It's been a while since I last wrote here, but actually, nothing's really happened.
I always have some audiences to go to, some paperwork to do, some law lessons to go. Last week sounded a bit different, as I had to go on Saturday to another town's university to learn all day long about criminal procedure. I have to admit that until the last minute, I wasn't sure whether or not I'd go ; I had seen te last Harry Potter film on Friday night, after having a Harry Potter-marathon with my two bests friends, I had slept only five hours and on Saturday night was planned a big party for another friend's birthday. So, all week I prayed for snow, which could impeach me to go by car. By doing so, I was just feeling guilty, but I also felt lazy, but I also felt curious about the day, which promised to be interesting.
I lay there, in my bed, just after my clock rang. I had decided it would be better to go by train, so I could sleep in it. The tramway to the station was coming at 7.10 am, which meant I had to get out of my parent's house, where I slept this weekend, at 7 am. At 6.54, I still was in my warm bed, wondering what to do. Anyway, I found myself looking for the Law Faculty at 8.45 am. The day and the lessons were great, actually ; I didn't regret I went. I was of course a bit sleepy, but I convinced myself I was young and this was nothing but another oh-God-I-shouldn't-have-got-out-yesterday day.
This week has only begun, yet it's already horrible. On Monday, I had to be at 9 o'clock at the Law Courts to hear some witnesses examination. I had prepared the case for a very long time and was utmost ready. It wasn't mine, though, but my lover's father, who's a lawyer too, had given it to me so he hadn't to move here just for it. Given my weekend, I went to bed at 9 pm on Sunday, hoping to resolve all my problem with a good night's sleep. Around eleven, my mobile rang : my sweet boyfriend. We missed each other, but as I was very tired and already sleeping, I half heard what he was saying.
At 7.15 am, I woke up wondering if this had all be a dream : I remembered my lover telling me that the witnesses examination wouldn't happen this morning because they hadn't been called, so obviously, they wouldn't come. The Greffe had made an error, which had been communicated to the parties on Friday, and the dominus litis (the lawyer that has the case, here my future father-in-law) had sent me an email on Friday afternoon, which I obviously hadn't seen, for I was watching Harry Potter 7/I at that time, then hanging with friends or at my parents' all weekend without being able to check my emails. My computer was at the office, so I couldn't check at home before going to the Palace. The story seemed completely crazy to me, and I wasn't sure whether I had dreamed it or not. I hurried to the office, and there it was : all was cancelled, because none of the witnesses had been warned, but I still had to go to organize another special audience. I ran back to the car, drove to the Law Courts and arrived at 8.50, so I had time to find the room. But I didn't. As it was a special audience, the 3rd Civil Chamber didn't hold it in room 518, for another Tribunal was sitting there. I asked every single people who could have helped me for advice, the Greffe civil, the Greffe des rôles, the Barreau's secretary, some lawyers, the man at the entrance of the Palace, everyone. I had some hope when I discovered that the room for inquiries was the 490, but when I got there, the lamps weren't lit and it was deserted.
When they say the murderer always comes back to his crime's spot, I think it's because it can reveal usefull. In front of the 518, I saw a lawyer, apparently waiting his time to enter it. Quite desperate, I asked him if he wouldn't know what to do when you have inquiries that can be hold because someone at the Greffe forgot to call the witnesses but when you still have to chose another date with two other lawyers that were due to come too. He nodded and told me "yeah, that's here", pointing at a door next to the 518. It led to a corridor and to a small office, where the judge was already waiting. The lawyer came in with me, and then it was okay, because he was one of the other two lawyers I was looking for. The third never came, we chose in the judge's calendar when to have a new special audience and left.
Today's morning wasn't horrible, but lasted loooooong. I just had two files, the first in Youth and the second at 9.40 in Divorces. For the divorce, the adversary had warned us she would take the case at 9.40 sharp, should we be there or not. I told the Youth's huissier I was there, so he gave me an my adversary the number 2, and I hurried to the Divorces Chamber. Believe it or not, the old menacing lawyer wasn't anywhere to be seen. At 9.55, growling against old bats, I came back to Youth, but the other lawyer had disappeared, even though we were the next to go before the judge. Her client and mine, who had reached an agreement, were waiting in the hall, not understanding why their lawyers should run all day in the Palace without even bothering taking their case. I searched her for twenty minutes, then ran into my divorce's adversary, who said "oh, you're there, I saw your note in the file, I think I arrived right after you left". Yes, I bet. Old bat. I followed her to Divorces Chamber, and it was horrible because my client didn't want to divorce from her's, but I had to take five minutes to tell the lady she couldn't go against that. What's really sad is that those ten minutes changed her life forever, and that I hadn't more time to give her to calm her grief.
I got back to Youth, when the clients told me the other one hadn't come back yet. It was already 10.30 ; fortunately, I heard some other lawyer say that she was in the Parloir, meaning she was drinking a coffee while her client, and mine, were both skipping work and waiting there, and their daughter was skipping school for nothing. Running to the Parloir, I was angry at my colleague for letting these people wait without any news, while they had arrived (and us too) so early and the case was so simple, because they agreed on everything. For heaven's sake, we had number 2! Numbers 3, 4, 5 and some others had finished for a long time and I was still struck there because she was drinking coffee.
At last, I found her, but she stopped me from talking because she absolutely had to have a cigarette. I couldn't say anything, because I'm so young and junior, and she's so experimented and so nice, I must admit it, with me. Her kindness and my uneperience saved her from my anger, but I'm still not happy with all that.
I could come back at the office at 11.30. Crap of a day. Except for the snowing ; I love the snow, even if it's cold and bad for my car. At least, Christmas is not far.
November 30, 2010
November 03, 2010
Finally back
I didn't come that much these times. Of course, it's my fault, but some excuses plea in my favour. I can't describe them all, but some are worth the story.
