that it was really and truly done.

I was doing so well for a while there! 3 or 4 whole weeks... then, crash! kapow! Back to the same bad habits.

Wednesday, May 03, 2006

Monday, May 01, 2006

MIRABELLI IS BACK!!!

on being a public defender: to plead or not to plead?

It's not an uncommon dilemma.  Nonetheless, it haunts and perplexes your typical public defender.  What should you advise your client to do?  Take the plea or not?
 
I have two cases that are troubling me.  In one case I have been actively pursuing an alternate sentence.  My client has been in on bail for two months.  It is his first offense.  At first, the district attorney's 'offer' was a guilty plea and 6 months jail.  Then it was a guilty plea and 8 months jail.  It is clear from the nature of the charge that my client needs rehab.  I tussled with the DA over whether it should be residential and finally the DA and the court agreed (for logistical reasons) that an intensive outpatient program would be fine.  So my office has been working to get some community resources together to help my client get his life back on track - with employment, housing, treatment, and continued support.  Once this program is in place, my client can plead guilty and get out of jail, with the agreed sentence being whatever program is put together.  This case has taken a lot of time and energy, and I was well on my way to resolving this case when an attorney asked me harshly, "Why are you giving him a criminal conviction on a first arrest?" 
 
I don't know if I have a good answer.  I had asked the DA to consider an alternate disposition to try to avoid giving my client a criminal record, but my request was flatly refused.  That was back when we were looking at months in jail.  Suddenly I wonder if I'm wrong, and I've been working the case in the wrong direction the whole time.  Maybe he should go to trial instead - even if convicted after trial, the sentence would either be a similar drug program or jail time that my client would probably have already completed by that point.  But it would certainly mean that he wouldn't be getting out for another few months, at least.  And the facts / evidence pretty much points to "conviction."
 
My other case is also a first arrest.  If she agrees to pay restitution, she will avoid a conviction.  It's a good deal.  My client insists that she didn't do anything, and is angry that she was even arrested in the first place.  She believes that this is a vengeance issue, but after I did some investigation and advised her that she doesn't really have a good defense, and that the District Attorney seems to have a pretty solid case, she said "If that's what I have to do then I'll do it."  Should I tell her to just pay the money and be done with it?  Pay it, get no conviction, move on with your life?  If she really didn't do anything and this was just vengeance, then this won't be the end of the issues, I can imagine.  I just don't know what to tell her.

Friday, April 28, 2006

despite the fact that my 2nd iPod just crapped out

iTunes does not have the Local H version of "Toxic," which I love. I don't want to have to get online to listen to it when I need my fix.

Who can help me out?

thank you and good night.

Thanks for your kind words on my last post.  I should close comments on posts like that because it actually makes me feel crappy when people write and say, "Cheer up!" or "You're great!" or "You're so pretty!"  I don't want people to think I'm fishing for compliments.  I just occasionally write something to share with you what goes on in my head.  Now you know.  As an aside, I don't think any of those things I reported below are unique to me.  I think lots and lots of smart, attractive, confident, fun, capable young women feel this way.  Some days are better than others.
 
This week has been an interesting week.  At least half a dozen times this week I've thought, "I can't believe I get paid to do this!"  I am deliriously happy in this job.  There are good days and there are bad days.  But I know I'm in the right job when I'm thankful to get a paycheck for it, because I'd do it without a paycheck if I had to.  (You know, if I were independently wealthy and jobs like this didn't pay... then yeah, I'd totally do it anyway).  I have a few really interesting cases with interesting legal issues and interesting clients.  And I LOVE that this is all mine.  The clients are mine, the motions are mine, the strategy is mine.  I marvel at the fact that I get money in my bank account twice a MONTH instead of twice a YEAR and I DON'T EVEN HAVE TO PAY IT BACK!
 
This job rocks.  I hope you love your job as much as I love mine.
 
There will be an end to my navel-gazing at some point.  I'll write something substantive one day.
 
(But ooooh, I must look good today, because I've had two marriage proposals from strangers.  It's been a while!)

Wednesday, April 26, 2006

like, seriously.

