August 2006 Weddings
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Worst employer ambush question ever

Background: we just got back from a huge court appearance. All attorneys in the firm went to watch.

Q: Did you learn anything by watching today?

A: Yes

Q: Good. What did you learn?

Re: Worst employer ambush question ever

  • Yeah. Crappy Q. One of those Gotcha ones.
  • OMG!  How awful!  What did you say?
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  • I asked him to clarify what exactly he meant before responding.

    Honestly, watching this oral argument was super enlightening, but quantifying "what I learned" from it is impossible.

  • see, I don't see it that way.

     

    When I used to work with (3L) student interns, and even new lawyers, I'd often take them to see procedures and ask that very question.

    My attitude: whenever you go see anything, whether you're new or you've been doing it for 60 years, you can learn something... admitting you have something to learn, and being perceptive enough to see it is a GOOD thing.

     

    ETA: and my amazing boss/mentor asked me stuff like that after we'd been working together for 10 years...

    The Girl is 5. The Boy is 2. The Dog is 1.

    imageimage

    I am the 99%.
  • imagemominatrix:

    see, I don't see it that way.

     

    When I used to work with (3L) student interns, and even new lawyers, I'd often take them to see procedures and ask that very question.

    My attitude: whenever you go see anything, whether you're new or you've been doing it for 60 years, you can learn something... admitting you have something to learn, and being perceptive enough to see it is a GOOD thing.

     

    ETA: and my amazing boss/mentor asked me stuff like that after we'd been working together for 10 years...

    Oh, agreed. But when I had been back in the office for 3 minutes and wasn't expecting the question, I was taken aback. Seriously, it really was super enlightening, and I did learn a lot. I could easily answer that question and quantify exactly what I learned after I'd been back for even 15 minutes. Not 3.

  • I dunno... we'd have the conversation as soon as we made it to the sidewalk to go back to the office.

    My favorite boss was all about seeing things with a 'third eye'... we'd obsessively go over every appearance we had... even him (he'd been practicing 20+ years) - - he'd analyze his performance (in conversation with me or with interns or whoever would listen) in an effort to get better...

    I had more conversations walking (or driving) back to the office than I care to share with you... seriously, it was the ONLY topic of conversation. He was too smart to start the chat while we were still in the courthouse, but as soon as we hit the street or parking lot, the obsessive confab started.

     

    The Girl is 5. The Boy is 2. The Dog is 1.

    imageimage

    I am the 99%.
  • actually, one of those conversations became one of my favorite legal procedure stories... bear with me on this, it's kinda worth it.

     

    We were in bankruptcy court. The agency had been called to task before a bankruptcy judge for issuing a decision against a bankrupt. Now, there were a few cases standing for the proposition that the automatic stay didn't apply to agencies like ours, but none in our circuit... and they were otherwise few and far between.

    The bankruptcy judge was p*ssed off, the way only bankruptcy judges can be. He had issued an order that the commissioners appear and show cause as to why they shouldn't be held in contempt for issuing the decision.

    We appeared, and made an argument that the automatic stay didn't apply. The judge decided to take it under consideration. He asked us to not enforce the decision until he issued a decision. Boss agreed to this request.

    We left the courthouse, had coffee, and discussed.  During this conversation, boss decided that his agreement to stay enforcement wasn't such a hot idea.

    Instead of just saying, "oh, well, my bad" and chalking it up to experience, the man marched back into the courthouse, and asked the clerk if he could have a few minutes in front of the judge.

    Up he went.  Boss says something like, "you know, I made a mistake. I don't really think that I have the authority to bind the commission to not enforcing an agreement. and even if I did, I don't think we can agree to staying our proceedings for some unknown period of time. If you want us to stay our proceedings, I'm going to need an order from you."

    He did this consciously, kind of inviting the order, so that we could appeal it to the District Court judge, who we felt would be fairly sympathetic to our cause.

    The judge, who I was sure would bite boss' head off in a big, big way... blinked. He refused to order us to stay our enforcement proceedings.

    And (quite a long time later) he issued an incredibly important decision on the issue - - one that's been cited all over the place on the issues... In re Mohawk Greenfield Motel Corp., 239 B.R. 1 (Bankr. Mass . 1999)

     

    too, too much fun.

    The Girl is 5. The Boy is 2. The Dog is 1.

    imageimage

    I am the 99%.
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