I left you on October, the 18th. The next day was very busy : at 8.30, I had an appointment with my dentist for a broken tooth (never eat something called "glue waffles" and coming from Holland if the pack is opened for more than two days ; they become very, very hard and sticky), and at the same time, I was due to an audience before the Police Tribunal. My adversary was advised of my lateness, but I still had to run, because at 9.00 I had another audience, before the Criminal Tribunal this time. I arrived in the Seventh Criminal Chamber at 9.17, panting, but found no one but the judges, happily chatting of their weekends. I entered shyly the room, looking for some other lawyer to present me to the judge, but she asked me what I was doing here before I could find someone in the corridor.
"- Maître, can I help you?
- Erm, I'm looking for some lawyer to present me, Madam.
- Don't be silly, I already saw you hanging around the Law Courts last year, I don't need someone to present you. Come on, What case are you here for?"
This was one of those mornings when you are sure things will go wrong, because you barely prepared yourself. But, fortunately, when I told the number of the case, the judge looked like my matter really wasn't important.
"- Ooh, that one? Actually, I've already postponed the audience. As you certainly know, the expert still hasn't given her conclusions."
Of course, I knew, but I couldn't believe she would have done that without even hearing me, just because I was there seventeen minutes late. I suddenly understood why the room was empty this early. I thanked them, noted the next audience date (I hadn't any pen, of course, so I had to borrow one) and left, running to the other room.
I didn't find it at the first attempt ; fortunately (again), some lawyer saw I was lost and guided me to the good audience. When I arrived, my adversary directly knew it was me (how could she, I have no idea, for we are 500 lawyers here ; my suspicion is that she saw the horrible pictures of the junior lawyers in the Parloir, where they all can admire us, laughing of our scared faces). We had our turn directly after my arrival, and I found myself out of the Law Courts at 9.38. I just can't imagine how my horrible morning happened to be such a piece of cake.
The rest of the week went very calm, except for the Friday, which was the day of the Junior Lawyers Supper. Each year, they organise a big reception with all lawyers who want to come, with a very nice supper and a dance floor that lasts until dawn. The special thing about the evening is that each boss has to present his or her junior lawyer.
We were going with my boss in his car, and I was due to drive it when coming home. All juniors were scared and stressed about their presentation, but I found myself very calm for once. Except that my boss drank a little too much... My presentation wasn't that bad, for someone who hadn't prepared anything. I enjoyed the reception, the supper and the dance, but when we decided to go back (I had stopped drinking an hour ago), he refused to give me the keys. Torn between fear, law principles and my skin freezing, I jumped into the car at the moment he started the motor. Three miles after, we were stopped by the police, and it took hours to get rid of them. My boss was drunk, I wasn't, so I finally could take him home, take my car and go to sleep.
Now, the end of this story was happy, but it could have turned very badly. Anyway, the police took off his license, what makes me his official chauffeur for two weeks.
Everything is going well. Last week, I had to plea for a divorce (I was so sad! How could a divorce be so formal? "You both want to divorce, okay, it will be done within three weeks, next"), a drunk woman (ha, ha) and a case at the Peace Justice. This last tribunal is actually a local one, that treats only proximity cases, which explains you have one Peace Judge in every neighbourhood. My adversary hadn't any lawyer, so we postponed the case to let her see one. As a lawyer, we have an obligation of information and explanation to the citizens that haven't any lawyer, so I told the lady where to find a lawyer and what she should do. It was curious, giving good ideas to my adversary, but for the first time, when she told me "Thanks, Maître", I felt I could enjoy this job of helping people.
My chauffeur part-time job gave me the privilege of going to different places. For example, I went to another town (their Law Courts are nice from the street, but when you're in it's just ugly) for a father who wants to see her baby daughter at least once a week, while the mother disagrees. Today, I saw five cases in the Law Courts, but this afternoon, we even went to the studios of the national television to speak of an old case of my boss (an old man had set dangerous traps everywhere in the house, hoping to kill some of his hated fourteen kids after his death, when they would come looking for hidden papers and money).
But the work wasn't really my only concern. I discovered that my landlord had lied to me ; the studio I occupied wasn't agreed by the authorities. So I had to leave, but where? I found within three days a solution : I'm renting an appartment, in the same avenue than the office, for the same price as my tiny studio. This can be explained by the fact that my mother's cousin, the owner, haven't rented the place since a year, because the precedent persons destroyed the most of it they could. Of course, it's like camping and I will have to paint, repair, wash,... but it's so big! And he doesn't ask an expensive rent, so I took it.
It's been almost a month I've been a lawyer ; I think I'm beginning to appreciate all this.
I left you on October, the 18th. The next day was very busy : at 8.30, I had an appointment with my dentist for a broken tooth (never eat something called "glue waffles" and coming from Holland if the pack is opened for more than two days ; they become very, very hard and sticky), and at the same time, I was due to an audience before the Police Tribunal. My adversary was advised of my lateness, but I still had to run, because at 9.00 I had another audience, before the Criminal Tribunal this time. I arrived in the Seventh Criminal Chamber at 9.17, panting, but found no one but the judges, happily chatting of their weekends. I entered shyly the room, looking for some other lawyer to present me to the judge, but she asked me what I was doing here before I could find someone in the corridor.
"- Maître, can I help you?
- Erm, I'm looking for some lawyer to present me, Madam.
- Don't be silly, I already saw you hanging around the Law Courts last year, I don't need someone to present you. Come on, What case are you here for?"
This was one of those mornings when you are sure things will go wrong, because you barely prepared yourself. But, fortunately, when I told the number of the case, the judge looked like my matter really wasn't important.
"- Ooh, that one? Actually, I've already postponed the audience. As you certainly know, the expert still hasn't given her conclusions."
Of course, I knew, but I couldn't believe she would have done that without even hearing me, just because I was there seventeen minutes late. I suddenly understood why the room was empty this early. I thanked them, noted the next audience date (I hadn't any pen, of course, so I had to borrow one) and left, running to the other room.
I didn't find it at the first attempt ; fortunately (again), some lawyer saw I was lost and guided me to the good audience. When I arrived, my adversary directly knew it was me (how could she, I have no idea, for we are 500 lawyers here ; my suspicion is that she saw the horrible pictures of the junior lawyers in the Parloir, where they all can admire us, laughing of our scared faces). We had our turn directly after my arrival, and I found myself out of the Law Courts at 9.38. I just can't imagine how my horrible morning happened to be such a piece of cake.
