12.15.2006
The Settlement
The case for which I did the damage calculation settled for an incredible $1.5 million -- a welcome and unexepected result given our weak damage position. I was satisfied to learn from my attorney that my damage calculation was in-line with defendants'. (I do not know if they had an expert calculation.) That means I did a good job on my hard math! Too bad I already received my holiday bonus. . .
12.11.2006
Damages Calculation
My firm is getting ready to take a small class action case to mediation. Because the case is only worth $2 million, the attorneys did not want to hire an economist to calculate the damages. Instead, they had me calculate the damages.
I was an English major in college. I failed algebra 2 in high school.
Defendants gave us a spread sheet with raw data. The attorneys wanted a variety of calculations for damages and various statutory penalties. The calculations required me to tally the data in a variety of ways. While certain calculations were pretty easy, I had to get the data into shape upon which to base the calculations. I had to figure out formulas for calculating dates. For an economist or actuary that would be a no brainer. For a middle aged woman who defers helping her kids with their math homework, it was quite a challenge. At one point, I was certain my brain was going to ooze out of my ears. I actually developed a migraine headache -- and I never get migraine headaches, even when my daughter practices playing drums in the house.
Fortunately, I got deeply into the problem solving process so despite my frustration I was committed to figuring it out.
I was an English major in college. I failed algebra 2 in high school.
Defendants gave us a spread sheet with raw data. The attorneys wanted a variety of calculations for damages and various statutory penalties. The calculations required me to tally the data in a variety of ways. While certain calculations were pretty easy, I had to get the data into shape upon which to base the calculations. I had to figure out formulas for calculating dates. For an economist or actuary that would be a no brainer. For a middle aged woman who defers helping her kids with their math homework, it was quite a challenge. At one point, I was certain my brain was going to ooze out of my ears. I actually developed a migraine headache -- and I never get migraine headaches, even when my daughter practices playing drums in the house.
Fortunately, I got deeply into the problem solving process so despite my frustration I was committed to figuring it out.
12.04.2006
My Untenable Position
I am just the paralegal. Nevertheless, I seem to have quite a bit of responsibility and my attorneys rely on me. I don't have a problem with that. In fact, that is what contributes to my job satisfaction, i.e., having my narcissistic need to be needed satisfied. What is problematic, however, is finding my place in the firm. I have no idea how it is at other firms having no other paralegal experience, but in my firm I am really in some solo strata of the firm hierarchy.
Obviously, I am not an attorney. (Although I am highly educated. My boss used to brag about me when introducing me to colleagues. "This is our paralegal. She has a master's degree. . .")
I am also not a legal secretary. The legal secretaries in our firm have always been extraordinary professionals who knew things I never knew about legal work. But I was not one of them. I was not responsible for the day to scheduling, filing, preparing, calendaring, etc. I never had my own secretary like paralegals in the big defense firms so that relationship was never established. I always generated my own work product with help only in a pinch. I always feel awkward asking for secretarial assistance even though there are times when I could really use it.
This is sometimes a problem for me. I have no compadre, no cohort, no real peer in my workplace so I am left to negotiate the hierarchical dynamics on my own.
Obviously, I am not an attorney. (Although I am highly educated. My boss used to brag about me when introducing me to colleagues. "This is our paralegal. She has a master's degree. . .")
I am also not a legal secretary. The legal secretaries in our firm have always been extraordinary professionals who knew things I never knew about legal work. But I was not one of them. I was not responsible for the day to scheduling, filing, preparing, calendaring, etc. I never had my own secretary like paralegals in the big defense firms so that relationship was never established. I always generated my own work product with help only in a pinch. I always feel awkward asking for secretarial assistance even though there are times when I could really use it.
This is sometimes a problem for me. I have no compadre, no cohort, no real peer in my workplace so I am left to negotiate the hierarchical dynamics on my own.
11.26.2006
My Worst Experience At Work (So Far)
This happened several years ago. I was a newbie paralegal, having worked in my position for less than a year.
We had a big insurance bad faith case that was worth several million dollars. We had to oppose the summary judgment motion. The case was fact intensive. I created the separate statement of facts for our opposition. I enjoyed doing that. I knew the evidence in the case. I liked being part of the team and I felt like my contribution through the separate statement was a critical part of scripting our argument.
There were over 100 separate statements in this case.
While I knew the facts of this case, I had never worked on an MSJ before. I did not know anything about the procedure, the format -- any of it.
The night before the opposition was due, I was still pulling together evidence. The lead attorney looked at what I was doing, said it looked good. She referred me to another MSJ opposition for a template. She told me I also had to prepare the declaration. Then she said goodbye because she had guests coming to her house for dinner. It was about 7:00 p.m. when she left. She was not going to be in the office the following day because she had a deposition in another case to attend.
I looked to the MSJ she guided me to as a template. It had two exhibits, each of which contained deposition excerpts. I did not find it particularly helpful in relation to my document that had references to over 100 evidentiary citations.
I worked until 11:00 p.m. or so finalizing the separate statement and labeling the exhibits. I was nowhere near complete, having run out of steam to prepare the declaration. I went home. Fell asleep. By 7:00 a.m., I was back at the office, finalizing the exhibits and dictating the declaration so one of the secretaries could help me out by typing it.
Later in the morning, another attorney looked at my work. Apparently it was all wrong. I had not properly cited to the evidence in the separate statement. The way I compiled the deposition excerpts was not congruent with how our firm did in the past. (I later learned the way I had it drafted was not only acceptable, but was generally preferred by judges and law clerks going through the evidence.)
Everything had to be reviewed, tweaked, re-numbered. It was a disastrous nightmare that involved the entire firm. One of the attorney's had already prepared the declaration, even though I had dictated it because the lead attorney asked him to do so (without telling me). No one could reach the lead attorney. The secretary for the senior partner was unusually bitchy to me, muttering under her breath about what a fuck up I was.
