Showing posts with label the law. Show all posts
Showing posts with label the law. Show all posts

Tuesday, March 22, 2011

estoppel

When I was a 1L (first year law student), I had to write a memo for my LRW (legal research and writing) class about promissory estoppel.  By the end of it, I felt like I could have told you the elements of promissory estoppel in my freaking sleep.  That's what happens when you spend an entire semester researching and writing one memo -- something that in actual practice you sometimes have to do in one day.  My then-girlfriend (a non-law student) used to recite the five elements of promissory estoppel as a party trick because she had heard so much about the stupid promissory estoppel memo.  Only the other law students ever laughed.  Their significant others looked kind of sick, because I bet they could have recited all five elements as well.

Estoppel is the legal doctrine that basically provides that if you purposely mislead someone, and they rely on your misleading statements, you can't then turn around and use their actions against them.  I guess there are a bunch of different kinds of estoppel, but the main two kinds I have dealt with are promissory estoppel and equitable estoppel.  Promissory estoppel applies when you promise someone something that they then rely on to their detriment.  Equitable estoppel arises when you purposely lie to someone and they rely on it to their detriment.  There are also procedural kinds of estoppel, like collateral estoppel.  Anyway, boring.

The point I am gradually getting around to here is that I am currently, during my last two weeks at the firm, researching estoppel.  For real.  As in, find a case that lists the five elements, apply to our facts, predict whether the client will be estopped.  I have come full circle in a way that really sort of frightens me. 

Also, I think that the partner who stopped by to "have a little chat before I left" should have been estopped from assigning me this project during that conversation.  I never would have let him into my office if I had known that he was going to give me new work at the end of our "chat."

* Ridiculous estop sign picture via here.
 

Thursday, March 3, 2011

little deaths (or, Hamlet for lawyers)


I guess it's not enough for me to use Shakespeare to show why leaving the law firm is hard.  I've been resisting writing this all day, but I can't do it.  I have to over-explain.  Perhaps it is my legal training.  You can't just state the issue and then state the law.  You have to apply.  It's the A in IRAC.  You learn this in your first legal writing class.  And so.

Issue:  A friend one said to me that when her friends change their names when they get married, it's like a little death.  To me, that is what leaving the law firm behind is like.  Really, isn't it what all changes are like?  Little deaths.

Relevant lawWho would fardels bear,
To grunt and sweat under a weary life,
But that the dread of something after death,
The undiscover'd country from whose bourn
No traveller returns, puzzles the will
And makes us rather bear those ills we have
Than fly to others that we know not of?