I've started to notice that I'm filled with an astonishing amount of self-loathing. This is not something I'd like to process on el bloggo. Well, of course it is. But then I'm disgusted with myself for being one of those people who writes inarticulately about her life ["like, ohmygod, I totally like this boy but he doesn't like me back" and "I'm like, just so hard on myself and like, my therapist says I should love me more? and love me for who I am? and like, that is so deep."] In the same way that I'll actually 'practice law' for about an hour and then spend at least an hour hating myself for being dumb. Another example: Sometimes I like to write, but know that I'm terrible at it, and end up feeling incredibly stupid and childish after I try. I also hate just about every part of my body for an independent reason. I didn't realize this until today when a friend of mine, exasperated at my matter-of-fact explanation as to why I need plastic surgery on my gut, finally said to me: "You seem to be fixated on flaws that don't actually exist." Then she listed all of the ones that I've discussed with her. I was embarrassed. I'm still pretty sure they exist, but I suppose I'll go back to secretly loathing them. Then this same friend, a few moments later, also caught me off guard by calling me out on something else I didn't quite realize about myself: I believe that I am virtually undateable. I do believe that there is little chance in me finding someone who would love someone as flawed as I am. And there, now I've gone and said all of those things that I said I wouldn't say in the beginning of the paragraph and whoa buddy, I'm going to end up deleting this later.

They don't love you like I love you.

For those of you who might not have noticed, I rarely update my blogroll - as a matter of fact, there are many blogs I read daily that I do not have on my blogroll. However, there is a new addition that must be acknowledged:

IAN BROWNE HAS A BLOG!!

Ian Browne writes for RedSox.com. No one adores Ian Browne more than I do. NO ONE. Welcome to the world of blogging, Mr. Browne. Glad to have you with us! Love the blog!

Saturday, April 22, 2006

"spark"

I've been doing a lot of dating recently. I thought that getting to a point in my life where I was actually dating would be fulfilling. That's not actually true. What I did not realize is that, from a statistical / probability standpoint, it is more likely than not that the date will be less enjoyable than a night of "What Not To Wear" on the couch with the dog and a pint of ice cream.

I recently went on a date with a guy who was nice.

He was nice. And he didn't pay for dinner.

But above all, there was no "spark." I don't feel inclined to kiss him, or want him to kiss me. At what point does the existence or absence of "spark" become a dealbreaker? I am trying to decide, if he asks, whether I'll go on a second date. Should I give it one more try? Should I cut my losses early? Should it be more than that one factor in deciding whether or not to do a second date?

Thursday, April 13, 2006

thinking

I wonder how other people perceive me. I need to examine this more closely - in general, and in regards to my dating life.

There are certain types of girls / women who make me incredibly insecure in the dating world. What is it about them and why does it stab at my insecurity?

What do other people think of me? How do I come off? How do I make others feel when I interact with them? What does it take to click with me? What about other people draws out certain characteristics in me?

I asked a friend about how people perceive me and I was surprised with what I heard.

I'm taking a small break. I am going to relax, chill out, unplug, make plans with people I have not seen in quite a while. After a few days of that, I hope to feel clear and refreshed. And less bruised.

Tuesday, April 11, 2006

boys of summer

Work has me running ragged.  It's a week of late nights.  It could not have come at a better time - the salve of criminal procedure is a pleasant relief from my emotional bruises - but I'm a little grouchy and more than a little stressed.
 
But the sweet sounds of baseball instantly put me at ease. 
There is nothing more soothing to me than listening to a baseball game on the radio.

Monday, April 10, 2006

This does not bode well for the rest of the week

I was just about finished with my run on the treadmill this morning when my mind wandered to the contents of my gym bag.  I had included:
 
1 skirt suit
2 pairs of pantyhose, just in case one ripped
bra
underwear
gym towel
every toiletry known to womankind, including 2 shampoos, 2 conditioners, 2 moisturizers, 2 hairbrushes, and a hair dryer
flip flops
US Weekly
an umbrella (just in case!)
my trial ad book (might be helpful!)
 
and then I realized that I had forgotten to pack... a SHIRT.  Yes, that's right.  I had to go a whole different form of commando.  I put my jacket on over my bra.  Everything looked fine until I moved, at which point there was a flash of some serious skin.  I panicked.  There are NO clothing stores nearby.  I live really far away and can't go back home.  What's a girl to do?
 
Luckily, our friendly neighborhood drug store carries undergarments.  Victory!  Now I'm wearing a men's white cotton tank top and it actually looks pretty cute.  Score.
 
But let's be honest - this can't be the best way to start the week...
 
