Summer Reads: Part 2

Good Omens by Neil Gaiman and Terry Pratchett

Genres: Horror fiction, Fantasy, Humorous Fiction

Rating/Success: 92%

Drama: check, apocalypse: check, angels and demons: check, hilarity: for sure.  The son of Satan has been born, and the end of the world is imminent.  Every single day that passes, the poor, defenseless humans have no idea what is coming their way.  However, this is not the case if the angel Aziraphale and the demon Crowley have anything to say about it.  A little switch at the hospital, and the End of the World does not seem so inevitable... but there is a demon and an angel that both face a ton of trouble coming from their bosses.

I could not put this book down.  It had me laughing at the wry humor and amount of mishaps that happen.  How could God and Satan both lose tabs on a plan that they have been brewing since the dawn of time?  It has innumerable plot twists.  We are talking about the end of the world, people!

Dragon Teeth by Michael Crichton

Genres: Adventure fiction, Historical Fiction

Rating/Success: 88%

The Bone Wars in the American West during the 1870s.  There is intrigue, betrayal, and secrets that are worth keeping.  Everyone from old professors to adventurous students try to manipulate and scheme.  All of the fossil fanatics that travel out West are looking for the fame and recognition that comes with finding the biggest, baddest fossils.  With the exception of William Johnson--who heads out to the frontier on a bet.  Johnson never lost a bet, and he was not going down for this one.

Interesting characters always make for an excellent story.  The character development in this book is astonishing.  You watch Johnson change from a careless rich boy to a hardened, intelligent man.  He realizes that there is more to life than popularity and the simplest forms of the reputation.  Originally written as a precursor to Jurassic Park, it shows Crichton's penchant for dinosaurs and the history that they represent.

Supreme Court Snippets: Masterpiece Cakeshop, Ltd. v. Colorado Rights Comm’n

Facts

In 2012, a same-sex couple visited Masterpiece Cakeshop with the intention of ordering and purchasing a cake for their wedding.  The owner of the shop told the couple that he would not make the cake due to personal religious objections—he would not make a cake for a same-sex marriage.  A discrimination charge was filed based on sexual orientation in accordance with Colorado Anti-Discrimination Act.

 

Procedural History

 

The Colorado Rights Commission decided that Masterpiece Cakeshop did in fact violate the Colorado Anti-Discrimination Act, and it ruled in the couple’s favor.

Opinion

KENNEDY, J., delivered the opinion of the Court, in which ROBERTS, C. J., and BREYER, ALITO, KAGAN, and GORSUCH, JJ., joined.

There are two main issues at the heart of the case: (1) the authority of a State and its governmental entities to protect the rights and dignity of gay persons who are, or wish to be, married but who face discrimination when they seek goods or services, and (2) the right of all persons to exercise fundamental freedoms under the First Amendment, as applied to the States through the Fourteenth Amendment.

The reason and motive for the baker’s refusal were based on his sincere religious beliefs and convictions. The Court’s precedents make clear that the baker, in his capacity as the owner of a business serving the public, might have his right to the free exercise of religion limited by generally applicable laws. Still, the delicate question of when the free exercise of his religion must yield to an otherwise valid exercise of state power needed to be determined in an adjudication in which religious hostility on the part of the State itself would not be a factor in the balance the State sought to reach. That requirement, however, was not met here. When the Colorado Civil Rights Commission considered this case, it did not do so with the religious neutrality that the Constitution requires.

Given all these considerations, it is proper to hold that whatever the outcome of some future controversy involving facts similar to these, the Commission’s actions here violated the Free Exercise Clause; and its order must be set aside.

The Commission’s hostility was inconsistent with the First Amendment’s guarantee that our laws be applied in manner that is neutral toward religion. Phillips was entitled to a neutral decision maker who would give full and fair consideration to his religious objection as he sought to assert it in all of the circumstances in which this case was presented, considered, and decided. In this case the adjudication concerned a context that may well be different going forward in the respects noted above. However later cases raising these or similar concerns are resolved in the future, for these reasons the rulings of the Commission and of the state court that enforced the Commission’s order must be invalidated.

The judgment of the Colorado Court of Appeals is re­versed.

It is so ordered.

GINSBURG, J., filed a dissenting opinion, in which SOTOMAYOR, J., joined.

Statements made at the Commission’s public hearings on Phillips’ case provide no firmer support for the Court’s holding today. Whatever one may think of the statements in historical context, I see no reason why the comments of one or two Commissioners should be taken to overcome Phillips’ refusal to sell a wedding cake to Craig and Mullins. The proceedings involved several layers of independent decision-making, of which the Commission was but one. See App. to Pet. for Cert. 5a–6a. First, the Division had to find probable cause that Phillips violated CADA. Second, the ALJ entertained the parties’ cross-motions for summary judgment. Third, the Commission heard Phillips’ appeal. Fourth, after the Commission’s ruling, the Colorado Court of Appeals considered the case de novo. What prejudice infected the determinations of the adjudicators in the case before and after the Commission? The Court does not say. Phillips’ case is thus far removed from the only precedent upon which the Court relies, Church of Lukumi Babalu Aye, Inc. v. Hialeah, 508 U. S. 520 (1993),where the government action that violated a principle of religious neutrality implicated a sole decision making body, the city council, see id., at 526–528.

For the reasons stated, sensible application of CADA to a refusal to sell any wedding cake to a gay couple should occasion affirmance of the Colorado Court of Appeals’ judgment. I would so rule.

 

A Day in the Life: The State Attorney's Office

Working at the State Attorney’s Office this summer has been such a fantastic experience so far.  I have been fortunate enough to be placed in the White Collar Crime unit, and they have let me very hands on.  All of the people (paralegals, lawyers, secretaries, etc.) have been very friendly and helpful.  My favorite part of my internship so far has been reading official investigative documents and evidence.  One of the tasks that I do is synthesize large amounts of evidence to manageable chunks to help the state attorneys with their case load.  It is really interesting to listen to witness interviews, and I am quite the transcriber these days!

I am also fortunate enough to be able to attend court proceedings—sometimes invited by an attorney, and sometimes just for myself.  The attorneys encourage me to observe any cases that I am interested in, regardless of the department that has the case.  No, being in court is not as dramatic as Law & Order makes it seem, but it is very exciting nonetheless.  The judges have no tolerance for shenanigans in the courtroom, so if you rub them the wrong way, they will use their authority.  And, anything from negotiations to witness statements can have you on the edge of your seat.  There have even been some surprise reveals, but not as “plot-twisting” as the ones written into the script of a television show.

The most exciting accomplishment that I have had so far is a chart that I created for a bank statement has been given to a jury to illustrate the deposit and withdrawal of money.  A real jury is going to see my work!  I do not have a by-line or anything, but knowing that my work will make that much of a difference and an impact is gratifying.  That is not to say that everything I generate is perfect on the first try.  I am human, I make mistakes, but the attorneys here have taught me things that I do not think I could have ever learned in the classroom setting.  If you have an opportunity to get some real-world experience, I would definitely take it.  It does not matter who you work for or what you do.

My research skills have been put in use quite a bit in this position.  I have to look up statutes and previous case law all of the time in order to make sure that we have covered all of the elements of crimes and prepare before the cases go to trial.  You never want to be unprepared in court.  Sometimes that is easier said than done when investigators bring you six giant binders full of all of the evidence for a case and different documents that are necessary.  You never know what and how the different things you learn in school are going to come in handy.

