Law in Contemporary Society

View   r3  >  r2  >  r1
JonathanCoaxumFirstEssay 3 - 04 Jun 2024 - Main.JonathanCoaxum
Line: 1 to 1
 
META TOPICPARENT name="FirstEssay"
It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

I was born to be a lawyer

Changed:
<
<
-- By JonathanCoaxum - 24 Feb 2024
>
>
-- By JonathanCoaxum - 4 Jun 2024
 

What I believe

Changed:
<
<
I believe that I was born to be a lawyer. I say this because I feel like it is something that I have always been destined to do. It was the thing I wanted to be when I grew up during a time when my peers wanted to be the first person on mars, president of the United States and professional athletes. As far as I am concerned, no one that I grew up with accomplished those dreams and many have already surrendered their dreams and fell into the rat race and push paper and will do that for the next forty years at least. To me being a lawyer is not just an aspiration because it means success to those around me but because it means success to me. I remember when I read Max Weber when he gave his lecture on politics and what it means to truly live a life of politics. The part that resonated with me the most and drives me is when he talks about having a vocation instead of a job. I view being a lawyer as a vocation rather than a job.

How I want to practice

I want to live a life of the law and be a practitioner of high integrity. Just like physicians we deal with clients during some of their worst moments and we have a duty to serve them to the best of our ability. Being a lawyer is being an advocate for our clients and representing their interest regardless of personal stake. Meaning that as lawyers we serve our clients and we have an obligation to follow their lead. There may be times when we give advice or make a suggestion that is not heeded and the client goes in a different direction. This means that as lawyers we need to have humility and realize that we are not always the experts even when we think we are “right”. I do think there is a sense of hubris that is common in the legal profession that as practitioners we are the experts and our suggestions should be taken as scripture and strictly followed. I think it is a natural human instinct to feel that way but the elitism that is deeply ingrained in the profession exacerbates it to sometimes intolerable levels.

This is not actually about law practice, that what, where, with whom, how much and why of planning and running a practice. This is dinner-speaker rhetoric. But we can actually talk about the real stuff here, so let's try.

What it means to listen

I have been thinking deeply about the question posed in class, “Are you listening to respond or listening to understand?”.

That wasn't a question. I was edscribing active listening and stating it as a requirement of building the psychological sides of a lawyer's theory of social action.
>
>
I believe that I was born to be a lawyer. It feels like it is something that I have always been destined to become. It was the thing I wanted to do when my friends wanted to be the first person on mars, president of the United States, or professional athletes. None of them have accomplished those dreams and most have fallen into the rat race and will push paper for the next forty years . To me, being a lawyer is not just an aspiration because it means success to others but because it means success to me. In the same way Max Weber talks about living a life of politics, I want to live a life of law. I view being a lawyer as a vocation rather than a job.
 
Changed:
<
<
Such a simple question in theory but it truly unlocks a new depth to critical thinking when having a conversation or analyzing an interaction. It has made me think about how people communicate with each other and how poorly people who claim to be well-educated interact with each other. Many times it is people with fairly set preconceptions thinking about how they will respond to what was said to them rather than understanding what is being said.

Many times they are in law school?

As said before law school teaches us to interact this way because that is how oral arguments often work.

No.

But when one thinks about that critically that is a major shortcoming in the practice of law. When there is a dispute there is a misunderstanding between the parties of issues of law. Rather than working to have a better understanding of the law and the other side, things can quickly become adversarial and it becomes about who has the better story for an “objective” third-party. Sometimes it fails to call into question the spirit of the law and the behavior that has been exhibited. I would love to see the legal profession become more focused on the public policy impact of the laws being argued and have considerations of equity when making crucial decisions.

>
>

How I want to practice

 
Added:
>
>
My practice will be in Washington D.C. with travel whenever necessary to meet with clients and try cases. I choose DC because it is a city where relationships mean everything and information freely flows. From my own experience, it is a town where everyone loves to talk and rub elbows with those they deem important. Being a great listener in a place like that can make me a powerful and great lawyer. Another benefit is that many esteemed lawyers pass through which presents the opportunity to connect and build the relationships I need to accomplish the goals of my practice.
 
