Showing posts with label Legal Commentary. Show all posts
Showing posts with label Legal Commentary. Show all posts

29 June 2011

So this is what it feels like to be a lawyer.

Throughout law school, especially during the first year, there is a lot of discussion about what it's like to be a lawyer. Some professors use this topic to lower expectations for students who believe the practice is going to be like Law and Order (all courtroom action); others use it to raise expectations for students who think that the practice is going to be like Boston Legal (all play and no work). Truth be told, I think that all lawyers like to tell war stories and love to scare those with less experience. About halfway through my first semester, I was ready to pack it up and quit. I was not sure if I was really cut out for a job with such incredible pressure...from clients, from bosses, from the bench, from the profession...without any true escape. While the idea of a 9 to 5 job without a thought of work after closing time still sounds pretty good to me, I decided that I felt passionately enough about practicing law to keep going. Besides, I convinced myself, it won't be that way for me.

Today was one of those days when I know that "it" can't be escaped. I'm currently working against some seriously fierce deadlines in order to keep two clients from being deported. Legal emergencies don't know that they are supposed to play nicely and take turns. I worked a long day yesterday and even longer day today - not because someone told me that I had to, not because I was asked to, not even because I wanted to. I'm doing it because that is what needs to be done to get the job done. It's critically important to me - and even more so to my clients - that their deportations be stopped. It's not a responsibility that ends after 8 hours or even after I finally leave the office. I'll keep going until the job is done...and even then I'll probably wake up at 2am thinking about a "t" that I forgot to cross.

So back to my title: so this is what it feels like to be a lawyer. It feels like a lot of responsibility and a fair bit of nerves. It feels like you can't go to the bathroom because you don't have time to get up for even a second. It feels like you have more to do than can ever possibly be done within the time allotted. It feels like constantly thinking of the next thing that needs to happen, even while driving home and trying to drowned out your thoughts with loud country music. It feels like juggling ethical obligations with client advocacy with practicality.

I could stand a little less pressure and less intense deadlines, but I must admit that this is exactly what I want to be doing. I feel passionately about my clients' cases and enjoy the challenge of advocating for them. I can certainly see how people burn out of the legal profession, but - for today - I'm pretty happy with where I am. Today, I don't want to escape "it."

22 June 2011

Another Perspective

You should take 10 minutes and read this article: My Life as an Undocumented Immigrant.

10 March 2011

Nervous

I'm exhausted. I spent most of my day preparing for court, meeting with clients to prepare them for court, attending court, and debriefing with clients after court. The exhaustion is what follows hours of being hyped up on adrenaline. Before the adrenaline, mixed in among the hours and days of preparation and obsession, there is nervousness. It seemed appropriate that this story aired on NPR on my drive to work this morning. In it, Chris Rock says,

"Stand-up still makes me nervous, and the play makes me nervous," he says. "The nicest compliment I ever got was from Conan O'Brien; I did the show and it went well, and he said, 'You know what I like about you? You're still smart enough to be scared.' He said a lot of guys come — big-name comics — and they're overly confident, and they bomb. He said, 'I've got to dig them out of the hole they put themselves in.' " Rock's philosophy: "Anything you can suck at should make you nervous. One should always be cognizant of how bad it could go."

Thankfully, I didn't suck today, but it's good to remember that being nervous is normal and actually helpful.

And, for the record, I'm actually growing quite fond of going to court. So much for all those times I said that I would be quite happy to never see the inside of a courtroom.

10 December 2010

Finish Line

I've written about the DREAM Act before (here and here), and I'm happy to report that the House's version has been passed. Now, we just need to get it across the finish line of the Senate. Once it gets to President Obama's desk, it's pretty much a sure thing that he'll sign it.

So, if you're reading this in the U.S. and think that people like this, this, and this should be able to have a pathway to citizenship, please take a moment to sign this petition and jot a quick email to your senators, who can be located here.

20 November 2010

Are you ready to DREAM?

Come on a little journey with me...you've worked really hard at four-year university and just been awarded a degree. You can't wait to put the skills and knowledge you gained over the past years into action, but there's one problem: you were brought to the U.S. as a child, have no legal status, and cannot legally accept employment.

This is the scenario the DREAM Act is meant to address. Under current immigration law, "you" have no way of correcting your undocumented status. To refresh your memory, the DREAM Act is a piece of legislation that would allow young people to get legal status in the U.S. if they were brought to the U.S. as children, went to high school in the U.S., and either go to college or serve in the military in the U.S.

Those who would qualify for the DREAM Act are productive young people who want to contribute to this country, either by getting the right to work legally and use the knowledge they gained in American universities or by serving in the U.S. armed forces. They have been brought to the U.S. without any of the malicious intent that laws generally seek to punish, and it is pointless to continue punishing these young people who simply want to contribute to the country that they consider their own.

Fox News recently reported that...gasp...individuals may qualify for the DREAM Act who have...gasp...criminal records. The law requires individuals to have "good moral character," which is a standard consistent across immigration law. When it wrote the INA (Immigration and Naturalization Act), Congress did not explicitly define good moral character. Congress did, however, give some guidance, preventing a finding of good moral character for individuals who have been convicted of some particularly serious crimes. The rest of the good moral character determination is left to the discretion of the adjudicator. So, yes, it is possible that someone could qualify for the DREAM Act while having a criminal record, but those crimes would not be able to be the particularly serious ones Congress has already identified as disqualifying the good moral character finding. Moreover, because applicants under the DREAM Act have to have been accepted to a college, university, or military branch, there is actually an added layer of character evaluation for DREAM Act applicants than those applying for other forms of immigration relief.

I'm bringing up the DREAM Act again not only because I was annoyed at the Fox News article but also because the timing is ripe for this piece of legislation to finally be passed by Congress. So, I encourage our readers in the United States to take a moment to show your support for this humane and practical piece of legislation by adding your name to this petition. If you're willing to go a little farther, please contact your Congressional representatives. And, if you have questions or concerns, I'd be happy to help you resolve them.

As always, this is not meant to be legal advice but rather merely a bit of education.

11 June 2010

It is time to DREAM.

Although immigration is often given the face of the person sneaking across the border, there are so many immigrant stories and situations. When I read this article, it reminded me of how little attention is paid to the immigrants who were brought here as minors, grew up in the United States, and either want to pursue or already have pursued higher education or military service. Under the current system, there is no way for them to legalize their status while remaining here.

The DREAM Act provides a solution. As proposed, it provides a pathway to permanent residence through a higher education or military service for individuals who were brought to the U.S. as minors, graduated from a U.S. high school, have good moral character, and have been in the U.S. continuously for five years immediately prior to passage. I understand that it also applies retroactively for those who meet the requirements and have already completed the higher education or military requirements.

Although their passports say otherwise, these youth are American at heart. Aside from the humanitarian aspect of allowing them to remain near family and established roots, it makes economic sense. The U.S. taxpayer has given them a public education, and, without immigration reform, they may never have the opportunity to legally work in this country. Regardless of the circumstances that brought them to this country as infants and children, they now want to live and work and contribute to the place they call home. And why shouldn't they?

It is time to DREAM.

Disclaimer: This is not legal advice and should not be relied upon.