 

Hope you are enjoying your summer!

 



Meet The Law Girls

Well, guys, it has been about three months since we started this endeavor with sharing our life and law school experiences with you. Today, we take a little bit of time to give a more in-depth introduction of ourselves to you! So you know exactly who The Law Girls are.

Law Girl with Pearls

I am a 2L at SMU Dedman School of Law in Dallas, Texas.

I was born and raised in West Palm Beach, Florida.  I received my Bachelors in Business Administration in Accounting with a minor in International Studies from Southern Methodist University.

Originally, I thought that I was going to be a CPA and work as a tax accountant in one of the Big Four Accounting firms.  What changed my mind was my accounting internship during the second semester of my senior year of undergrad.  I had applied to law school with the intention of giving myself multiple options when I graduated, but it quickly became my first choice path.  I truly enjoyed the accounting work, but what I fell in love with was the puzzle of the law.

1L year was quite an adventure, that is for sure.  It was the first time that I wrote papers since my sophomore year of college.  The adjustment curve was definitely there for me.  The great part of it all was that my school had so many resources to accelerate my writing skills and help me get back in the rhythm of preparing research papers.  I cannot tell you how much time I spent with my TA going over techniques.  I still have such a passion for tax and international relations.  When I begin to practice, I want to work in the area of international tax law.  I want to work in an advisory corporate setting.

I am a new cat mom.  I just adopted two cats named Lucy and Ethel.  They are super cute and super talkative!

Blue Jay Law Girl

I am a 2L at Creighton University School of Law in Omaha, Nebraska.

I was born and raised in Las Vegas, Nevada. I have a Bachelor of Science in Chemistry with emphasis in Professional Chemistry and a minor in Physics from the University of Nevada Reno.

My plan was to go into Forensic Science but after the State of Nevada announced that they were trying to implement a law that would change the way the state operated their sex offender registry, I changed my plans and decided on law school. I took the LSAT on three months of preparation. I went from the decision to go to law school to my first acceptance in just about 8 months.

I have two cats, Mommas and Mooch! I am also a die-hard fan of the Cleveland Browns, Cleveland Indians and the Vegas Golden Knights.

My 1L year wasn't exactly ideal. As most of you know, I've mentioned quite a few times about this injury I suffered. Well, six days before 1L Orientation, I was packing the rest of my belongings to move from Reno, Nevada to Omaha and, when attempting to lift a desk, my knee buckled - and popped - and down I went. Turns out, I had a trimalleolar fracture of my ankle (basically, broken in three places, one of the worst you could do) as well as a dislocated and broken kneecap, a torn medial patellofemoral ligament, and I tore all the cartilage out from underneath my kneecap. I had surgery for two plates and nine screws in the ankle, moved to Omaha, and had open knee surgery the Friday before Labor Day - right after Torts lecture - and was back in class for my 8a Property lecture the Tuesday after Labor Day. I spent 16 weeks not being able to drive - and in a walking boot - and 8 weeks not being able to put weight on my leg. I survived 1L with a 2.16 GPA after both fall and spring semesters. When we tell you that you can do anything, we mean it! You can do anything and you will make it through, no matter how bad it seems.

After law school, I plan on going into criminal defense even though I'm not sure 1) where I'm taking the Bar or 2) if I'm going to go into solo practice or be a public defender.

Now you know a bit more about us than what you see when you click our bios! Never forget, we are here for you and if there's ever anything you have questions on, just ask!! We're all in this together!

In the words of Tigger, ta ta for now!

Journaling: Putting Your Thoughts on Paper

Coming from my peers, I found that a lot of people are actually afraid to start journaling.  Some people did not want to put another "commitment" on their plate, some did not want to do it incorrectly, and some just couldn't  imagine putting their thoughts into words.


I personally find journaling very therapeutic.  If I am having an internal debate, sometimes I will write down the pros and cons circling around in my head and the visual aid will help me in making my decision.

No Right or Wrong

Journaling is one of the few places where there are no right or wrong answers.  I’ve come to enjoy this—there are not many places where this is the case.  In all parts of school, you are expected to produce a certain work product.  That isn’t the case here, your journal is for you and you alone.  Do what makes YOU happy.

I love letting my thoughts race freely from my head to the paper.  If a song is stuck in my head, that goes in my journal.  It’s freeing and fun, especially with all of the regulations in legal writing.  Let your journal reflect you.

Be-You-tiful

I’m not one for sharing my journal, so I can put anything and everything down on paper.  Yes, I guard my journal with a fervor.  But, it’s like protecting my inner-most thoughts.  There is nothing with having some personal boundaries.  You need a space of your own, and it’s okay if your journal is yours.  And, there is no need for a fancy, leather-bound book.  You can have a small notepad with paper covers.  It’s all you.

Feel happy and free. Enjoy your paper adventure!

Advice from the Nebraska Supreme Court

I will be the first to tell you, spring semester was intense. Especially during the last month prior to finals. However, in the middle of everything - way back in the first week of April -  I was lucky to have one of the coolest experiences of my young law school career. The Nebraska Supreme Court held a session of oral arguments in our Gross Appellate Courtroom at Creighton University School of Law. Granted, as a 1L my attendance was required by our Legal Research & Writing professors, it was something I was certainly glad to have been a part of.

Luckily, the court allowed us to have pen and paper available in the courtroom and I was going to write this whole long post about every case that was argued before I decided...you don't want to hear all that.

But, what I do bring to you...is the advice of the Justices that I gathered from the after argument Q&A session.

The Nebraska Supreme Court

The Court is made up of seven justices. However, due to the death of one justice - and the unexpected resignation of another - the Court only had five sitting justices, a district court judge and judge from the Court of Appeals.

The Court was composed of the following justices during the arguments I saw:

Chief Justice Michael Heavican

Justice Stephanie Stacy

Justice Lindsey Miller-Lerman

Justice William Cassel

Justice Jeffrey Funke

They were joined by district court judge Stefanie Martinez, from the 2nd Judicial District and judge Francie Riedmann from the Court of Appeals, 3rd Judicial District.

Q&A Session

Questions were asked of the justices by the Creighton School of Law, Class of 2020. The questions, and their answers - to the best of my note taking ability - are here below.

Q: Is more weight given to the written briefs that are submitted, or to the oral argument?

A: Justice Miller-Lerman: "Everything.

A: Justice Cassel: "You can't have an oral argument bring new matters that aren't mentioned in the brief."
A: Justice Funke: "Briefs are important as they are always reviews, but oral argument expands on that."
A: Justice Stacy: "We do re-listen to arguments [arguments are recorded] to confirm our approach to the case."

Q: What are the next steps for the Court after oral argument?

A: Justice Cassel: "We talk about the case. The judge who will author the opinion, the author judge, is assigned by the court clerk and the writing imposes a discipline that is integral to the decision process. It requires careful thought."

A: Justice Funke: "I need to see the opinion written. I may or may not be on board."

Q: Does Nebraska exercise de novo review?

A: Justice Funke: "We do for juvenile cases, domestic cases and for abuse of discretion."

A: Justice Cassel: "Everyone on the court uses heading for standards of review and the standard is usually controlling."

