Tuesday, January 25, 2011

How To Be A Great Lawyer, Especially a Great Anti-Discrimination Lawyer

People start law school for many reasons. I am going to address the species of lawyer called trial lawyer, specifically plaintiffs' trial lawyers, especially those of us who are paid usually by contingent fees. I will break down the different motivators that produce trial lawyers and how some of those end up representing others in discrimination and civil rights cases.

I believe there are many, many reasons people go to law school and what their satisfaction as a lawyer will be:

1. Daddy or mommy was a lawyer - if that's the only reason, not great prospects for long range career satisfaction.

2. Afraid to leave school - prognosis for satisfaction is same as 1 above.

3. Lawyers are rich (which is usually not true) - money can't make you happy forever.

4. Ego and prestige - trIal lawyers oftentimes are more egotistical. This may be enough to make some lawyers happy. It's a rather shallow existence, though.

5. Intellectual and creative stimulation - this might be enough for some.

6. The possibility of helping someone find his or her own power. This is the basis of satisfaction as a trial lawyer.

7. Realizing the potential, through trials and representing clients, of changing stereotypes and improving society. This is the most rewarding aspect of being a trial lawyer and can sustain the lawyer for many, many years.

So, what are the characteristics of a successful civil rights' plaintiff's lawyer (and by "success" I don't mean money)

A. The lawyer must know him or her self, be able to know what motivates him or her.

B. Empathy is a must. I won't explain all of the reasons here. Read the 3 Sisters book, Trial in Action or attend one of their seminars to improve your empathy and self-knowledge.

C. Learn to love your client, learn who he or she is. Know his or her wants and dreams.

D. Prepare for everything, but be spontaneous - spontaneity is only possible with preparation.

E. Empathize with jurors and even opposing parties.

F. Try your case from your heart. Sure you need to know the rules, but sincerity is what you
need to win.

G. Don't give up. Go to Plan B, appeal, keep at it, keep fighting.

If you follow this recipe, you can change the world, one case at a time.

Monday, January 17, 2011

The 3 Sisters - Trial in Action

I am so excited to be invited on the faculty of the next 3 Sisters trial seminar, Trial in Action, in New Orleans from February 17 - 20, 2011. If you don't know who the 3 Sisters are, they are three brilliant, talented and caring lawyers, whose practices span most facets of law, criminal, civil, family and even trial consulting. These inspirational women, Joane Garcia-Colson, Fredilyn Sison, and Mary Peckham, have devised an effective and inspiration seminar series to make lawyers more effective, fulfilled and powerful, not only in the practice of law, but also in life, by using the principles of psychodrama and story-telling. Not only have they devised this remarkable seminar series, they are the recent authors of a book by the same name as the seminar, Trial in Action, which is a hit.

I am so fortunate to know and be friends with these amazing lawyers from different backgrounds and walks of life. Mary has a successful firm in Denver, Fredi is a federal public defender and Joane is a trial lawyer and consultant. These women are so inspirational and their talent seems limitless. Knowing them has not only made me a better lawyer, but also a better person.

If you want to improve your trial skills, check them out. I can guarantee you, you will find so much more. The3sisters.org.

Sunday, January 2, 2011

The Importance of Whistleblowers

Watch 60 Minutes on CBS on January 2, 2011. It shows the pharmaceutical company Glaxo paying a $750,000,000 criminal fine for mixing mis-labeled drugs that could kill people. The Glaxo manager who blew the whistle was fired. Can we as a nation afford to endanger our citizens by protecting these companies? Please watch this episode and consider the consequences, Missouri Legislature, before you give a pass to corporations engaged in unlawful and dangerous conduct. Do we really want to put people at risk? I desperately hope not.

Friday, December 31, 2010

The End of 2010

Well, 2010 is almost over. We are ready for a new start. I decided to write a top ten list of things I would like to see in the upcoming year, or hopefully in the upcoming decade, at least:

1. It is unlawful in the state of Missouri to discriminate against people based on sexual orientation or preference;

2. It is unlawful in the state of Missouri to discriminate against employees over the age of 70 (yes, employers in Missouri can currently discriminate against people over 70);

3. The Missouri Legislature has the good sense to protect the rights of Missourians and reject the proposed amendments to Missouri human rights laws that benefit unscrupulous corporations;

4. The good citizens of Kansas City, Missouri refuse to re-elect Mark Funkhouser and elect someone who has the best interest of the city at heart;

5. The Kansas City Chiefs win the Super Bowl;

6. The Kansas City Royals get better, hopefully with a new owner, and stay in Kansas City;

7. We bring home our troops home from Afghanistan and Iraq;

8. We recognize the importance of education in this country and offer free public colleges to all;

9. We pay our teachers the same as we pay our doctors and lawyers and have the best teachers in the world for our children;

10. We treat each other with dignity and respect and love our fellow creatures on this earth.


5.

