I have been a lawyer a long time and through the years I have represented many people. Most cases are settled, but there are those clients with I have had the pleasure of representing in trial. Going to trial with a client is not how it is portrayed on television. Those clients of mine who have the fortitude to sit powerlessly through a trial, confined for the most part at the counsel table, after years of intense scrutiny, invasive questions and worse, while they must blindly trust me, the judge and the judicial process are courageous. Their seat at the counsel table is not one that I would want.
Since I have been trying cases for many years, I am now fortunate to see what has become of many of my clients. With the invent of Facebook, I can follow their lives and live vicariously through their victories. The clients with whom I am still in contact, have by and large, gone on to lead interesting, productive and exciting lives. I am precluded from being more specific without getting their permission, to expand. However, I am moved by their courage they continue to display after they have sued their employers and what they choose to do professionally and personally. These are not people with repeat lawsuits or those who see themselves as victims. They start businesses, contribute to the community, pursue spiritual and religious goals, raise their adorable children in healthy houses and continue to live happy, productive lives.
I have no first-hand knowledge of what impact the act of baring ones soul up to complete strangers in the jury box and behind the bench has on a person, since I have never been a plaintiff or a defendant in a trial. I wonder if I am brave enough to have their fortitude and then trust that strangers will be fair and just. I believe that most jurors are courageous themselves, take their important role seriously, and do everything in their power to see that justice is done, but there are no guarantees. I can just watch and hope for the best for them. My clients surrender their beings to the civil jury system, and that takes much courage. The jurors take their jobs very seriously, and that is why the system works, because people are basically good, and fair, and have group intelligence. But the act of surrender is not an easy one.
Most of the time, my thoughts are consumed with looking at the cases and clients at hand. But when I encounter or read or contact the clients of my past, I am so happy for them and so honored that I was given the honor of representing them. What I see of the lives of my former clients after litigation makes me happy. I am so fortunate to have been honored to know these incredible people who draw strength from their struggles and make this world a better place. the end of my career, which hopefully is a few years away, I can reflect on my years as a lawyer and the special place these wonderful people have had in my life. Thank you for inspiring me.
Sunday, January 25, 2015
Sunday, January 18, 2015
Dr. Martin Luther King, Jr.
Tomorrow we celebrate Dr.Martin Luther King, Jr.'s birthday. Although he was murdered in 1968, his impact is timeless. In history, there are few heroes who have impacted America and Western Society. Throughout history, there have been many brave people who have made a difference. Dr. King undoubtedly knew that his life was in jeopardy, and he did not stop. He was a leader unprecedented in American history. What set him apart for me was his insistence on protesting nonviolently. His commitment to nonviolence, during violent and turbulent times was not only brave, but also revolutionary in our country.
Years ago, I purchased and have read, over and over, "The Autobiography of Martin Luther King." He never wrote an autobiography. The book is a reprint of his speech and writings and it is brilliant. Dr. King's influence benefited all oppressed or disfavored groups in the world. Since he marched, America has been transformed. Not only was he instrumental in the passage of The Civil Rights Act of 1964 and the Voting Rights Act, his movement caused major upheavals in power structure in the world.
Dr.Martin Luther King, Jr. was a leader for all Americans, in fact for all people. There have been few people who have benefited humanity more than he did. He belongs in the ranks of Gandhi, Lincoln, Mandela, Mother Theresa, George Washington and other courageous crusaders throughout history. We are all better for his work.
Years ago, I purchased and have read, over and over, "The Autobiography of Martin Luther King." He never wrote an autobiography. The book is a reprint of his speech and writings and it is brilliant. Dr. King's influence benefited all oppressed or disfavored groups in the world. Since he marched, America has been transformed. Not only was he instrumental in the passage of The Civil Rights Act of 1964 and the Voting Rights Act, his movement caused major upheavals in power structure in the world.