Added:
>
>
I will provide services in matters of civil rights, liberties, and racial justice. It will be a practice that protects marginalized people and ensures accountability for the harms that are done against them by both public and private entities. My goal is to continue the unfinished work of Reconstruction and fight for a society that truly equally protects everyone with privileges that are enjoyed by all. There is a rolling back of protections of some of our most fundamental rights and it needs to be fought against every step of the way. I want a practice that takes the strategic and incremental steps to have successful impact litigation. The current political climate and composition of the highest courts requires a well-thought out method to slowly reverse the current conservative trend that is curbing the political participation of some of the most vulnerable and underserved members of our society. I will use the methods of John Roberts to beat him at his own game, using a case to crack open the door for a dramatic legal change and then a subsequent case to blow the door open.
 
Changed:
<
<

Thoughts on Law School

>
>
To have a successful practice, I need to work with people that are smarter than me from a diverse set of legal backgrounds. I need someone from a prosecutor’s office, a defender, a government (ideally DOJ) attorney, and finally I will bring my experience and resources from big law. It is important to work with people that have strong ties with people that can provide financial resources for the practice to help with operational costs. These connections can also help with finding clients for our impact cases by leveraging relationships built with minority communities through our previous work. By having a team with a diverse set of experiences, they will have perspectives on cases and issues that may supplement possible blind spots of mine and ensure the best possible arguments are being made which will give our position the highest chance of success.
 
Changed:
<
<
I came to law school because I want to learn and be challenged. I believe that as a future lawyer I owe it to my clients to become the best version of myself possible so I can effectively advocate on their behalf. I see the law as something that is a reflection of the imperfections of humanity and it requires people that are bold and willing to challenge the imperfections that they see. Just like individuals, the law is something that is constantly changing and evolving and needs to be changing for the better to better serve our society. I want to be a lawyer because I want to have consequence in the work that I do and be able to take injustices to task. But then again, that is almost too idealistic. I do feel in some ways that I am losing some of the optimism I had for practicing law since I have started my law school journey. I see how quickly we have become regimented and drilled to think in formulaic manner rather than having realist or pragmatic approaches. I feel that I have been trained to look at the law and the issues that arise within its context in a sterile and objective manner that denies the humanity of the situation. The people in the cases are just names that quickly become “plaintiff” and “defendant”. Many times these are everyday people that have suffered great injury and injustice and have to go through the mentally and emotionally taxing process of litigation. For them the stakes were higher than ever and for me it is just a note in a casebook for my edification. Something about it feels sadistic and callous. I do not want to lose my humanity and I refuse to let that happen to me. I was born to be a lawyer and a great lawyer is led by his heart before he is led by his head.
>
>
My practice will need to earn a reasonable amount of money to ensure the retention of the best minds from the previously described fields and have access to all of the necessary intellectual resources to do the work. By having a lean team and collaborating with other attorneys working pro-bono, I can substantially cut-down on operational costs. To cover the necessary expenses, we would take on tort claims against public and private entities for various forms of discrimination and injury. In many of these cases the defendants will settle and we will be able to recover attorneys fees, which can go towards cases of constitutional matters that will not ensure a payout.
 
Changed:
<
<
I think the best route to improvement is to lose the generalities and take on the specifics. Let's try a draft in which, following the schema we use in "Planning Your Practice" (in which perhaps you and I will work together), you lay out the five corners of an imagined future practice:
>
>
I want my legacy to be the man that got qualified immunity struck down. I view it as one of the greatest barriers to justice in our time. It blocks any true form of accountability for the most egregious infringements on basic human rights and autonomy. This judge-made law does not have any true legal grounding in our country and protects bad-faith actors in law enforcement which only perpetuates the issue of police brutality and results in the loss of life for countless innocent people. If you believe in the basic premise of American tort law, then you can see that qualified immunity does not comport with the aims of justice and equality in our society. My practice will meet my needs as a lawyer because it will enable me to accomplish my goal of fighting the injustice I see in the world. I have learned that my disdain for injustice is more powerful than a love for justice. This is especially true when that “justice” often comes at the expense of my community and often leads to their further oppression.
 
