Tonight we had oral arguments on the motions we turned in on Friday.
Mine went something like this:
Me: "Plaintiff would like to exclude all written records and communications pertaining to blah blah blah because of such and such a statute that says blah blah blah."
Instructor/Judge: "How would you address the issue of waiver?"
Me: Blank look. Sucking air and panicking like fish out of water. Look at hands. Look at notes. Pray for miracle. Pray to die. Check under table for hole to dive into.
Me: "Your Honor. Um. Well. At this time Plaintiff asserts that there has been no waiver."
I/J: "Your client talked about this issue openly in her deposition."
I/J: "And was her lawyer present?"
I/J: "And she wasn't informed that she was waiving a privilege?"
Me: "Um. Well."
I/J: "Counsel, are you done?"
I/J: "You can sit down."
Me: **Insert death from total and utter humiliation**
I honestly just DID NOT think of that issue. It never occurred to me, my partner was relying on me to have all the issues on my side prepared and I SUCKED.
Oh well, guess these things happen.
I'm having artichoke jalapeno dip with pita chips for dinner, then cupcakes, and then possibly cheese on top of beer on top of fried things with a side of ice cream. God. Tomorrow needs to be a better day.
Oh yeah, I ALSO told Guacamole Kid the results of the US Olympic Hockey match BEFORE he knew or watched it because I didn't know that he didn't want to know...I SUCK!
Tomorrow will be better. It just has to be.