Looking back on the Summer of 2012

The days turn into weeks, and the weeks to semesters, and then they end abruptly.

And so Summer semester, 2012, slams on its brakes and screeches to a halt, vanquished to our memories.  

A lot’s happened in twelve hot, sticky weeks.

A bunch of people got tragically killed, their only crime going to see a Batman movie. George Jefferson died at 74. The Marlins gave up on their season. I saw the Alamo in San Antonio and hung out in cool bars in Austin. I also got stranded in Dallas. The Olympics got underway and Michael Phelps retired as the most decorated Olympian ever. (That's not a bad title to carry around). Football season is here.

I quantified myself, instructed someone, proposed an app and did a project for my office. (I also learned why I don’t put the Oxford comma in a list such as this). I learned a lot about technical writing. I learned that it's bigger than I thought it was. I used to have this image of a tech writer as being a guy who labored over computer programs and tried to explain to you how they work. Now I know that any sort of explanation of any process can fall under the label of technical writing. 

The four assignments in this class each presented a challenge. I tried to cater them to my work envronment because technical writing seemed to be something that would have a very practical bent. The Service Learning one was the project I liked the best, and the one I'm really going to get a lot of use out of. The Propose an App flustered me from the beginning, and still does at the end.   

I registered for thesis. I have 18 graduate hours.

Last night I told Star that I wish there was a way we could quantify ourselves from the day we set foot here to the day we graduate and measure how we’ve changed in thoughts and outlooks. I bet we’d be amazed at the results. Last night Veronica said the end of a semester could be bittersweet, and she’s right. I never looked at it like that.

Last night I felt Shannon’s baby move and was again amazed at the magic of life.

Every semester comes and goes and with every change in season we change along with it.  Maybe we change against it. But we change. Every semester has its stories, its successes, its failures. Some of them linger. Most don’t. 

In hindsight, I probably should not have gone to school this semester. A break would have been good, especially since there was no time between the end of Winter and the beginning of Summer. All summer I have felt a bit out of sync; both classes were a struggle from the start. But like a pitcher who grinds out six or seven innings, doesn’t have his best stuff, and hangs in there just long enough to earn a win, I hung on. A win? No, but six credits, yes. 

Let’s see what Fall brings.

Propose an App

Imagine this:

    You're a first-year lawyer sent to argue your first big case on behalf of an important client.

    You know your case. You've rehearsed your argument. Your suit even fits just right. You argue your point and even opposing counsel is impressed.

    Suddenly, the judge asks you a clarification question: "What case did you rely on for this position?" OR "Aren't there already cases directly on point that are in opposition to your argument, Mr./Ms. Hotshot?"

    You stand stunned, caught off guard. The sweat drips down your face and your perfect suit crinkles just a little bit. But then you remember. See, in years past, this could have been a disaster; a career killer. But not you. You're ready. You've got the new Fact Finder app.

    You subtly pull your iPhone from your pocket. Tap the app button. Quickly type in the area of law you need a cite from. Touch on the appropriate jurisdictional court. Fact Finder does the rest.

    "No, judge," you confidently reply. "There is no case directly on point in this area."

    The judge slams his gavel. A big win for you.

    Fact finder. It's like having a lawyer in your pocket.

    For iPhone and iPad.
    Monthly subscription fee.

Instruct Someone

Take ‘em to Court:

How to Sue Someone Without Hiring a Lawyer

Step 1: State your claim

            The first step is to state your claim. A claim is an assertion of a legal right. You do this by completing a “Statement of Claim” form at your local courthouse. If you are filing a lawsuit against someone, you believe someone has infringed on your legal rights. And the solution is to get money from them.  

Step 2: Go to the Clerk of Courts’ website

            Every county in Florida has an elected Clerk of Courts. While chances are you won’t actually need to ever talk to anyone from this office, the Clerk’s website is a wealth of information. Most of these websites will have all the forms and documents you’ll need.

Step 3: Improve your vocabulary

            There are some basic words you will need to know to get by. Know them. The paper you state your claim on is called the complaint. As the person filing the complaint, you are the plaintiff. The person you are suing is the defendant. Since you don’t have a lawyer, you will be known as a pro se plaintiff. The American legal system is loaded with terminology, but you don’t need to know all of it. There are many online legal dictionaries available if you want to learn more.

Step 4: Figure out how much your claim is worth

            If your case is worth up to $5000, you’ll file your suit in the Small Claims Division of the County Court. If it’s worth up to $15,000, you’ll file it in County Court. If it’s worth more than that, file it in Circuit Court. Don’t worry: they are all in the same building. The only thing that changes is the filing fee.  The forms are the same. Most pro se claims are filed in small claims court.

Step 5: Do your discovery!

            After you file your complaint, the person being sued has 20 days to respond. Once they do, discovery can begin. Discovery is a legal term that is what it is: You discover what the other party knows (they’ll also want to know what you know, too). There are only three basic types of written discovery: requests for admissions (you just ask the other party to admit or deny a particular statement), interrogatories (a bunch of questions) and requests for production (in which you ask the other party for all documents pertaining to your case). You can do any or all three. The choice is yours. Whatever helps your case.

Step 6: Now answer their questions

            If interrogatories are a bunch of written questions and answers, then depositions are a bunch of questions and answers done orally. No biggie. Spend the $75 and get a court reporter so all of their answers are preserved forever. If you are setting someone’s deposition, they’ll know you mean business.

Step 7: Try your case!

            After discovery is done, your case will be at issue and noticed for trial. You won’t have a jury, just a judge, and the judge will decide your cases merits based on a “preponderance of the evidence.” THIS IS NOT THE SAME AS “BEYOND A REASONABLE DOUBT.” That’s for killers and other criminals. In all civil cases, the standard is a “preponderance of the evidence.” That just means you can be a little more right than your opponent. But as long as you are, you win!

Still not sure?

            If you still aren’t sure you’ve got enough information, here are links to some sites you might find helpful:

Palm Beach County Courts:

http://courtcon.co.palm-beach.fl.us/pls/jiwp/ck_public_qry_main.cp_main_idx

Broward County Courts:

http://www.clerk-17th-flcourts.org/ClerkWebsite/welcome2.aspx

Black’s Law Dictionary Online:

http://thelawdictionary.org/

USIBILITY TEST:

1. Were the steps concise and easy to follow?
2. Were the links helpful?
3. Were the steps presented in a logical order?
4. Will the steps produce the desired outcome?

Service Learning

Adjuster Quick Reference Reporting Guide

Defense Counsel Reporting:

·       15-days – Telephone conference scheduled?

                        Strategy discussed?

·       21-days - Defense Analysis received?

                        Coverage cleared?

                        Discovery action plan in place?

                        Written discovery?

                        Interrogatories

                        Request for Admissions?

                        Request for Production?

·       90-days  - 90-day status report received?

                        Depositions scheduled?

                        Experts retained?

                        Proposal for settlement filed?

Pre-Mediation Report:

·       Received 14 days prior to mediation?

·       Pros/cons noted?

·       Discovery complete?

·       Authority requested? (Adjuster level/David level/Brian level)

Pre-Trial Report: 

·       Received 60 days in advance of trial date?

·       Pre-Trial disclosure/witness lists complete?

·       All pros/cons noted and discussed with management?

·       David/Brian/George signed off on trial?