The rest of the week went very calm, except for the Friday, which was the day of the Junior Lawyers Supper. Each year, they organise a big reception with all lawyers who want to come, with a very nice supper and a dance floor that lasts until dawn. The special thing about the evening is that each boss has to present his or her junior lawyer.
We were going with my boss in his car, and I was due to drive it when coming home. All juniors were scared and stressed about their presentation, but I found myself very calm for once. Except that my boss drank a little too much... My presentation wasn't that bad, for someone who hadn't prepared anything. I enjoyed the reception, the supper and the dance, but when we decided to go back (I had stopped drinking an hour ago), he refused to give me the keys. Torn between fear, law principles and my skin freezing, I jumped into the car at the moment he started the motor. Three miles after, we were stopped by the police, and it took hours to get rid of them. My boss was drunk, I wasn't, so I finally could take him home, take my car and go to sleep.
Now, the end of this story was happy, but it could have turned very badly. Anyway, the police took off his license, what makes me his official chauffeur for two weeks.
Everything is going well. Last week, I had to plea for a divorce (I was so sad! How could a divorce be so formal? "You both want to divorce, okay, it will be done within three weeks, next"), a drunk woman (ha, ha) and a case at the Peace Justice. This last tribunal is actually a local one, that treats only proximity cases, which explains you have one Peace Judge in every neighbourhood. My adversary hadn't any lawyer, so we postponed the case to let her see one. As a lawyer, we have an obligation of information and explanation to the citizens that haven't any lawyer, so I told the lady where to find a lawyer and what she should do. It was curious, giving good ideas to my adversary, but for the first time, when she told me "Thanks, Maître", I felt I could enjoy this job of helping people.
My chauffeur part-time job gave me the privilege of going to different places. For example, I went to another town (their Law Courts are nice from the street, but when you're in it's just ugly) for a father who wants to see her baby daughter at least once a week, while the mother disagrees. Today, I saw five cases in the Law Courts, but this afternoon, we even went to the studios of the national television to speak of an old case of my boss (an old man had set dangerous traps everywhere in the house, hoping to kill some of his hated fourteen kids after his death, when they would come looking for hidden papers and money).
But the work wasn't really my only concern. I discovered that my landlord had lied to me ; the studio I occupied wasn't agreed by the authorities. So I had to leave, but where? I found within three days a solution : I'm renting an appartment, in the same avenue than the office, for the same price as my tiny studio. This can be explained by the fact that my mother's cousin, the owner, haven't rented the place since a year, because the precedent persons destroyed the most of it they could. Of course, it's like camping and I will have to paint, repair, wash,... but it's so big! And he doesn't ask an expensive rent, so I took it.
It's been almost a month I've been a lawyer ; I think I'm beginning to appreciate all this.
October 18, 2010
Row, row, row the boat...
Hi there!
I'll continue my past week.
So, when I quit the Chamber with something quite nasty like proud and vengeance in my veins, I wasn't finished yet for this particular town. I still had to play postman (which I successfully did, after having crossed half the city to go to the other courts of Justice, that contain the lawyers mailboxes) and to make appeal of a decision against a client that had been caught driving 40 km/hour over the limit. To do that last one, I had to go to the Police Parquet, which I found very easily. Actually, the people in there were extremely kind, seeing I was just a junior sent at all corners of the country. They registered me, called me "Maître" (as you call lawyers here) and smiled gently all the time.
After such a good morning, I just had to go back to the office. I spent the afternoon reading files, writing conclusions, et caetera.
As I had to go back to the same other city the day after, I decided to ride just after work and to sleep by my lover, who lives there, not so far from the Law Courts. I had a nice evening, and I hadn't to wake up too early, which is very good indeed.
So, Wednesday, my case was fixed at 9.30 before the Youth Chamber of the Court of Appeal. Of course, I arrived at 9 am, and waited patiently in the room (which I found far easier than the day before). I ran into a girl I knew from the university, and we chatted whispering of our experiences while waiting our turns. I asked her to replace my adversary, who of course wouldn't come, because we just had to give an agreement to the judge, so she could approve it. At 9.28, there wasn't any soul in the room except for me and my friend, so the president asked me (we had been presented at the beginning of the audience) what I was there for. When I explained and approached to give my sheet of paper with our signatures and the agreement on it, she began to shout at me that she couldn't take any decision without the Procureur, who was obviously not there. I became pink and clutched my teeth, waiting for her to calm down. I didn't know there HAD to be the Procureur for a simple agreement, but evidently, yes, so I'll remember that all my life. She was also very upset, because she saw my cas wasn't due to come before 9.30, and it was too early, and it was unbelievable I came before the right hour as the Procureur wasn't even there, and blablabla and blablabla. When she finally shut up, the huissier picked his phone and called for the Procureur, who of course arrived right at 9.30.
I thought my problems were finally over, and I fixed the president trying to avoid my friend's insisting glance, waiting for her to allow me to speak again. She finally asked to see my paper, but then began questionning me impatiently about the procedure that had been followed.
"- The first judgement, that is attacked here, has it been signified to the other part?"
When, at an audience, one part doesn't show up, the decision taken by the judge is called "par défaut", and the part who was there has the obligation to make a "signification" to the absent one to tell him what the judge has decided. If he doesn't, the absent part may ignore the judgement, which is why you've got to tell your adversary. In this case, my adversary had been absent the first time, but he had chosen, having heard of the decision, to make an appeal against it, which was why I stood there, very annoyed.
"- Your Honour, I'm not sure, this isn't my client."
Baaaaaad answer.
"- You know, Maître, I need to know that, because if it isn't, the appeal isn't regular and therefore I can't receive it.
- I think it hasn't, we had asked for some information to the client wishing to make the signification but I don't think..."