Q: Is it a pet peeve when someone does not give a direct answer to a question?

A: Justice Miller-Lerman: "It is never a trivial question and the judge is confused."
A: Justice Cassel: "There was a lawyer yesterday where I asked, 'So the answer is yes?'"

A: Justice Stacy: "Just answer the question!"

Q: Do you have a preference in regards to the presentation?

A: Justice Stacy: "Sometimes lawyers tell too much, thinking we haven't read the brief. But, persuasion starts with high points. A roadmap helps for the queue of questions; what is most persuasive?"

A: Chief Justice Heavican: "It is important when arguing that you know it is your opportunity to discuss what is most important in your case."

Q: How do you prepare for oral arguments? If you had an extra hour in the day, what would you do with it?

A: Justice Miller-Lerman: " Go to bed earlier. Read briefs for strength and give the research to the law clerks."
A: Chief Justice Heavican: "Key cases that are cited will be reviewed."
A: Justice Cassel: "Read as much of the record as is appropriate."

A: Justice Funke: "I read the record, pleadings by attorneys and transcripts. Were the questions and affirmative defenses framed correctly. There are two types of law clerks: career clerks and term clerks. Career clerks stay with a particular judge for a long period of time while term clerks are usually fresh out of law school, they just passed the bar. For Nebraska, term clerks for the Supreme Court clerk for two years"

A: Justice Stacy: "Author judge prepares the bench brief to help the other justices be well informed."

Overall, it was a very interesting perspective to have. I encourage all of our readers to check your local court calendars - Supreme Court or Court of Appeals - and see when they hold oral arguments and check them out if you can! It is definitely an experience in and of itself that is completely different from being in trial courts or even in school competitions.

Hopefully, these answers help you see how the Justices on one state Supreme Court see their job.

Stay classy everyone!

~BlueJayLawGirl

Summer Reads: Part 1

As we all somehow find some more free time during the summer, I will share some of the books that I am able to read for fun over the summer.  It will come in installments as I finish books and am able to post.  Welcome to part one.

You by Caroline Kepnes

Genres: Fiction, Thriller, Suspense, Psychological Fiction, Romantic Suspense

Rating/Success: 89%

Joe Goldberg, a small bookstore employee meets Beck.  He is instantly enchanted by her and finds her on Twitter--intrigued by her every move.  After orchestrating a "chance" meeting again at a subway stop, they start a whirlwind romance with more ups and downs than the world's most intense rollercoaster.  As time passes, Joe's oddities come to light, and Beck's friends begin to warn her against Joe.  He can't have that.  He must have Beck, and he won't stop at anything to keep her in his grasp.

I could not put this book down.  It wasn't like a traditional cheesy romance novel.  Yes, there was the appropriate amount of mushy stuff, but the plot twists and the scary moments kept me glued to the pages.  This book shows that there is more to every person than meets the eye--and first impressions do not reveal everything you need to know about a person.  Those who seem the most harmless can actually be the most dangerous.  If you like a bit of a mystery, but you are not a fan of anything too frightening, I really recommend this book.  Grab it for your next long flight or car ride!

ISBN: 978-1-4767-8560-8

Happy summer!

To Drink or Not to Drink, That Is the Question

Alcohol is served at almost every single professional event.  You always see people walking around the room with a beverage in hand.  Is it appropriate as a recruit, or prospective employee, to drink?  If so, how much is acceptable?  There is no hard and fast rule, but here are a few tips to help you navigate these tricky waters.

Gauge the Environment Around You

Does it seem like only the partners are indulging?  Are most people enjoying beer and wine, or are mixed drinks the norm?  You want to blend in as much as possible.  Think "chameleon".  Also, you do not want to overdo it at a professional event.  Self-police how many alcoholic beverages you can enjoy, so you do not lose your focus, and you are still conscious of your actions.

You never want to be the center of attention.  If you drink a little too much, excuse yourself and head home.  It is better to show up and leave a positive and short impression than be "that person who ended up dancing on an elevated surface".  If you are not a drinker, do not fret--no one is asking what is in your glass.  Get water, soda, or any beverage that you want, and no one is going to cross-examine you.

Keep a Clear Head

Everyone knows alcohol impairs your judgment.  This is no secret, and it is easy for someone to tell when your judgment is impaired.  You need to pace yourself, and you need to regulate yourself.  You may make connections at these professional events that could land you your dream job or your dream internship, but unfortunately, it can all be erased if you do not keep tabs on yourself.  Just because there is unlimited free alcohol does not mean that you can treat the event like an undergraduate fraternity party.

At professional events, you are there to make a good impression.  Sloshed and slurring is not the image that you want to leave with anyone, even if it is an associate.  Following these events, the firm often asks its employees to share information about the people that they found memorable (and this means the good and the bad).  Make sure that your behavior lands you on the nice list.

Take an Uber or Lyft

At these events, I personally choose not to carpool--I would much rather depend on Uber or Lyft to get me home.  There is no way to keep perfect tabs on a designated driver, so I always choose to be safe and take one of these services home.  I am lucky in the fact that my Uber/Lyft rides are never very long, so I come out with a fare that's usually less than $10.  But, if there is a large surge in the area, I will share the ride with a friend that lives close to me.

The important thing is to be smart, be safe, and do what is best for you.

Lots of love,

Caffeine Crashes and How to Avoid Them

These days it seems like everyone gets their fair share of caffeine--whether it comes in the form of coffee, soda, or energy drinks.  People also are all too familiar with the afternoon crashes that often follow the consumption of caffeine.  The little-known fact is that people do not know that this issue is completely avoidable.

The Definition of Caffeine Crash

Caffeine crash (n.): A crash that usually occurs a few hours after a person has consumed a moderate to high dose of caffeine and was previously in a tired state.

Common symptoms of a caffeine crash:

• Extreme fatigue
• Inability to concentrate
• Irritability
• Dozing off

The good news is that these symptoms can be lessened or eliminated by taking a few simple steps.  Changing some habits could definitely be worth it to increase your energy levels.

How to Avoid the Crash

The first step is to try to get as much effective rest as possible.  As a lawyer and law student, this is very difficult, but this means to avoid unplanned naps, attempt to regulate your sleep schedule, and turn off your electronics once you climb into bed to avoid blue light.

Second, try to spread your caffeine consumption throughout the entire day.  Rather than consuming your coffee back to back, drink one cup in the morning and one in the afternoon.  This avoids shocking your system with a huge dose of caffeine.  Instead, the caffeine is allowed to slowly enter your system and power you throughout the day.

Third, do not give yourself an unreasonably high dose of caffeine at one time.  A single serving of caffeine is considered to be 100-200 mg (the amount in a single serving of coffee).  If you ingest more than this at one time you will probably experience a crash during the day.

The fourth step is to consume food with your caffeine.  It is best if this food is rich in protein and other essential nutrients rather than a sugary muffin or donut.  Having caffeine on an empty stomach can lead your body to process the caffeine too quickly and a crash.

Finally, STAY HYDRATED.  The only way to do this is to drink plenty of water throughout the day.  Caffeine crashes are often due to dehydration.  A proper amount of water keeps your body's natural processes functioning correctly.  Unfortunately, there are no shortcuts here.  Juice, soda, or any other drink is not a substitute for water.  You need to drink legitimate H2O to keep up your hydration.

