I have not posted on my blog nor checked the traffic in the past couple of weeks because I was getting ready for trial. I have been in trial for a week and am continuing into next week. I was shocked to see how my blog interest has increased in the past few weeks. If it is jurors, which I am sure it is not because they are following the court's order to refrain from Internet research, please follow the court's order. If it is opposing counsel or the opposing parties, I hope you have found what you were interested in finding. If it's just the general public, I hope you enjoy.
I will be back posting more regularly when this trial is finished. Tune (or log) in then.
Sunday, June 12, 2011
Monday, May 23, 2011
The Morass
What compels humans to harass and ridicule others? Are bullies made, or are they born? Why are people so angry?
When I started to write this piece, just a few days ago, I intended to write the answers to these questions. I planned on regaling tales of insecure bullies, beaten down men and women who foisted their aggression on unsuspecting sweet souls. I hoped to write stories of the triumph of courageous victims of unjust discrimination over their misguided oppressors. But sitting here now in Starbucks writing this while I wait for my daughter to finish her shift, I just don't feel it.
What makes people act mean? Why was Hitler so evil? What drove the Hutus to annihilate the Tutsis? What causes inhumanity, injustice, indecency? Why are humans so flawed?
I don't know and it seems like too much effort right now to think about.
When I started to write this piece, just a few days ago, I intended to write the answers to these questions. I planned on regaling tales of insecure bullies, beaten down men and women who foisted their aggression on unsuspecting sweet souls. I hoped to write stories of the triumph of courageous victims of unjust discrimination over their misguided oppressors. But sitting here now in Starbucks writing this while I wait for my daughter to finish her shift, I just don't feel it.
What makes people act mean? Why was Hitler so evil? What drove the Hutus to annihilate the Tutsis? What causes inhumanity, injustice, indecency? Why are humans so flawed?
I don't know and it seems like too much effort right now to think about.
Saturday, May 21, 2011
What should I write?
I have considered various topics about which to write:
1. How human nature, bullying because of insecurity and self-loathing, create sexual harassment, racial harassment and other forms of civil rights claims.
2. How the legal profession, our legal system, and society would benefit from considering and practicing compassion.
3. What makes trial lawyers tick?
4. Examples of how litigants have helped encourage civil rights in society.
Got any other ideas? Let me know.
1. How human nature, bullying because of insecurity and self-loathing, create sexual harassment, racial harassment and other forms of civil rights claims.
2. How the legal profession, our legal system, and society would benefit from considering and practicing compassion.
3. What makes trial lawyers tick?
4. Examples of how litigants have helped encourage civil rights in society.
Got any other ideas? Let me know.
Friday, May 6, 2011
Do We Really Want to Privatize the Justice System?: Ethical and Constitutional Problems With Arbitration
In more and more cases I see employers requiring prospective employees to sign an agreement to arbitrate employment disputes, including discrimination cases. This is problematic on several fronts. There inherent conflict of interest issues for arbitrators, no matter how fair and just they may be.
Arbitrators are paid by one or both parties, unlike judges and juries who are paid by taxpayers. If AAA rules are followed, the arbitrator is mainly paid by an employer. And the money an arbitrator is paid is not insignificant. The arbitrator's pay is dependent on repeat business or word of mouth. Some law firms, usually representing large employers, use the same pool of arbitrators. Lawyers use who they know and trust as arbitrators and mediators. If the result of the arbitration is not to one lawyer's liking, he or she will not use the arbitrator again. I know of a partner in one large law firm who declared he would not use the arbitrator in the future in a case where our client was fired from a big employer and our client won the arbitration. That situation potentially cuts into the income of the arbitrator. And arbitrators can rarely keep both sides happy. Regardless of how ethical and moral a person is, it is hard to ignore that increased income comes from increased business, and that usually means repeat business. Large businesses and large firms are at an inherent
advantage in arbitration for that reason.
Plus, it seems that Courts increasingly ignore the Seventh Amendment to the United States Constitution which guarantees a jury trial to those in civil cases. The Seventh Amendment is ignored all of the time in federal court, in summary judgment decisions, in decisions on remittitur and in arbitration enforcement against people who usually don't even realize that they have entered into an arbitration agreement and the implications of that agreement. There is a reason the founding fathers believed so strongly in disputes being resolved by trial by a jury of ones peers. The Seventh Amendment is part of the Bill Of Rights, yet it is so frequently ignored or disregarded. We hear a lot of discussion about the Second Amendment's right to bear arms, yet no discussion regarding the fundamental American right tova jury trial in a civil case.
