Today was my last day of Intro to Legal Studies. We had to write a brief “essay” (much like an exam answer) in the legal writing class, and we had a one essay question “exam” (on adverse possession, which, for you non-legal folk, has nothing to do with head spinning and pea soup) in the legal analysis part. I’m confident I did well enough on both of them, but I actually felt better on the exam than the other. Go fig.

Now the real, substantive courses begin. Tomorrow I have Legal Skills 1 and Property 1. I’ve done my reading for both, and briefed the John Marshall-written Johnson v M’Intosh (yes, M’, not Mc). I even did some online research to make sure I understood that case (it’s from 1823 so the language is particularly obscure in places). I have my notebooks, folders, pens and highlighters, but still my old iBook (just killing me to wait to get a new one) and my old backpack (I need to get a rolling one–these books are HUGE). So, I’m ready… enough. 

Prepping for this moment, even with all the practice I had in the Summer Enrichment class and the Intro to Legal Studies, brought a new set of feelings. First, I have to say that it feels like a crime to write in the casebooks. They cost $140+ each, and the first time I laid highlighter to the page, I felt terrible. I’m sure I’ll get past it, but it bugs me. 

On a bigger level, taking the plastic wrap off the Property casebook (the first unwrapped) brought home the fact that I’m accepting the commitment to this. By slicing into that plastic, I was taking the final step of leaving the life I’ve known, and immersing myself into this new world. 

It’s a different world. It’s got new rules and customs, new geography and, clearly, a different language. It’s terrifying and exhilarating and I’m sure it will be thoroughly confusing at times.

I so hope I’m up to the task of learning its ways.

I mentioned before about the great bus pass deal. Unfortunately, the pass isn’t good until September so I have a week of trying alternatives. It’s $5 round-trip by bus without the pass so that would be almost half the cost of a pass in one week’s riding. Today I decided to drive. I had to get to campus very early to find street parking, and it’s still a bit of a walk. Not too far, but it will be uphill this afternoon in the heat. Ick. I even brought my computer with me, to get a feel for the heft of hauling it with me, and to do some work during my break between classes–that means carrying it as well, uphill.

I may have to get a bag with wheels, I think. I’m not even carrying any of the heavy books and my bag is full and weighs a big plenty. While the walk from the bus isn’t far, it will be much easier with a wheeled bag. Unfortunately, I haven’t seen one I like aesthetically and when I do (if I do), I bet it’ll be more expensive than the cheesy Staples ones.

More money to spend. Eeek.

Anyway, so here sit in The Castetter Courtyard (named for a former dean of the school–his plaque includes the somewhat curious in this context quote “Every day is a good day, but some days are better than others”), not studying, which is what I should be doing, I’m sure. I’m prepared for today and have done a bit of reading ahead already. I’d like to get more out of the way, though. I figure the more I can get done in advance, the better, since I know I’ll hit a wall sooner or later. This way I’ll have a bit more time flexibility over the trimester. Or at least that’s my theory. 

I guess that means I’d better get to reading.

My afternoon session is taught by Professor Barton. He was the professor I saw “in action” during my Trustees’ Scholar visit, teaching Civil Procedure and talking about issue preclusion. I liked him then, and I still do.

He’s an interesting figure. He looks nothing like his picture on the school’s website, but there he has a beard (none now) and is wearing a dark suit. I’ve seen him several times on campus and I’ve never seen him in a dark suit. Yesterday, he was wearing a fabulously natty green seersucker, for example, that he had clearly had tailored as it fit his small frame exactly as it should. So many attorneys are rather poor dressers but he seems to be an exception. 

As I mentioned, he is a physically small man–a bit shorter than I–fine-boned and slim. But using the word “dainty” would be entirely inappropriate as he’s not effeminate at all. In demeanor, he reminds me pleasantly of a very intellectual Mr. Rogers–kind, helpful, and wicked smart. There is something almost “southern gentleman” about him (maybe from his Tulane days?), but without the subtle sexism that usually comes with that attitude. He’s gentle, but determined–he clearly wants us to do well, doesn’t want to make things harder than they have to be, but at the same time obviously expects us to work hard and won’t be a pushover. 

