June 11, 2009

Better safe than sorry.....?

So today on Twitter I was following and participating in a discussion initiated by The Red Pump Project regarding opinions on women who carry condoms. The discussion began as follows:
Question: Ladies, how do you feel about carrying condoms on you? Men: Would you frown upon your girl if she had condoms in her purse? (@RedPumpProject)
Here were some of the responses to the discussion:
WORD RT @anesidora I used to carry them & see nothing wrong with it. Presumably guys have condoms on deck, so why can't we? No excuses. (my response, of course)

RT @superhussy @RedPumpProj why not? i have to protect myself and you can't count on someone else to look out for your sexual health.

See? How does her protecting herself make u think she's a jumpoff? RT @peyso Yea, she's about safe sex. But I might think she's a jump

Handy nonetheless RT @TheBiasedTruth used to always carry them with me they always came in handy, but mostly for my friends! #redpumptalk

@RedPumpProj dudes usually know when there is the smallest poss of it going dn, he should be prepared if he's not, u should wonder why (@bsleet)

@bsleet It shouldn't be a 1 sided obligation. I believe in CYA (or rather CYP) & you don't always kno somethin will go down. #redpumptalk (@anesidora)

EXACTLY! RT @anesidora Not sayin its definitely goin down. I'd carry condoms for MONTHS & never have to use em. #redpumptalk
(you can follow more of the discussion on Twitter with the tag #redpumptalk or go to RedPumpProj)

It seemed like the general consensus was that there's nothing wrong with a woman carrying her own condoms, but a few of the dissents bothered me:

1. If she carries condoms, it makes her look like a jump off.

Since when did being prepared automatically make you reckless?? You don't buy car insurance with the intent of causing a 10 car pileup on I-69. You don't get anti-virus software for the purpose of downloading malicious executable files. Likewise, women don't necessarily carry condoms with the purpose and intent of finding some strange (or "new-new" as one of my friends calls it) and taking it home later that night. It's just in case, loved ones. And not just in case you find yourself in a one night stand situation because you were out hunting for some new-new before you even walked out the door. You never know if or when you may run into an old flame with whom you may want to rekindle that spark "for old times sake"..... you never know if you and your man may want to meet up later..... you never know if your friend or homie may need one. It's better that you have it covered (no pun intended) than leave something to drunken chance.

I won't launch into my full on assault on double standards, but this is CLEARLY one, and a very bad one. Sex takes two people equally involved, and ideally a condom should also be involved. You just cannot tell me that a woman being the one to supply said condom is somehow a less than desirable individual when she was going to have sex with the man ANYWAY. The logical fallacy is hurting my brain, so I'm going to have to stop.

2. The guy should have some, and you should question his level of responsibility and not deal with him if he doesn't.

This is an argument that would have my BFF, who is a Planned Parenthood lobbyist, springing to the attack and intellectually ripping you a new one. Going back to the car insurance analogy, you can't just say "well, everyone else should have insurance so I don't need any." It is every woman's right and obligation to make sure that she is in charge of her own sexual health. This is NOT an obligation that we need to place on others for the sake of not "looking like a hoe" (which is a BS argument and view anyway). Yes, men who are sexually active should have condoms in their possession..... but what happens if he unexpectedly runs out? What happens if he thought he had a whole box and his roomie came and "borrowed" them all? What happens if he gave his last one to his boy while they were out because it was obvious he was about to get into some meats (as my beau and his roomie say), and then you come along at 2:57am?? I can think of much more egregious deal breaker offenses and indications of lack of responsibility other than "he wanted to have sex but didn't have a condom." Well, obviously, you wanted to too, or you wouldn't be there, and you didn't have one either. Double Fail.

This should not be some sort of "test"...... if you read my blog posts, you know how much I abhor tests, checklists, and games. Why set yourself (and him) up like that?? "Oh, I'ma go to his place, get all ready to do the do, and if he doesn't have condoms on him he gets deleted from the Blackberry." Why not just have your own and everyone is happy? Now, the dealbreaker would be him not having any, you having one, but he still insists on following Old Dirty Bastard's advice anyway. *cue Shimmy Shimmy Ya*

(ok, so I admittedly "indirectly" used one test..... I used to buy Trojan Magnums, so if you were foolish enough not to have your own, and the ones I brought were a little... um..... "roomy", then you have failed on 2 fronts, not just one, and in theory, hopefully you would have been embarrassed enough to not make the same mistake again.)