I wonder how many persons spend their Wednesday morning searching into a big file for a paper they aren't even sure they have, growing pink, wearing a lawyer's toga and frenetically avoiding the eyes of a Procureur, a judge, an old school's friend, a Greffier and an huissier. I had read the file, and I hadn't seen anything confirming we had signified to the adversary, but I wasd thinking that if you make an appeal, it means clearly that the adversary knows about the decision taken while he was absent. Thinking of it, I believe the judge thought it was ME making the appeal against the absent part, because after a moment, she stopped harrassing me with the question and asked for the Procureur's opinion. He smiled broadly at me and my friend (not knowing that she wasn't the adversary, but just a nice colleague who replaced an absent one) and said he was very, very happy when he could hear that both parents were on the same page for the best interest of their child. It ended like that, me moaning "thanks" and rushing out of the room, and then going back to my city, still angry with myself.
It wasn't the end of my marvellous trips around the country. On Thursday, I had to go elsewhere, in a city I hadn't ever seen, to play mailman again, introduce a Youth request and consulting a criminal file that promised to be as fat as my arm's length. On a normal day, it should have taken me like thirty minutes to get there ; but my trip was a real nightmare.
First of all, I like to start my day with a cup of tea. Of course, it obliges you to go more often to the toilet, but as I was in my car only for half an hour, it didn't seem bad. It was. I was barely on the road that a big fog fell on me. This isn't a joke! I had never seen such a thing in all my life. Well, perhaps in movies, but this was real life and I was driving very slow to be sure not to have an accident. Anyway, I was stopped after twenty minutes, as hundreds cars in the same situation. We were moving at about 8 km/hour, and I had to pee really badly. We were so slow I wondered if I couldn't stop my car, hurry to the bushes just on the side of the road, pee and come back running, but I didn't dare. After an hour, we finally saw what had caused the traffic jam : two cars werestacked on each other, and the one under was very, very flat. After I passed tham, I was quite shocked for several minutes. The driver of the car beneath was certainly dead or highly injured, and the position of the two cars was just amazing. Thanking my consciousness for having driven so slow, I was finally able to get out of the road at a gas station to use their toilets, which was very relieving.
I arrived before the Law Courts of the city two hours later than previewed. I went to the Greffe civil to give them my request, but they turned me down :
"- For Youth cases, the Youth Greffe is in the other building, you've got to head back to the streets, walk five minutes around the building, then enter the Police door, pass the Bloc A, enter the Bloc B, go on your right, right, left, and there it is."
Ten minutes later, I proudly handed my request to the Youth Greffe, freezing.
"- Sorry, Maître, but the requests have to be dropped at the Financial Service.
- Oooh, no... And where is it?
- Do you see the Greffe civil?"
Oh, yes. I had to go right in front of the first service I had been, which annoyed me very much. As my request was finally done, I had to check on the criminal file at the Criminal Greffe. I found it easily, for it is in the same room than the lawyer's mailboxes. It's so small in there you can barely enter with more than three persons at the same time. I found a tiny place on a microscopic table and took notes from the files during one hour and a half before going back to the office. Fortunately, the road was faster and better than at 9 am.
In the afternoon, I had to go to our first CAPA lessons. CAPA is for "Certificat d'Aptitude à la Profession d'Avocat" ; which means that when you finally finish your horrible studies you have to study further to become a good lawyer. The four hours were most annoying, and I got back home as tired as if I had taken a marathon.
I woke up on Friday thinking that this would be a great day, for at 4.30 pm we could with my boss and our family go to the drink for the opened doors day of the Law Courts. This kind of event is set up so the citizens can enter the Courts without being too much impressed, meet lawyers, ask for law advices and drink champaign with judges, but I don't actually think there was many non-judicial persons at the reception.
I was due to hold the welcome desk for an hour with other pupils. We chatted of our horrible weeks, of the annoying lessons of the day before, of our bosses, and it was very distracting, given that it was Friday and that we had left our offices sooner than usual. But the rest of the evening wasn't very attracting. When I said goodbye and sat in my car, I saw it was only 7 pm... I must be too young to appreciate all those fashionable gatherings.
Then, I spent my weekend waiting for the police to come and confirm I live in my studio, so I can vote and pay taxes in this town and not in my old one. They never came, but that's another story...
I'll continue my past week.
So, when I quit the Chamber with something quite nasty like proud and vengeance in my veins, I wasn't finished yet for this particular town. I still had to play postman (which I successfully did, after having crossed half the city to go to the other courts of Justice, that contain the lawyers mailboxes) and to make appeal of a decision against a client that had been caught driving 40 km/hour over the limit. To do that last one, I had to go to the Police Parquet, which I found very easily. Actually, the people in there were extremely kind, seeing I was just a junior sent at all corners of the country. They registered me, called me "Maître" (as you call lawyers here) and smiled gently all the time.
After such a good morning, I just had to go back to the office. I spent the afternoon reading files, writing conclusions, et caetera.
As I had to go back to the same other city the day after, I decided to ride just after work and to sleep by my lover, who lives there, not so far from the Law Courts. I had a nice evening, and I hadn't to wake up too early, which is very good indeed.
So, Wednesday, my case was fixed at 9.30 before the Youth Chamber of the Court of Appeal. Of course, I arrived at 9 am, and waited patiently in the room (which I found far easier than the day before). I ran into a girl I knew from the university, and we chatted whispering of our experiences while waiting our turns. I asked her to replace my adversary, who of course wouldn't come, because we just had to give an agreement to the judge, so she could approve it. At 9.28, there wasn't any soul in the room except for me and my friend, so the president asked me (we had been presented at the beginning of the audience) what I was there for. When I explained and approached to give my sheet of paper with our signatures and the agreement on it, she began to shout at me that she couldn't take any decision without the Procureur, who was obviously not there. I became pink and clutched my teeth, waiting for her to calm down. I didn't know there HAD to be the Procureur for a simple agreement, but evidently, yes, so I'll remember that all my life. She was also very upset, because she saw my cas wasn't due to come before 9.30, and it was too early, and it was unbelievable I came before the right hour as the Procureur wasn't even there, and blablabla and blablabla. When she finally shut up, the huissier picked his phone and called for the Procureur, who of course arrived right at 9.30.
I thought my problems were finally over, and I fixed the president trying to avoid my friend's insisting glance, waiting for her to allow me to speak again. She finally asked to see my paper, but then began questionning me impatiently about the procedure that had been followed.