Keep your energy and productivity up,

How to Network and Why it is Important

Shake Hands with Anyone

Believe it or not, almost everyone feels awkward at networking events.  It is a room of people where people only know a handful, and they are not sure who they should talk to first.  Usually, the best approach is to introduce yourself to the first person you see.  When you begin to discuss your interests, that person will usually introduce you to the key people that you need to know.

For example, you see a woman standing near the entryway who is not already engaged in a conversation, just approach her.  The conversation will naturally flow, and then she will introduce you to another person.  This is the simplest way to work the room.  Eventually, you will come full circle.

Have a Variety of Topics in Your Back Pocket

You never know what you could have in common with a person--and people always surprise you.  Maybe you both have climbed the Sydney Harbor Bridge, maybe you both love deep-sea fishing, or maybe you both love to attend Major League Baseball games.  It is also smart to check current events right before you leave or on your way over to the event.  Sometimes a new headline might sneak its way into a conversation.  Just make sure not to make any super politically charged statements--it might turn people off.

Having a list of generic questions prepared is good, but having specific ones while revealing you did research before the event is even better.  Everyone loves telling stories without having to start at square one.  A notebook to write down pertinent information might be useful in this situation, just in case something really sticks out as interesting.

Make Sure to Get Their Contact Information

This is probably the simplest, yet most commonly made mistake.  Someone attends an event, has numerous spectacular conversations and no way to contact the people following the event.  I like to send a little thank you blurb to everyone that I met via email.  That way, you remind them who you are, and you stay on their mind.

Also, if you get business cards, it is useful to make a note on the back of each one.  You can write when and how you met them and your common connection.  This way, you will be able to remember who they are in case he or she invites you to coffee or another event afterward.

Don't be afraid to put yourself out there, and don't be afraid to show them who is boss.

Exercising in Law School, Yes it is Possible

Make a Plan That is Easy to Follow

As it is with anything in law school, you have to make everything as simple as possible.  That includes your exercise routine.  Generally, if you focus on one part of the body for each workout, then it creates a goal that is easy to reach.  And it avoids you from getting discouraged.  It takes a person an average of 66 days to create a habit so, that just means you need to stay on top of it for a month and one week.  That doesn't sound so impossible, now does it?

Get Guidance if Needed

Most people have no clue what they are doing (and that still includes me) when they try to create workouts.  The best part is that there are many options here to learn more about how to move your body.  Some people prefer to use a face-to-face personal trainer that can guide them through the movements and teach them how to use machines.  Some people prefer to participate in group classes, which are available at almost every single gym.  Some people even prefer to use a workout app to guide them along the way at their own pace.  No matter what works for you, there is a multitude of options.

The one grave mistake that must be avoided is signing up for a membership to something like Pure Barre or Soul Cycle if you know that you will not keep up your commitment.  These memberships can be quite expensive and create a black hole in your wallet if a location is just a little bit too far to be convenient, or if you only have time in the early morning or late evening.

But before you pay for any membership, check with your school! Some schools offer free admission to their fitness centers if you are enrolled as either a part-time or full-time student. This could save you hundreds of dollars in the long run!

My Personal Favorite

(This is not a sponsorship or encouragement to use this service; I just find that it works best for me and my schedule.)

I use Sweat: Kayla Itsines' Bikini Body Fitness Workouts.  It is super convenient, and it comes on a multitude of platforms.  You can log on using your computer, or you can download the app.  I like to do the workouts in the middle of my living room with a workout playlist pumping through my Bluetooth speaker.  The workouts are 30 minutes long with 30 minutes of cool-down stretches.  Minimal equipment is required because most of the moves are body-weight focused.  To me, this means no travel time to the gym, little to no clean up, and I can get back to my assignments right away.

Accountability Buddies

I love having a workout buddy.  This year, I had a fellow friend that would always remind me the days that we promised to work out together during the week, and we would challenge each other to either make or find the best workout playlist of the week.  She lived within walking distance of my apartment, so we would go to my place after class and walk home.  Sometimes we even rinsed off real quick and studied together.  It made the workouts super fun, we could socially chat and take our minds off of school, and then get back to the grind.  Both of also appreciated the fact that we got some blood flowing before we sat back down.  We did it Elle Woods style.

Gym Fear

If you do choose to enroll in a gym program or some type of membership, just remember--no one is actually watching you.  Okay, the guy that keeps peeking over might be checking you out, but what's the harm if he ends up asking for your number?  A free coffee?  A nice meal?

Most of the other people at the gym are there for the exact same reason that you are--to have a fantastic workout before they have to face life again.  Do not be afraid of the "gym bros" or the people who like to watch themselves do reps in the mirror.  They are wrapped up in their own world anyway, and they are not paying you any attention.  The gym is actually a judgment free zone, so do not be afraid to step off of the treadmill and lift some weights.

You can do it!

The How-To Guide on Working with People You Dislike

It has happened to all of us--we have been stuck in a group with that ONE person that makes us so angry we could yell.  Somehow, we have all survived those experiences with varying levels of injury.  As anyone who works in a professional setting will tell you, you will always have to work with someone that you cannot stand.  Here are a few pointers that I have found useful to myself when I am put in these situations.

The One Who Won't Pull His/Her Weight

I think I find this situation the worst.  I am always of the opinion that "if you are not going to try, then why are you even here?"  This kind of person is dead weight on the team--you can ask him/her to fulfill a task, but there is no guarantee that it will be completed or completed to an acceptable level.

Fill the Void Yourself

I know this is not a solution that anyone wants to hear, but it is the honest truth.  If you have a dead-weight, then it is still your team's responsibility to get all elements together for the project.  Sometimes, this means that you have to bite the bullet yourself and do the part that the dead-weight will not do.

There is one bonus to this outcome.  (Hard to believe, I know.)  Your professor/boss will be able to detect the dead-weight in the group very quickly.  The person who did not complete their part is easily detectable.  If it is a written paper, a professor will be able to read it and know that it is all in one voice.  Presentations are a chance for the biggest red flags to pop up.  If there are gaps in a person's knowledge, it is going to be blatant when someone is standing in front of the class with very few things to say.

Let the Gaps Stay Present

Sometimes you are under too much stress to do anything than your initially assigned part.  In these cases, you have to let the chips fall where they may.  Sometimes one must "suck it up" and let it just happen.  If the parts were assigned by your professor, he or she will know exactly who did and did not fulfill the necessary obligations to fulfill the project's specifications.

This is not my first suggestion, especially if the parts were not specifically assigned to each person.  The professor may think that you or your group forgot an essential part of the assignment.  This can strongly affect your grade.  But, if you have to take a few points off of your grade rather than bombing then entire assignment, that may be a sacrifice you must make.

Explain the Situation to the Professor

I know that no one wants to be a tattletale, but if you are having that much trouble with a member of your group and everyone in the group has done everything that they could, sometimes you have to go to your last resort.  There has been only one time that I have had to do it, but the professor seemed to already know what was going on.  The professor knew that the one group member had not been meeting during all of our planning meetings, and he was very aware that the group member was not researching his piece of the project.  Professors are often significantly more perceptive than we give them credit for.

The One Who is the "Know-It-All"

Your first instinct, in this case, may be to confront the troublemaker of the group.  That is not the best choice.  If a group member is starting out hard-headed, there is no reason to believe that they won't continue to be.  The best thing to do is to make strong suggestions, and take things in the direction that you believe will produce the best product possible.