Ok, I'm off the soapbox. To read more about my views on this, check this out: "....and if you need 'em I got crazy prophylactics....."

Also check out The Red Pump Project, a campaign to raise awareness about the effect of HIV/AIDS on women and girls.

And thanks to the homie BSleet for providing the intellectual banter.... we lawyers like to argue just for the hell of it sometimes, but it's all in love.

June 10, 2009

"Mamas, don't let your babies grow up to be lawyers...."

I am officially done with traditional legal practice. I'm completely jaded. I tried, I really, really did.... for 5 years. And I've come to the realization that this ish just isn't me.

Here's proof in black and white from a book that I was required to read for work (that, BTW, I never finished):
"I feel the need at this juncture to direct or word to those readers who might be slightly put off by the seeming "game" and "gamesmanship" aspects of what we have and will be discussing. I don't want to wax too philosophical, and I suppose this could be handled more gently, but the fact is that the world of business is peppered with gaming elements, and negotiating and acquisition may well be the biggest game of all. I say this with no disrespect or opprobrium; quite the contrary, it is these very ingredients--the movement of big money, a high-level of matching of wits, achieving tangible results in an expeditious time frame-- that for me make acquisition work so fascinating. But it would be delusional to suggest that this kind of endeavor has a number of socially redeeming features, and if you hanker for that, negotiating deals will probably leave you empty and dissatisfied."
~ James C. Freund, Anatomy of a Merger: Strategies and Techniques for Negotiating Corporate Acquisitions, Section 2.4.3 (reprinted without permission, so I will probably be getting sued by this shark)

Empty and dissatisfied. Yup, that sums it up. And when you are totally devoid of passion, it shows in your work, especially when you are working with someone who is a ZEALOT for type of thing. I'm just not that adversarial and confrontational and, well, dirty. I went into transactional law trying to AVOID the adversarial climate of litigation, but I've come to realize that it's still there, just in different forms. At least in litigation the lines are definite and drawn and you know who, how and why you're trying to screw someone over. The transactional world is a bit sneakier about it.... you have to make the other person seem like they are winning when you're really just lining them up for a good screwing (sans lube).

Yup, I'm finally admitting it to myself..... I just don't have it in me. I'm smart as all get out, but I just lack that certain je ne sais quois (i.e. win at all costs cut throatism). Don't get me wrong, I love law...... the research, the analysis, the problem solving, the writing...... it's just the screwing part I have the problem with, and unfortunately in traditional practice that's where the rubber meets the road.

So aside from contract specialist work or compliance officer or something like that, I'm D-O-N-E (if I possibly have any say in the matter, which, in this economy, then answer leans toward "B....., not really"). Right now I'm looking to break into academia.... not necessarily as an instructor, but just in that realm period. I think my eccentric nature, idiosyncrasies, and outside the box nature are better suited to the academic world than the corporate one.

My "dream job", however, is in writing and publishing.... and not even just my own work. I know this sounds sick, but I like editing (even though I don't FULLY edit my blog posts so don't hold me to that high of a standard, but if I had to I could spot a period at the end of a sentence that is accidentally bolded when the rest of the text isn't). It's funny (not in a ha-ha funny kind of way though) that I remember a career day that they had at my high school and you could choose which presentations you wanted to attend. I picked law, journalism, and something else (I forget because I was busy puking from morning sickness..... *sigh*) and my favorite was actually journalism. That is, until I found out that they don't make a lot of money generally. I wish I could go find a time machine, corner my high school self in the bathroom, rough her up a little bit and tell her that's a stupid way to make a career choice, tell her never to mention that this happened or else, get back in my time machine and come back to 2009. Would have saved myself a lot of heartbreak......and student loan money.

So, anyone thinking about going to law school (and I wish I had a dime for everyone who has ever told me they thought/are thinking about going to law school, my student loans would be paid off by now), do a REALLY thorough self assessment of not just your intellect, but your personality as well. Not saying you have to be a cut throat sociopath extremely aggressive person to be a good lawyer, because there are lots of lawyers out there that truly help people and look out for the public good, but to be the big baller high roller attorney that everyone automatically thinks of when they hear the term "lawyer"..... well, yea, you kind of do have to be that person.

