Sunday, October 23, 2011

One Bad Thing About Being a Lawyer

I'm a trial attorney.

It's not as glamorous as it sounds.

If it sounds glamorous at all.

I'm a trial attorney for the United States and I go to court, on average, about once a week.  Not all of those hearings are full-blown trials as depicted on your average 50 minute television drama.  Not most of them are.

Mostly, they are pretty simple hearings in which I announce the United States' position on something, or, in fact, I announce that we are actively not taking a position on something or that "I have reviewed the proposed order, your honor, and it is satisfactory."

But sometimes, I do go to trial, with opening and closing arguments, exhibits and witnesses and all that stuff.  (But no jury:  the court I practice in typically does not conduct jury trials.)  I've had three of those sorts of court days over the past three weeks.  Preparing for trial is hard:  planning your questions for the witnesses, studying your exhibits so that you know what you want to highlight to the court, re-reading cases you've read a hundred times before so that you are sure that they say what you think that they say, drafting argument outlines . . . .  Trial is inefficient, time-consuming work.  And stressful.

But the time I hate the most, in all of the time leading up to trial, is that period after I arrive at the courthouse, but before the proceeding begins.  It is typically not enough time to do any last-minute review, but just long enough to allow anxiety to build in your idleness.  And, even though the guy on the other side is someone you've known all of your career, and may even be your friend, you still don't feel much like talking to him (or her) at that moment.  All that tension dissipates the minute the judge says, "You may proceed," because you finally get to do your job.  And importantly, the thing you have prepared days or weeks for has started and so, soon enough, will come to an end.

But in those few minutes after I've arrived at the courthouse but before the action begins, my skin tingles most uncomfortably.  It's but one bad thing about being a lawyer.