Thursday, January 17, 2008

Writing Briefs...

Many people don't know that the "babies" of the firm do most of the work. Well, let me take that back... they DO know that the associates (are supposed to) work harder than the partners, but they don't know WHY this is the case.
The associate does all the S%^& (real southern women don't curse) work. Then, after drafting the 10 page motion, and 60 page brief in support, the associate hands it over to the partner. The partner signs his name, and it gets filed before the court and reviewed by the judge. NO CREDIT goes to the associate for the hours and hours of work. The associate is not even REFERENCED in the brief. This is perfectly legal and normal. Associate does the work. Partner takes the credit. It's just the way it works.
This partner-pandering system is quite hard on an associate attorney when wanting to change jobs. I have a Southern Blonde friend who lives in NYC. She hates her job, and wants to jump ship to greener grasses (I don't blame her... she does TAX LAW for heaven's sake). She was asked to submit a writing sample by a prospective employer. She didn't have a THING to give them!! All her writings (and she had done many) had been hijacked by one of the partners. So, she had no proof they were hers!
Also, for the record, there is no such thing as plagiarizing in the legal world. I know this is difficult to understand to you STUDENTS out there, or those of you who write for a living... but, when drafting a legal brief, you are considered DUMB if you don't gank the good stuff from someone else. This sounds like a horrible offense, but it's not. Attorneys don't care if their argument is 'stolen' by someone else... in fact, it's often considered flattering... as people only steal the good stuff. It's also the general practice of law. One is supposed to quote the high courts as much as possible when writing a brief... if you can argue a case just like the Supreme Court did, then you are GOLDEN. The more language you yank from the Supreme Court, the better the brief, and the more likely it'll win.

1 comment:

To Nice said...

I am a southern professional from Texas living in Las Vegas and have everything except a good attractive southern girl.

Please send me a pic