A poor African-American employee who has been harassed or fired because of his or her race may be at the mercy of a lawyer/arbitrator repeatedly hired by the company that fired him. That was not the intent of founding fathers who guaranteed those with civil claims the right to a trial by a jury of one's peers. I hope that the big business of arbitration is substituted by the Bill Of Rights during my career. This trend toward arbitration is frightening.
Arbitrators are paid by one or both parties, unlike judges and juries who are paid by taxpayers. If AAA rules are followed, the arbitrator is mainly paid by an employer. And the money an arbitrator is paid is not insignificant. The arbitrator's pay is dependent on repeat business or word of mouth. Some law firms, usually representing large employers, use the same pool of arbitrators. Lawyers use who they know and trust as arbitrators and mediators. If the result of the arbitration is not to one lawyer's liking, he or she will not use the arbitrator again. I know of a partner in one large law firm who declared he would not use the arbitrator in the future in a case where our client was fired from a big employer and our client won the arbitration. That situation potentially cuts into the income of the arbitrator. And arbitrators can rarely keep both sides happy. Regardless of how ethical and moral a person is, it is hard to ignore that increased income comes from increased business, and that usually means repeat business. Large businesses and large firms are at an inherent
advantage in arbitration for that reason.
Plus, it seems that Courts increasingly ignore the Seventh Amendment to the United States Constitution which guarantees a jury trial to those in civil cases. The Seventh Amendment is ignored all of the time in federal court, in summary judgment decisions, in decisions on remittitur and in arbitration enforcement against people who usually don't even realize that they have entered into an arbitration agreement and the implications of that agreement. There is a reason the founding fathers believed so strongly in disputes being resolved by trial by a jury of ones peers. The Seventh Amendment is part of the Bill Of Rights, yet it is so frequently ignored or disregarded. We hear a lot of discussion about the Second Amendment's right to bear arms, yet no discussion regarding the fundamental American right tova jury trial in a civil case.
A poor African-American employee who has been harassed or fired because of his or her race may be at the mercy of a lawyer/arbitrator repeatedly hired by the company that fired him. That was not the intent of founding fathers who guaranteed those with civil claims the right to a trial by a jury of one's peers. I hope that the big business of arbitration is substituted by the Bill Of Rights during my career. This trend toward arbitration is frightening.
Friday, April 29, 2011
Proud to Be A Missourian: Gov. Nixon's Speech on SB 188
Today, Governor Nixon brought tears to my ideas, as he vetoed SB 188. Here is his speech:
April 29, 2011
Gov. Nixon vetoes Senate Bill 188
Good afternoon. Thank you all for being here at this historic old courthouse, at this historic moment for Missouri.
It’s good to look out and see an audience that reflects the true diversity of our state.
We stand on hallowed ground, in the footsteps of Dred Scott, whose unsuccessful pursuit of freedom began here in 1846. Eleven long years later, after many trips to the courthouse, the decision of the highest court in the land, denying him his freedom, became a clarion call to end slavery.
As history teaches us, the path of justice is a rough and winding road. Abolition. Emancipation. Reformation. All three took root and blossomed forth from the bitter soil of partisanship and prejudice.
Today, much progress has been made in courthouses across this land, in the pursuit of civil rights and justice for all people. But much remains to be done.
A broad coalition of people of good will and good faith has gathered here today as we continue on our journey.
You are the people who have marched, and sacrificed and stood up for the mistreated… the forgotten… the forsaken … and made progress.
You are the people who fought to throw open doorways and tear down barriers so that people with disabilities could live full and independent lives.
How I wish that Max Starkloff and Jim Tuscher, two giants in the fight for disability rights, were still with us. They accomplished so much in their lifetimes:
Access to sidewalks, buildings and public transportation;
Access to housing;
Access to education and communication.
We fight on today, so thousands more people with disabilities can take the “next big step” … into the workplace, where their skills and talents can shine.
You are the people who changed public opinion and private dreams, so that little girls could reach the same goals as little boys, and become surgeons and fighter pilots, supreme court judges and CEOs.
We fight on today, in the spirit of Sue Shear and Harriet Woods, to shatter glass ceilings.
You are the people who fought for equality in education, housing and hiring, inspired by champions of social justice like Minnie Liddell, Norman Seay and Frankie Freeman.
We fight on today for economic justice for all.
We stand together today, to defend the principles that will forever guide the conscience of our state and our nation: that all people have certain unalienable rights…and that all people are entitled to equal protection under the law.
These principles are at the core of the Missouri Human Rights Act, which has come under attack.
