On paper, I have always had a fascination with other legal systems. In undergrad, I became enamored by the writing of Robert A. Kagan — a prolific professor who has written extensively about the contrasting contours between adversarial and bureaucratic legalism. The prospect of a law guided primarily by statutes — not case law, fact finding lead by judges — not attorneys, and a litigation system set on efficient adjudication — not procedural due process fascinated me.
In the winter, I learned of McGeorge School of Law’s Salzburg Graduate Study Abroad Program and the opportunity to work in a firm abroad. I realized that I would be able to take my academic readings and get a hands-on-experience. When I was informed that there would be an internship placement in Milan, Italy, it seemed near impossible to say no. It helped that I have some Italian roots, and even spoke, albeit sparse, Italian. I had the opportunity to work at Maiano, Pisano, and Partners, a corporate firm which specializes in contract, commercial, and property law. I drafted a plethora of legal memorandums.
One of the most fascinating research assignments involved what is known as a ”decreto ingiuntivo.” This is a quasi ex parte proceeding which a party can file to collect a debt against another. The most fascinating aspect of this is that if the order filed is unopposed, res judicata attaches. In other words, any claims arising from the failed payment, can no longer be litigated. In one case, an Italian company issued an injunction decree against the German company. After, the court granted it, the German company tried claimed damages against an Italian company for failing to deliver quality goods. But the court held they couldn’t! The debt collection had precluded the claim. An outcome, that my American litigating loving mind could barely comprehend. But — Kagan’s words echoed as read this case, and I became absolutely ecstatic at the realization that I was seeing the tension between adversarial and bureaucratic legalism in real time.
I would be remiss in not mentioning that the attorneys at the firm were so kind and incredible. I was taken out to lunch multiple times, and I had a lot of fun talking with them. I would also be remiss in failing to mention Camilla — the firm’s incredible legal assistant who never failed to offer me a cappuccino in the morning (the answer was almost always yes).
Finally, I had so much fun exploring Italy. The great virtue in a place like Milan, and unlike the United States, is that every building is a testament to layers of history. Pieces of republics, empires, oppression, and liberty all are crammed into a single street. Milan’s impeccable train system facilitated some incredible trips as well. I visited the beguiling lakes of the Lake Cuomo, where I went with my girlfriend and her family. I also witnessed the castles of Torino. I even got to see my Italian cousins in the beautiful mountain town, Bolzano.
All in all, working in Italy was an unforgettable experience. I got a lot out of learning about the different legal systems, all the while roaming the streets of one of the most beautiful places on earth.
By Jordan Fortunati, a second-year student at the University of the Pacific McGeorge School of Law.