Court Rules!

If you could not tell from previous posts, I began law school with a certain innocent ignorance. Not having had much experience with the law, luckily, I had very little understanding about how the law actually worked. Also, until recently, I had not exhibited any interest in the legal profession, and I still find myself asking: "how did I end up here?" No matter how I arrived half way through law school, I am glad to be here, but to be honest, I do not feel I know that much more now than when I started. At least I am smart enough to know that is both true and false.

It is true that I am still quite ignorant of how one would prosecute a law suit through the legal system. Sure I am more familiar with some substantive theories of liability and the basic procedural framework, but the day to day experience of court feels very foreign. It is false because if I really look back and compare what I know now with what I knew the summer before entering school, it is quite staggering. Although less ignorant, I still feel quite innocent. I am still amazed at the legal method for resolving conflicts. When you consider the intensity of conflict that can arise between two parties, it is shocking that the law actually works. This trick seems to stem from several aspects of the law that allow for resolution. First, the evidentiary rules limit the facts that parties can actually argue. Having to introduce only relevant evidence, the conflict is condensed to be more manageable. Secondly, while the law does change, in many ways, the law is the law. Parties must argue to either conform or differentiate the facts from the law, but before a case gets to the level of appeals, the judge must apply the law. Finally, everybody has to follow the rules; otherwise, it would not work. Your client may hate the opposing party, but as a lawyer, you can only make any reasonable argument why you should win. Your power comes from knowledge, persuasion, ethics, and creativity and not by pure force (knowing the judge probably helps).

All of this might see painfully obvious. I guess I am trying to come to terms with the legal profession that I am becoming more and more enamored of. On the other-hand, I still feel very intimidated by this profession. It may sound simple, but that does not mean that it is. Right now, the time when I will feel comfortable in a court room feels very far off. Tonight, these are just the ramblings of a tired law student at the end of what felt like a very long week.