I share all of this because I want you to have a clear image of the sort of compassionate-yet-frank man I think he is. That way you will understand the following story all the better.

At the start of his class yesterday, we all had to introduce ourselves. We were to say our names, where and what we had previously studied, and where we were from, and we were given the option to share one of our first trimester goals with the others students (writing the goals had been an assignment). After each person spoke, Prof. Barton usually said “Thank you” and occasionally made a comment. For example, after I spoke he said “I’d welcome you in French, but I don’t speak the language…it’s something like ben-venu?”

You get the picture.

When he got to the back of the room, a young lady introduced herself and offered to share one of her goals. With nervous laughter she said “I want to make two As in my first trimester.” Professor Barton responded, “Interesting and admirable goal… statistically improbable, though.” He went on to say that it wasn’t anything against her–it was just that the chances for any student to get more than one A in her/his first trimester was statistically unlikely. 

Coming from him, that depressed the hell out of me.

Today was my first day of law school…officially…sort of. From today through next Wednesday I have Intro to Legal Skills from 9-11 and 1-3 each day. 

I decided to try the bus, which is my intended mode of transportation to campus. It worked very well. It takes about 900 steps to get to the stop from here (yes, I counted) and the bus stops downtown about the same distance from school (uphill, though, when arriving). The total time on the bus was 20 minutes headed to school and about 25 returning (more stops). Yes, one bus, luckily. And there is one that heads for home 11 minutes after class lets out, so I don’t have to wait around for it.

I can read on the bus, but I wonder how anyone larger than I am fits in the seats! I can just get my legs in, pressed up against the seat in front of mine. Still, it’s cost effective. I bought a student monthly pass for September for $51.20 (too late to get an August pass). As it costs about $45 to fill my tank these days, plus the hassle of finding parking and/or paying to park, that’s a deal. 

The class itself (it’s one class but split in two sessions) is, so far, pretty redundant from the Summer Enrichment class I took. I take that as a good thing, though–I’m better prepared than those students who didn’t take the summer class. I already know how to brief and what the tests will be like. I also already have a basic understanding of defamation and some other issues like the death penalty and birth-related issues (abortion rights, etc.). 

In the afternoon part of the class, we’re going to be discussing adverse possession. By focusing on that one topic, we students will get to understand how a class works, why we read the cases as we do, what the discussion is like, how to brief and outline, and what an exam is like–all things I’ve already done. In the morning part, we’re going to write and critique each other’s writing. I had to take a grammar diagnostic test (online) and today we produced writing samples for the teacher to evaluate. Unfortunately, because she went over in her lecture, we had about half the time we should have had to write the sample. 

I think the writing part will be rather boring for me, but I’m glad they are doing it anyway. I’ve already read some classmates’ emails and there are often significant grammar and spelling faults. I think that most students don’t get much grammar in school anymore, so this brief workshop-like class will help. 

So, it’s Friday and I’m looking forward to the weekend. Tomorrow there is a Welcome New Students picnic thrown by the school (free food!) at Mission Bay, then Christopher and I are going to go to San Diego Bay and look at the tall ships in port for a weekend festival. Sunday I will be doing my homework and trying to prep for the week ahead. 

I’ve already done part of my reading, though…on the bus.

Today I went through orientation at school. I was concerned it would be more touring of buildings and the like, but in fact it was a day spent in the oddly ornate

Moot Court Room at CWSL (click for larger version)

Moot Court Room of the main classroom building, listening to various speakers talk about what to expect as 1Ls and how studying at CWSL is different than many law schools. I think the fact they started off by handing us spiffy CWSL book bags with a planner and pen inside was a nice touch, and there were breakfast yummies to get the blood sugar up before the events began.