Changed:
<
<
  • Where your practice will be;
  • What services you will provide to clients, in which areas of law;
  • With whom you will practice, the network of people who will help you deliver services and recruit clients to serve;
  • How much your practrice will need to earn for you and how you will make that money; and
  • Why the practiced describe will meet your material, intellectual, moral, political and social needs.
>
>
Only my fear is standing in the way of me making this practice real, which is no small thing to overcome. I must learn to be comfortable with being uncomfortable and taking big risks. I hate that I learned to be so fearful and feel like I can lose everything in a single moment. I hate that I let small things such as grades and what other people say I can and cannot do have so much power over me. To realize my vision, I need to learn to be bold and be confident in the lawyer that I can be and learn to be less afraid. I know that this is not something that will happen overnight. This is going to take the rest of law school and maybe even longer to make it happen but I am willing to dedicate myself to this task.
 
Deleted:
<
<
Obviously an effort to imagine a practice at the end of one year of law school will fall short in many respects, and you will change plans many times in years to come. But learning to think about your practice is specific, serious terms is the habit you need to build. That way of thinking protects you against both drowning in fuzzy rhetoric and selling out your birthright vocation for a mess of pottage, which you will see going on around you every damn day.
 

JonathanCoaxumFirstEssay 2 - 31 Mar 2024 - Main.EbenMoglen
Line: 1 to 1
 
META TOPICPARENT name="FirstEssay"

It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

Line: 8 to 8
 -- By JonathanCoaxum - 24 Feb 2024
Deleted:
<
<
I was born to be a lawyer
 
Changed:
<
<
What I believe
>
>

What I believe

 I believe that I was born to be a lawyer. I say this because I feel like it is something that I have always been destined to do. It was the thing I wanted to be when I grew up during a time when my peers wanted to be the first person on mars, president of the United States and professional athletes. As far as I am concerned, no one that I grew up with accomplished those dreams and many have already surrendered their dreams and fell into the rat race and push paper and will do that for the next forty years at least. To me being a lawyer is not just an aspiration because it means success to those around me but because it means success to me. I remember when I read Max Weber when he gave his lecture on politics and what it means to truly live a life of politics. The part that resonated with me the most and drives me is when he talks about having a vocation instead of a job. I view being a lawyer as a vocation rather than a job.
Changed:
<
<
How I want to practice
>
>

How I want to practice

 I want to live a life of the law and be a practitioner of high integrity. Just like physicians we deal with clients during some of their worst moments and we have a duty to serve them to the best of our ability. Being a lawyer is being an advocate for our clients and representing their interest regardless of personal stake. Meaning that as lawyers we serve our clients and we have an obligation to follow their lead. There may be times when we give advice or make a suggestion that is not heeded and the client goes in a different direction. This means that as lawyers we need to have humility and realize that we are not always the experts even when we think we are “right”. I do think there is a sense of hubris that is common in the legal profession that as practitioners we are the experts and our suggestions should be taken as scripture and strictly followed. I think it is a natural human instinct to feel that way but the elitism that is deeply ingrained in the profession exacerbates it to sometimes intolerable levels.
Changed:
<
<
What it means to listen
>
>
This is not actually about law practice, that what, where, with whom, how much and why of planning and running a practice. This is dinner-speaker rhetoric. But we can actually talk about the real stuff here, so let's try.
 
Deleted:
<
<
I have been thinking deeply about the question posed in class, “Are you listening to respond or listening to understand?”. Such a simple question in theory but it truly unlocks a new depth to critical thinking when having a conversation or analyzing an interaction. It has made me think about how people communicate with each other and how poorly people who claim to be well-educated interact with each other. Many times it is people with fairly set preconceptions thinking about how they will respond to what was said to them rather than understanding what is being said. As said before law school teaches us to interact this way because that is how oral arguments often work. But when one thinks about that critically that is a major shortcoming in the practice of law. When there is a dispute there is a misunderstanding between the parties of issues of law. Rather than working to have a better understanding of the law and the other side, things can quickly become adversarial and it becomes about who has the better story for an “objective” third-party. Sometimes it fails to call into question the spirit of the law and the behavior that has been exhibited. I would love to see the legal profession become more focused on the public policy impact of the laws being argued and have considerations of equity when making crucial decisions.
 