Sunday, November 7, 2010

Keeping Writing

It's hard to keep up with a blog when your daughter decides to get married in ten weeks! I need to work to be able to pay for this wedding, which takes time and energy away from blogging. I hope to be writing more frequently soon.

Wednesday, October 13, 2010

Partners

I am very fortunate.  I practice law with two of the best lawyers I know, and fortunately, they are my closest friends.  We are a partnership of three non-traditional lawyers.  Non-traditional because we are all trial lawyers and we are all also mothers and wives.  Few, if any, firms like ours existed when I was a child, at least not to my knowledge.  Our firm is coming heading toward our sixteenth anniversary.  

All of the lawyers in our firm work cooperatively.  We have little ego; what egotistical behavior there is is usual comes from me.  We all try cases, we all write briefs, we all argue before Courts of Appeals.  When one of us has a case going to trial, another of us pitches in as second-chair.  Sometimes, more often than not, the remaining lawyer takes the laboring oar on motions and jury instructions.  Today, we helped Kristi get ready for her Court of Appeals argument scheduled tomorrow.  Thankfully, this time our client is the respondent. 

When Marie and I started this firm, we did not know what to expect. I decided to leave my previous firm and go out on my own and called, Marie, my friend and law school classmate just to tell someone.  I was surprised with her response, "Can I join you?"   I did not know if we could make it.  We have.  Kristi joined us the following year, still in law school, recommended by my mother, who was Kristi's co-worker selling tickets for basketball and theatre events.  The three of us have survived ups and downs and have changed and grown.  Four of our kids have been through or are in college, two have been born, and now one is getting married.  We take care of each other, our clients, and our families.

We are also fortunate to have the finest staff in all of Kansas City.  They have been with us for many years.  I don't know where we would be without them, especially Ann who has been with me more than 25 years. 

Sometimes, it just feels good to think about who makes this firm possible so that we can represent the courageous people that we represent.





Sunday, September 12, 2010

Cancer and Existentialism

This weekend was a strange weekend for me. It has been about a year since what my son callS "Mom's Existential Crisis At the World War I Museum." This past Friday evening started with a multi- network television program targeting the curing of cancer. I started thinking about how cancer, and death, has affected so many people I care about

This past year, cancer has affected more people I know and care about, including clients, friends, and relatives, than any year I remember. Early this year the husband/ client of another client called me to tell me that my dear, brave client had succumbed to breast cancer. Even though it was more than fifteen years before that I had represented the pair of scientists, I still heard from them even though they had left the area. The wife would tell me about her breast cancer research and I admired her determination. Ironically, it was breast cancer that was her doom. I did not expect her to die. I still grieve when I think of her and how well she treated my then eight year old daughter. They fussed over my little girl ( who is now 25) and my daughter basked in their attention. My client was devoted to her research and boundvand determinedvto find inroads into breast cancer's cure. In the end, it was not she who defeated the cancer, but the cancer that smote this brilliant, delicate woman.

My own husband's physician discovered atypical moles on his face and chest, which turned out to be skin cancer, but fortunately not melanoma. His cancer was simply cut away and he is fine, with recurring dermatologist visits and my daughter insistence that he endure another colonoscopy. However, other friends are not so fortunate. I have written about my brave clients, a married couple, who both suffer serious life- threatening cancer. They continue to inspire and awe me with their courage and commitment to each other. I learned one of my colleagues locally recently discovered she has breast cancer and she will be undergoing chemotherapy for six months while her partners who love her cover her cases.

One of my lawyer friends in another city whom I have known for many years recently discovered he, too, has a serious form of cancer. He is undergoing treatment in a well-renown hospital. I sent him an email. I was heartened by his upbeat response and his gratefulness to his
Wife and partner. All of these friends and clients exhibit courage in the face of death
This weekend i watched all episodes so far of the Showtime series "The Big C," about a woman with stage 4 melanoma who cannot face telling her family that she is dying. Couple these shows with the HBO Special Movie on Dr. Kevorkian and end of life issues keep invading my consciousness.