"- The first judgement, that is attacked here, has it been signified to the other part?"
When, at an audience, one part doesn't show up, the decision taken by the judge is called "par défaut", and the part who was there has the obligation to make a "signification" to the absent one to tell him what the judge has decided. If he doesn't, the absent part may ignore the judgement, which is why you've got to tell your adversary. In this case, my adversary had been absent the first time, but he had chosen, having heard of the decision, to make an appeal against it, which was why I stood there, very annoyed.
"- Your Honour, I'm not sure, this isn't my client."
Baaaaaad answer.
"- You know, Maître, I need to know that, because if it isn't, the appeal isn't regular and therefore I can't receive it.
- I think it hasn't, we had asked for some information to the client wishing to make the signification but I don't think..."
I wonder how many persons spend their Wednesday morning searching into a big file for a paper they aren't even sure they have, growing pink, wearing a lawyer's toga and frenetically avoiding the eyes of a Procureur, a judge, an old school's friend, a Greffier and an huissier. I had read the file, and I hadn't seen anything confirming we had signified to the adversary, but I wasd thinking that if you make an appeal, it means clearly that the adversary knows about the decision taken while he was absent. Thinking of it, I believe the judge thought it was ME making the appeal against the absent part, because after a moment, she stopped harrassing me with the question and asked for the Procureur's opinion. He smiled broadly at me and my friend (not knowing that she wasn't the adversary, but just a nice colleague who replaced an absent one) and said he was very, very happy when he could hear that both parents were on the same page for the best interest of their child. It ended like that, me moaning "thanks" and rushing out of the room, and then going back to my city, still angry with myself.
It wasn't the end of my marvellous trips around the country. On Thursday, I had to go elsewhere, in a city I hadn't ever seen, to play mailman again, introduce a Youth request and consulting a criminal file that promised to be as fat as my arm's length. On a normal day, it should have taken me like thirty minutes to get there ; but my trip was a real nightmare.
First of all, I like to start my day with a cup of tea. Of course, it obliges you to go more often to the toilet, but as I was in my car only for half an hour, it didn't seem bad. It was. I was barely on the road that a big fog fell on me. This isn't a joke! I had never seen such a thing in all my life. Well, perhaps in movies, but this was real life and I was driving very slow to be sure not to have an accident. Anyway, I was stopped after twenty minutes, as hundreds cars in the same situation. We were moving at about 8 km/hour, and I had to pee really badly. We were so slow I wondered if I couldn't stop my car, hurry to the bushes just on the side of the road, pee and come back running, but I didn't dare. After an hour, we finally saw what had caused the traffic jam : two cars werestacked on each other, and the one under was very, very flat. After I passed tham, I was quite shocked for several minutes. The driver of the car beneath was certainly dead or highly injured, and the position of the two cars was just amazing. Thanking my consciousness for having driven so slow, I was finally able to get out of the road at a gas station to use their toilets, which was very relieving.
I arrived before the Law Courts of the city two hours later than previewed. I went to the Greffe civil to give them my request, but they turned me down :
"- For Youth cases, the Youth Greffe is in the other building, you've got to head back to the streets, walk five minutes around the building, then enter the Police door, pass the Bloc A, enter the Bloc B, go on your right, right, left, and there it is."
Ten minutes later, I proudly handed my request to the Youth Greffe, freezing.
"- Sorry, Maître, but the requests have to be dropped at the Financial Service.
- Oooh, no... And where is it?
- Do you see the Greffe civil?"
Oh, yes. I had to go right in front of the first service I had been, which annoyed me very much. As my request was finally done, I had to check on the criminal file at the Criminal Greffe. I found it easily, for it is in the same room than the lawyer's mailboxes. It's so small in there you can barely enter with more than three persons at the same time. I found a tiny place on a microscopic table and took notes from the files during one hour and a half before going back to the office. Fortunately, the road was faster and better than at 9 am.
In the afternoon, I had to go to our first CAPA lessons. CAPA is for "Certificat d'Aptitude à la Profession d'Avocat" ; which means that when you finally finish your horrible studies you have to study further to become a good lawyer. The four hours were most annoying, and I got back home as tired as if I had taken a marathon.
I woke up on Friday thinking that this would be a great day, for at 4.30 pm we could with my boss and our family go to the drink for the opened doors day of the Law Courts. This kind of event is set up so the citizens can enter the Courts without being too much impressed, meet lawyers, ask for law advices and drink champaign with judges, but I don't actually think there was many non-judicial persons at the reception.
I was due to hold the welcome desk for an hour with other pupils. We chatted of our horrible weeks, of the annoying lessons of the day before, of our bosses, and it was very distracting, given that it was Friday and that we had left our offices sooner than usual. But the rest of the evening wasn't very attracting. When I said goodbye and sat in my car, I saw it was only 7 pm... I must be too young to appreciate all those fashionable gatherings.
Then, I spent my weekend waiting for the police to come and confirm I live in my studio, so I can vote and pay taxes in this town and not in my old one. They never came, but that's another story...
October 13, 2010
Second week : the Grand Pool
These days I haven't written anything, but just because I hadn't time or -you'll see why- I was too tired when getting home to turn on my computer and describe the horrible things I had to do. Let's tell you about the beginning of my week.
Monday morning : I'm opening my eyes, smiling at my cat just next to me and at the sun. A look at the clock just made me jump on my feet : 7.55! I'm still not sure how I managed it, but I turned my key in the keyhole of the office at 8.32. In the corridor, I came accross my boss, who obviously hadn't had a very good weekend.
"- This case, I had asked you to make an inventory! You forgot at least half the documents that are important for our client! I TOLD you to take your time, but to do good work and not hurry through the pages!"
The worse of it is probably that I said "yes, yes, sorry" without even knowing which case he was talking about. When I was finally secure in my office with the file, I saw that I had done this work three weeks ago, which meant I had just arrived there and didn't know anything about anything (not that I'm a specialist now, but I would have done it better today than three weeks ago). I saw he had changed the list of documents I had to put together, so I just made a new typed-inventory and rearranged the documents, just in time for his next call.