Avoid the Screaming Match at All Costs

Lawyer personalities--we are all Type A.  This means that we do not always keep our cool, but in this case, it is imperative.  No one likes the person who overreacts or explodes.  It makes everyone fearful of your future reactions to their ideas and input.

Screaming matches also do not make one appear very professional, but rather immature.  This is something that people will remember well into their professional careers--when they are either facing you in the courtroom or sitting across from you in the conference room during negotiations.  The impression that you leave with people now is the impression that they will have for the rest of time.

No One Can Actually Know It All

There is no such thing as someone who is omnipotent.  No single person can actually know every piece of knowledge that is possible to know.  When someone makes a mistake, do not be quick and unsympathetic.  It could be you that has cases and facts mixed up, and you do not need someone to turn around and meanly point it out to you.

When the "Know-It-All" comes down off of his or her pedestal, there is no need to make it a larger deal than it is.  After he or she admits that he or she made a mistake, let it go.  Everyone will respect you more for that than pointing out the fact that you are right and rubbing it in.  Be a team player and support the others.  Do not let others define you.

There is No Such Thing As Perfect

Even if you have the exact group that you want, nothing will be perfect.  Friends will make mistakes.  People who you thought you could trust will let you down, and life will give you your fair share of speed bumps.  No matter what, keep your head held high, a strong sense of dignity, and your composure.

Believe me, I have been there.

Grammarly: Catching the Mistakes You Didn't Know You Were Making

The Grammar Tool of the Future

Grammarly is a free program that you can download onto your computer and use with a multitude of programs, such as Microsoft Outlook, Microsoft Word, your internet browser, etc.  It catches common grammar mistakes that people make in writing.  I use it while composing thank you notes, emails, and professional letters, so I do not send something with a simple error that I did not catch when proofreading.

Check with Professors before Use on an Assignment

If you download Grammarly, and you plan on using it for Legal Writing assignments, make sure that you ask your professor if they allow the use of the tool on your assignments.  Some professors express that you cannot use any kind of grammar/spelling tool rather than the traditional "spell check".  Following the directions and regulations set forth by your professor is paramount.

There is a Premium Version

I myself only use the free Grammarly program, but there is a more advanced version that requires a subscription fee.  I have not felt much of a need to upgrade, but if you are not comfortable with your grammar skills, it might be worth it.

The Application Made Me a Conscientious Writer

After using Grammarly for a while, I started to catch some of the common mistakes that I made when writing.  I learned while working with Grammarly how to be a better proofreader for myself.  This is a way that can even help you practice your writing before you work on final papers or projects on which Grammarly is not permitted.

You Can Download It Easily and Quickly

In order to download Grammarly for your computer and its programs, follow this link:
Grammarly

Enjoy,

I Took My Boyfriend To Class

It's no question that law school is tough. All through orientation I was told, "Law school is a marathon, not a sprint." However, I have the added stress of being in a long-distance relationship –  on top of my 1L status – which makes life a hectic, stressful feat, in and of itself.

One of the benefits of my relationship though is that my boyfriend, whom I've been with since November 2016, is a lawyer himself with his own criminal defense firm in Boise, Idaho. This makes the distance between us approximately 1,248 miles – not that I've confirmed this with Google Maps a dozen times for accuracy. While things are tough, he makes every attempt to visit me in Nebraska – especially during breaks. So far, he has visited Nebraska five times since August, when he helped me move into my apartment –  since I had a busted leg (but that's for another story). But, it was this last visit that made things really interesting as it was against his usual M.O. of visiting during breaks; he visited when I had class. So, I proceeded to bring him to class with me. It was either that or he stay at home by himself and the cats until taking him to the airport immediately after class. My boyfriend, two years post-Bar Exam and 2.5 years post-graduation, sat in on three of my second semester 1L classes: Legal Research & Writing II, Civil Procedure II, and Constitutional Law II.

**Disclaimer: I asked permission of all my professors a week or two in advance of my boyfriend actually sitting in class.

Legal Research & Writing II: 9:30-10:45a

This is my first class of the week and honestly, it's a great way to start. I sit in the very back of class - due to my having chosen the spot last semester due to my leg injury (again, this is for another story) - so, it was easy for my boyfriend to not be a distraction to the other students. My professor is very laid-back and has a sarcastic sense of humor, and she also brings baked goods on occasion. This day was no exception as she brought homemade cookies for everyone (there are approximately 16 kids in my LRW section). This week, our class was light in nature as we were doing mock oral arguments, for extra credit, in preparation of our Motion Brief oral arguments taking place next week.

After everyone got their cookies, and before we started oral arguments, my professor made sure everyone in class knew I brought "Show-and-Tell" to class. Boyfriend gave a brief introduction about himself and then gave everyone great reassurance that we are all in law school because we were rock stars in undergrad and that school believes in us and that this should translate to our oral arguments; go in confident, like a rock star, and believe in yourself. He also regaled the class about how terrified he is for his own upcoming oral argument in front of the Idaho Court of Appeals next month, letting everyone know that even as a lawyer, he still gets scared too. We then got into our mock oral arguments, which were all structured around silly topics like “heels are better than flats/flats are better than heels.” Since it was extra credit, and we were doing this for two class periods, I chose not to volunteer during class as the idea of giving an argument in front of Boyfriend – as well as being questioned by him – was nerve-wracking, even though I’ve watched him in court multiple times. Sure enough, he did ask questions of the other students who were presenting oral arguments and even got some kudos from my professor, who exclaimed how much she liked his style. Overall, he really enjoyed sitting in on this class with me.

Lunch Hour: 10:45a-1:00p

Everyone’s favorite time: lunch.  Boyfriend and I spent this time eating lunch that I had made the night before in the Commons. A few of my friends from class came by to talk to us a little bit more now that we were out of class. One of my classmates even told us that we have very similar smiles, something we had never been told before.

After eating lunch, I worked on filling out my application to be a 2L Orientation Mentor for next year’s incoming 1L class. Since this had to be submitted to the administrative offices, I introduced Boyfriend to the Assistant Dean of Admissions, who had watched me progress through my injury and heard all of the stories of how Boyfriend had been such a helpful and wonderful man during one of the hardest times. Plus, I had only been talking about him for the last 7.5 months, so she was dying to be introduced. She was so excited to finally be meeting Boyfriend that she came out and gave him a big hug because, “I feel like I know you at this point.” We talked for a good half an hour prior to going to class.

Civil Procedure II: 1:00p-2:30p

Honestly, Civil Procedure is probably the most boring class I could possibly have. However, my normal professor keeps it interesting by using Top Hat software for class participation. My professors NEVER calls on anyone during class. Unfortunately, we had a “substitute” professor to teach our class and it happened to be the teacher who is completely scatterbrained during lecture. So, we happened to be at the point in the course where we are discussing the Erie doctrine. For me, this topic is hard enough as it is but now I have a professor who gets sidetracked on random tangents trying to explain it to an entire class. Boyfriend found this class the hardest to sit through. We spent a good amount of time trading notes on a little piece of paper about little nuances that were going on. My professor was determined to see how our class had set up our “flowcharts” for the Erie doctrine – which I can guarantee, a majority of the class has not created a flowchart for this topic.

