Tuesday, May 12, 2009

A Day in the Life

Here's how I've spent my day.

I had a conference call with a client's personnel and discussed the interplay of three different state materialmen's lien laws, bankruptcy preference law and the efficacy of a field warehousing agreement versus a deed to secure debt in light of the previously mentioned laws and accounting. We have a plan of action; and, we'll see how it works out.

Then I reviewed a bunch of documents in a case to be able to outline what I see as the relevant facts in a dispute and researched various aspects of Colorado and Kentucky law to put in a letter to the other side's lawyer which politely threatens litigation if his client doesn't get reasonable.

About an hour ago, I called a person who had sued my client. He had filed a response to a motion but hadn't served me with the papers as the court rules require (he isn't a lawyer and didn't retain a lawyer). He said he'd fax the papers right over to me. No papers.

Got a settlement check in, that was nice.

Then I reviewed a letter from a railroad denying my client's claim for lost market value of a shipment that the railroad "lost" for five months, during which time the price for the material sky-rocketed, and just before the time the cars were "found," started precipitously dropping. Then I looked at the bills of lading, various tariffs and price lists to determine if a particular document, which would bar my client's claim, was a part of the deal. I'm not sure and am typing this instead of delving further into the concept of incorporation by reference in the age electronic commerce.

Mothers, don't let your babies grow up to be lawyers.

5 comments:

Jenn said...

Have a beer! (Well when you get off work anyway!) We all have days like this!

dr sardonicus said...

I thought you became a lawyer so you'd have time to play golf...

Life Hiker said...

Dave, I know you're just being facietious. You have an interesting life.

Before there were lawyers, the guys with the biggest gangs and sharpest swords usually won their disputes without arguments. Now, with lawyers, the fight is a lot less violent and often much fairer.

Also, just think...you could have become a minister and had to deal with much more arcane material on a daily basis.

molly gras said...

Again, I must apologize Dave. I keep making this occupational recommendation.

Because my middle son loves to debate and has a decent brain in his head, being a lawyer seems like such a viable option for him ...

Wendy said...

Wow, it does sound... ah...confusing, but it also makes you sound very smart. I have a nephew entering his second year of College and very excited about the prospect of becoming a lawyer. He has not yet decided which way to go but he as well has a need to debate and persuade.

Everybody has a talent and for those of us that have a lack of talent for understanding the very complicate we are grateful to those of you that can .