Added:
>
>

What it means to listen

 
Added:
>
>
I have been thinking deeply about the question posed in class, “Are you listening to respond or listening to understand?”.
 
Changed:
<
<
Thoughts on Law School
>
>
That wasn't a question. I was edscribing active listening and stating it as a requirement of building the psychological sides of a lawyer's theory of social action.

Such a simple question in theory but it truly unlocks a new depth to critical thinking when having a conversation or analyzing an interaction. It has made me think about how people communicate with each other and how poorly people who claim to be well-educated interact with each other. Many times it is people with fairly set preconceptions thinking about how they will respond to what was said to them rather than understanding what is being said.

Many times they are in law school?

As said before law school teaches us to interact this way because that is how oral arguments often work.

No.

But when one thinks about that critically that is a major shortcoming in the practice of law. When there is a dispute there is a misunderstanding between the parties of issues of law. Rather than working to have a better understanding of the law and the other side, things can quickly become adversarial and it becomes about who has the better story for an “objective” third-party. Sometimes it fails to call into question the spirit of the law and the behavior that has been exhibited. I would love to see the legal profession become more focused on the public policy impact of the laws being argued and have considerations of equity when making crucial decisions.

Thoughts on Law School

 I came to law school because I want to learn and be challenged. I believe that as a future lawyer I owe it to my clients to become the best version of myself possible so I can effectively advocate on their behalf. I see the law as something that is a reflection of the imperfections of humanity and it requires people that are bold and willing to challenge the imperfections that they see. Just like individuals, the law is something that is constantly changing and evolving and needs to be changing for the better to better serve our society. I want to be a lawyer because I want to have consequence in the work that I do and be able to take injustices to task. But then again, that is almost too idealistic. I do feel in some ways that I am losing some of the optimism I had for practicing law since I have started my law school journey. I see how quickly we have become regimented and drilled to think in formulaic manner rather than having realist or pragmatic approaches. I feel that I have been trained to look at the law and the issues that arise within its context in a sterile and objective manner that denies the humanity of the situation. The people in the cases are just names that quickly become “plaintiff” and “defendant”. Many times these are everyday people that have suffered great injury and injustice and have to go through the mentally and emotionally taxing process of litigation. For them the stakes were higher than ever and for me it is just a note in a casebook for my edification. Something about it feels sadistic and callous. I do not want to lose my humanity and I refuse to let that happen to me. I was born to be a lawyer and a great lawyer is led by his heart before he is led by his head.
Added:
>
>
I think the best route to improvement is to lose the generalities and take on the specifics. Let's try a draft in which, following the schema we use in "Planning Your Practice" (in which perhaps you and I will work together), you lay out the five corners of an imagined future practice:

  • Where your practice will be;
  • What services you will provide to clients, in which areas of law;
  • With whom you will practice, the network of people who will help you deliver services and recruit clients to serve;
  • How much your practrice will need to earn for you and how you will make that money; and
  • Why the practiced describe will meet your material, intellectual, moral, political and social needs.

Obviously an effort to imagine a practice at the end of one year of law school will fall short in many respects, and you will change plans many times in years to come. But learning to think about your practice is specific, serious terms is the habit you need to build. That way of thinking protects you against both drowning in fuzzy rhetoric and selling out your birthright vocation for a mess of pottage, which you will see going on around you every damn day.