We heard from the Dean, the Asst. Dean of Admissions, and then my favorite professor (at least personally, as I’ve not had class with him yet) William Lynch, who is just a couple of years younger than Dad, I think, and a Southie from Boston. He told us stories about his law school experience at Boston College Law in 1953, and how miserable it was (he got called on the first day and when he mentioned the professor who did this, he paused and added “May he rot in hell”–good for a big laugh from us students). He then let us know that while the Socratic method is used at CWSL, it is done so with kindness and “love”–that is, that students will not be humiliated à la Paper Chase. We’re expected to do the work, of course, and always be prepared to respond in class, but the attitude at CWSL is very different from other schools. 

We then heard from the Student Bar Association president and another professor who spoke about the Creative Problem Solving sub-specialty offered, then the Associate Dean of Academic Affairs who explained the curve system (ick) an how it is interpreted at CWSL and how they handled students in academic difficulty (lots of extra help first, eventual dismissal).

The Assistant Dean of Student and Diversity Services spoke briefly, followed by the Assistant Dean of Career Services (he was hilarious) who emphasized that they will be working one-on-one with each student starting after November 1st. Making sure we each find our own niche in the law is very important to them, he emphasized.

Finally, we heard a keynote lecture from the Honorable Judith Haller, CA Court of Appeals Justice and alumna of the class of 1975. She gave a lovely talk about ethics and civility in the law and then she administered our Student Oath, which also emphasized similar points (”I pledge to maintain high ethical standards of conduct and to promote the values of tolerance, respect and civility…”).

Then they fed us lunch and we played Human Bingo to get to know our section-mates and also got the chance to ask some 3Ls for the inside scoop. 

A packed 5 hours of orienting. 

Tomorrow I have my first day of Intro to Legal Studies. My homework is done. I guess I’m as ready as I’ll get.

Monday evening I had my first final exam even in law school. Even though this course wasn’t part of the “substantive” curriculum, the materials covered were (mostly) cases we will be discussing in later classes, so this wasn’t some fluff class. In fact, one of the guest lecturers mentioned how she didn’t even understand parts of what we were studying and how other cases were ones she taught in second or third year courses. 

The exam itself consisted of 9 multiple choice questions (short essays to read for each) and then two differently weighted essays. Because I have but a lowly pre-Intel iBook, I could not take the exams on the laptop (software is Windows only). I’ve been trying to wait it out for the new MacBooks to hit the stores (rumor has that in late september but I’m not sure I can wait that long), so I was forced to write the test by hand…all three hours of it. I ran out of ink in not one, but two pens, even, and my hand looked like a claw when I was done. When was the last time you wrote for hours, by hand? I bet it’s been a while. It was literally painful and not just for the older folks–the girl next to me was maybe 22 and she was just as sore by the end of the test.

I have no idea how I did. I’m confident I got 7 of the 9 MC questions right and I think I got the last two as well, but I’m not as sure. The essays, well, I used up almost all the time (I finished with 3-4 minutes to spare) so I wrote as much as I could, and there was very little fluff in what I wrote–I’m sure I didn’t fail, but how well I did I have no idea. Let’s say I’m hopeful I learned the lessons of the midterm, but not confident. 

Tuesday morning I had my second visit with an acupuncturist. I figured it would be better to get pins in me after the test, rather than before. My first appointment had been the previous Friday and was quite interesting, but I figured the second visit would tell the tale more clearly.

In the first appointment, Eric and I talked for quite some time after he reviewed my history. He asked loads of questions that seemed occasionally disconnected from my concerns (and oddly fixated on my menses, I thought), which were mostly about the whole butt issue and the general left sided tightness and pain I get. As I have been saying for over a year, it just makes sense to me that there is some sort of physical cycle going on here: get exercise, get tightness, get butt problems, stop exercising, pain goes away…but I do not want to stop exercising! Anyway, so he asked a billion questions, then took me into the exam/treatment room and looked at my tongue for a while, then felt my pulse on both wrists, but for far longer than the regular docs ever do. He pronounced my qi thoroughly a mess (spleen qi vacuity with some other issues) and said he’d have some dietary info later. After that he poked me in the buttcheek a bit (with his hand) and got to work. Needles were stuck in my butt, lower back, back of my left thigh, in both calves, and one in the top of my head (to draw the qi up, in case you were wondering). Electricity was run into some on the butt/leg, which made my foot jump involuntarily (very odd!) at first. A heatlamp was positioned on the needles in the small of my back, and I was left to “cook” in a darkened room with soothing music for a while. 

