Falk Jellissen, a law student at Ludwig-Maximilians-University in Munich, Germany, was given the opportunity to intern during his legal clerkship ("referendariat") at Ervin, Cohen & Jessup LLP (ECJ). While in law school, Falk's professional experience has included working for the Department of Legal Affairs at the Telegate AG in Martinsried, and as assistant lecturer at various law offices throughout Germany. Falk has just completed his two-month internship at ECJ, and now has one more year to complete his studies before becoming a lawyer.

Below is an account of Falk's adventure . . .

AN ADVENTURE IN FOREIGN LAW AT ECJ

In the beginning of 2003, fate led me to the western coast of the United States, and more specifically to the offices of ECJ at Wilshire Boulevard in the heart of Beverly Hills. Well, to be honest, perhaps it wasn't so much fate but more the result of my efforts to get an overview of American law. I thought of ECJ for this purpose since the company I work for part-time in Germany had hired ECJ to assist it with problems it had with an American company. After witnessing the glorious victory of ECJ lawyers Jim Hicks and Heather McCloskey, I decided to work up the courage to ask if there was any possibility of an internship at ECJ. The response of Heather McCloskey was immediate: "We have never had a German law trainee, but I will ask our Executive Committee. If they refuse, I know some other attorneys in L.A. where an internship may be possible." Content with this answer, I went home with the positive feeling that I would obtain a position in L.A. independent from my employer.

Not 24 hours after Heather's e-mail, Jim Hicks wrote that ECJ would be delighted to welcome me as an intern. Perfect . . . now I just had to tackle the innumerable administrative details with my university, the German government and the American consulate. Meanwhile, I started a very nice and bracing e-mail conversation with Sandy Williams, ECJ's human resources director, in late September 2002. After spending endless hours in German administrative offices and the American embassy in Frankfurt (This is the only place to obtain a visa for America and I - along with 200 hundred other suffering comrades - had to wait outside 3 hours because of the security check. It was January, 17th 2003, so the temperature was below zero and afterwards it took 4 hours to feel all my toes again…), I finally managed to arrive in Los Angeles, the City of Angels, on February, 1st 2003. Not being aware of the apartment-situation in L.A., it took the kind assistance of Heather to finally find me a place to stay. I had the luck to move into ECJ attorney Kelly Scott's guesthouse near Hollywood Boulevard so I could begin concentrating on American law.

The first thing I noticed about German and American law firms is the location of secretarial assistants. In Germany, if you offer a secretary work space which is not a closed room or separate office, he or she will suspect you lack respect for the position. I personally think that there is no effective difference at all or that the American practice is better because less space is needed and it creates a more communicative atmosphere. With respect to American law, after studying a German law book about American law the first week, it started to become interesting. Besides several research jobs, the most interesting thing I was involved in was depositions. In Germany, there is unfortunately no equivalent. Indeed, if you, as a lawyer, talk to witnesses in the absence of a judge, it is considered a criminal violation and will probably be the last thing you do as a lawyer. Due to this fact, depositions were quite absorbing for me. I witnessed a number of depositions taken by different ECJ attorneys and had an opportunity to provide assistance on certain issues involving German law or language. All things considered, the depositions were the most interesting part of the work I did with American law; in case I become a Supreme Court judge in Germany, I will also implement them there (perhaps in a way where less paper is produced!). Of course, the visits to court also were very exiting. However, one case I worked on which appeared to be set for a jury trial was settled, so I didn't have the honor to see a jury in action. But I don't mind - - this is one more reason to return!

All told, the work of an American lawyer is pretty much like the work of a German lawyer. One big difference is the way you do research on a case. In America, you have to be much more focused on the facts. There is no real case law in Germany; lots of cases are subsumed under one law or rule which you find easily in the commentaries if you know where to look. So you just have to look for the pertinent rule and you get a description of what requirements have to be present and what the whole judicature provides. In America, it seems to me that cases are often more fragmented depending on various laws, facts and legal theories and this provides a constant basis for argument or disagreement. You pick the case which advances your point of view and try to demonstrate similar facts to the judge. As a consequence, judges in America have much more power than the judges in Germany. If one judge in Germany diverges from the precedent of the higher courts, you just take the case to the next level and you will very likely receive the right ruling. As the American judges have a bigger scope to make their decisions, an American lawyer has also more opportunity to present his arguments, especially when there is a jury which is unknown to the German system. So American lawyers are, in my opinion, more well-trained in eloquence as they need it more than the German lawyers.

Finally, I have to state that the decision to go to America to get an overview of American law was one of the best I ever made in my legal education. And luckily for me I went to ECJ where I was greeted by friendly, helpful and open-minded attorneys who made my visit unique and unforgettable.