This leads me to my own "existential crisis" at the World War I museum last year. On the walls of this museum are statistics of how many soldiers were killed fighting this war over nationalism. My ancestors fought for the Central powers, since my relatives were, at that time in either Germany or Poland. My grandfather received an Iron Cross that I gave to my son. It's hard to get into the "justice" of the war when my ancestors fought on the losing side. It became clear to me that one purpose of war is to "cull the herds" of humans, since we really have no predators except ourselves.

I stood in the hall of the museum and thought, "What is the purpose of all of this? What is the purpose of life? We all are born and we die. How are we diffent from insects?
Life seemed so meaningless. As you may suspect, I am not particularly religious.

Within the next few weeks, I read some of Eckhart Tolle's book about living in the moment. I ready "The Art of Happiness" by his Holiness the Dalai Lama. These books reaffirmed my faith in the goodness of people and the importance of trying to lead a giving life. However, it was not until I learned of these friends and clients stricken by cancer and saw the good they continued to do for themselves, their families, and for society that I was convinced that life can have meaning, that we can make a difference. I feel sadness when I think these special, courageous people are suffering, but I have learned so much about human dignity and the sanctity of human life.

I only hope that when my times comes, and it could at any time, that I can muster the courage that I have seen in these fine, wonderful people. I thank each and every one of you and pray for the best.

Thursday, August 26, 2010

Joke Issue

I decided to write a new post, because, quite frankly, my last two entries have been depressing me. My daughter is much better. She discontinued a medication she was on and she is feeling much better. Thank goodness.

Practicing law is serious business. In discrimination cases, emotions run high. Sometimes, you just need a break. I have one client who sends me humorous accounts of very serious matters, and I really appreciate his emails. Sometimes it becomes necessary, for spiritual, physical and psychological reasons, to laugh. I love to laugh. I love people who make me laugh. I love situations that make me laugh. I love movies that make me laugh out loud, embarrassing timid souls who are shocked by my guffaws in movie theaters (spoiler alert) for example - The Other Guys when Samuel L. Jackson and The Rock jump off the building.

So, I am going to share one of my favorite jokes, probably first told to me by John Nolte:

"When I die, I want to die peacefully in my sleep, the way my grandfather died. I do not want to die screaming and in pain like his passengers."

If you are reading this and are so inclined, please share your favorite joke. I love puns. I would prefer no potty humor or raunchy jokes. Please, make me laugh.

Tuesday, August 17, 2010

Life

I sit here, in the emergency room going in the fifth hour of our wait, still not back in an examination room, waiting for my daughter to be seen. It's our thirty-sixth wedding anniversary. Emergency rooms are not new to us, but it's been over a year since we have been here for her devastating migraine pain. This is not a migraine, though. She has worked hard and got those mainly under control, with the help of the incredible neurologist who works at this hospital. This time she is here because of intensifying abdominal pain and nausea. She has already been to her internist, who told her to come to the emergency room. Hopefully, we will learn the source of this problem sooner rather than later and she can move forward on her plans, and begin to accomplish those dreams. She and here boyfriend want to marry and move to Florida. She wants to become a psychiatric nurse, or an ER nurse, I am sure not in small part because of her frequent visits these past two years to the emergency room. Or she may become a therapist using dogs and other pets for therapy. She loves her dogs. She has two degrees, one in political science and one in psychology, but ever since she was plagued by the constant debilitating migraine pain, her life has been on hold. When I was her age, I had completed my bachelor's degree, had been married four years, and was pregnant with our son. Her life is on hold, for now. I hope just for now. She has so many dreams and it hurts me to watch the pain stop her.

I know my daughter has headache pain almost constantly. I am amazed at how she has found the courage to move on, in the face of the pain. I can tell when she has a headache just by looking in her eyes. I no longer ask, though, because she doesn't want to talk about it, that just makes her think about it. She moves through the pain and plans for the future. In many ways, she is my hero. I have never told her this. Maybe I will tell her tonight.

Life is not always fair. I feel good being at this hospital because they have helped my daughter so much and a former client of mine, a truly wonderful woman, is the triage nurse here. Seeing this nurse calms me.