 



JonathanCoaxumFirstEssay 1 - 24 Feb 2024 - Main.JonathanCoaxum
Line: 1 to 1
Added:
>
>
META TOPICPARENT name="FirstEssay"
It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

I was born to be a lawyer

-- By JonathanCoaxum - 24 Feb 2024

I was born to be a lawyer

What I believe

I believe that I was born to be a lawyer. I say this because I feel like it is something that I have always been destined to do. It was the thing I wanted to be when I grew up during a time when my peers wanted to be the first person on mars, president of the United States and professional athletes. As far as I am concerned, no one that I grew up with accomplished those dreams and many have already surrendered their dreams and fell into the rat race and push paper and will do that for the next forty years at least. To me being a lawyer is not just an aspiration because it means success to those around me but because it means success to me. I remember when I read Max Weber when he gave his lecture on politics and what it means to truly live a life of politics. The part that resonated with me the most and drives me is when he talks about having a vocation instead of a job. I view being a lawyer as a vocation rather than a job.

How I want to practice

I want to live a life of the law and be a practitioner of high integrity. Just like physicians we deal with clients during some of their worst moments and we have a duty to serve them to the best of our ability. Being a lawyer is being an advocate for our clients and representing their interest regardless of personal stake. Meaning that as lawyers we serve our clients and we have an obligation to follow their lead. There may be times when we give advice or make a suggestion that is not heeded and the client goes in a different direction. This means that as lawyers we need to have humility and realize that we are not always the experts even when we think we are “right”. I do think there is a sense of hubris that is common in the legal profession that as practitioners we are the experts and our suggestions should be taken as scripture and strictly followed. I think it is a natural human instinct to feel that way but the elitism that is deeply ingrained in the profession exacerbates it to sometimes intolerable levels.

What it means to listen

I have been thinking deeply about the question posed in class, “Are you listening to respond or listening to understand?”. Such a simple question in theory but it truly unlocks a new depth to critical thinking when having a conversation or analyzing an interaction. It has made me think about how people communicate with each other and how poorly people who claim to be well-educated interact with each other. Many times it is people with fairly set preconceptions thinking about how they will respond to what was said to them rather than understanding what is being said. As said before law school teaches us to interact this way because that is how oral arguments often work. But when one thinks about that critically that is a major shortcoming in the practice of law. When there is a dispute there is a misunderstanding between the parties of issues of law. Rather than working to have a better understanding of the law and the other side, things can quickly become adversarial and it becomes about who has the better story for an “objective” third-party. Sometimes it fails to call into question the spirit of the law and the behavior that has been exhibited. I would love to see the legal profession become more focused on the public policy impact of the laws being argued and have considerations of equity when making crucial decisions.

Thoughts on Law School

I came to law school because I want to learn and be challenged. I believe that as a future lawyer I owe it to my clients to become the best version of myself possible so I can effectively advocate on their behalf. I see the law as something that is a reflection of the imperfections of humanity and it requires people that are bold and willing to challenge the imperfections that they see. Just like individuals, the law is something that is constantly changing and evolving and needs to be changing for the better to better serve our society. I want to be a lawyer because I want to have consequence in the work that I do and be able to take injustices to task. But then again, that is almost too idealistic. I do feel in some ways that I am losing some of the optimism I had for practicing law since I have started my law school journey. I see how quickly we have become regimented and drilled to think in formulaic manner rather than having realist or pragmatic approaches. I feel that I have been trained to look at the law and the issues that arise within its context in a sterile and objective manner that denies the humanity of the situation. The people in the cases are just names that quickly become “plaintiff” and “defendant”. Many times these are everyday people that have suffered great injury and injustice and have to go through the mentally and emotionally taxing process of litigation. For them the stakes were higher than ever and for me it is just a note in a casebook for my edification. Something about it feels sadistic and callous. I do not want to lose my humanity and I refuse to let that happen to me. I was born to be a lawyer and a great lawyer is led by his heart before he is led by his head.


You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:

Note: TWiki has strict formatting rules for preference declarations. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of these lines. If you wish to give access to any other users simply add them to the comma separated ALLOWTOPICVIEW list.


Revision 3r3 - 04 Jun 2024 - 19:53:33 - JonathanCoaxum
Revision 2r2 - 31 Mar 2024 - 17:50:12 - EbenMoglen
Revision 1r1 - 24 Feb 2024 - 20:00:08 - JonathanCoaxum
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
Syndicate this site RSSATOM