"- OK, let's check your task-list for this week. I want you to go this afternoon to the Law Courts to ask the judge to put this case for later, as late as possible."
Oh-oh. I didn't say anything, but my mind was spinning very fast. When you wake up fifty minutes later than you should, you often happen to put on the first clothes you can put your hands on, especially if there isn't any "dress code" in your office. Unfortunately, I was wearing a jeans, a grey tshirt and... my All Stars shoes. Well, they're in leather, but even that doesn't help you look like a grown-up in front of three judges and a bunch of other lawyers, all more experimented than you are.
"- Tomorrow morning, first thing you go to the Court of Appeal at 9 am to ask for a judicial calender, as one of the three parts will not be there. You will post some letters for their lawyers and make an appeal by the Police Prosecutor."
The Court of Appeal isn't actually in the same town as our Law Courts, which meant I had to drive early there, and come as fast as I could to work at least a bit at the office.
"- And the day after tomorrow, you'll have to go back to the Court of Appeal for my agreement conclusions in front of the Youth Judge."
Great.
The afternoon went quite well, because I found a very sympathetic lawyer who presented me to the judge and told me what I had to say (even if I'm sure all the persons waiting in the hall were watching me, wearing lawyer toga and my leather All Stars with a jeans).
Yesterday, I went to the Court of Appeal. Even though I was in the good town twenty minutes before the audience, I had to search so long for the Court and a parking place that I entered the hall at 9.05. I went to the information point to ask where was my room, but I seemed to miss some informations.
"- Please, where could I find the Court of Appeal?
- You're in, Madam.
- No, I mean, the audience room?
- Which one? Number?"
I felt like ice falling on my neck and shoulders. I frantically looked at my file, which remained desperately blank.
"- I don't know, it's a civil case.
- There are twelve civil chambers. Is it for an introduction?"
Fortunately, it was, and only the Second Chamber held an introduction audience that morning. I hurried through the place, and arrived to see like thirty lawyers chatting, waiting for the judge to come. When I announced myself to the huissier, another lawyer announced herself as my adversary. As I began to say "so, we just want a judicial calendar, isn't it?", she cut me and urgently said that she had to be in another room at the same time, which she found more important than the Second Chamber, then left the room, almost running.
I was just disgusted. This meant I had to wait patiently for her to return, even if it took hours, lost in a crowd of totally unknown lawyers, in a town which isn't even mine. I sat down sadly, but then the judge arrived. I asked a lawyer (who seemed to be the eldest) to present me, but he showed me a woman lawyer who was, accordingly to him, older than him. As if I wasn't embarrassed enough to ask one!
My file was called the fourth. I was tetanised when presented, and even more when I said in front of the lawyersherd that the second lawyer had disappeared and the third one wouldn't defend the third guy anymore. I thought I would have to sit down again and wait, but to my surprise the old lawyer told me I could ask for the calendar all by myself, what I did when the judge proposed, as it was a judicial calendar (logically, for an agreed calendar all parts must be represented, but not for a judicial, that is asked precisely when one part is missing).
I quit the Court of Appeal feeling like a vengeance queen, who had just done something without the adversary to punish her.
It's lunch time already ; I'll get along with my story later. See you!
Monday morning : I'm opening my eyes, smiling at my cat just next to me and at the sun. A look at the clock just made me jump on my feet : 7.55! I'm still not sure how I managed it, but I turned my key in the keyhole of the office at 8.32. In the corridor, I came accross my boss, who obviously hadn't had a very good weekend.
"- This case, I had asked you to make an inventory! You forgot at least half the documents that are important for our client! I TOLD you to take your time, but to do good work and not hurry through the pages!"
The worse of it is probably that I said "yes, yes, sorry" without even knowing which case he was talking about. When I was finally secure in my office with the file, I saw that I had done this work three weeks ago, which meant I had just arrived there and didn't know anything about anything (not that I'm a specialist now, but I would have done it better today than three weeks ago). I saw he had changed the list of documents I had to put together, so I just made a new typed-inventory and rearranged the documents, just in time for his next call.
"- OK, let's check your task-list for this week. I want you to go this afternoon to the Law Courts to ask the judge to put this case for later, as late as possible."
Oh-oh. I didn't say anything, but my mind was spinning very fast. When you wake up fifty minutes later than you should, you often happen to put on the first clothes you can put your hands on, especially if there isn't any "dress code" in your office. Unfortunately, I was wearing a jeans, a grey tshirt and... my All Stars shoes. Well, they're in leather, but even that doesn't help you look like a grown-up in front of three judges and a bunch of other lawyers, all more experimented than you are.
"- Tomorrow morning, first thing you go to the Court of Appeal at 9 am to ask for a judicial calender, as one of the three parts will not be there. You will post some letters for their lawyers and make an appeal by the Police Prosecutor."
The Court of Appeal isn't actually in the same town as our Law Courts, which meant I had to drive early there, and come as fast as I could to work at least a bit at the office.
"- And the day after tomorrow, you'll have to go back to the Court of Appeal for my agreement conclusions in front of the Youth Judge."
Great.
The afternoon went quite well, because I found a very sympathetic lawyer who presented me to the judge and told me what I had to say (even if I'm sure all the persons waiting in the hall were watching me, wearing lawyer toga and my leather All Stars with a jeans).
Yesterday, I went to the Court of Appeal. Even though I was in the good town twenty minutes before the audience, I had to search so long for the Court and a parking place that I entered the hall at 9.05. I went to the information point to ask where was my room, but I seemed to miss some informations.
"- Please, where could I find the Court of Appeal?
- You're in, Madam.
- No, I mean, the audience room?
- Which one? Number?"
I felt like ice falling on my neck and shoulders. I frantically looked at my file, which remained desperately blank.
"- I don't know, it's a civil case.
- There are twelve civil chambers. Is it for an introduction?"
