Wednesday, January 9, 2013

Pretending to be an Adult

It's not a thing that most of us do well. People tell me that there is a phenomenon known as delayed adolescence that is particularly prevalent in my generation - that of the internets and cat pictures. I do not dispute this fact, but I do dispute that other generations were actual adults earlier in life. Sure, during the depression, they were forced to take on adult responsibilities earlier, and post WWII that convention continued to persist. Here we've come to some sort of impasse between reality and expectation. Most people of Generation x and generation "net", as they're calling us, equate true adulthood with having a family and owning some sort of property. This particular ideal isn't well correlated with the reality of options available to us in our early-mid twenties. Most of us are still looking for stable jobs with benefits at that point...or are fighting for the ability to afford a house without getting swallowed by debt....mostly due to outrageous, sky-high student loans. I'm not sure what exactly the purpose of this rant was, but I think it has something to do with the fact that I'm an abhorrent example of an adult. Sure, I do adult-y things (e.g. going for after work drinks, living on my own, having semi-functional relationships, paying attention to politics, caring about healthcare, working with real people with real problems, etc.); however, I don't think that makes me a great example of what is an adult. I continue to do profoundly stupid things - see: going to a comedy show rather than reading for my ethics class - and to test the age old definition of insanity (that is, continuing to do the same thing while expecting a different result).


OH WELL. Man, that got dark and kind of serious there for a minute. So here's the extent of my latest form of masochism, as I am wont to commit on a regular basis. First, I'm taking a full class load and am expected to take care of all of that, pass the tribal bar exam (yes, they have their own bar exams), represent clients, have a life, get a real job that pays some form of compensation, and finish a journal article, oh, and be a participatory member of the clubs I'm on the board of. Masochism? Yes, at its finest. Mind you, I'm not complaining, because, let's be honest, my inability to get things done in no way removes the ever-present reality that other people have tons of things to do and get them done like real people. I'm more just trying to illustrate the sheer extent of my own masochism for you, so that you understand. Apparently all of that wasn't enough for me. So I added a class at the last moment. DUMB DUMB DUMB. I now have 11 hours straight of class on Wednesdays. It's real dumb. (Note: this whole "dumb" thing is a reference to a movie - Talladega Nights. Watch it.) So, not only am I in class and completely unable to pay attention at 8:30 AM, but I have class until 7:30 PM. Le sigh.


Whatever.

The way I figure it, I can still pretend to be an adult. I'm good at pretending. That's half of being in law school/being a litigator, right? Fake it 'til you make it.


Fun lesson from the entirety of "professional responsibility" that I  have actually taken in as of yet: a lawyer can trigger ethical duties and liability without forming a lawyer-client relationship. Basically: don't dole out legal advice free of charge, moron! Get it? Got it? Good.

Also, your subjective belief about whether or not you've taken on a client doesn't matter at all. So, make it EXPLICIT. Honestly, most of this reminds me of what we used to tell the newbies in undergraduate mock trial: treat the "jury" or whosoever you are talking to as if they were a hyperactive five year old. Everything must be explicitly clear. Also, things in writing are good. ALWAYS GET IT IN WRITING.


There you have it: (1) people = hyperactive five year olds, and (2) Always get it in writing.


God damn it. I need to pay more attention. I just answered a question without hearing the question. Surprise, surprise, I was dead wrong. GAH. Again, failure at adulthood.


NOTE: Don't worry, future clients! The Rules of Professional Conduct which govern the way lawyers lawyer are largely intuitive. This was a specific rule regarding defending insurers/insured. Also rest assured that I have zero interest in representing insurance claims. I will leave that to those who are deeply interested in the minutiae of that subject matter. They will, no doubt, far surpass what I would be capable of.


So, that was reassuring, right? Good. It should be.

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