(and still no call or email from The Ouster)

Saturday, April 08, 2006

love will not find you tonight, part 2

Last night I went out on a second date with the guy from last week. We went to a nice bar that I had been to before. Like the last one, it was very dark and intimate, with couches, cushions, and candles around the room. The conversation started slowly, as we had covered just about everything in the 4 hours we spent together the previous week.

I was drinking slowly, too, because I'm just coming off a stomach virus, and I'm always tired on Fridays. I didn't want to drink myself into yawning on a date with a guy who gives me butterflies. But for all my efforts to drink slowly, he kept insisting that I keep up. He wanted me to have more and more drinks. We discussed our families, spirituality, the Seattle grunge scene, his livelihood, all in the midst of some really, really hot making out.

Before I went on the date, I was insistent that I wasn't going to make out with him at the bar again. No no, I was going to play hard to get this time. I wanted him to know that he'd have to work to charm me. Although I wasn't instantly attracted to him when I met him, last night I was insanely attracted to him. I really, really like him. He looked so good, and I could only ward him off for so long before I finally caved. We kissed, and kissed, and kissed, and there's a long period of time that we were kissing that I don't even remember, until the part where he suggested that we go back to his place and watch a movie.

Most of this sitcom's viewers probably realize that's not likely to happen at this stage in the episode. I, however, do actually believe that we'll watch the movie, then we'll probably make out on his couch a bit more, then I'll go home. I SHOULD HAVE KNOWN BETTER.

We went back to his place and I know he likes scary movies, so I picked "Exorcism of Emily Rose" which I did really want to see. At first we were sitting on the couch. Then the light goes off. Then he wants me to lie down next to him. He has his arm wrapped around me; he wants to make sure I'm comfortable. I was happy. He definitely kept wanting to make out, but I tried to keep him in check while I was watching the movie. And like everything else, eventually he won and the movie was turned off.

Some more hot making out ensued on his bed. The making out was a little hotter than I had intended, but it was HOT. I was taken aback that this kind of quiet, smart, funny, cute, slender guy was pulling moves like he was pulling. But no doubt I was enjoying myself.

So the whole night sounds great, until the next 60 seconds: after we had stopped making out, we both nodded off for a moment. I got up to go to the bathroom and when I came back, something had changed. He was up, getting dressed; he was trying to help me find my shirt. It had suddenly become very, very apparent to me that he wanted me to leave.

There is little that is more upsetting, offensive, insulting than that.

I quickly pulled my shirt over my head, refusing to look at him. As I put on my shoes he asked, "Are you ok to go home?" I thought about my answer for a moment. No, he didn't ask me to stay. He asked me if I was sure I was ok to go home. I said tersely, again without looking at him, "I'm fine." As I slipped on my shoes he asked me again. "You sure you'll be ok? You know, this late at night." Again, I thought, What am I supposed to say? "Actually, is it ok if I stay here and spend the night with you?" I'm not going to ask that! So as I slipped on my shoes and turned and opened the door without so much as looking at him again, I said, "I'm fine" and I jerked the door shut behind me.

I walked down the hall to the elevator and every nanosecond I so very much wanted him to call after me, to follow me down the hall, to grab my arm. But he didn't. I got to the elevator and got in. I heard someone walking down the hall at a moderate pace. The doors closed before I could have my fears confirmed that it wasn't him at all.

I left his building. I called my best friend. I cried. I didn't have enough money to take a cab all the way back to my place, so I took a cab back to her place and was crying on her couch 20 minutes later, at 4:30 am. I cried because I was disappointed. I cried because I was afraid that maybe I overreacted and that maybe he wanted me to stay and was trying to get me to stay and that I'll never see this really, really great guy who gives me butterflies in my stomach again because I walked out the door.

He never called to see that I got home ok, even after I told him how I DID NOT get home ok after our last date.

Now it's 5 pm. He still hasn't called. I called a few friends for advice - no one picked up. Finally I called the friend who tells me exactly what I know I need to hear, but I can't bring myself to believe.