Fortunately, it was, and only the Second Chamber held an introduction audience that morning. I hurried through the place, and arrived to see like thirty lawyers chatting, waiting for the judge to come. When I announced myself to the huissier, another lawyer announced herself as my adversary. As I began to say "so, we just want a judicial calendar, isn't it?", she cut me and urgently said that she had to be in another room at the same time, which she found more important than the Second Chamber, then left the room, almost running.
I was just disgusted. This meant I had to wait patiently for her to return, even if it took hours, lost in a crowd of totally unknown lawyers, in a town which isn't even mine. I sat down sadly, but then the judge arrived. I asked a lawyer (who seemed to be the eldest) to present me, but he showed me a woman lawyer who was, accordingly to him, older than him. As if I wasn't embarrassed enough to ask one!
My file was called the fourth. I was tetanised when presented, and even more when I said in front of the lawyersherd that the second lawyer had disappeared and the third one wouldn't defend the third guy anymore. I thought I would have to sit down again and wait, but to my surprise the old lawyer told me I could ask for the calendar all by myself, what I did when the judge proposed, as it was a judicial calendar (logically, for an agreed calendar all parts must be represented, but not for a judicial, that is asked precisely when one part is missing).
I quit the Court of Appeal feeling like a vengeance queen, who had just done something without the adversary to punish her.
It's lunch time already ; I'll get along with my story later. See you!
October 07, 2010
The fight of the court
I didn't go to the law courts today. But yesterday was a very entertaining afternoon.
In the morning, I met my boss for his audience in front of the 1st civil chamber. There was a huuuge bench of lawyers ready to introduce their cases, and we could barely sit down (the lawyers are in front of the public benches). He left me after ten minutes, and I had to find someone again to present me to the judge. We asked the judge to report the case later, in November.
The afternoon was very different. We went to an audience in front of the 5th work chamber, in the new law courts building (there are two : the old one and the brand new glass one). We sat in silence, and began to listen the female lawyer that was speaking. I wasn't sure, because I'm just a junior, but I was quite sure she was saying totally wrong stuff. The judge seemed to agree with her, while the prosecutor (who, in work tribunal, is called "auditeur") seemed very annoyed by all the case, and giving reason to the other lawyer.
I didn't dare ask my boss what he was thinking of all that, because there wasn't many persons in the room, but after like thirty minutes it was the "auditeur" 's turn to speak, and believe me, this was great. He said something like that : "take this law, this law, this one, these special ones, put them in your mixblender and push very hard. Then, you can obtain all the crap this lawyer just told you". I thought the judge was going to suffocate and the female lawyer became suddenly pink, but I must admit I couldn't restrain me from laughing (so did the two lawyers near me). He also said the judge was asking silly questions that made him lose his precious time, which I thought was also true for me and the other lawyers.
Anyway, when we finally could go out and back to the car, my boss laughed with me and told me he didn't like the judge either. I was glad to find we were on the same page.
And now, I've got to go to sleep... At 6.03 pm, my boss stopped me just before the front door and gave me a thin file : "your first pleading is tomorrow. You just have to ask for the clemency of the judges, our client didn't do much wrong. Good luck!", with a big smile. I must say the case is not very complicated, and it is criminal law, so I'm happy (criminal law is my favourite branch of law). But... I'm gonna be against the prosecutor, which is normal, but also against the "Bâtonnier", who is the big chief of the lawyers of the district! His client provoked the car accident my client was involved in. Tomorrow at 8.30am... We will see!
In the morning, I met my boss for his audience in front of the 1st civil chamber. There was a huuuge bench of lawyers ready to introduce their cases, and we could barely sit down (the lawyers are in front of the public benches). He left me after ten minutes, and I had to find someone again to present me to the judge. We asked the judge to report the case later, in November.
The afternoon was very different. We went to an audience in front of the 5th work chamber, in the new law courts building (there are two : the old one and the brand new glass one). We sat in silence, and began to listen the female lawyer that was speaking. I wasn't sure, because I'm just a junior, but I was quite sure she was saying totally wrong stuff. The judge seemed to agree with her, while the prosecutor (who, in work tribunal, is called "auditeur") seemed very annoyed by all the case, and giving reason to the other lawyer.
I didn't dare ask my boss what he was thinking of all that, because there wasn't many persons in the room, but after like thirty minutes it was the "auditeur" 's turn to speak, and believe me, this was great. He said something like that : "take this law, this law, this one, these special ones, put them in your mixblender and push very hard. Then, you can obtain all the crap this lawyer just told you". I thought the judge was going to suffocate and the female lawyer became suddenly pink, but I must admit I couldn't restrain me from laughing (so did the two lawyers near me). He also said the judge was asking silly questions that made him lose his precious time, which I thought was also true for me and the other lawyers.
Anyway, when we finally could go out and back to the car, my boss laughed with me and told me he didn't like the judge either. I was glad to find we were on the same page.
And now, I've got to go to sleep... At 6.03 pm, my boss stopped me just before the front door and gave me a thin file : "your first pleading is tomorrow. You just have to ask for the clemency of the judges, our client didn't do much wrong. Good luck!", with a big smile. I must say the case is not very complicated, and it is criminal law, so I'm happy (criminal law is my favourite branch of law). But... I'm gonna be against the prosecutor, which is normal, but also against the "Bâtonnier", who is the big chief of the lawyers of the district! His client provoked the car accident my client was involved in. Tomorrow at 8.30am... We will see!
October 05, 2010
The first time
So!
Like I announced, yesterday was the day of my oath. I had to say "I swear it" in front of my water-eyed family and three judges that looked like granparents proud of their grandchildren. Actually, the speech was very kind, something like "you'll do the most beautiful job of the world", "there are sooooo many rules" and "some days will be great, some others you will cry on your misery". Nice!
But today was my real day. Until now, I used to come to the office, receive one or two cases and write official documents like the "citation", when you attack someone before Justice, or the "conclusions", that are all your arguments you want to present to the judge. Yesterday, my boss asked when I thought I would be ready to be "thrown in the big bath". My real thought was "never", but I said he would have to choose for me, for I will never be better prepared than now, what means unprepared at all. "Perfect, tomorrow you can go so I have my morning free". Gloups.
