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

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.

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,

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,