You should have walked out, she said. He should have asked you to stay. It's shitty that he was kicking you out. He could have come after you, at least to call a cab or go downstairs and make sure you get in a cab ok. 'But what if he wasn't trying to kick me out? What if he mistakenly thought I wanted to leave? What if he was trying to ask me to stay?' No no no, she insisted. If he wanted you to stay, he would have asked you to stay. He would have run after you. 'What if he didn't know I was upset? What if he didn't realize what was going on?' No no no, she admonished. He knew. He knew exactly what was going on. He could have at least called to see if you got home ok. He didn't. DO NOT CALL HIM. If you call him, you'll see him again, and the same things will happen, and just like with Tenacious D, you'll let him get away with this and you'll be upset anyway. If he calls you, fine. But if he doesn't, then at least you know now rather than later that he isn't for you.

Every girl I've spoken with agrees that it was the right thing for me to walk out. I mean really, what other choice did I have? I wonder what the men out there think. What happened?

The entire time we were together on both dates, I couldn't help but feel the nagging from that little (ok, really loud) voice of insecurity in my mind. I couldn't help but think, "Why me? Why is he with me? Why is he so into me? Why would an attractive, smart, funny single guy be so focused and psyched about ME?" To be able to continue forward despite that anxiety and that insecurity takes effort - and I did it anyway. I liked him. I liked talking to him. I liked kissing him. And it's so harsh to get the realization that in the end, oh yeah, he really isn't into me. That whole time that you finally managed to get past your insecurity was actually a mistake. I feel like I'm back to being a 100% insecure, nervous, risk-averse 20-something with no ability to formulate or even simulate healthy relationships with members of the opposite sex.

I can't help but hate myself for doing what will ultimately end this otherwise really good dating experience - even if it actually was because something in the dating experience went amiss.

I wish he would call.

Thursday, April 06, 2006

what it's like to be postal.

On Tuesday, I received two of those "sorry we missed you" notices from the post office. One was dated 3/22. The other was dated Monday. The Monday notice also indicated that it was the LAST NOTICE and the letter would be returned to the sender on 4/6 (today). I was annoyed that I received both notices on Tuesday, since one was three weeks old. Nevertheless, the next morning, at the crack of dawn when I usually leave for work, I braved the driving wind and rain and duct taped (quite firmly) both notices to the door with instructions on where to leave it. Those two notices sat there, firmly taped to the door, for two days.

Today I got home from work early (fluke), and seeing that the notices were still on the door, walked down to the end of my block to the post office. I gave them the notices and they asked for ID. I provided ID. They told me that since my ID did not reflect my new mailing address, they would not give me my mail.

Huh?

I've picked up mail before with this ID, I explained. Usually it's sufficient since it's photo identification, it has my name on it, and it's clearly my face. The postal worker was not swayed. I have no way of picking this up, then, I said to him. He then started saying something about state and federal law. I was not swayed, either. I showed him the duct tape and said, "These have been taped to my door for two days. Why can't I have anyone redeliver it, if I can't pick it up?" Taped to the door? he asked me. He was puzzled. Annoyed, I responded, well how else am I supposed to let the mailman know I want this redelivered? You have to call and tell them, says the postal worker.

Where in the instructions does it say I have to call anyone and tell them I want my mail delivered? Nowhere. I've never once encountered such a rule. He took one of the notices and said he would tell them to redeliver it tomorrow, with the instructions for where to leave it. I thanked him and left, thoroughly annoyed that I still didn't get the letter that my baby sister sent me three weeks ago.

Then I returned home with high hopes of taking the extra time to clean my room, pay my bills, organize, etc etc, and instead immediately fell asleep across my unmade bed. As is my usual practice, I disrobed immediately upon entering my room. This meant that when I was awakened by the doorbell 45 minutes later, I had to dig for clothing to put on, find some flipflops, run to the door.... just in time to see the mailman walk down the street and around the corner. I yelled after him, to no avail.

I just want my letter.

Tuesday, April 04, 2006

on being an attorney: ya know, stuff.

I've been a bad blogger. Honestly, I don't have the time to sit down and write as things strike me. My day pretty much always looks the same: gym, commute, work, commute, dinner, bed. Repeat. There are moments in my day that feel good. There are moments in my day that don't feel so good. I'm loathe to share too much on the blawg because I'm afraid of somehow revealing too much - compromising my anonymity or my professionalism or something. I'm still trying to strike the balance.