During the “cooking” time, I could feel odd sensations. There was definitely something going on, but what, I wasn’t too sure about. I felt almost discomfort in some places, and then release, and then…well…just different. Eric came back in, unpinned me, stuck his elbow in that butt muscle (piriformis–and he is also a licensed masseur) which hurt like hell, but in a good way, and then I got up and we had another chat. He “prescribed” a Chinese herbal remedy, changes to my diet (temporary–while we get the qi back in good working order), suggested some additional stretches to do (and some to avoid that I had been doing) and off I went.

The next day I was sore. I did a bunch of research online, though, and could find no negatives to taking the herbs. I also found descriptions of what “spleen qi vacuity” is and its symptomology, and damn it described me (including lots of stuff we didn’t even talk about!). So, I have slowly been adding the herbal remedy to my routine, since I am generally squirrel-y about taking anything. And, no coffee for days now, not even decaf, but lots of black and green tea. No salads–all veggies should be lightly cooked. No cold anything, actually, including water (room temp). And I ate a little beef (I’m supposed to eat a little animal protein at every meal and beef was recommended) in my stirfry last night, for the first time in forever (expensive, organic beef). Over the weekend, things got less sore, and by the time of my exam, sitting in those lecture hall chairs wasn’t painful (it usually was). My guts have been happier too. 

Yesterday I went in again. This time we took just a minute to review how I had been doing, then got right into the needles. I mentioned how I was surprised that he put them where the pain/discomfort was. We have this popular culture image of acupuncture working more like “my butt hurts” and the needles then being stuck in your hand or ears or something. He laughed, said both happen and, in fact, stuck one in my hand just to prove it (point for sciatic pain). Same deal as before with electricity (no foot jumping this time but a feeling of someone tapping me on the butt) and heat and “cooking” and afterwards he put his elbow in my buttcheek again. This time I could feel a couple of releases and knew it wasn’t as tight as it has been. I went home. During the drive, by left buttcheek started to hurt. It kept it up on and off all evening. I knew that could happen, though, and didn’t worry about it.

Then this morning I got up and did my stretches. For the first time in I can’t tell you how long, my right side was tighter than my left. That is, whatever has been going on felt gone. It’s a friggin’ miracle! There is just the slightest discomfort in one tiny spot on the left side, and only when I sit for a long time. Holy crap! This stuff might actually work! I can tell you I downed my herbal capsules with pleasure this morning and my tea tastes just dandy. I might even make it through the long wait to get my exam grade.

Three days before I had my unexpected surgery, I took my first law school midterm. I thought I did okay on it, especially the essay portion which was the majority of the test. Seems I slightly over-estimated. I passed and did, in fact, do better than the mean score, but I was not happy with my grade. I’m still not. 

Seems that when one writes a law school essay response, one must include every single bit of information, no matter how obvious it seems. In my case, for example, I got nailed for not explaining how/why B. Obama is a public figure (this is important because in libel cases, if you are a public figure, the rules are different than if you are a regular person). I actually wrote “Obviously, Mr. Obama is a public figure…” Seems to me you’d have to be living under a rock not to know who Obama is, but no, I had to express it clearly. Poo.

I also got nailed for not explaining whether the publication in question was libelous, but again, I didn’t think I needed to since the instructions said to write a memo with suggestions for how to defend against the libel claim and once you show that the party in question is a public figure and that there was no “actual malice,” then it really doesn’t matter if it was libelous or not.

So now I know–explain everything like you are talking to someone with a good vocabulary who has been living under a rock for the past 50 years. And that’s what I’ll do on the final.