Dr.Martin Luther King, Jr. was a leader for all Americans, in fact for all people. There have been few people who have benefited humanity more than he did. He belongs in the ranks of Gandhi, Lincoln, Mandela, Mother Theresa, George Washington and other courageous crusaders throughout history. We are all better for his work.
Monday, January 12, 2015
What If We Died Tomorrow?
Sometimes, especially lately, I feel tired. I have been "practicing" law for thirty-one years and each discrimination case is a potential fight, brawl, or multi-year quagmire. Most people are unfamiliar with litigation, and may not really fathom the magnitude of emotional consequence, caused by reliving events, lawyers attacking their stories, and opponents bent on defeating them. Discrimination cases are tougher emotionally, with nasty smears of one's honesty, character, sanity and motives.
This last week, I hoped to hone "counseling" skills and hone alternative lawyer skills such as listening rather than haranguing or tricking opponents. I was to attend a three day mediation seminar out of town, but after the first day, back in the hotel room, karma had other plans. Within minutes of returning to the room in the evening, I became nauseous, weak, and finally overcome by a virulent case of stomach flu. That night was one of my worst nights in recent memory. I did not leave the bed and bathroom of the hotel room for 38 hours. The weather was bitterly cold, with wind chills below zero and I was so weak that I doubted I had the strength to stand erect, let alone, dress and drive to an emergency room. The nausea was so intense that television commercials repulsed me and I was forced to close my eyes so as not to regurgitate the bile that solely remained in my gastric system. Finally, by midnight, my son arrived from Kansas City, most of the nausea subsided, and I slept for 13 hours. It was another day before I felt strong enough to drive home. I was so thankful he came. I had been scared, panicky, and irrational, worrying that death was imminent, or, if it was not, perhaps hoping just a little that death, or his cousin, unconsciousness, would visit. I felt worse than I ever remember (except for childbirth - but that has a happier by-product).
I lived. I feel better, almost completely better. Once the nausea subsided and only weakness sidelined me, I took a look at my life. I am 62 years old. My father died at age 59. I have been a trial lawyer for most of my adult years. I know much about how to be a trial lawyer. I focus on employment discrimination cases. I want to know, has my life, my years in this chosen professional been worthwhile?
After 31 years, I have had clients who were never satisfied, no matter if their employer gave them the moon and all the corporate money. What these clients sought, was something I could not attain for them, to go back in time and get a do-over- no discrimination, no money loss, no humiliation. Money simply cannot right all wrongs and we have little to work with other than money. And a lawsuit cannot mend pre-existing or childhood injustices, or build self-esteem where the building blocks are lacking. Some people can never be satisfied, because they have never forgiven others or themselves for unrelated transgressions.
Other clients are satisfied, no matter what. I try to understand these people, too. Maybe they have such healthy self-esteem, the willingness to fight for what they felt was right is the most important part of their voyage. They settle cases sometimes that I would like to try, but it is their decision. They move on and usually live well.
There are some clients who simply want their day in court, and are willing to accept the outcome. Those are some of the bravest clients, since juries get verdicts right most of the time, but not all of the time and there is no guarantee of justice in this world. Those clients join me on the riverboat of life and step up to the poker table. The reward is often so glorious the risk is worthwhile, and not because of a big verdict (although that does not hurt) but because there is satisfaction in slaying the dragon. However, the flip side . . . losing . . . SUCKS. There is benefit for me the lawyer, because I continue to learn. But, for my clients, this is usually their one shot. I feel that I fail them.
I know that there are oftentimes good people on all sides of cases. Rarely in life, is good pitted against evil. But bigotry still exists, as current events sadly show us. I believe that most of us operate with prejudice that we do not, and perhaps, cannot, acknowledge. Take the IAT test, a test that looks for unconscious bias, and most people are biased towards others like them in gender and race. Implicit Bias Test - Harvard We need to set goals destroy the last vestiges of bigotry or we will always have a wealth gap and societal disorder and dissent.