It's remarkable how far I've come in 6 months. I feel exponentially more confident about what I'm doing in a day, but every day I realize how far I still have to go. I think that's a great place to be - just the right blend of knowledgeable and ready to learn. I've developed very good relationships with my colleagues - in my office and in and around the courthouse. I think people respond well to me, usually. Sometimes it surprises me how friendly and responsive other people are to me. I think I'm really lucky to work in such a collegial environment.

Now don't get me wrong. I feel pretty adversarial usually. But it's nice to get a kick in the teeth from someone who is smiling and treats you respectfully. A smiley, respectful kick in the teeth. Yes. That's how I like it.

There are more stories to come, I promise. But for now, the Red Sox are on.

Friday, March 31, 2006

Thursday, March 30, 2006

today was a good day

I had a date last night.  We met for drinks.  We were there for more than 4 hours.  Things went well.  Today I'm very sleepy and staring off dreamily into space.  This is what it feels like to meet someone you genuinely like.  Someone who gets you drinks, who laughs at the guy who moved in in his absence, and offers to go back to the bar just to watch the hilarity ensue again.  Someone who kisses you, and wants to kiss you, and is excited to kiss you, and doesn't want to stop kissing you.  Dreamy sigh.
 
Gmail is offering (the ads at the top) to send me one free french horn.  That's not an offer you see every day.  To that, I raise an eyebrow.

Sunday, March 26, 2006

Last week, the New York Times; this week, the Washington Post.
Singles Don't Have Time to Date
Erica Jong finds love and intimacy in monogamy
Marriage is for White People

I'm never buying a Sunday paper again.

Saturday, March 25, 2006

love will not find you tonight

The blogging has been light because life has been busy. Not busy in a "I have a lot to tell you about" sort of way - more of a busy in a "I have nothing to show for how I've spent the past 6 months" sort of way.

I suppose that's not exactly true. I might have a story or two. Nudged by a friend, I embarked upon what my coworker affectionately refers to as "power dating." I tried online dating, speed dating, and the usual - meeting men at bars, through friends, etc. I started a different blog to chronicle all the escapades and then after a few posts just gave up. Maybe I'll try cross-posting them here later on.

I don't think I have much to show for this experiment. Right when I started online dating, I started seeing a guy I met at a bar. My former booty call wouldn't stop calling. And then a friend of a friend coerced me into taking him home. What do they all have in common? All of them are only interested in sleeping with me. The guy I met at the bar, Tenacious D, might have had more interest at some point. If nothing else, we'll at least grab a few drinks before he makes his way home with me.

One night Tenacious D and I had plans to see each other and I was excited about finally having a nice, sit-down dinner date. We had met up for drinks a few times, he had come over a few times, but we never had an actual romantic date. That night, I did not hear from him until 6 pm. I was incensed. I nevertheless met up with him after I had consumed a hefty amount of vodka with some coworkers. I'll skip the details of the evening and fast forward to the part where we left the second bar to go home and I drunkenly decide that I'm going to ditch him. I start walking (or drunkenly wobbling) away and he ran up behind me. "Whoa. Where are you going?" He ran up behind me. But it was too late. I started crying. Full on sobbing vodka tears, in the middle of the street on a busy Friday night, still in my suit.

I didn't know at the time why I was crying, but I thought about it, and a day or two later I figured out that I was just so sorely disappointed. I wanted to have a nice romantic evening with him, and he was content to just sit at the bar and drink, and talk to his buddies on the phone, and watch sports on TV. I'm not opposed to these things, but I had been so excited for a night that never materialized. When he asked me why I was crying, I said it was work. He was actually very concerned at my outburst. He was very sweet and responded better than I would have expected. When I think back on it now, I wonder if that's what it takes to galvanize this man to be who I want him to be.

The following week I finally told him why I had actually been crying. He was interested in what I had to say, but I think I gave him too many outs. I told him that it wasn't fair of me to expect something I had never articulated with him - he couldn't be responsible because he didn't know. He agreed, of course, with my excuses for him.

A few days later I called and left him a message. I was going to be in his neighborhood for work later in the evening. Did he want to meet up for dinner? He agreed to meet me, and gave me the name and address of a bar at which to meet him when I got out of work.

I should have known better.

I show up, and it's a hopping happy hour, with young professionals hanging off bar stools, music blaring, people pushing their way through the crowds to the bar. He isn't even there - he moved to a different bar. He came back to meet me and said, "Well since we're here we might as well go in," at which point I turned and glared at him in disbelief. "No. Absolutely not," I said. I was not in the mood for a crazy drunken happy hour. I wanted dinner. Just like I said in my message. Dinner does not mean gnawing on chicken wings at the bar. So where did he take me next? To a sports bar. At that point I think he realized that I was just pissed, so he said "Why don't we try this Cuban restaurant around the corner?"