Professor kept asking us questions regarding an assignment that we had to do over the previous weekend, but no one was engaging or participating. Boyfriend found this the hardest part of sitting through second semester 1L classes: not being able to answer questions to which he now knows the answers to. He also took out the time to tell me that the Erie doctrine is really only a three-box flowchart for the Bar Exam, but that – of course for a 1L class – it would be a 15-box flowchart as it relates to school exams. Honestly, it was painful to watch Boyfriend sit through this class because it was just as painful for me and my classmates.

Constitutional Law II: 2:30p-3:45p

Boyfriend will be the first to tell you, he is a Con Law nerd. This actually rubbed off onto me in second semester of Con Law to where I found myself telling him, “I’m really sorry I said I hated Con Law so much.” Now, whenever I read something for class that I want to talk about, it turns into a 90-minute conversation about all the things related to that one topic.

Any who, my Con Law professor is also my favorite. He’s former military, wears impeccable tailored suits and I’m sure that every girl in class has somewhat of a crush on the guy. But, I digress.

We spent the day talking about First Amendment and fighting words, aka Chaplinsky issues. Being that Boyfriend is a Con Law nerd, he found it exceptionally hard to not input anything toward the conversation. He also commented afterwards about how he felt that my Con Law professor uses the Socratic method in one of the more proper ways he’s seen as well as the general overall structure. He also noticed how my Con Law professor tries to keep everything conversational and not as terrifying as it should be. He was kind of sad that we couldn’t get to one of his favorite First Amendment cases – Cohen v. California (1971). He will tell you this was probably his second favorite experience of coming to class with me.

Throughout the day, Boyfriend met several of my friends from class – all of whom I had told all about him because he’s just so awesome to me. Afterwards, a lot of my friends came up to me and told me how cool it was that he sat in on class with us and how nice of a guy he is. To be honest, I was terrified to have him come with me seeing that he had already done his three years of suffering, but overall it was an enjoyable experience.

Stay classy everyone!

Create-Your-Own Hypos

Sometimes, if you can't find a question to practice a topic that you are struggling with, the best thing to do is write your own questions.  I was having trouble with some torts topics so I created my own using my family as an example.

The Question

L and M were preparing for D’s birthday.  Because he “forgot” to text them back regarding what he wanted for his birthday gift, they decided to play a prank instead.  Being the crafty twins that they were, they put their heads together and tried to think of a joke for the record books.  Suddenly, they knew that they had settled on the perfect one.

L and M put a rose-haired tarantula in a box and wrapped it.  When they went home for fall break, they dropped the inconspicuous box (wrapped perfectly in lime green paper) off with their unsuspecting mother.  L and M requested that their mother bring D his birthday gift with her to Houston during her next visit.  She excitedly agreed and packed it in her carry-on.

The next day, Mom drove to the airport, still unaware of the contents of the lime green gift.  She dropped her luggage off at the Delta counter and then waited in the TSA pre-check line with her carry-on bag.  She sent her carry-on through the x-ray machine, and in their diligent search for shampoo and garlic spread, TSA did not detect the rose-haired tarantula.  M and L’s plan was working out perfectly.  Mom boarded the plane and placed her carry-on under the seat in front of her and followed all of the instructions from the flight crew.  She relaxed once the plane was in the air, and she pushed play on her playlist full of AC/DC and Queen.

Once Mom deplaned at the Houston-Hobby airport and retrieved her luggage from the carousel, she took an Uber to D’s apartment.  When she arrived at his door, she pulled L and M’s present out of her carry-on and knocked on the door.  D excitedly opened the door and greeted his mother, looking forward to opening the gift from his stupendous sisters.

D sat down on his couch and placed the exquisitely wrapped gift in his lap.  He read the card stating that it was from L and M.  He quickly ripped off the lime green wrapping paper revealing the box inside.  He smiled as he lifted the lid and then immediately paled.  In horror, he shoved the box off his lap.  The tarantula, in a panic, used its defense mechanism and shot one of its hairs towards D.  The hair embedded itself in D’s hand and he fainted onto the couch.  When he came-to, Mom had caught the spider in a jar and noticed D’s injury.  She promptly drove him to the hospital.

The doctors told D that his injury was infected, and he would have to miss a few days of his rotations because of the swelling in his hand.  D stayed in the hospital for three days until he was fully recovered, and then returned to rotations.  This time, he replied to his sisters’ texts in an angry fashion and told him that he was going to file claims against them.

1. What tort claims can D file against L and M?  Explain.
2. What tort claims can D file against Mom?  Explain.

The Challenge

Now that you've seen an example, I dare you to try this one or to write your own.  Bring on the back-firing sibling pranks.

Have a great laugh,

Law School Is Not a Backup Plan

Everywhere you look, and a lot of people that you talk to will try to tell you that law school is suitable to have as a backup plan.  This could not be further from the truth.  Law school takes an extreme amount of dedication and effort--for you to make it, you have to love it.  Do not take someone else's seat unless you are going to take it seriously.

Attending Lectures Are a Must

Some people could glide through undergrad without actually going to class.  This will not fly in law school.  The American Bar Association actually requests that law professors take attendance in their lectures because there has to be a record of "regular and punctual attendance".  If you do not fulfill this requirement, then the ABA can restrict you from sitting for the Bar Exam.

There would be nothing more frustrating than to put a ton of work into your education and not be able to receive your certification.  Law school tuition is not a laughable matter, either.  Students who decide to sleep in or skip are taking quite the expensive break--if you thought undergrad hours were expensive, multiply that three-fold.

Career Numbers Are Important

Every law school reports their numbers on the percentage of their graduates that are gainfully employed in a law-related career.  These statistics are used to rank the schools, as well as an advertising point for future students.  Career services offices do not take kindly to lazy students.  If any of the administrators at the institution do not believe that you are taking your legal education seriously, they can choose to expel you at their discretion.

This does not mean that you are "stuck" being a lawyer if that is not what you desire for your future.  The administration is willing to help you find a career in the place that will make you happy.  People can only help people that are willing to help themselves.

Law School and Stress are "Going Steady"

Law school has a notorious reputation for being very difficult.  This is not an untrue or invalid reputation.  You need to keep your thoughts in order to create outlines, you need to reach out to professors as soon as you are having difficulty, and you have to be disciplined enough to stay on top of your reading.  In the majority of law classes, grades are determined by one thing--a final exam.

One final determines your grade.  This means that the culmination of knowledge for an entire semester must be prepared and ready to go when the exam is handed to you.  Time-efficiency is key, so wasted time is detrimental.  Law schools do offer assistance in teaching coping mechanisms, but you still need to reach out for this help.

Lack of Motivation Means Lack of Degree Value

If a legal education does not mean much to you as a person, then you weigh down on the value of your degree.  Law school teaches you how to read, write, and argue in a way that you have never done before.  These skills are important in the legal profession, but if you roll your eyes at this, then you are doing your classmates a disservice.  As they are putting their pedals to the metal, you with the backup plan just take the easy way out.   This does not provide a strong learning environment

With people weakening the learning environment, the professors have difficulty finding participants in the class, on law review, and other programs in the school.  This does not reflect well when employers are looking at applicants from your institution.  The program suffers, the ranking suffers, and your degree suffers.

