The bad day started at about 3:30 this morning with another driving nightmare. Lost control of the car, etc. I have a lot of those nightmares for some reason.
Then there was the zoning/annexation meeting out in the middle of a field nightmare. I guess all of you are familiar with that kind of nightmare. Some malcontent is upset with a zoning board because it wants him to cut down some trees for an irrational reason, so he wants to form his own small city and create his own zoning board. He's trying to get support from his neighbors for the project. You're there having to advise him and figure out what his beef is. His story about what the zoning board demands is completely implausible, but he refuses to share the actual documentation with you. Have you had those nightmares? I'm sure you have. They're pretty much a classic.
I woke up still fighting some kind of sore throat/cold/flu or something. I've been clearing my throat all day and sounding terrible. I had to go to Fort Smith for a hearing yesterday. I felt bad, but not quite bad enough to justify asking the Court to reset the hearing. Still, it was obvious I was under the weather. That was yesterday. I hope the transcript of the hearing isn't necessary. I hate to think the court reporter is going to have to listen to my scratchy voice, my clearing my throat, and my occasional lapses where I lost my place and couldn't remember simple things like Rule 54(b) and which rule of the 700 series of the Rules of Evidence I was referring to. These aren't obscure matters. Rule 54(b) is a major hurdle in appeals in Arkansas, and I'm teaching a CLE on expert testimony in a few weeks and the 700 series of the Rules of Evidence are the fundamental rules of the course.
That was yesterday. Today I got there tired. Some unpleasant stuff happened. I decided I had to get an extension on a brief because I wasn't going to get it done after all. Some other unpleasant stuff happened. Due to delays and calls we didn't get to eat the cake one of my partners brought to celebrate my birthday.
The work day didn't end up as bad as it began. I got a call from a reporter from the New York Times. I got to talk to her for about an hour about problems with Social Security Disability. I probably ought to blog about what we talked about. She said she might call me back.
One of the highlights of my legal career was the time I got to represent the New York Times. I may blog about that too.
The evening was much better. I got to have a nice dinner with my wife and sons at The Villa, Then we came home for a nice evening here. We're killing a little time before we eat the cake. Helena, Ben, and I are all together on computers. Ah, the 21st Century!