Wednesday, October 23, 2013

Derrick Rose: The Return



Derrick Rose has been out of NBA circles for more than one year now.  Before he tore his ACL in April 2012, he was widely considered a top-five player in the NBA.  He was one year removed from a NBA MVP Award.  He was praised as the savior for a Chicago Bulls franchise that had not experienced much success since Michael Jordan retired.  When he went down with an injury, the hopes of the franchise were momentarily lost.  But, now, those hopes are once again shared among the many Chicago Bulls fans.  

Derrick Rose is a special talent for multiple reasons.  He is the most athletic point guard in the NBA.  His ability to dominate basketball games is predicated on his ability to be faster, stronger, and more explosive than the point guards who attempt to guard him.  Without his explosiveness, I am not sure he would be as effective.  I have never heard him described as a particularly “heady” player or someone who is a "true" point guard.  Those compliments are usually reserved for Chris Paul, Rajon Rondo and Deron Williams.  He uses his athleticism effectively on both ends of the court.  Because of his lateral quickness, and ability to anticipate opposing players’ moves, he has become a really good position defender.  In many respects, he anchors the Chicago Bulls’ defense. 

The City of Chicago has experienced a lot of turmoil over the last few years as a result of gang violence and a murder rate that rivals wars in other countries.  Many young, inner city Chicago residents do not have much hope  that they can overcome their unfortunate situations.  Derrick Rose, as Chicago's prodigal son, represents a breath of fresh air for many of these young kids.  Rose is from Chicago and grew up in a gang-infested part of the City.  Despite these seemingly insurmountable odds, he survived and flourished.  He attended college, albeit for only one year.  He has conducted himself as a professional on and off the court and has never had any issues that so many young, professional athletes cannot seem to escape.  He also seems to have a humble spirit and genuinely loves the game.  His latest commercial depicts his love for the game.  At the end of the commercial, and I am paraphrasing, he states: What would be left without the fame and money of the NBA?  His response is “everything.”  For some folks I would dismiss the comment as a marketing ploy, but for Rose, I truly believe he means what he said.  

The NBA regular season is right around the corner.  That said, Rose’s long-awaited return is only a few days away.  As if that were not a big enough occurrence, the Bulls open up their season against the defending NBA Champions, the Miami Heat.  The media will be all over that game.  I have watched Rose play a few games during the preseason, and he looks like he is back to form.  He even stated that he is now more explosive and also that his vertical leap has increased by five inches.  That is a scary thought for opposing point guards.  He is certainly coming for Chris Paul’s title as the best point guard in the game.  I cannot wait to see him square off with Paul, Kyrie Irving, Ty Lawson, Russell Westbrook, and many of the other great point guards in the league.  Rose has acknowledged that he has a bullseye on his back (no pun intended) and that many of the young point guards in the league will attempt to make a name for themselves by dismantling him.  Somehow, I am not convinced they will be successful.  Welcome back D. Rose!


Peace

Wednesday, October 2, 2013

Jury Trial: Second Chair

Writing is therapeutic for me and I have not written a blogpost in a few weeks.  I apologize for the absence and appreciate your continued support.  I have been extremely busy during the last few weeks, and had not had the opportunity to collect my thoughts until tonight. 

The Wheels of Justice Turn Slowly

I began working on a case in early 2012.  I   never expected the case to proceed to a jury trial.  I figured it would settle at a mediated settlement conference, or shortly thereafter.  As a civil litigator, most of my cases are resolved in a settlement agreement.  There are times when I am able to argue motions before judges, but the majority of my cases are settled.  I do not know the exact date when mandatory mediation became the practice in North Carolina, but I think it was the mid 1990s.  Before North Carolina adopted this procedure, civil litigators were consistently taking cases to trial.  Now, things are a little bit different.

Mandatory Mediation

Before any civil superior court case (any case where damages are alleged in an amount over $10,000.00) can proceed to a jury trial, the parties involved must participate in a mandatory mediation.  A mediation is a proceeding whereby a neutral third party facilitates negotiations between adverse parties.  It is a very useful procedure that usually means the case will settle before proceeding to trial.  During the mediation, each side weighs the risks inherent in proceeding to trial and after careful consideration, the parties usually decide to settle.  This has been the reality I have faced during my short legal career, until now.

Trial Continued

The case I previously mentioned was originally set for trial in August 2013.  However, because of a conflict of interest with the trial judge, the case was continued.  After the continuation, I put the case out of my mind.  I just figured that I should not get my hopes up because I just knew it would settle.  As has been the case many times in my life, I was wrong.

Trial Preparation

Once I realized the case would be tried before a jury, I began feverishly researching issues, drafting pre-trial motions and participating in strategy meetings in preparation for trial.  It was at this point that I realized how a case actually comes together.  As a junior attorney, I often work with senior partners, and despite my best efforts, they seem to be a step or two ahead of me.  I realized at this point why that was the case.  They have the experience that I am gaining, so they see the case differently than I do.  It the equivalent of a good basketball player who is talented but inexperienced being defeated by a more seasoned basketball player (remember when Kobe played against MJ early in his career?)  If you know anything about basketball, it is clear that Kobe gained the necessary experience, and is now a first ballot hall-of-famer.  Experience is the best teacher. 

Competitive Nature

I am competitive by nature and I like to think that I am a pretty intelligent individual.  That said, trial work gives me an opportunity to match wits with much more seasoned attorneys. It is fun and I am thankful to be able to do something that I truly enjoy.  I will talk about the jury trial sometime in the near future.  


Peace