Lawyering Through Life

This isn't really funny

Or interesting even. I wrote it last night as I was wrapping up a 15 hour work day. In the bright light of morning, this looks worse than it did last night. Still, I will share.


The Virginia Supreme Court is not a big fan of summary judgment. To the non-lawyers out there, summary judgment is when the judge says “Yep, you win” to one side without actually having a trial. Summary judgment is popular in the federal system, but the SCOVA likes to give everyone his or her day in court. It is slightly paradoxical in a state in which the majority of the judiciary is pro-defendant(no, not criminal defendant, civil defendant - this is the state where a Commonwealth attorney told my judge in arguing for extradition of an accused murderer from California "We can kill him faster than they will in California"), that it would supposedly seek to get as many cases in front of a jury as possible. While the policy actually hurts plaintiffs in my opinion, rather than help them, that is a scintillating topic for another day. All I mean to share tonight is summary judgment in Virginia is an uphill and often an outright losing battle.

On my docket for Friday, I have two motions for summary judgment. I review them with a Virginia’s lawyer eye…so, basically, trying to find a way to deny summary judgment so my judge won’t get overturned on appeal. Well, it is late, and I just opened up my second motion, and upon reviewing it, I sent the following email to Dawg, a co-worker so dubbed because the only thing that forces him to leave work at all is the fact that he has a dog.

“"In an unprecedented move sure to send shockwaves from Arlington to Richmond, Judge granted not one, but TWO motions for summary judgment Friday, October 27, 2006. As he walked out of the courtroom, he looked dazed and bewildered, and was heard to have muttered "Law clerk? Where did I get this law clerk?"

Dawg nobly attempted to flatter me:

… “Law clerk? Where did I get this law clerk?” When asked later to clarify his remarks, Judge explained that he felt lucky to have a clear-thinking law clerk unafraid to recommend a course of action despite any risk of criticism.

Ok, this is a pretty lame post. But, KS, this is my official shout out to you. I would have much preferred dinner with the Peapod to writing nonsensical memos and even worse posts.

posted by jersey @ 8:09 AM