Sometimes, especially after reading about war or visiting war museums, I despair, "What does any of this matter. Humans have no natural enemies, outside of each other, so we wage war and destruction to cull the herds. We are greedy, so there is corruption in government and politics. What is the purpose of this existence?" I think about Rwanda, slavery, the horrendous acts on this earth in the name of colonization such as conquering indigenous people and slaughtering them, and I feel hopeless. I know that there will always be people who abuse wealth and power. The poor will be downtrodden. The powerless will be oppressed. The weak will be abused. So, why should we attempt to better the plight of others? What is the point? We are all going to die anyway, some sooner than others.
I watched the movie "Selma" today, hoping the film would be inspirational, and it was. I remind myself, spring will come, even long after I am gone. More babies will be born, and they will grow up and re-inject hope, hope for humanity with them. Maybe, we can make this place better for future humans by instilling in the ones on this planet that no one is a less human than the other. We are all part of a group, we are all humans. And as humans, we need to learn to love and accept each other, foibles and all. That is our goal. When others work to eliminate war, or poverty, or famine, their goal is the same simple one, to respect and cherish one another. Being an American, or any other nationality is an artificial classification. Even being born into a religion is artificial, based on how ones parents were raised, or where in the world you were born. We are not all men, or women, or Christians, or Muslims, or Jews, or Hindus, or Buddhists, or Asians, or Americans, or Russians, or engineers, or Caucasians, or Africans, blah, blah, blah. But we are all human and we all live on this planet. Maybe, just maybe, being a human will be enough to feel connected to other humans, simply for being a fellow human. Maybe the act of simply being human will foster compassion and acceptance.
Isn't that the goal for which we all strive. We want love, acceptance, and meaning in life. We want others to love and acknowledge our humanness. We want to nourish and enrich other humans, because, by nature, humans are compassionate and caring creatures. It's just that on the way we get diverted. Okay, I can give this little quest of mine another day, or two, 4,000. I hope.
This last week, I hoped to hone "counseling" skills and hone alternative lawyer skills such as listening rather than haranguing or tricking opponents. I was to attend a three day mediation seminar out of town, but after the first day, back in the hotel room, karma had other plans. Within minutes of returning to the room in the evening, I became nauseous, weak, and finally overcome by a virulent case of stomach flu. That night was one of my worst nights in recent memory. I did not leave the bed and bathroom of the hotel room for 38 hours. The weather was bitterly cold, with wind chills below zero and I was so weak that I doubted I had the strength to stand erect, let alone, dress and drive to an emergency room. The nausea was so intense that television commercials repulsed me and I was forced to close my eyes so as not to regurgitate the bile that solely remained in my gastric system. Finally, by midnight, my son arrived from Kansas City, most of the nausea subsided, and I slept for 13 hours. It was another day before I felt strong enough to drive home. I was so thankful he came. I had been scared, panicky, and irrational, worrying that death was imminent, or, if it was not, perhaps hoping just a little that death, or his cousin, unconsciousness, would visit. I felt worse than I ever remember (except for childbirth - but that has a happier by-product).
I lived. I feel better, almost completely better. Once the nausea subsided and only weakness sidelined me, I took a look at my life. I am 62 years old. My father died at age 59. I have been a trial lawyer for most of my adult years. I know much about how to be a trial lawyer. I focus on employment discrimination cases. I want to know, has my life, my years in this chosen professional been worthwhile?
After 31 years, I have had clients who were never satisfied, no matter if their employer gave them the moon and all the corporate money. What these clients sought, was something I could not attain for them, to go back in time and get a do-over- no discrimination, no money loss, no humiliation. Money simply cannot right all wrongs and we have little to work with other than money. And a lawsuit cannot mend pre-existing or childhood injustices, or build self-esteem where the building blocks are lacking. Some people can never be satisfied, because they have never forgiven others or themselves for unrelated transgressions.
