Sunday, June 20, 2004

Memo Assignments

I get a couple memo assignments a week. They're usually not a big deal. Almost all the work I do involves a couple of acts and I think I'm getting to know them pretty well. I can navigate through the code, the administrative rules, and the cases pretty quickly now.
However, a few memo's have been outside of this small range of statutes and are significantly harder. One of the most disconcerting things I've found when working on these memo's is that the faster I find an answer, and the more definite the answer is, the more likely it is that I don't understand the question.
This is another one of the small aspects of your day to day work that gnaws on your self confidence. The more you feel you understand what's going on the more cautious and self critical you need to be.
I was given a memo and found a piece of statute that seemed dead on point and in our favor within 30 minutes of logging on to Lexis. Instead of thinking "Yeah, I'm an awesome researcher, fear my shepardizing prowess!" I thought, "I fucked up, I must not have understood the question."
At this point you have two options. First you can believe that you found the right answer, write up the memo, and hand the finished product to the attorney while beaming proudly at your work. This is a bad idea. Most likely he'll read it and say "This isn't what I was looking for at all, this is going to kill our case. Did you understand what I was asking? How long did you spend on this?"
The second option is to email, or take the statute, you found to the attorney and say "I must have misunderstood the question because I found this right away and it seems on point." The reaction is most likely to be, "Yes, this statute doesn't help because of X,Y, and Z. You could reshape your search to incorporate N, or look at the administrative rules under state statute O." There is even the slim possibility, and this happened to me once, that the attorney says "This is perfect, where did you find it? Alright, the defendant's day just got a lot worse."
The second option seems easy enough, but I have a really hard time doing it. I respect the attorney's I work with. Usually the cases I use as authority in my memos are cases that they worked on. These guys have been practicing for a long time and they're experts in the field. Their work has defined most of this area of the law. They recognize I've got one whoppin' year of law school under my belt and that's all my experience. They know I'm going to screw up. But it is still embarrassing to walk up and say, "I just wasted the last hour you paid me for because I don't understand your question. Thank you for hiring me even though I'm a waste of scarce resources."

1 Comments:

Blogger La Madre said...

Ask 'em! Ask 'em! Ask 'em! "I found this but am wondering if it actually meets all your needs. Could you take a look at it and offer me some recommendations that would point me in the right direction?" good luck.

4:13 AM  

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