And now, I leave you with an excerpt from a blog post that I wrote back in September 2006 when I was still working at Big Firm..... a little parody (or warning, if you will):

"Mamas, don't let your babies grow up to be lawyers.
Don't let 'em write briefs or drive luxury trucks.
Let 'em join peace corps or be artists and such.
Mamas don't let your babies grow up to be lawyers.
'Cos they'll never stay home and they're always alone.
Even with someone they love."

June 8, 2009

Independence is overrated

Much ado is made about the appeal of the "independent woman" versus a more "traditional woman", particularly among the black community. Quick..... name 5 songs about "Independent" women! *cue Jeopardy music*

1. "Miss Independent" by Ne-Yo
2. "Independent" by Webbie
3. "Independent Woman" by Destiny's Child
4. .....
5. ......

Crap, I'm drawing a blank. Anyway, you get the idea.

Yes, there is a certain appeal and value to a woman who can provide for herself and contribute to a relationship. However, the Dark Side of this independent woman movement is the A.B.W. Syndrome..... the woman who will hoot and holler that she doesn't need a man for a DAMN thing and she can do everything by her DAMN self, and DAMN a sexist ass man for expecting her to submit, or compromise, or anything that goes against exactly what SHE wants with her stupid checklists and unrealistic demands for perfection when she herself is one hoof away from being a wildebeest with a Mussolini attitude to match.

Ladies..... that's not cute.

I would consider myself to be independent..... whether my bills get paid does not depend on whether or not I'm in a relationship and/or how well I "put it on him" last night. My plan for financial success does not include how I'm going to rope in a man to take care of my finances. I also know how to change a tire, put together a book shelf, install a ceiling fan, hook up a router, I can even stain and polyurethane. On the flip side of that, I think I do have a few qualities that may be at odds with the hard-core feminist notion of the "independent woman" that, in my opinion, make me a pretty decent catch:

1. I can cook.

I always hear about guys complaining that women today can't cook. I thought this was just an over exaggeration and they meant that these women couldn't cook like momma or grandma with the meals that you have to start cooking at 3pm in order to be done by 6:30, because SURELY there are plenty of women out there who really need to have more fabric to cover their asses in the club who are obviously eating good. But I fully realized the magnitude of this problem this past weekend when I got up and made my beau breakfast..... he said that was the first time in his 28 years of life that a woman he was dating made him breakfast (aside from some eggs once, which he said were too nasty to eat). I almost didn't believe him. And it's not like I made come complicated breakfast..... Belgian waffles, turkey bacon, and scrambled eggs. Ladies, these are not hard things to make. A $30 waffle iron, some $3 belgian waffle mix, a $1.50 can of apple pie filling, turkey bacon thrown in the oven or skillet, and scrambled eggs.... I don't even EAT scrambled eggs but they're not that complicated where I couldn't figure them out.

Ladies, I'm not saying you need to become a gourmet cook or your man's grandma reincarnate. Start simple... hell, start INSTANT. Example: Spaghetti.... I've never met a man who doesn't like spaghetti. Find a sauce that you like (don't eff with Ragu unless you plan on seriously doctoring it up, which is NOT simple), cook noodles for 7 to 9 minutes (longer if you use whole wheat), , get a bag of pre-cut romaine lettuce & some Caesar dressing (I recommend the stuff that's in the refrigeration case with the salad mix... those tend to be better) throw some Parmesan cheese & croutons on it and you have a whole meal. Target is great for interesting instant meals..... their tortellini (boil for 5 minutes) with some marinara sauce is one of my favorites. My point is that you should find some simple GOOD meals and get proficient at making them. It will go a LONG way, trust me.

2. I respect sports.

Notice I didn't say I LIKE sports, at least not on the level that most men like sports. But I respect when important games are on and I will either not protest to it being on the TV, or, even more noble, I don't mind if he wants to go watch it with his boys. I don't throw a hissy fit and demand that we watch MY show, because chances are MY show will come on again. And I do try to know a little bit about the games, who's playing, who the key players are, at least the basic rules (mostly thanks to years and years of watching youth sports) so that when he does choose to stay home and watch the game with me I can actually enjoy it (to a degree) too.