On paper, the Missouri Human Rights Act says that it is unlawful to discriminate based on race, color, religion, national origin, sex, ancestry, age, or disability.
But it is more than words on paper.
It is a living covenant … and a call to action.
It calls us to treat all people with dignity and respect.
It calls us to root out discrimination wherever it festers in our state.
It calls us to stand up and speak out, so that whenever the powerful victimize the powerless, justice will surely follow.
It calls us to defend those who have suffered the humiliation and reversals of discrimination, so that they might find redress in our courts of law.
We must answer the call.
That is why -- today -- I intend to veto Senate Bill 188.
Senate Bill 188 would undermine key provisions of the Missouri Human Rights Act, rolling back decades of progress in protecting civil rights.
The bill would make it harder to prove discrimination in the workplace, and would throw new hurdles in the path of those whose rights have been violated.
That is unacceptable.
It is not who we are.
And it stops here.
Missouri is a state that welcomes all people, and believes that everyone should be treated with dignity and respect.
That means we have an obligation to put a stop to discrimination and dismantle barriers of prejudice wherever they exist -- in the workplace, in housing or in the public square.
It is no wonder, then, that this bill has drawn fire from this broad coalition of people here today, including:
the Anti-Defamation League;
the American Cancer Society;
the AARP;
the NAACP;
Paraquad;
the AFL-CIO;
the League of Women Voters;
the legislative Black Caucus;
the Missouri Association for the Deaf;
PROMO;
the National Alliance on Mental Illness;
Missouri Centers for Independent Living;
Missouri NOW;
the Urban League;
Missouri Association for Social Welfare;
the Whole Person;
our communities of faith;
and many, many more.
Each of us may see the face of discrimination from a different vantage point. But its ugliness is unmistakable in any light…from any angle.
Making it easier to discriminate against people with disabilities or cancer, against women, older workers and minorities, against those of different faiths and ethnicities, will not help us create jobs or be more competitive in a global economy.
The stakes – and the opportunities - have never been greater.
Because we live in a world where the boundaries of time, distance and culture are collapsing at the touch of a finger. Technology allows us to bear witness to the triumphs and tragedies of the human condition - from tsunamis to revolutions - in real time.
We will create new opportunities, and solve mankind’s most pressing problems, as allies.
And true allies are those who can see beyond the surface of what makes people different, to reveal the substance of what makes people the same.
The more we learn to understand and respect one another, the more practiced we become at treating everyone with compassion and dignity, the better citizens of the world we will become.
To thrive in a global economy and uphold these values that we share, Missouri must be a state that continues to move forward – not backward - when it comes to civil rights and equal opportunity.
For decades, the Missouri Human Rights Act has proved its strength - as both sword and shield - protecting the rights of people like Natalie and Tim.
Natalie had worked for her employer for six years when she was told there was a cutback. Her job had been eliminated. She had been given good job evaluations, raises and bonuses. She was in her 50s, with a child still in college. Her employer told her it had nothing to do with her performance – just economics.
But shortly after letting her go, her employer replaced her with a 24-year-old worker with less experience and fewer qualifications. She sued her employer under the Missouri Human Rights Act, and the case was successfully resolved.
Tim is a man who is developmentally disabled. For nearly 18 years he held the same job: washing dishes at a hotel. Tim lived with his mom, a busy registered nurse. His earnings helped keep their household afloat, and paid for his medical care.
He was named employee of the month twice, got regular pay raises for good performance, and was never disciplined for poor work.
But that all changed when he got a new boss. The new boss started writing Tim up for things Tim didn’t understand… and couldn’t read. Eventually, Tim was fired.
So Tim and his mom, who now had to work two jobs, appealed to the court that Tim had been discriminated against because of his disability. The new boss tried to get the lawsuit dismissed. But under the Missouri Human Rights Act, Tim was protected from unfair treatment.
Protecting human rights is not a matter of politics.
It is a matter of principle.
That is why today I am vetoing Senate Bill 188.
With just ten days left in this legislative session, there are those who will be putting all their energy and effort into overturning my action.
We must lock arms and go forward from this place to block those efforts. This is the time to make your voices heard in the halls of the Capitol.
We must work together to impress upon all Missourians, the importance of protecting human rights and human dignity.
We will not cede one inch of ground it has taken decades to gain.
Because in that time, we have come to see that the civil rights of all, are inextricably bound to the rights of the few.
The path of justice is a rough and winding road.
Our journey is not over.
We will not turn back now.
We will not rest while racial slurs poison the workplace.
We will not rest while faith is the target of bigotry.
We will not rest while people with disabilities are exploited and excluded.
We will go forward – together - to accomplish the unfinished work of our state and our nation.