I was devastated. I thought for sure I was going to lose my job. Fortunately, the firm understood that I was put in an unconscionable position. Despite my compunction and narcissistic belief that I could pull it off, the firm recognized that a new paralegal should not have been left on her own with such an important opposition to file. Needless to say, I now know how to put together an MSJ opposition.
We had a big insurance bad faith case that was worth several million dollars. We had to oppose the summary judgment motion. The case was fact intensive. I created the separate statement of facts for our opposition. I enjoyed doing that. I knew the evidence in the case. I liked being part of the team and I felt like my contribution through the separate statement was a critical part of scripting our argument.
There were over 100 separate statements in this case.
While I knew the facts of this case, I had never worked on an MSJ before. I did not know anything about the procedure, the format -- any of it.
The night before the opposition was due, I was still pulling together evidence. The lead attorney looked at what I was doing, said it looked good. She referred me to another MSJ opposition for a template. She told me I also had to prepare the declaration. Then she said goodbye because she had guests coming to her house for dinner. It was about 7:00 p.m. when she left. She was not going to be in the office the following day because she had a deposition in another case to attend.
I looked to the MSJ she guided me to as a template. It had two exhibits, each of which contained deposition excerpts. I did not find it particularly helpful in relation to my document that had references to over 100 evidentiary citations.
I worked until 11:00 p.m. or so finalizing the separate statement and labeling the exhibits. I was nowhere near complete, having run out of steam to prepare the declaration. I went home. Fell asleep. By 7:00 a.m., I was back at the office, finalizing the exhibits and dictating the declaration so one of the secretaries could help me out by typing it.
Later in the morning, another attorney looked at my work. Apparently it was all wrong. I had not properly cited to the evidence in the separate statement. The way I compiled the deposition excerpts was not congruent with how our firm did in the past. (I later learned the way I had it drafted was not only acceptable, but was generally preferred by judges and law clerks going through the evidence.)
Everything had to be reviewed, tweaked, re-numbered. It was a disastrous nightmare that involved the entire firm. One of the attorney's had already prepared the declaration, even though I had dictated it because the lead attorney asked him to do so (without telling me). No one could reach the lead attorney. The secretary for the senior partner was unusually bitchy to me, muttering under her breath about what a fuck up I was.
I was devastated. I thought for sure I was going to lose my job. Fortunately, the firm understood that I was put in an unconscionable position. Despite my compunction and narcissistic belief that I could pull it off, the firm recognized that a new paralegal should not have been left on her own with such an important opposition to file. Needless to say, I now know how to put together an MSJ opposition.
11.22.2006
Trial -- Day Four
I'm too tired to write anything in any detail. The trial has been going well. The judge is attentive. He makes rulings that are favorable to us. He asked our witness questions that would have been objectionable if Senior asked them. Of course, anything can happen when it comes to the decision. . .
I really like being in trial. I'm so grateful that I am considered a vital part of the team. Even though I am just the paralegal, I am involved in strategy discussions, debates about the meaning of the evidence, and other conversations pertaining to important case matters. I would really hate it if the guys just sent me home when we were done at the end of the day and did not include me in the de-briefing.
Fortunately, Senior, Junior1 and I have been enjoying each other's company. What I have learned this week, is that out of all of the attorneys in our firm, ironically, Junior1 and I seem to have the most in common. His tendency to be a condescending, elitist ass really pissed me off before. But I have a new appreciation for him now that we've been in trial together. Being in trial with someone is kind of like going to battle -- it really helps develop a bond.
I really like being in trial. I'm so grateful that I am considered a vital part of the team. Even though I am just the paralegal, I am involved in strategy discussions, debates about the meaning of the evidence, and other conversations pertaining to important case matters. I would really hate it if the guys just sent me home when we were done at the end of the day and did not include me in the de-briefing.
Fortunately, Senior, Junior1 and I have been enjoying each other's company. What I have learned this week, is that out of all of the attorneys in our firm, ironically, Junior1 and I seem to have the most in common. His tendency to be a condescending, elitist ass really pissed me off before. But I have a new appreciation for him now that we've been in trial together. Being in trial with someone is kind of like going to battle -- it really helps develop a bond.
11.20.2006
Homework
I didn't do my homework this weekend. I was meant to look up some cites in the deposition of our client -- but I just did not seem to get to it this weekend. I was so exhausted after the first week of trial that I slept a lot, paid attention to my family, baked pies for Thanksgiving and did other things unrelated to the trial.
It seems like I always have homework -- even though I am just the paralegal. Working out of the house, I have some flexibility as to how I spread out my work-day. (As a non-exempt employee I have to account for my hours.) While working at home I often end up doing some laundry, running to the market, surfing the Internet, doing carpool, cooking dinner, or working out at the gym. Because I am an honest person who is full of compunction, I make up the lost time working in the evening or on the weekends. After talking with other people who work at home, this seems to be on of the dangers inherent in telecommuting -- we always seem to be working.
It seems like I always have homework -- even though I am just the paralegal. Working out of the house, I have some flexibility as to how I spread out my work-day. (As a non-exempt employee I have to account for my hours.) While working at home I often end up doing some laundry, running to the market, surfing the Internet, doing carpool, cooking dinner, or working out at the gym. Because I am an honest person who is full of compunction, I make up the lost time working in the evening or on the weekends. After talking with other people who work at home, this seems to be on of the dangers inherent in telecommuting -- we always seem to be working.
11.19.2006
Trial -- Day Three
I think the most stressful things about being in trial are the pantyhose and heels. Today I wore crepe soled shoes and a pantsuit. I did not need to drink a beer when I got home.
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