Law School is a Three Year Marriage

While you are in law school, it is your life.  It requires 100% of your attention.  You have to fulfill all of its requests and demands.  You have to put things aside in order to perform well.  If you do not take promises lightly, then you should not take your seat in a law school class lightly.  You have to be dedicated and faithful to school while you are there.  And you have to do that for a full three years.

xoxo,

Thank You Notes Dos and Don'ts

If you are in a professional industry like law, thank you notes are a way of life.  It seems like one is expected whenever you attend any event or meeting with another professional.  Because of this, you definitely want to have the knowledge of dos and don'ts in your arsenal of skills.

Dos

• Always open with a greeting thanking them for their time
• Refer to specifics of your conversation
• Make sure to speak formally
• Handwritten is usually better
• Unless they have specified email
• Make sure that you actually do say thank you (seems intuitive, but some people forget)
• Stay upbeat and positive
• Sign off with your name (another no-brainer, but some people make the mistake)

Don'ts

• Do not address them very informally
• Unless they have specified that you may
• Do not use colloquial language
• Do not write in cursive if you cannot write neatly--write in print if needed
• Do not just rewrite "thank you" in a multitude of ways
• Do not send on poor quality paper--always use stationary with matching the envelope

Before you send the note, double and triple check spelling and grammar.  It is best to rewrite a note than to keep the mistakes in your note.  When addressing the envelope, make sure to include the person's title.

An example is as follows:
John Smith
Defense Department Partner
Smith, Esq.
1234 Main St.
Seattle, WA 12345

As always, we hope that these tips help!

Business Professional, Business Casual, and Snappy Casual: What to Wear

When planning your outfit for an event, it is always tricky to decode the attire requested.  What's the true definition of all of the dress codes on invitations?  How casual is too casual?  Are you too formal?  Do you stick out like a sore thumb?

We are here to explain the top three dress codes for the law profession.

Business Professional

This is the most formal dress code that will be requested.

The Suit

Business professional usually indicates that people are looking for a dark suit.  Both pantsuits and skirt suits are permissible, and you can even wear a dress with a perfectly matched jacket.  Light colored blouses (white, off-white, and pastels) are considered acceptable.

The Shoes

With business professional, you usually want to dress as conservatively as possible, with your shoes matching the color of your suit.  Basic black pumps for black and gray suits and basic navy pumps that match the shade of your suit.

 

Choose a heel height at which you are comfortable walking.  You do not want your feet to be throbbing half-way through a networking event where you are searching anywhere for a place to sit down.  This could even make you miss an opportunity to meet the partner that is there for a short period of time.  It is also smart to break in the shoes a few days before the event.  Just put them on and walk around for thirty minutes at home each day until they are comfortable and form to your feet.

The Bag

The one things girls don't usually consider when planning for events is what bag they will bring.  The smartest choice is a medium-sized purse that you can fit a pen and notepad in, just in case someone forgets their business cards and you need to write down contact information.

A basic bag without too many frills is always a smart choice, so you don't look too trendy.  It also makes it easy to grab and go if you are in a bit of a rush, and it does not look like you are trying to "walk the runway" when you are making a first impression.

 Makeup & Hair

Makeup and hair: the trickiest hurdle.  For business professional events, keep it super simple.  You want to make sure that you look presentable, but not like you are going to a nighttime gala.

A mostly natural face is the best way to go.  That way, you are easier to recognize at other events, and you look polished.  The essentials that I always wear if I am in a quick time crunch are a foundation, powder, blush, mascara, pinky nude lipstick, and neutral eyeshadow.  If I have some extra time, a thin line of eyeliner and some simple contouring.

Your hair should be neat and simple.  I like to tie my hair back into a bun at the top of my head to avoid my bangs getting into my eyes.  If you have curly hair, finger combing through with some anti-frizz mousse is a safe bet. Or, if you have the extra time to spare, straightening your hair is always an option. I always set my hair with hairspray--it prevents flyaways and from your hair collapsing on you before the event is over.

 Jewelry

With jewelry, it is always good to go dainty and simple.  Nothing too flashy.  Small pieces in either silver or gold (depending on your taste and preferences) are a good bet.  Save the statement jewelry for another occasion.

   

If you have pierced ears, it is best if you wear some kind of earring, otherwise, your ears look oddly naked.  Simple necklaces that sit nicely on your blouse are a cute, feminine touch.  Bracelets aren't a necessity, but they pull your look together.  For those girls that like to wear more than one at a time, make sure that they are not too clinky when you move your arm--it can be distracting.

Business Casual

This is quite a step down--it is more laid back open for a little bit more for freedom of expression.

The Outfit

Business casual is quite a bit laid-back, and you can "mix it up" a little.

Cute sweaters, patterned skirts, decorative blouses, and colored slacks are all a definite yes in this category.  You can reveal a little more of your personal style.  One of my favorite things to do is wear an outfit in my school colors with matching red pumps and a red purse.  (I am definitely one for school pride, and there is an adorable skirt I found that has my three school colors weaved together.)  Don't be afraid to be a little bolder.

The Shoes

Here, statements and originality are not a bad touch.  It is okay to let some of your personal taste sneak in. 

 

I always like to wear heels because I am short, so it makes me feel a little bit more confidence and power, but a pair of nice flats is completely acceptable.  Just make sure they aren't the pair that has been hiding in your closet since freshman year and looking a little worse for wear.  If you are wearing an extra special pair of shoes, cropped pants or a skirt can help you make your statement.

The Bag

Your bag should always match your shoes, even if they are the ones making the statement.  If you are wearing black shoes, pair them with a black bag.  If your shoes are nude, then wear a nude bag.  But, the bag can be a little more exciting because of the nature of the event.

 

Again, I recommend a bag that can fit a pad of paper and a pen to collect some contact information. A good rule of thumb is a bag that can fit your wallet, your phone, and has a little extra room for anything else you may need to carry.

Makeup & Hair

Here, you can be a little more laid back with your hair--but by no means does that mean that it cannot be styled.  Messy buns, as long as they are pinned up can pass as a trendy and cute fashion choice.  You can also wear your hair down, as long as you set it with a flexible hold spray.  Frizz is still a strong no.

If you are worried about your hair going flat, investing in a good set of hot curlers is a fantastic idea.  Since full-on 80s hair hasn't quite made it back into the fashion world yet, you can comb your hair once you unpin it.  Then, flip your hair upside down and make sure to spray both sides of your hair with flexible hold hairspray.

 

The makeup rules here are also slightly more lenient.  You can accent with a bold lipstick or a little bit of "oomph" with your eyeshadow.

 

Jewelry

You can pull out some of your statement pieces for business casual occasions.  If you have a cute statement necklace or interesting earrings that match your outfit, feel free to use them to stand out from the crowd.

 

Snappy Casual

Snappy casual essentially follows all of the rules of business casual, but rather than slacks or a skirt, you wear your best pair of jeans.  The jeans should not have any rips or designs, they should be a solid dark wash.

  

We hope this guide has been very helpful, and that it will help you plan ahead for your next law or business event.

Hugs and kisses,

The Addicted Lawyer: Lecture by Brian Cuban

Brian Cuban, the middle brother of the famous Mark Cuban has quite the story to tell.  He revealed that the road to getting your J.D. and passing the bar is not that easy, and it can have even bigger obstacles if one is facing addiction.