And then today, I got an email from the school which let me know that there was a first-day reading assignment. Okay, no big deal. I kinda figured that would be the case. The email tells me that I need to read an entire book before the first day and, because books are included in my scholarship, that I can pick up mine next week sometime. Curious, I looked up the book online. It’s a whimsical little pamphlet…of almost 300 pages! Called Reading Like a Lawyer, it weighs 1.2 pounds. That’s more than Harry Potter and the Half-Blood Prince (paperback) weighed. Oy.

So, a week from Monday, that would be the 4th, I have my final for this summer course. Then on either my birthday or the day after, I have registration stuff and must pick up my books. The 21st is orientation, and classes start the 22nd. So much for enjoying any time off and/or finishing my own book that I’ve been writing. 

Im starting to wonder just what I have gotten myself into. Yikes!

Just a small update: I have a follow-up appointment tomorrow (Monday) to (hopefully) get some stitches removed and to see if there is any need for further surgery. Keep your fingers crossed.

I’m still walking a bit like a cowboy and sitting/getting up like a very pregnant woman, but overall I think things are getting better. I went to Trader Joe’s with Christopher yesterday, which was lovely just getting out of the house for a bit, but afterwards I was kind of sore and resorted to taking another Vicodin before bed. I’ve been trying to go without but when “ache” becomes “pain” I figure I should take the drugs. I suppose that’s what they mean by “Every 8 hours as needed for pain” on the prescription bottle.

I’m not sure I’ll make it to class tomorrow, but I’m hopeful to be at it soon. Thanks for all the good thoughts and emails.

So I just had my first law school midterm, sort of. It counts (unless one totally hoses it and does well on the final) and it was formatted like the tests I will be taking, but I’m sure it was a bit dumbed-down. Still, it had its challenges. 

Mostly was the fact that it consisted of only two multiple choice questions and a long essay question. Not much room for not knowing your stuff there. In my case (and at least one of my classmates said the same after), I had a different difficulty: one of the multiple choice questions seemed way too imprecise to be able to answer conclusively. I could easily have argued for two of the answers, maybe even a third if I wanted to break a sweat. But the weight of the questions makes the essay far more important so if I got one multiple choice wrong, I got it wrong, and it won’t kill me…

…unless I hosed the essay, but I think I did fine on it. Basically it was an imaginary situation where Soldier of Fortune magazine ran two ads that got them in trouble. One was anti-Obama (in a very cartoon-y way) and the other was a classified ad by a former Navy SEAL who offered to “take care of your personal problems, permanently,” for $15K and who was hired by a guy whose ex-wife was later killed, presumably by this guy. The mag was then being sued by Obama for libel and by the surviving children of the woman killed for wrongful death. We were asked to write a memo, as an assistant to the attorney for the magazine, with suggested arguments for the motions to dismiss (each case) and an analysis of our chances of getting dismissals.

I said we had a very strong chance for the libel to be dismissed, but the wrongful death was unlikely…and cited two cases we covered in class for each (NYTimes, v Sullivan and Hustler v Falwell for the libel/public person issue–though it’s mostly the first– and Brandenburg v Ohio and Rice et al. v Paladin Enterprises for the other). Wrote several pages, discussed what I thought the other side would offer for their arguments, etc., but did not fill the blue book and finished with plenty of time to spare. I wasn’t the first done, but I was one of the first and I was writing by hand, which had to make me slower than many of the computer-users (mine isn’t compatible…will be getting new Mac before Fall trimester is too far gone). Reminded me of when I took my Masters exams–hope I do as well!

I’m sure my answers were relatively laughable to anyone who has already been through law school. It’s amazing how little we know even though we as a society think we understand the law at least somewhat. But, considering how this class is formulated and what we’ve read so far, I think I did okay.

We’ll see. Now, I have to read and brief some right-to-die cases for class tomorrow.