Love it or hate it, but always respect it..... men and sports go together like peas and carrots. It's not going to change. You're not going to change it. Stop fighting it, accept it move on. It is simply a battle you will not win in the long run, and your short term wins will be pyrrhic victories.

3. I accept chivalrous acts.

Ok, I admit, this is something that I am actively working on, but more so because I hate to inconvenience people than having the attitude of "I can do it all myself I don't need you step off." It's just a fact that men like to feel needed and they still have a protective streak about them.... millions of years of instinct fighting off wild animals for us doesn't go away easily. One thing my beau likes to do is give me the shirt off his back.... literally. If he sees that I am cold (especially in the grocery store, where it's always cold) he will offer to take off his shirt so I can wear it. Most times I tell him it's ok, but sometimes I accept his offer. Same goes for opening my car door, letting me get my food first, and carrying heavy things for me. Ladies, let a man be a man sometimes, particularly if you are one who is complaining that there are no good men out there. Chivalry is dead in part because we killed it. Give it a chance to grow sometimes.... you just might like it.

4. I'm submissive.

This can be taken in many ways. *brief pause* But I shall speak on it generally. I am not religious in the traditional sense, but I do believe the man is the head of the household and should have the final say on certain things, and as such I will defer to those decisions. Granted, any man who I am with and would be attracted to would necessarily seek and respect my input and intelligence, so it's not like I'm advocating Coming To America like obedience (no standing on one foot and barking like a big dog for me).

Now, considering that I am in a relationship but not married, this plays less of a role than it would if I were married (membership has its privileges). But I still seek out my man's opinion on some things, and it's not always my way or the highway. We don't always have to see the movies *I* want to see, or go to the restaurants *I* want to go to, or hang out with *MY* friends. Mix it up a little and do what he wants to do sometimes, ladies.... you may just accidentally enjoy it.

5. I'm "creative" intimately.

I've written on the topic of One Stop Shopping before, so I won't rehash what I've already discussed (i.e. stop and go read it). But nothing drives me more insane than a woman who reasons that her man doesn't "respect" her if he asks her to do certain things in the bedroom (or couch, or car, or.......) and exclaiming that she could "NEVER do THAT!" because she's too much of a "lady." Um, no.... not respecting you is him asking someone ELSE to fulfill his fantasies because you won't. There's nothing wrong with being your man's personal Darling Nikki. In fact, you SHOULD be, because think about it...... if not you, then who?

Ok, I'm done with my list for now. I'm sure I can think of some others, in which case I will come back and do a Part Deux. Just remember, ladies, being independent is all fine and good, but still remember that your man likes women, so it's ok to act like a woman from time to time. Nobody is asking you to stay barefoot and pregnant in the kitchen, but it won't kill you to do some of those things your grandma used to do for your granddad. It doesn't make you any less strong or independent or less of a person. Just give a little sometimes.

May 27, 2009

Meeting the Fam

Memorial Day weekend was a major milestone for me and my relationship with my beau..... yes, I met The Family. *bites nails* It was really an unplanned event, as we had planned on making the formal introductions on June 27th at his sister's graduation. However, some events transpired the prior week that necessitated that I get away (*deep woo sah breath*), and my home girl in Detroit text'd me and said "You need to get away.....C'mon up here to The D", so I threw some clothes in a bag and went. My beau was already in the D visiting his family for his mother's birthday.... he'd driven up the day before to surprise her, so I decided to drive up there and surprise him.

(And boy was he surprised.... I called him and asked him where he and his boys were hanging out that night and told him I'd meet him there. He didn't believe me. But I sure did meet him outside the club. He kept saying the entire weekend "I can't believe you are here in the D!" I like surprises... giving and receiving.)

Before making my 5 hour drive, however, I had to grasp the realization that (1) I would be meeting his family for the first time (except for some uncles I met a few months ago) and (2) I was not in the best emotional state and they would be meeting me for the first time not at my very best. I needed to get away and get around some people, so I said eff it, I'm going.