Related to this page
Press release: Gov. Nixon vetoes Senate Bill 188
April 29, 2011
Gov. Nixon vetoes Senate Bill 188
Good afternoon. Thank you all for being here at this historic old courthouse, at this historic moment for Missouri.
It’s good to look out and see an audience that reflects the true diversity of our state.
We stand on hallowed ground, in the footsteps of Dred Scott, whose unsuccessful pursuit of freedom began here in 1846. Eleven long years later, after many trips to the courthouse, the decision of the highest court in the land, denying him his freedom, became a clarion call to end slavery.
As history teaches us, the path of justice is a rough and winding road. Abolition. Emancipation. Reformation. All three took root and blossomed forth from the bitter soil of partisanship and prejudice.
Today, much progress has been made in courthouses across this land, in the pursuit of civil rights and justice for all people. But much remains to be done.
A broad coalition of people of good will and good faith has gathered here today as we continue on our journey.
You are the people who have marched, and sacrificed and stood up for the mistreated… the forgotten… the forsaken … and made progress.
You are the people who fought to throw open doorways and tear down barriers so that people with disabilities could live full and independent lives.
How I wish that Max Starkloff and Jim Tuscher, two giants in the fight for disability rights, were still with us. They accomplished so much in their lifetimes:
Access to sidewalks, buildings and public transportation;
Access to housing;
Access to education and communication.
We fight on today, so thousands more people with disabilities can take the “next big step” … into the workplace, where their skills and talents can shine.
You are the people who changed public opinion and private dreams, so that little girls could reach the same goals as little boys, and become surgeons and fighter pilots, supreme court judges and CEOs.
We fight on today, in the spirit of Sue Shear and Harriet Woods, to shatter glass ceilings.
You are the people who fought for equality in education, housing and hiring, inspired by champions of social justice like Minnie Liddell, Norman Seay and Frankie Freeman.
We fight on today for economic justice for all.
We stand together today, to defend the principles that will forever guide the conscience of our state and our nation: that all people have certain unalienable rights…and that all people are entitled to equal protection under the law.
These principles are at the core of the Missouri Human Rights Act, which has come under attack.
On paper, the Missouri Human Rights Act says that it is unlawful to discriminate based on race, color, religion, national origin, sex, ancestry, age, or disability.
But it is more than words on paper.
It is a living covenant … and a call to action.
It calls us to treat all people with dignity and respect.
It calls us to root out discrimination wherever it festers in our state.
It calls us to stand up and speak out, so that whenever the powerful victimize the powerless, justice will surely follow.
It calls us to defend those who have suffered the humiliation and reversals of discrimination, so that they might find redress in our courts of law.
We must answer the call.
That is why -- today -- I intend to veto Senate Bill 188.
Senate Bill 188 would undermine key provisions of the Missouri Human Rights Act, rolling back decades of progress in protecting civil rights.
The bill would make it harder to prove discrimination in the workplace, and would throw new hurdles in the path of those whose rights have been violated.
That is unacceptable.
It is not who we are.
And it stops here.
Missouri is a state that welcomes all people, and believes that everyone should be treated with dignity and respect.
That means we have an obligation to put a stop to discrimination and dismantle barriers of prejudice wherever they exist -- in the workplace, in housing or in the public square.
It is no wonder, then, that this bill has drawn fire from this broad coalition of people here today, including:
the Anti-Defamation League;
the American Cancer Society;
the AARP;
the NAACP;
Paraquad;
the AFL-CIO;
the League of Women Voters;
the legislative Black Caucus;
the Missouri Association for the Deaf;
PROMO;
the National Alliance on Mental Illness;
Missouri Centers for Independent Living;
Missouri NOW;
the Urban League;
Missouri Association for Social Welfare;
the Whole Person;
our communities of faith;
and many, many more.
Each of us may see the face of discrimination from a different vantage point. But its ugliness is unmistakable in any light…from any angle.
Making it easier to discriminate against people with disabilities or cancer, against women, older workers and minorities, against those of different faiths and ethnicities, will not help us create jobs or be more competitive in a global economy.
The stakes – and the opportunities - have never been greater.
Because we live in a world where the boundaries of time, distance and culture are collapsing at the touch of a finger. Technology allows us to bear witness to the triumphs and tragedies of the human condition - from tsunamis to revolutions - in real time.
We will create new opportunities, and solve mankind’s most pressing problems, as allies.
And true allies are those who can see beyond the surface of what makes people different, to reveal the substance of what makes people the same.
The more we learn to understand and respect one another, the more practiced we become at treating everyone with compassion and dignity, the better citizens of the world we will become.