So, I’ve been busy, as if you didn’t know. All the travel and other work-related stuff has had me going pretty hard as of late. In fact, I now have a slight cold–arguably because I haven’t been taking care of myself quite as well as I ought to have. Of course, the repeated handshaking with a woman from the admissions office of California Western School of Law who self-admittedly had a cold herself probably didn’t help. But it’s rude to immediately go leaping for the hand sanitizer after a handshake and, well, I didn’t want them to think I was any more weird than I actually am. Even though I had a letter with the offer, I figured it was probably wise not to give them good reason to rescind it.

The offer? For those of you who don’t know, CWSL has offered me a scholarship to attend their school–a Trustees’ Scholarship which is a full ride, including a book stipend. Rounded, that’s about a $100K and, well, who wants to do something to screw up a $100K “gift?”

I guess that was sort of burying the lede, but this isn’t journalism so get over it.

From Thursday evening through Friday night, I was being wooed by the school in an attempt to get me, and the other scholars, to accept their offer. I have to say they did a hell of a job with the schmoozing.

We started with a cocktail event Thursday evening at a trendy bar in the Gaslamp district. Drinks with current Trustees’ Scholars, Admissions people, and the other offerees–introductions were made and basic information about the school and details about Friday’s events were given.

Friday began with a continental breakfast in the Faculty Lounge with some of the faculty. I had a long and interesting (in a good way) discussion with one of the professors–D. Smythe. From there we got a tour of the campus–which is a few buildings on the north end of downtown San Diego–led by one of the current students. Then we sat in on a class–Civil Procedure II, taught by Professor Barton.

I loved the class. The main topic of this day’s class was issue preclusion, and I was literally on the edge of my seat, leaning forward, to see more of the slides and hear better the lecture (I was seated on the side of the room, near the front, so my angle was poor). I’m pretty sure that makes me either mentally questionable or a perfect law school candidate, or arguably both.

After the class, we were taken to lunch at a nice restaurant downtown, where we got the chance to meet a couple of other students and the Dean, Steven Smith. By the time that was over, we had a couple of hours free during which I came home to report to Christopher, and call Dad. Then it was time to get ready for the final event: dinner at one of the trustee’s (and alumnus) home: Roy Bell. Mr. Bell is a named partner in a national firm and was recently named one of the most influential San Diegans.

Mr. Bell and his wife recently completed the three-year renovation…rebuilding, really…of their home. Located on the La Jolla cove, overlooking the ocean, the home was a (ahem) modest 12,000 square foot shingle “shack” with a guest house in front that is about the size of our house. In fact, if you go to googlemaps, their home’s location is still a blank lot.

There, during the cocktail hour, I spoke with several other faculty members, especially Professor Lynch who was charming, straight-forward, and very helpful. In that house, with the lovely art and amazing view, it was very easy to start to buy into the “if I go to law school, I could have this” mentality, but being an older potential student, I kept my head about me…mostly.

Later, at dinner under a large tent in front of the home, I was lucky enough to be seated at the same table as Mr. Bell as well as a former Federal Magistrate. It was terribly interesting to listen to the discussion, and participate, and then dinner was served–salad followed by halibut and filet mignon and then a chocolate mousse dessert that was fabulous. It was all fabulous. By the end of the evening, with location, the wine and good food, and the good company, well, I was sold.

Okay, I do want to make it clear that my decision is not based on the food or wine or opulence of an alum’s home. What has really sold me is that this school emphasizes collaboration and healthy competition. Instead of the unhealthy competition that so many law schools not only tolerate but encourage, it was wonderful to hear that at CWSL, it’s all about building relationships and encouraging excellence without the negative must-beat-others-to-succeed-yourself attitude. The school also offers so many other opportunities–they are very active in the California Innocence Project (using DNA, etc., to exonerate and free incarcerated innocent people), they have the Center for Creative Problem Solving to study and encourage alternative forms of dispute resolution, multiple study abroad programs and internship and externship opportunities; and they even offer additional free tutoring for required classes and other help so that they give their students the best chance of succeeding possible. I like that attitude.

So, though I haven’t signed on the proverbial dotted line yet, it looks like I’m going back to the books.

Yipes.

But I’m excited.