Now what had me extra nervous was the fact that my beau is VERY close with his mother and 4 siblings, as well as a set of Godparents, and I..... well...... my family is about as tight as.... uh.... something not very tight [insert your own analogy here, cuz mine was terribly inappropriate]. I don't know what happened somewhere over the years, or generations, but something is just missing. It makes me sometimes feel like I was raised by wolves and am not quite sure how a normal family operates ("normal" being relative.... I'm talking about a comfortable, open relationship with family members.... or at least seeing and talking to each other more than just on major holidays/births/deaths/marriages). I was also nervous because it had been 16 years since I had to meet anyone's mother, and THAT didn't turn out too well.

I ended up meeting EVERYBODY in two days. I met his mother, 2 younger brothers, 1 of his younger sisters (the other doesn't live in town), his niece and nephew, his Godparents, his best friend, his Sands, and a few people he grew up with, plus a myriad of other related folks who were apparently all very anxious to meet me. I'll just state it plain and simple: I love his family. For once I didn't feel like an oddball weirdo..... not saying that they are oddball weirdos, but rather just not the mainstream, cliche norm. We went to a bowling fundraiser for his nephew and (damn near) EVERYONE there had locs and natural hair. Both his mother and his godmother we ecstatic that I had locs. His mother even gave me a professional massage (with patchouli scented oil which is one of my FAVORITE scents) AND broke out my beau's life story in pictures..... he said she's never done that for anyone else he's brought to the house. His mother and I have a lot in common, which is a huge relief and bodes well for the future, in my opinion (considering past experience with a mother who was my polar opposite).

All in all I think it went well, even though I wasn't quite feeling up to par, but I think they understood because my beau had explained what had transpired that previous week. It was just nice to see the "behind the scenes" of what and who helped shape and form the man that I get to interact with every day, and it just made me appreciate him that much more. And I'm very much looking forward to going back.

May 18, 2009

Not going down without a fight (a lesson in creditor's rights)

*DISCLAIMER: This post is not intended to be legal advice. Please seek out the assistance of qualified counsel if you need assistance in this area. Or figure it out yourself and do it pro se.... but remember what they say, "He who is always his own lawyer will often have a fool for his client."

One of my many Adventures in Divorce has been the experience of serving as my own legal counsel. I initially filed my petition for divorce pro se, though I eventually hired an attorney once The Ex started clownin' and doing ish like sending me interrogatories and requesting custody evaluations (which cost upwards of $15,000).... even after I hired a divorce attorney, I still played a major role in drafting my settlement agreement, which is very much like what I'd imagine drafting your own obituary would be like...... Then I had the experience of filing my own contempt motion when this fool refused to pay for all the things he agreed to pay for in the divorce settlement. Please keep in mind, although I am an attorney, I am not a family law attorney, nor am I a litigator..... I'm a business attorney, a paper pusher, the chick that drafts the contracts that get signed and put away in an old file until the shit hits the fan and clients have to pull it out to see what everyone is supposed to be doing and isn't. There is a very large and distinct difference there.

So my latest hat that I've had to don in the legal arena has been that of a bankruptcy/creditor's rights attorney, with me as the creditor. Although The Ex had signed our divorce decree and agreed to be responsible for certain debts (an extremely MINOR portion of the debt at that) he had no intention of ever paying it and had already expressed that he was just going to file bankruptcy and leave me stuck with EVERYTHING. Yea, he's a real man's man. And for once in his life, he was true to his word and filed bankruptcy, attempting to leave me with 2 credit cards, all of a second mortgage, and the deficiency on his car that he couldn't pay for and got repossessed (and which is now wrapped into MY car loan because of cross-collateralization, meaning my car will NOT be paid off next year as anticipated..... I just gotta *woo sah* on that one). Fuck. That. So, being the incredibly smart cookie I am, I did a little research, and this is what I found:

"11 U.S.C. § 523(a)(15), was changed to state that any obligation 'to a spouse,former spouse, or child of the debtor and not of the kind described in paragraph(5) [“domestic support obligations”], that is incurred by the debtor in thecourse of a divorce or separation or in connection with a separation agreement,divorce decree or other order of a court of record, or a determination made in accordance with State or territorial law by a government unit is not dischargeable.' This is a very dramatic change which, in effect, states that any obligations coming from a dissolution judgment or separation agreement are not dischargeable in bankruptcy."