We get to the Cuban restaurant and he won't even go in - it's too ritzy for him. He referred to it as "Chez Whitey." [Perhaps this is where I should mention that I am white, he is not.] My feet are tired from staggering around in impractical heels, plus I'm wheeling around my very large gym bag, and I'm hungry, and I have to go to the bathroom, and I'm annoyed. He suggests that we go to a Mexican restaurant a few blocks away. (He did not mention the name of this restaurant.) As we walk there, we pass an Applebee's. He said, "Do you want to go there?" to which I responded with a resounding NO. He laughed and asked why I was so anti-Applebee's, and I gave him the short version: I'd had a bad date and any guy who subsequently suggests Applebee's is automatically gone.

We arrived at the restaurant that Tenacious D suggested and when I walked in, I immediately said, with an air of finality, "This is like a Mexican Applebee's." Tenacious D laughed, hard. Then, realizing the import of these words, suggested we go somewhere else. "I know this little Caribbean restaurant not too far..."
"No," I said. "We are staying here. I am hungry. My feet hurt. I have to go to the bathroom." Then he started to get angry. "You clearly do not want to be here. Let's go somewhere else." I refused. He insisted. I refused. "Well," he said quietly, "given what you just said about Applebee's, and then you called this a Mexican Applebee's..." That right, I thought. You draw your own conclusions. I sat down, drank a margarita that came in a glass the size of a bucket, surrounded by cheezy 'Mexican' or 'Western' themed furniture, and thought that the only thing that was missing from this absurd scene was a singing cactus on the table.

Now, I don't want my readers to think I don't frequent restaurants such as this. There's one in my hometown that I go to every time I go home, and I love it. Margaritas, tortilla chips, things covered in mountains of melted cheese... mmmm. But this was my second attempt at going on a DATE with this guy. Restaurants such as this one don't exactly inspire romance. It seems that in the end, he just wants to be my drinking buddy. Until the end of the night, of course, when he decides that he just might be inclined to show half an ounce of affection, and tries to carry my bag for me, because he wants to go home with me.

Of course, it doesn't end there. The next weekend he called me at 2 am and I let him come over. I think it's safe to say that the relationship was officially dead that night. He stayed way too late the next day - I couldn't wait for him to leave. I just wasn't interested in him anymore. Then I caught him 'trying to use' my cell phone when I got out of the shower, but I had changed his number to 'Disappoint Cell' and he was looking at that name in my list of received calls. I freaked out. I don't think he figured out it was him. We used to have fun hanging out, but now I'm just exasperated, and sick of trying.

So last night, around 6 pm, I received a voicemail from him, asking me to a movie. I was excited to hear his voice. In his message, he conceded that he knew it was late in the day and he knew that I like to set my plans earlier than that, but he wanted to see me if I was around, and asked me to call him. Knowing that I was going to cave, I immediately went to the friend who I knew would tell me not to see him, at all, under any circumstances. She didn't let me down. I was going to go out with another friend who was meeting up with her friend "NonSportsGuy," who had coerced me into going home with me one night. I like him a lot. I like him more than I've liked a guy in a while. But, he came over, we made out, and he left the next morning without asking for my number, and I haven't seen him since. I knew that if I met out with them, I'd want him to like me, and I'd break down and let him come home with me again, and if he didn't want to, then I'd call Tenacious D to come home with me at the end of the night instead. I know myself well enough to know this is what would happen. Since they are all unhealthy, unproductive choices, I forced myself to stay in last night.

It was actually difficult knowing that there were two men out there that I could see, especially since I felt lonely and unattractive, and in need of some attention from the opposite sex. It took all my willpower not to change my mind. It took all my willpower not to answer the phone when Tenacious D called at 2 am again this morning.

I have another date or two coming up, but for all intents and purposes, I'm on a dating timeout. I don't feel attractive or desirable. I have not had a boyfriend in almost 7 years. SEVEN YEARS. I acknowledge that part of this is attributable to the fact that I like my independence - I like to come and go as I please, I like to plan my days and weeks without regard to anyone else - but I haven't found anyone that I'm interested in making time for on a regular basis (now that Tenacious D is crossed off the list). My dates are not successful. The guys who do take me on the types of dates that I want to go on usually end up being guys that I can barely hold a conversation with.

