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[Misc] Flowers
Since the professor in Professional Responsibility sort of jumps around when it comes to assigning our reading in the Rules of Professional Conduct (which makes it hard to find the exact rule needed for a question in class), I've been paraphrasing the rules and putting them in my notes before class. This practice is paying off, because when he asked a question about why a lawyer couldn't do something, I was able to say "Because of rule 1.7(b)." "Which says?" And I was able to rattle it off. Sweet. I'm going to go back over the ones I've missed out on and take care of them this weekend.

After class, one of the campus groups had a federal judge speaking. He was a former US Attorney and the first Indian-American to be appointed to the federal bench. His talk was very interesting (he'd only been a judge for 9 months) and so he spent about ten minutes actually talking and then threw it open to questions. During the Q&A session, a student (who was an older Hispanic man) asked him something like "How does your culture affect the way you approach cases?"

I loved his answer. He didn't fall into the "Well, as a member of this minority, I feel that..." way of speaking. He just kind of gave a brief "Well, my past experiences certainly do color my feelings on certain things" and how he was very careful not to let that affect the way he ruled because he'd seen judges who did that (his example was a former WWII Marine who always gave vets a break). Then he brought it back to his role as a judge.

I was seriously impressed with him.

After that, I studied a bit and had a meeting with my Cultural Property professor about my paper. I feel like I'm more on track now. She asked me if I was doing okay (I'd been a little flaky the past couple of weeks), then she told me to get some sleep. I asked my mother tonight and she said that I did look more tired than usual. It's really bad when it's that obvious. So, rest it is this weekend.

Anyway, I wanted to focus on a positive thing that had happened, after all the Amazon nonsense. My dad really likes the Cinnamon Crunch bagels from Panera bread and my mom really likes their coffee cake. Since there isn't a Panera near where they live, I always bring an order home when I come back for the weekend. Since they sell out a lot, I always place a pre-order the night before so it's waiting for me on Thursday evenings.

Well, last week, a good portion of Cincinnati and Northern Kentucky was without power for several days, so their ingredients spoiled and they weren't able to make as much as usual. When I got to the restaurant on Thursday, they didn't have my coffee cake. At first, I thought they just hadn't reserved one, but when they explained that they just didn't make any, I was fine. Still, they couldn't apologize enough. I mean, there were literally three people apologizing and they gave me my bagels and lemonade for free. Oh, and a tub of cream cheese. About ten dollars worth of stuff, I think.

Fast forward to this week and they had the coffee cake and cinnamon crunch bagels, but they didn't have the other bagels I ordered. (Apparently, they weren't made that day.) The girl who waited on me was like "I'm really sorry, and after this happened last week, too. Just pick out three other bagels and we'll give them to you for free." Meanwhile, the guy who was ringing me up overheard (I think he might have been a manager) and he gave me all my bagels and my lemonade for free. He just charged me for the coffee cake, because he said it was unacceptable for it to happen two weeks in a row.

Now, let's compare this with Amazon. Not having a coffee cake because of a power outage wasn't their fault and I assume it was something similar with the bagels. And even if they were somewhat at fault for not making the bagels, I was barely inconvenienced by it...if at all. Still, rather than risk a customer leaving angry, they headed it off by being very apologetic, acknowledging that it wasn't an acceptable thing, and offering me something to make up for it. (And, no, I didn't complain at all. I was just like "No, no, it's okay.")

And, as a result, I'll keep going to Panera and I'll recommend them to other people as well.

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Panera is teh win, isn't it? Although I'm still bitter that they stopped carrying my favorite yummy chocolate chip muffins because of stupid trans-fats. If I want to eat trans-fats, just let me!!

Sounds like you've got a good plan going in PR. I could probably give you some fun real-world variables. ;)

Panera is beyond amazing. I love going there in the winter and sitting by the fire and reading after I eat. And whenever my mom visits at my apartment, I have to get up early to take her to Panera for their soufflé. And they're always so nice.

And the trans-fat thing is getting me, too. Starbucks dropped my favorite holiday treat for the same reason. I agree that you shouldn't eat a lot of trans-fats (or any fats), but everything's fine in moderation, so what's wrong with me eating one or two of those brownies a week in December? (And, seriously, the brownies were amazing. It was a brownie with cream cheese frosting and chocolate icing, covered with peppermint. I complained about it so much that people who had never had the brownies were upset about it.)

I love PR, but I'm still a little worried about what the exam is going to be. Also, when did you take your MPRE? And do you have a lot of PR issues come up as a prosecutor?

*thinks* I took the MPRE sometime during my third year, but I don't remember exactly when. It's really not that bad. Just a practice sitting still and taking an exam by hand, Barprep! :)

The main ethical issue for prosecutors is Brady, disclosing favorable evidence. It's soooo easy to miss something, and a lot of times it's a big debate of whether it's actually Brady material or not. (We generally use the "oh shit" test -- if you read it and go "oh shit!", turn it over. ;))

There's been a fairly interesting issue up in my neck of the woods you might be able to find some articles on. Defense attorney has some physical evidence given to him by his client. What is his responsibility? Can the prosecutors get hold of it, and how? Pop quiz! :D

Edited at 2008-09-27 01:16 pm (UTC)

Sitting still. *shudders* Not my strong point. A lot of people keep taking about taking the MPRE this year, but I'm just not sure about it.

I like the "Oh, shit" test. Good, simple, clean rule.

And you're question...let's see, we haven't covered much criminal material yet, but I'm assuming that there's nothing that would either permit (if he desired) or require the defense attorney to disclose. I also don't think he'd have a duty to let the prosecutor know he had the evidence, but the prosecutor was aware of its existence and got a warrant for it, then wouldn't the defense attorney have to turn it over? Otherwise, he'd be helping his client further a crime?

Am I anywhere in the ballpark?

Pretty good. :) The attorney-client privilege doesn't apply to physical evidence, so he can't shield it from a warrant or subpoena. Client saying "I hid the body here" is protected, client drawing a map to the body isn't.

Wow, I actually feel pretty good about myself right now. But don't worry. I'm sure Con Law will beat it out of me tomorrow.

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