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...

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!

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!

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!

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.