summer up

I start classes again tomorrow: constitutional law, basic real estate, federal Indian law, intellectual property law, and housing law policy seminar. It should be a busy semester, and as a Two-L, I get to take classes in other parts of the building beside the basement. I do not really have many thoughts about the year ahead, except to say that even after this many years of school, the last night of summer still has the same feeling of excitement mixed with nervousness. As I sharpen my pencils and lay out my clothes for tomorrow (code for reorganizing my "My Documents" folder and doing a bunch of loads of laundry) I find myself reflecting on the summer that has passed.

This summer went by so quick, I feel that just at the moment I was beginning to get a grasp of what it is like to do "legal work," I am returning to the classroom for more theory. I am looking forward to the rich fall weather, gaining some knew knowledge, and the lack of rigid structure that school provides, the the lessons I learned this summer felt different than the knowledge I gain at school. If there is anything that really defined the past summer and will stand out in my memory, it will probably be my last day on Friday when I closed my first deal. Of course it felt great that I was able to make some pretty quick and strong arguments to the adjuster, which were sufficient to convince her to add another $4,500 to the claim, but that won't be what I will remember. The moment I will remember is the deal I couldn't close.

Just moments after closing the first deal for a very good sum, I met with the attorney and she could tell that I had enjoyed the experience of negotiations. I then explained to her that I liked to make the arguments but I wished I had more knowledge. At this she said that was not really the point; rather, the heart of good negotiations is to get that moment with the adjuster where you share something personal, when you have a connection, when you are working with them even though you both have mutually exclusive goals and roles. Not moments after she said this, I received a phone call from another adjuster to whom I had written a somewhat harsh letter earlier that week. She was not really in the mood to budge on her figures and she was offended that I had described her handling of the negotiations as "crass." As I quickly looked over my letter, I saw some very valid arguments, but I realized I had not written them to a person. The letter had been an intellectual exercise, and without realizing there was a person on the receiving end, I made no effort to couch my arguments in a cordial manner. As we talked I could feel myself connecting with her, and after apologizing sincerely and discussing with her the difference in what it was like to write and to talk with her, (I was basically just honest with her) she began to soften her tone and said she would look over the file next week and fax me over some new figures. It was at that moment that I realized the law was, at it center, about relationships. All the law is is a time-tested, ever-evolving, complex set of rules for how we are all supposed to relate to each other and what should be done when those relationships are in conflict. I understood probably the best lesson I could have learned this summer; sometimes the most important legal skill is the ability to connect with other humans, whether they be your client, your boss, or the opposing council.

This is not to say that I have not talked with some adjusters who were real assholes and who were way out of line with their settlement offers. I can think of at least two right off hand that were real jerks to me, and in both those cases, our clients were significantly more injured than in the case I settled on Friday. Sometimes it is OK to tell an adjuster that their handling of the claim is "crass," but I will be much more careful in choosing my words from now on, and I will always make sure I know who will be reading/ hearing those words.

With the beginning of school, I am sure I will be posting much more often. I will make an effort to post, at a minimum, once a week on Sunday nights.