The "Inner Child"

Some people think that addiction is linked to inner demons, but Cuban spoke of his inner child.  When he looked in the mirror, the reflection that looked back was a "disappointment" with less than average grades, a "fatso" that ate Chef Boyardee ravioli out of a can, and a "pushover" that was the target for the bullies at school.  His relationship with his mother became tumultuous early on in his childhood and worsened as he got older.  Every day, little Brian woke up with lots of "baggage" that he carried with him.

Brian's older brother, Mark, was entrepreneurial at a young age--riding his bike all the way from a small Pittsburgh suburb to Cleveland to obtain newspapers when the local press went on strike.  Brian looked up to his brother throughout his life.  One day, Mark gifted Brian with a pair of bell-bottom gold disco pants, as was in the fashion of the 1970s.  When Brian wore these to school, the bullying escalated even further.  On a walk home from school, the bullies tore Mark's gift off of Brian's body and shredded them.  Brain sadly walked home, attempting to hold up shreds to cover the lower half of his body.

In his mind, these actions validated all of the thoughts that echoed in Brian's mind when he looked in the mirror.  He felt very insignificant to himself and everyone else in the world around him.

The College Monster Reared It's Head

At 18 years old, Penn State freshman Brian looked forward to moving into his dorm and starting the next chapter of his life.  He was standing in the hallway when he spotted a cute girl with curly brown hair.  Mustering up the courage, he introduced himself and attempted to start a conversation.  She took in a breath, turned her head, and shouted "UGLY!" at the top of her lungs.  Brian's heart dropped to the floor and he hid in shame.

He was never going to date, no one was ever going to love him, and his entire life was out of control.  Grasping for any kind of control he could, Brian started to restrict his food intake.  He engaged in anorexic behavior, and his depression worsened.  This "control" did not make him feel better.  His eating disorder transformed into binging and purging bulimia, then exercise bulimia.  When Brian ate, he would go to the gym and exercise so much that it would completely offset his caloric intake.

He was in survival mode--he saw no future for himself.  His 21st birthday brought on even more negative change.  Brian deadened his emotions with alcohol.  The numbness dulled the constant pain.  He began drinking every night to be confident enough to socialize.  He drank every day to go to class.  For the majority of his junior and senior years at Penn State, he was in a constant state of drunkenness or hungover.  Brain did not want to face the real world.

One day, Brian heard some of his friends talking about attending law school.  He saw this as an opportunity to avoid reality for another three years.  When he sat for the LSAT, he received a decent score and applied to Pitt Law with his friends.  As soon as he received his acceptance letter, he sent his deposit and made plans to go to law school.

Why Did I Even Go to Law School?

The first day at Pitt Law--Brian reaching another milestone--was not the happy one that it was meant to be.  Brian's brain told him that every other student there saw right through him to who he really was: a fat pig that did not belong.  His instincts told him that all he had to do was survive.  He could continue drinking and survive.  However, quickly things began to deteriorate and he realized that he may not graduate.  The same habits he had in undergrad would no longer cut it.

During the first Civil Procedure class, the professor called on Mr. Cuban.  Brian replied that he did not know the answer to the question.  The professor persisted, phrasing the question in a different way.  Brian again refused.  The professor attempted a third time and Brian exploded.  "Leave me alone!"  This set the precedent for the rest of his three years at law school.  He was so ashamed of his behavior that he did not even attend graduation.

Downfall in Dallas

In 1986, Brian moved in with his brother Mark.  This was just gasoline on the fire.  He felt like Mark was babysitting him and pushing him to take the Texas Bar Exam.  Brian did not like the constant supervision, and he would often get into arguments with his brother over his behavior and excessive use of alcohol.

The summer of 1987 led to his introduction to cocaine.  He was in the bathroom of the Crescent Hotel for an event when another person offered to give him a line.  This brought him to a high that he had never felt in his lifetime.  When he looked in the mirror, he finally saw someone that was loveable.  He was instantly addicted to the feeling, even though he wasn't physically dependent... yet.

Mark finally encouraged Brian to take the Texas State Bar Exam.  Brian found a room in a seedy Fort Worth hotel where he could "study".  His study aides were 3 ounces of cocaine, a bottle of Jack Daniels, and 2 liters of Tab.  These study tools were not as helpful as he hoped they would be.  Brian failed the test twice before he finally passed by the skin of his teeth.

Passing the bar finally helped Brian become gainfully employed.  Cocaine became his new best friend.  He would bring cocaine to his office and the courthouse in order to clear his mind from the hangovers that he suffered from his constant drinking.

One night, Brian was out with friends, celebrating a court case win, and he decided to drive himself home.  A police officer pulled him over, tested his BAC and found that he was above the legal level.  He was charged with a DWI.  Brian called his lawyer and was able to escape conviction--he evaded the consequences of his addiction.

As his addiction to alcohol and cocaine progressed, he began to lose clients.  He was no longer effective at his job as counsel.  In order to maintain employment, Brian began to take cases that he should not have taken.  He was desperate.  Whenever friends or family reached out in concern, he denied their help and put on a mask of contentment.  He had attempted human connection through marriage, but after three failed he quit on himself.

The Apex

In 2005, Brian attempted suicide.  When his brothers Jeff and Mark entered his house, they found remnants of drugs and alcohol littered everywhere, and Brian was holding a gun to his head.  They took him to the Green Oaks Psychiatric Facility.  The trouble was that Brian, with his lawyer training, was able to talk himself out of anything.  He was discharged and ordered to spend two weeks at home with minimal contact with the outside world.  Angry for this lockdown, Brian lashed out towards good friends and family.  He called his drug dealer, who did home deliveries for his high-profile clients and wallowed in self-pity.

During January 2006, it seemed like Brian's life was on the upswing.  He met a fellow lawyer, Amanda, and began dating again.  Mark was very proud of his brother's progress and put Brian in charge of the construction of the American Airlines Center.  The longer leash caused Brian to repeat the cycle of addiction.  He began using again, and he would show up to planning meetings high or drunk.

April 2007 was an alarming wakeup call.  Amanda returned home to the residence that she shared with Brian, and she looked down at him passed out on the kitchen floor.  Two days were blacked out in Brian's memory.  He was readmitted to Green Oaks and received treatment.  Amanda stood by Brian for a decade, even though he initially refused to enter a residential facility or follow a twelve-step program.

The Happy Ending

It took Brian quite a while to convince himself to enter a twelve-step program.  Initially, he would do fake walk-bys down the hall before entering the room.  During his first meeting, he sat there crying as he listened to the stories and the testimonies of the other people present.  He could not help but compare his life experiences to the ones described.

This meeting made Brian long for one day of a clear mind.  He wanted one full day with his family.  On April 8, 2007, he spent a full 24 hours with his family.  Since that day he has not had a single drink or a relapse with cocaine.  Brian had to work through a lot to reach his sobriety.

He had to deal with the little boy with a troubled childhood with an overwhelming need of affirmation.  He had to let go of his anger towards his mother and the rest of his family.  He had to forgive himself.

Brian has been seeing a psychiatrist for 15 years dealing with his depression, and he even writes letters to his inner child about the importance of loving oneself.  "Shame knows no hourly rate."

"Wives and girlfriends may come and go, but all you have are your brothers."--Norton Cuban