Other clients are satisfied, no matter what. I try to understand these people, too. Maybe they have such healthy self-esteem, the willingness to fight for what they felt was right is the most important part of their voyage. They settle cases sometimes that I would like to try, but it is their decision. They move on and usually live well.
There are some clients who simply want their day in court, and are willing to accept the outcome. Those are some of the bravest clients, since juries get verdicts right most of the time, but not all of the time and there is no guarantee of justice in this world. Those clients join me on the riverboat of life and step up to the poker table. The reward is often so glorious the risk is worthwhile, and not because of a big verdict (although that does not hurt) but because there is satisfaction in slaying the dragon. However, the flip side . . . losing . . . SUCKS. There is benefit for me the lawyer, because I continue to learn. But, for my clients, this is usually their one shot. I feel that I fail them.
I know that there are oftentimes good people on all sides of cases. Rarely in life, is good pitted against evil. But bigotry still exists, as current events sadly show us. I believe that most of us operate with prejudice that we do not, and perhaps, cannot, acknowledge. Take the IAT test, a test that looks for unconscious bias, and most people are biased towards others like them in gender and race. Implicit Bias Test - Harvard We need to set goals destroy the last vestiges of bigotry or we will always have a wealth gap and societal disorder and dissent.
Sometimes, especially after reading about war or visiting war museums, I despair, "What does any of this matter. Humans have no natural enemies, outside of each other, so we wage war and destruction to cull the herds. We are greedy, so there is corruption in government and politics. What is the purpose of this existence?" I think about Rwanda, slavery, the horrendous acts on this earth in the name of colonization such as conquering indigenous people and slaughtering them, and I feel hopeless. I know that there will always be people who abuse wealth and power. The poor will be downtrodden. The powerless will be oppressed. The weak will be abused. So, why should we attempt to better the plight of others? What is the point? We are all going to die anyway, some sooner than others.
I watched the movie "Selma" today, hoping the film would be inspirational, and it was. I remind myself, spring will come, even long after I am gone. More babies will be born, and they will grow up and re-inject hope, hope for humanity with them. Maybe, we can make this place better for future humans by instilling in the ones on this planet that no one is a less human than the other. We are all part of a group, we are all humans. And as humans, we need to learn to love and accept each other, foibles and all. That is our goal. When others work to eliminate war, or poverty, or famine, their goal is the same simple one, to respect and cherish one another. Being an American, or any other nationality is an artificial classification. Even being born into a religion is artificial, based on how ones parents were raised, or where in the world you were born. We are not all men, or women, or Christians, or Muslims, or Jews, or Hindus, or Buddhists, or Asians, or Americans, or Russians, or engineers, or Caucasians, or Africans, blah, blah, blah. But we are all human and we all live on this planet. Maybe, just maybe, being a human will be enough to feel connected to other humans, simply for being a fellow human. Maybe the act of simply being human will foster compassion and acceptance.
Isn't that the goal for which we all strive. We want love, acceptance, and meaning in life. We want others to love and acknowledge our humanness. We want to nourish and enrich other humans, because, by nature, humans are compassionate and caring creatures. It's just that on the way we get diverted. Okay, I can give this little quest of mine another day, or two, 4,000. I hope.
Sunday, January 4, 2015
Do Trial Lawyers Make Good Negotiators?
Trial lawyers are different from most people. They live their lives embroiled in a battle, ethically bound to fight, non-violently in most cases, for their clients. Yet, the tactical and oratorical skills that make lawyers fine trial lawyers, may differ from those of a master negotiator. But, trial lawyers serve a dual function.