Another thing that is different in my country than in common law countries, is that your lawyer will very rarely speak in front of the crowd, defending you with very complicated words that no one understands and making great gesture while almost crying about your poor situation. Most of the time, you just have to say "I refer the court to my written conclusions", and so does your rival.
This morning, I hadn't to do anything, actually ; both parts just wanted to agree with the judge on a calendar to send the conclusions. Still, I had to find an old lawyer to present me to the judge (that's what you do when you don't know him or her), and another one, younger, to sign the agreement with me fort the other lawyer, who wasn't there either. Till that point, everything is very clear and easy, even if it was my first time. But yesterday was my birthday, so... I had a very nice supper with my uncle, aunt and cousins with very nice wine. When I got back home, I just went to the office to take my file for today. It was dark, I had had too much wine... Anyway, when I arrived ten minutes before the hearing, I realised when announcing myself to the "huissier" (the person that writes down which lawyer arrived for which case) that it wasn't the good one. So I ran back through the law courts to my car, rode as fast I could to the office, took the file in front of my amazed boss and ran back. When I arrived, there were more lawyers and I had to push them to get a seat.
Don't take me wrong : everything went fine in the end. I was presented, I found a kind lawyer to replace the other part and I didn't stumble in front of the court. My first real hearing is past, chiouf!
Like I announced, yesterday was the day of my oath. I had to say "I swear it" in front of my water-eyed family and three judges that looked like granparents proud of their grandchildren. Actually, the speech was very kind, something like "you'll do the most beautiful job of the world", "there are sooooo many rules" and "some days will be great, some others you will cry on your misery". Nice!
But today was my real day. Until now, I used to come to the office, receive one or two cases and write official documents like the "citation", when you attack someone before Justice, or the "conclusions", that are all your arguments you want to present to the judge. Yesterday, my boss asked when I thought I would be ready to be "thrown in the big bath". My real thought was "never", but I said he would have to choose for me, for I will never be better prepared than now, what means unprepared at all. "Perfect, tomorrow you can go so I have my morning free". Gloups.
Another thing that is different in my country than in common law countries, is that your lawyer will very rarely speak in front of the crowd, defending you with very complicated words that no one understands and making great gesture while almost crying about your poor situation. Most of the time, you just have to say "I refer the court to my written conclusions", and so does your rival.
This morning, I hadn't to do anything, actually ; both parts just wanted to agree with the judge on a calendar to send the conclusions. Still, I had to find an old lawyer to present me to the judge (that's what you do when you don't know him or her), and another one, younger, to sign the agreement with me fort the other lawyer, who wasn't there either. Till that point, everything is very clear and easy, even if it was my first time. But yesterday was my birthday, so... I had a very nice supper with my uncle, aunt and cousins with very nice wine. When I got back home, I just went to the office to take my file for today. It was dark, I had had too much wine... Anyway, when I arrived ten minutes before the hearing, I realised when announcing myself to the "huissier" (the person that writes down which lawyer arrived for which case) that it wasn't the good one. So I ran back through the law courts to my car, rode as fast I could to the office, took the file in front of my amazed boss and ran back. When I arrived, there were more lawyers and I had to push them to get a seat.
Don't take me wrong : everything went fine in the end. I was presented, I found a kind lawyer to replace the other part and I didn't stumble in front of the court. My first real hearing is past, chiouf!
October 03, 2010
Just before the oath
Hi everyone!
Today is the last day of my non-adult life. At 9 am tomorrow, I will be swearing that I would respect the laws, the Constitution, defend the poors and the Justice and take no case I shall not think right.
Exactly : tomorrow, I will become a lawyer! I'm 23, and in my opinion, this is far too young to plea in front of courts, but actually, tomorrow I'll also turn 24. So, my big day is October the 4th, 2010.
Let's begin with what happened before. When I was 18 and had to choose what to study, I first thought of medicine. I wanted to take the challenge, see what I was capable of. But with all the pressure around me, like "you never was much of a scientist", "I didn't know you could count otherwise than on your fingers", I finally decided to do something shorter, where I could play with words all day long (one of my favourite skills), but still something that could provide me a good, well-paid and easy-to-find job. So began my career through law studies.
Some of you may think that it was a good choice, that it would give me much satisfaction and make my family very proud. Well, you're all wrong. I cannot develop it right now, but you'll soon discover that the world of law and rights is more like hell than paradise.
Anyway, I failed my first year, but then it went quite all right (if you don't count all these summers studying hard to pass the September exams) until my thesis, just a month ago. I changed university after three years, for the first one doesn't go further. The day I got my "master" (as they call it here), on September the 10th, I thought I was finally gone through this nightmare.
The present blog is a modest contribution to the understanding that things are not always what they seem to be. Tomorrow will my new life begin, and then, we will see if the nightmare is over.
Today is the last day of my non-adult life. At 9 am tomorrow, I will be swearing that I would respect the laws, the Constitution, defend the poors and the Justice and take no case I shall not think right.
Exactly : tomorrow, I will become a lawyer! I'm 23, and in my opinion, this is far too young to plea in front of courts, but actually, tomorrow I'll also turn 24. So, my big day is October the 4th, 2010.
Let's begin with what happened before. When I was 18 and had to choose what to study, I first thought of medicine. I wanted to take the challenge, see what I was capable of. But with all the pressure around me, like "you never was much of a scientist", "I didn't know you could count otherwise than on your fingers", I finally decided to do something shorter, where I could play with words all day long (one of my favourite skills), but still something that could provide me a good, well-paid and easy-to-find job. So began my career through law studies.
Some of you may think that it was a good choice, that it would give me much satisfaction and make my family very proud. Well, you're all wrong. I cannot develop it right now, but you'll soon discover that the world of law and rights is more like hell than paradise.
Anyway, I failed my first year, but then it went quite all right (if you don't count all these summers studying hard to pass the September exams) until my thesis, just a month ago. I changed university after three years, for the first one doesn't go further. The day I got my "master" (as they call it here), on September the 10th, I thought I was finally gone through this nightmare.
The present blog is a modest contribution to the understanding that things are not always what they seem to be. Tomorrow will my new life begin, and then, we will see if the nightmare is over.
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