September 1, 2006 saw me taking my first wobbly steps into the law school abyss, living in fear of the sound of my name, and resigning myself to a very long three years of public humiliation on a regular basis. That was then...
The case is Leonard v. Pepsico, the class of course is contracts, and the mission that fate has so cruelly dropped in my lap is to defend a plaintiff so stupid, so completely unreasonable that no rational human being could possibly hope to win the case. "Ms. Wareham... Wareham is that it? It's pronounced 'ware-ham'?" Never before have I so hated the sound of my own name. I nod. "Tell us your thoughts on this case." I took a deep breath, closed my eyes, and laid my head on the chopping block. I wouldn't be needing it anyway; it was defective!!! It seemed to have sprung a leak, because for the life of me, I could not call to memory what I had read, nor was I capable of making sense of my case notes. "Well...I would say that I have to agree with what has been said regarding the reasonable person standard. I don't see in this case how the plaintiff could have honestly thought the commercial was making an offer when it was so obviously meant to be a joke." The professor stares me down for a moment, the class is shrouded in silence. "You know what side you're defending, right?" Of course I do. How could I not? "Okay, did you want my personal opinion, or my opinion as member of the Leonard camp?" The response is swift and unforgiving. "Ms. Wareham, do you think a judge is going to care what your personal beliefs are when you're at trial? Of course they won't!" A low rumble of poorly suppressed laughter ripples through the room. "Now again, I ask what your take is on this case." Right. "Well the plaintiff saw the commercial as an offer, to which he responded with an acceptance in the form of his completed order request and the money for the jet." Silence. The professor turns to the other side of the room, demanding a rebuttal to my assertion. Am I off the hook? Response is offered, and again he turns to me. "And what do you say to that?" "The commercial makes absolutely no distinction between the items you can purchase with product points and those you cannot. If the intent was merely a joke, which is evidenced by the fact that the revised commercial indicated as much, the company should have explicitly stated as much." Did something so utterly stupid and contrary to what I actually think just escape my lips? I'm a lawyer already. The professor continues. "Then the dispute becomes one of fact. Would a reasonable person think this is an offer or not? If we in fact have a dispute, then summary judgment, which is granted in this case, is not appropriate. It should have gone to a jury. But why don't we want this case to go to a jury? Do you know what kinds of people sit on juries?" I hear my thoughts out loud. "People that aren't smart enough to get out of jury duty?" He smiles ever so slightly, raises an eyebrow, and accuses me of reading his notes. "Unemployed people that aren't smart enough to get out of jury duty." This time the laughter is not at my expense. And he moves on to his next victim.
And this is now. I sit in Federal Income Tax, wearing my boredom like a pair of mirrored sunglasses. The professor doesn't seem to see his reflection. He is awkwardly firing off names from his attendance sheet, trying to get a Socratic dialogue going. I am unfazed. I know that my classmates are equally disengaged because I can see their screens: solitaire, Facebook, Ebay, and email, but no notes. No one is taking notes. I'm pretty sure I haven't heard a word that has been said for at least the last three weeks, with the possible exception of when the professor shot down an anomalous attention-payer by telling the student his question was incoherent. It really is true what they say. The first year, law school scares you to death. Probably because all of us were used to being "the smart ones." And that first year is only successful if you finish with no self-esteem. The second year law school works you to death. Class, job, extracurriculars, seriously. It's a good thing we don't have any self-esteem left, because a mentally stable person would choose life. And the third year law school bores you to death. No self-esteem, no quality of life, and the new found distraction of job searching during class. Like the last three students who have been called on in this class, I think I'm going to need a pass. Why? Because I'm dead, three times over, and I'm clearly not paying attention.
Thursday, October 9, 2008
Dear Socrates, I am no longer impressed.
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