In today's day and age, there are fewer lawyers who battle in a courtroom all the way from jury selection through verdict than there has ever been. Civil cases can cost a lot of money and require skill and strategy from a lawyer and monumental grit from parties to a lawsuit. Jury trials take emotional and physical tolls on the parties and on their lawyers. As time for trial approaches, the parties and lawyers lose the little objectivity they can possibly have. As trial looms large, any normal trial lawyer thinks, dreams and imagines only preparation, strategy, and arguments. The lawyer acts as playwright, actor and director of his or her client's case/story/play, except the other side has a competing play and the outcome is determined by strangers legally compelled to judge the play. The necessary talents of a trial lawyer differ from those of a negotiator. Yet, more often than not, the trial lawyer is called upon either during the preparation of the case, or, even more unnervingly, during the second act of the play itself.
Negotiations and jury trials require entirely different skill sets. Perhaps that is why there is a distinction between barristers and solicitors in Great Britain. It is unnerving to switch gears from trial to settlement. Can you imagine a runner being removed from competition to negotiate with another runner who will place first or second. In battles of war, which has some similarities to a trial, it would be ludicrous to expect a commander to leave the battlefield to negotiate with the opposing commander before the battle is concluded.
Later this week I am attending mediator training. I see much benefit of mediation in most cases. It's better for countries to enter into treaties than to engage in war. Yet, there are some times when war is inevitable, and occasionally necessary. Hitler could not be stopped by skilled negotiators. I believe negotiators should be students of the human condition, schooled in conflict resolution, by means more peaceful than trial. Of course, jury trials are far less significant than a real war. Lives are not lost in trial and the outcome usually affects a very few people. But, to the individual litigants, a trial can be of the utmost importance. Lives are altered through civil trials. Some lawyers say there are no winners in trial. That's balderdash. But, there are sometimes that the parties are better served by avoiding conflict. We need more peaceful conflict resolution in this world. But are the warriors the best choice for peace-makers? I don't know. I guess it depends on the person. I will see if I think I have the empathetic qualities of a peace-maker. I hope that the emotional toll of being in charge of mediating a case is considerably less than that of trying a case.
In today's day and age, there are fewer lawyers who battle in a courtroom all the way from jury selection through verdict than there has ever been. Civil cases can cost a lot of money and require skill and strategy from a lawyer and monumental grit from parties to a lawsuit. Jury trials take emotional and physical tolls on the parties and on their lawyers. As time for trial approaches, the parties and lawyers lose the little objectivity they can possibly have. As trial looms large, any normal trial lawyer thinks, dreams and imagines only preparation, strategy, and arguments. The lawyer acts as playwright, actor and director of his or her client's case/story/play, except the other side has a competing play and the outcome is determined by strangers legally compelled to judge the play. The necessary talents of a trial lawyer differ from those of a negotiator. Yet, more often than not, the trial lawyer is called upon either during the preparation of the case, or, even more unnervingly, during the second act of the play itself.
Negotiations and jury trials require entirely different skill sets. Perhaps that is why there is a distinction between barristers and solicitors in Great Britain. It is unnerving to switch gears from trial to settlement. Can you imagine a runner being removed from competition to negotiate with another runner who will place first or second. In battles of war, which has some similarities to a trial, it would be ludicrous to expect a commander to leave the battlefield to negotiate with the opposing commander before the battle is concluded.
Later this week I am attending mediator training. I see much benefit of mediation in most cases. It's better for countries to enter into treaties than to engage in war. Yet, there are some times when war is inevitable, and occasionally necessary. Hitler could not be stopped by skilled negotiators. I believe negotiators should be students of the human condition, schooled in conflict resolution, by means more peaceful than trial. Of course, jury trials are far less significant than a real war. Lives are not lost in trial and the outcome usually affects a very few people. But, to the individual litigants, a trial can be of the utmost importance. Lives are altered through civil trials. Some lawyers say there are no winners in trial. That's balderdash. But, there are sometimes that the parties are better served by avoiding conflict. We need more peaceful conflict resolution in this world. But are the warriors the best choice for peace-makers? I don't know. I guess it depends on the person. I will see if I think I have the empathetic qualities of a peace-maker. I hope that the emotional toll of being in charge of mediating a case is considerably less than that of trying a case.
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