Karl H. Timmerman M.A.J.D. © 2002
All Rights Reserved
A MISSOURI LAWYER'S
FRIDAY NIGHT RAMBLINGS
MoBar Solo and Small Firm Internet Group
OCTOBER 4, 2002
Greets and Huggers. The evening of October 4, 2002. Noticed on the way in to the Grandview Office, this morning, that the leaves are starting to turn. Wonder why ... as I get older ... my life is turning into a slide show? Click .. no leaves on trees .... Click .. see buds on trees .... Click .. leaves on trees .... Click .. leaves are wilting from the heat .... Click .. leaves are turning .... Click .. no leaves .... and another year has gone by, (and the older I get ... the less pictures are in the slide show.) I remember as a kid ... that, the summers used to last forever. Now .... they are not even part of the slide show. Click .. another year.
Read the Law School/Bar Exam posts .... interesting reading. So, should we go back to "reading the law", (the apprenticeship system)? What is the purpose of Law School? Why a "Bar Exam"? Law school doesn't teach you the law ... how could it ... the law is constantly changing. A "Bar Exam" doesn't measure your knowledge of the law: how could it, if the law changes? .... and if the Law changes, what good is a test?
I graduated 149 out of 150, (UMKC '82). Had a part time job, (clerk in a Pet Shop .... God, I loved that job! ... used to make up stories about the tropical fish ... "Sir ... did you know that Kissing Gouramies mate for life, (except the French varieties .... French kissing does not ensure fidelity)?" ... "The African Elephant Nose has a greater brain to body weight ratio than a human being?" ... "Angel Fish are worshiped by the Mandingo Tribe of Brazil as being reincarnated relatives?" .... "These fish are mouth breeders".) ... and a full time job, (Law Clerking for a lawyer by the name of Henry Fox .... he died a few months before I graduated ... he left his desk to me ... my most prized possession. Learned how to practice Law from Henry. Henry was not a brilliant legal scholar but he was one hell of a good trial lawyer ... and he KNEW all the dirt on everyone!!, (he hung with Pendergast and Truman)) .... and carried 15 hours per semester in Law School while writing my Masters Thesis to complete my M.A. in Psych. (As an aside: anybody that tells you our America is not the land of opportunity .... that in our America, you cannot achieve your dreams, if you are willing to work for them .... hehehe ... have them call me :).
The argument is, that Law School teaches you to think like a lawyer and where to find the law. How could a Bar Exam exclude those that have not figured out how to think like a lawyer. Could it be, that a Bar Exam is not about the answer , (solution) .... but a recognition that there are multiple answers, (solutions), contingent on the facts and parties involved? Laws are guidelines that govern human behavior: solutions to past problems, (" Black Letter Law") and solutions to perceived future problems, (statutes). Human social interaction and behavior are incredibly complex: it is impossible to write a "law" defining the parameters of acceptable behavior, that applies in all circumstance to all persons. There will be exceptions. I believe the function of legal training is not to teach "law" ... but to refocus an individual to look for multiple solutions. But then ... keep in mind ... I graduated 149 out of 150 ... what do I know :)
There is a difference between "Sexual Discrimination" and "Sexual Harassment". One involves discrimination, (positive or negative), as a function of gender ... the other involves imposed offensive sexual conduct. "Ms Good" is screwed: don't believe she has a cause of action because a female coworker has managed to warm the cockles of her bosses heart. Seems for some men .... warm cockles ... have a certain priority. Wonder if those men name their "cockles"? ... hmmmmm ... still trying to find mine. hehehe .... once I find them .... I know they have to belong to Susan :)
Quiet Friday night in Holden, Missouri. Moms and Dads are putting their babies to bed: looking for some "quiet time" to share with eachother. Thats what Moms and Dads do ... love their babies, thank God for what they have, (and pray for more), and hold eachother as they fall asleep ..... perhaps, knowing, that folks like you and I, are keeping their civil liberties safe ... and that our men and women in uniform stand ready to give their lives ... to ensure ... a tomorrow. I feel safe tonight. :)
As always ... if my post offends ... I apologize.
Karl (the dumb ole country lawyer form Holden, Missouri)