I'm still so afraid that love will never happen.

Wednesday, March 22, 2006

the off-season makes me jumpy

First Johnny Damon, then Bronson Arroyo (I love you!!!) then Willie McGinest and now Adam Vinatieri?
 
New England sports, you are so fickle.

Sunday, March 19, 2006

Nemesis: New York Times

Shhhhh. You hear that? Tick, tock.

Today I had a wonderful Sunday planned. I was going to meet a friend for brunch and some concentrated window shopping. While waiting for my friend, I picked up a newspaper. I LOVE Sunday papers and coffee. I read 7 newspapers online every morning. This morning, I decided I'd pick up a NY Times, since it's the paper I have the least tolerance for online and it has the most reading material. (That shit is NOT cheap!)

I did have a nice brunch, and pleasant window shopping. Then we retreated to a coffeeshop to read the paper. And behold, today was Conception Sunday! at the New York Times. There were extensive articles about women partners in law firms, about choosing to be a single mom through artificial insemination, and several other articles along those lines.

I've been doing a fair amount of dating recently, quite unsuccesfully. Only two guys I considered seeing again: one who said he wanted to "keep in touch" after the first date but has since not corresponded; and one who I finally decided yesterday not to see again. I decided not to see him again, after dating him for a little over a month, because he seems to be content to be my drinking buddy and then have sex with me. It doesn't bother me that he wants that, but I don't. He can look for it elsewhere. Dating is really tiring. It takes a lot of energy to invest time and interest in someone else. It means giving up quality time with my closest friends, or quality alone time, to put on layers of makeup and fret over clothing and make small talk. I'm going to stop dating for a few weeks to get my life back in order and to regain some sanity and perspective. I assure you it won't be hard to give up dating. It's not something I do very often anyway.

Then the New York Times comes up with Conception Sunday! and now I'm sitting here wondering if this will be me. Will I be considering suitable sperm donors? Will I tiredly concede that the life I wanted to lead just isn't going to happen, and that I'm going to have to go on anyway? How do I know if I'm going down the wrong path? My planner has three weddings and a baby arrival scheduled for this year. None of them belong to me; I just bring a token gift and the sneaking suspicion that I'm That Single Girl everyone pretends to envy but secretly pities, since all I have to show for my days are a pile of empty wine and beer bottles and loads of excitement about the 4th, 5th, and 6th Amendments. My life is generally fulfilling to me, except for moments like this one, when I am suddenly seized by the fear that OH MY GOD THIS IS ALL WRONG.

Thanks, New York Times, for ruining This Single Girl's Sunday.

Wednesday, March 15, 2006

Monday, March 13, 2006

reminder

Today I changed the name of a suitor from "Mike Cell" and "Mike Home" to "Disappoints Cell" and "Disappoints Home" just to remind me not to get excited when he calls, because he has consistently disappointed me.

Wednesday, March 08, 2006

on being an attorney: the inexplicable

I found out today that one of my clients killed himself.

For all the crying I've done at work, I didn't cry today. It helped having a social worker break the news to me. I didn't cry, but it took me a few seconds to realize what she said. I've been thinking about it all day. I didn't have a lot of contact with this client, but I had engaged with several other advocates on his behalf and it was looking like we were going to get an ideal disposition.

It made me realize that sometimes I have very little contact with my clients, and frequently I have no idea what is going on with them between court dates, especially if they're not incarcerated. Even though I'm working hard on their case, and I might be making a lot of progress in a legal sense, I could actually go through a few court dates without knowing that something had happened to them.

This client would have been memorable to me regardless of the news I received today. I clearly remember the first appearance, and how plaintive and sympathetic he was, what a kind and gentle manner he had about him, and I was ENRAGED by how unreasonable the DAs were being - which is why the case wasn't resolved quickly even though it should have been.

Maybe I should have let him know how much progress we had made on the case. Maybe it would have been news that was good enough to get him through.

I've been here four months, and I've already had an interlocutory appeal, a potentially incompetent client, several clients who have made the front page of the newspaper, and now this. It feels to me like I could easily get enough experience in a year to fill a textbook.