This hospital reminds me of another client. He is probably the bravest man I have ever met. He comes to this hospital for treatment. He has a terminal brain tumor. His equally brave
wife is also a patient of this hospital. Once the matter I represented her husband regarding was resolved and they planned to lead the best life possible, she was diagnosed with a rare and serious form of cancer. She has been treated here, but her treatment has not been so successful. The last time I saw the two of them, they were holding hands as they walked toward me. They have been blessed with a wonderful marriage and the kind of love about which movies are made. I pray that they have many years left together. I know they are making the best of what they have.

We are finally back in an examination room. I pray my daughter gets some relief. This was not the way my husband and I envisioned spending our 36th wedding anniversary. At least we are here together, with our daughter.

Tuesday, August 3, 2010

Why I Left the Trial Lawyers' College

Why I Left TLC

   I envisioned starting this piece with a line from  Mark Antony's famous speech in Shakespeare's Julius Caesar, "I come to praise TLC, not to bury it."  In reality, Antony not only buried Brutus, but rallied the citizens to rebel against him.  My purpose is not to persuade, but just to explain why I left.   There probably are not that many people who know that I resigned from the Trial Lawyer College staff and fewer who know why I did so.

   Why am I writing this now?  I can think of two reasons.  The summer session of TLC just ended and I read about it on facebook. Quite frankly, I miss the beauty and inspiration of the ranch and I miss my friends.  The last few nights I have been having unpleasant dreams about my departure from TLC. I even dreamed that I was begging to return. That is something that in reality I have no desire to do.  However, my leaving TLC at times is very painful.

    I participated in TLC from the first class in 1994.  TLC blew me away.  Especially the psychodrama.  I came to the ranch in more pain than I could admit to myself. Through psychodrama, through the years, not only did I work through my pain, but I began to really understand who I am. The more I knew and loved myself, the better I knew and loved my clients. I became a better person and a better lawyer.  I credit John Nolte, one of the  psychodramatists at the ranch, for giving me the courage to explore me and who I was and how I got there.  Becoming a better lawyer was incidental to my personal growth. However, I grew as a lawyer exponentially through my struggles as a human.  I will be forever grateful to the Trial Lawyers College for starting me on this path.

   Through this self-realization and self-actualization, i increasingly found that my views on what was right for me and my clients differed sometimes from what I was teaching and witnessed being taught at TLC. Trial lawyers oftentimes have big egos.  Winning is important, but many times I wondered if we talked about winning for us as opposed to winning for our clients.  The more I grew, the more I knew that the true satisfaction in being a trial lawyer comes from serving our clients who desperately need our voices. Being a trial lawyer, for me, must be about my clients.  It feels hollow and empty to talk about win/loss records instead of how our clients are fulfilled or our quest to even the playing field.  I became clear about why I practice law and what I want to accomplish.  I trust myself in court. That does not mean I am invincible, just that I know who I am and what I want to accomplish. The most important evolution for me is not only understanding, I mean truly understanding my clients. I have come to love most of my clients.  Practicing law this way is not only effective, but also fulfilling.

  Now back to the Trial Lawyers College.  Through the years, as is common in institutions, discord and dissent start to erode the foundation on which the institute is built.  Obviously, TLC remains a very effective and innovative way to help trial lawyers and their clients. But, it appeared to me that the role of psychodrama was going to change.  When John Nolte was forced off the board and ultimately left TLC, that was probably the turning point for me.  When I heard that the concentration was going to be on what I thought looked like a "trick"- finding the "betrayal" in the story, I was dismayed. It sounded to me as much a device as first-person opening statements for every trial.  It began to sound phony.

   I won't lie and say that the decision to eliminate the board liaison was not a blow to me personally.  However, in the long run, that decision made sense. What did not make sense to me was excluding one of the most innovative teachers from staff, Fredilyn Sison, for reasons I don't understand. I just could not stomach such hurtful conduct to such a sweet, caring soul.

   Finally, I am going to verbalize one of the features of TLC that always bothered me.  It was not until Fredi's exclusion that I gathered the courage to leave. TLC is a very sexist place, or at least it was. I have high regard for Anne Valentine and Cyndy Short. I hope, with their oversight, women will fare better. I finally decided that at age 57, after 27 years as a lawyer, I did not have to smile and let the men take over. I have had my own firm for many years and i got tired of feeling like the testosterone was impenetrable.

    Don't get me wrong. TLC can be and often is a magical place.  I learned so much from my experiences there, and I love so many of the people still associated with TLC.  I would recommend TLC unhesitatingly to young lawyers.  But, I am proud of myself for recognizing when it was time for me to move on.