Lawyering Through Life

Norma Rae

Today was our monthly lunch meeting with our supervisor, Cool Mom, and the two judges who are in charge of the law clerks. One happens to be my Judge, the other is Judge Socially Awkward.

The meeting began with what Cool Mom referred to as “the controversial issue.” The issue is that Cool Mom and the Judges have decided that the law clerks need to take some action on the Daily Orders that we receive within 7 days. Seeing as they are called daily orders, at first blush, that is not an unreasonable request.

For background: One of our tasks is to review orders that are submitted to the Court for entry. We receive from six-ten a day. Some take 30 seconds to review – oh, how I love a good agreed order of dismissal. Others, such as divorces and adoptions, can entail reading the Code, discussing the submitted order with Cool Mom and/or Judge, numerous phone calls to the attorneys involved…quite frankly, all of this takes time. Daily orders are at the bottom of our list of priorities. Why? Because they just are. Plus, my Judge only signs Daily Orders on Fridays so, my Daily Orders are really Weekly Orders. Ok, that is the back story on Daily Orders.

So, certain Law Clerks have been remiss in attending to Daily Orders. Some view them as “Three Week" Orders or when “I really don’t have anything else to do” Orders. But, as Judge Socially Awkward stressed, they are important and should be moved up on our list of priorities.

Which is fine. I will rearrange my list of priorities so that I do Daily Orders on a (GASP) Daily basis. So that Daily Orders are no longer at the bottom of my to-do list. But, Judge Socially Awkward, what takes their place? Because that is the problem. SOMETHING has to give. Once this new policy was announced, Law Clerks began to voice their disapproval of putting us on a time deadline. We have more long briefs than ever. We are in scheduling conferences longer than ever. The trial docket is heavier than ever. S*it flows downstream, Judges, and we are drowning in it. We are working 60plus hours a week and barely making our rent.

The airing of personal grievances took on a life of its own and at one point, I placed my hand on my forehead, closed my eyes, and could almost taste the bourbon on my lips. People started bringing up isolated incidents that were completely irrelevant. And taking an obscenely long time to relate a story. Telling us that “One time, the Secretary called me during the docket” actually took twenty minutes. Ok maybe only ten, but still. No wonder the meeting took almost two hours.

Finally, as the Judges and Cool Mom grew increasingly frustrated with us, I seized a pause in a certain Blabbermouth’s venting. My inner Norma Rae took over and I turned toward the Judges seated at the head of the table and said:

“Listen, we understand that Daily Orders should not sit around. I for one do not think that a required turn around time of seven days is outrageous. But our point is that we are doing the best that we can – we’ve had people out studying for the bar exam, taking time off to get married or have a baby. Our knee jerk reaction to this rule is based on the fact that we ARE trying. And we would just like you to acknowledge that.”

The Judges looked at me. With rather stunned expressions. Judge Socially Awkward looked at me and said, “Well, what exactly would you like us to do then?” And therein lies the problem. I am not asking the Judges to do anything. (Well, maybe my Judge could not laugh in my face while loading me up two thick binders of post-trial motions that need to be briefed.) Really, we are just asking that you get it. That we work hard. That we love our jobs. That we get paid like crap but still love our jobs. That what you are asking all of us to do at times is just too much. But we (or at least I – Blabbermouth will spend a lot of time talking about it) will do it. Because we do truly love our jobs. Just don’t kick us when we are down. Because we are going to start kicking back.

posted by jersey @ 6:11 PM