Saturday, February 16, 2008

What Do You Do When....

The Judge you're arguing before is a complete asshole?

There are wrinkles in every case, whether it's the client who won't cooperate, or witnesses you can't find, or evidence that is unobtainable. But what if the wrinkle in the case is that your judge actually does not like asylum seekers, or immigrants for that matter? Or, in our case, student representatives. What do you do when cards are stacked against you before you even walk in the courtroom?

I spent the day emailing practitioners in the last jurisdiction where my judge spent the majority of his time. Email after email to people in private practice who have spent time representing asylum seekers pro bono. Who I am hoping have advocated before my judge. Who can give me some insight into this person's demeanor on the bench. Email after email that will most likely be ignored. See, we can't get firsthand experience observing my judge. He does not allow student representatives to observe his proceedings. He does not allow anyone to. This is rare for judges.

One email this afternoon did not go ignored. In fact, it was answered within 5 minutes of my sending it. To a man who has a booming law practice in the large city where my judge once practiced. And who has represented myriad asylum seekers pro bono.

Dear Sir:
This is who I am. This is what I'm doing. This is why I write, for the slim chance you may have had a case in front of this person. With the slim hope you'll give me the time of day.
Most Sincerely, DisgruntledLawStudent.

I received a reply instantaneously.

Dear DLS: I have not, sadly, represented anyone in front of this person. But you know what? I am a member of a list-serve of lawyers who surely have. May I post this request? By the way, keep fighting the good fight. I support you. Most thankfully, AmazingLawyer.

Dear AL: Thank you. DLS.

There is something comforting in the small community in the U.S. that does this kind of work. And what I am slowly learning is that the people who do asylum work have a network of people who think in the same way we all do: We can make a difference. We might not be able to change the world, but we can change lives.

On the eve of a 6 day weekend (faculty retreat), I left school at 10:30pm. Every minute was worth it, and every minute I thought of my client, the others who are doing the same work as I, and I know that we can be successful. But lordy, will it be hard.

I fear, at times, I am not strong enough for the work I am doing. Emotionally, that is. I met with my advisor today and he said, in his ever supportive way, that we are doing a phenomenal job. And that he has grown connected to our client through us. And that he will be unimaginably saddened if we don't win for a client who so clearly deserves asylum. The pressure remains on us. I just hope we're doing everything we can for her. I think we are.

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