I told this fool this before he ever filed for bankruptcy -- even e-mailed him the relevant sections of the bankruptcy code, effectively doing the work of his attorney for him-- but still he included me as a creditor to be discharged just like the rest of the lot. If I haven't already made this abundantly clear by now, The Ex isn't very bright, and part of his not-very-brightness results in him consistently underestimating my intelligence and tenacity. I wasn't going to take this shyt lying down and I let him know this.

But...... I had no effing CLUE about anything to do with bankruptcy or creditors rights. I had about 3 months to figure it out, though. I asked people at work, and nobody knew. I asked a friend who is a creditors rights attorney at a Big Firm, and he didn't know (he didn't deal with consumer bankruptcies). I scoured the net, but all I could find was information for debtors wanting to file bankruptcy; nothing for creditors like me. As the May 4th deadline approached, panic started to set in.... I was going to get stuck with about $17,000 worth of debt that he was supposed to be responsible for. I didn't want to hire an attorney and pay him/her $1000 to possible still get nothing..... after all, I was only trying to get a determination that my debt was no dischargeable, it would not have been an order to pay..... that would come with the contempt orders. But finally, on May 3rd I found it.... some convoluted instructions and forms on how to file an adversary proceeding on the court website (don't ask me why my very-smart-yet-dumb ass didn't go to the bankruptcy court's website to begin with). Complaint, cover sheet, summons.... it was all there with instructions (albeit not very clear instructions that I couldn't imagine making any sense to a lay person, because they barely made sense to me as a non-litigator attorney).

I got all my forms filled out and printed off, and took them to the bankruptcy clerk's office the next day. I walked up to the window and told them that I was there to file an adversary proceeding. The lady looked at me like I was nuts. Apparently, they don't get to many adversary complaints in their office because it took 4 women to figure out how to get my documents filed. Twenty minutes and $250 later (yes, filing fee was two-fitty) I had my case filed and skipped down the courthouse steps and went to work. And yes $250 was worth it to me to show him that I was NOT about to let him screw me over once again.

I guess The Ex got the summons about a week and a half later, because when my beau and I were at Son's football bingo night fundraiser we had a bit of an, uh, incident. The whole story is complete hilarium and is best saved for another post, but basically my beau was cordial and said hi to The Ex and his mother, and The Ex responded by coming over to where we were sitting, leaning over and saying "I could be cordial to you if you would quit fucking suing me." Wholly unnecessary. I told him not to get mad because I wasn't taking this shyt lying down and I was asserting my rights, and that he should have figured out a long time ago that I'm the wrong person to try and screw over from a legal perspective (Ms. Cum Laude law grad..... *a-hem*).

So this is my [non-legal] advice to anyone who has gone through a divorce and your ex later tries to file bankruptcy and leave you with all the debt....... according to the bankruptcy code, those debts are not dischargeable. This includes child support and spousal support obligations as well. I HIGHLY recommend seeking out the assistance of an attorney if you find yourself lumped in with the rest of your ex's creditors in a bankruptcy filing, because most likely his/her attorney will go ahead and do it because, as I stated earlier, not too many people challenge this. This is not something that the bankruptcy court will determine on its own.... you MUST file what is called an adversary complaint or adversary proceeding, which is basically a lawsuit within the bankruptcy, and the court then determines whether your ex's financial obligations to you are dischargeable.

I must clarify, though..... the bankruptcy will discharge your ex's obligations to the creditors themselves, but not to you. For example, let's say you had a joint Visa account and your ex agreed to pay off this account after the divorce. He/she then files bankruptcy. His/Her obligations to Visa will be discharged (meaning that Visa can no longer go after him/her) but you will still be on the hook as a joint debtor. However, this is where the non-dischargeability comes in.... you may still have to pay Visa, but you can then go back after your ex and have them pay you back (this is called indemnification..... you should definitely have indemnification provisions in your divorce settlement agreement). Visa is barred from attempting to collect this debt (that's what discharge means) but you are not.

I am still waiting to see what is going to happen in my case. I'm still within the 30 day window for him (i.e. his attorney) to file an answer to my complaint, and then I'm not really sure what happens after that. I'm hoping and praying that I am correct in my research and conclusions. But at least I can say I tried, and I didn't just roll over and concede defeat. At the very least, I'm satisfied with the fact that he had to come out of pocket additional money for his attorney, because things like this are not included in a flat fee bankruptcy case. But more importantly, I stood up for myself. Nope, I'm not going down without a fight.
 

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