To thrive in a global economy and uphold these values that we share, Missouri must be a state that continues to move forward – not backward - when it comes to civil rights and equal opportunity.
For decades, the Missouri Human Rights Act has proved its strength - as both sword and shield - protecting the rights of people like Natalie and Tim.
Natalie had worked for her employer for six years when she was told there was a cutback. Her job had been eliminated. She had been given good job evaluations, raises and bonuses. She was in her 50s, with a child still in college. Her employer told her it had nothing to do with her performance – just economics.
But shortly after letting her go, her employer replaced her with a 24-year-old worker with less experience and fewer qualifications. She sued her employer under the Missouri Human Rights Act, and the case was successfully resolved.
Tim is a man who is developmentally disabled. For nearly 18 years he held the same job: washing dishes at a hotel. Tim lived with his mom, a busy registered nurse. His earnings helped keep their household afloat, and paid for his medical care.
He was named employee of the month twice, got regular pay raises for good performance, and was never disciplined for poor work.
But that all changed when he got a new boss. The new boss started writing Tim up for things Tim didn’t understand… and couldn’t read. Eventually, Tim was fired.
So Tim and his mom, who now had to work two jobs, appealed to the court that Tim had been discriminated against because of his disability. The new boss tried to get the lawsuit dismissed. But under the Missouri Human Rights Act, Tim was protected from unfair treatment.
Protecting human rights is not a matter of politics.
It is a matter of principle.
That is why today I am vetoing Senate Bill 188.
With just ten days left in this legislative session, there are those who will be putting all their energy and effort into overturning my action.
We must lock arms and go forward from this place to block those efforts. This is the time to make your voices heard in the halls of the Capitol.
We must work together to impress upon all Missourians, the importance of protecting human rights and human dignity.
We will not cede one inch of ground it has taken decades to gain.
Because in that time, we have come to see that the civil rights of all, are inextricably bound to the rights of the few.
The path of justice is a rough and winding road.
Our journey is not over.
We will not turn back now.
We will not rest while racial slurs poison the workplace.
We will not rest while faith is the target of bigotry.
We will not rest while people with disabilities are exploited and excluded.
We will go forward – together - to accomplish the unfinished work of our state and our nation.
Related to this page
Press release: Gov. Nixon vetoes Senate Bill 188
Sunday, April 24, 2011
Faith, Flaws, and Gandhi
Easter is a very interesting holiday for me, a non-Christian. Easter is the most holy day in the Christian religion, celebrating the resurrection of Jesus, probably the most noble human in history. My son calls Jesus the first hippy, for his teachings including his directive to "turn the other cheek." the religion of my youth called for "an eye for an eye." Jesus helped the poor and the forgotten. He was a peaceful rebel who gave his life for the greater good.
I much prefer the way Americans celebrate Easter over the Christmas is observed. For Easter, Christians traditionally go to church and honor Jesus. Christmas is much more commercial and has become a retail extravaganza where every American, whether Christian or not, is expected to "celebrate" by buying things. Everyone takes a holiday from work or school on Christmas, regardless of his or her beliefs. Easter is on Sunday, a traditional non-working day, and believers go to church.
I am Jewish by birth, and I believe that Jesus' teachings are profound. I do not believe that Jesus was the Messiah nor that we will ever have a real Messiah. Jesus is a hero to me. If we all adhered to his teachings, the world would be a much better place, where humans cared and took care of each other without judgment and without the motivation of greed or power.
But, the world is filled with the greedy and the power-hungry. We humans are profoundly flawed. Sometimes, I am profoundly disheartened by how flawed we all are and how hard it is for those without power to be treated fairly. And I think the root of my disillusion stems from my realization of how flawed I am, how, at times, I am motivated by greed, or power, or
fame.
Jesus appears to have been perfect, with no flaws. I don't know if he really was, but that's how the story goes. Who would not state that Jesus, as portrayed through history and the Bible, is not a hero to be admired and emulated. I admire other heroes, including Mohandas Gandhi, Martin Luther King, Jr., Nelson Mandela and my grandmother. I know that humans are flawed, but I look to the traits I admire in these people and ignore the rest.
Today I researched Gandhi, probably the person whom I revere the most. I really have not read much about Gandhi, outside of his quotes that resonate with me. Gandhi's quote which most resonates with my law practice is "First they ignore you, then they laugh at you, then they fight you, then you win." He was the pioneer of non-violent dissent, mobilizing a nation to wrest British control of India. I saw the two-part movie with Ben Kingsley as Gandhi. He fasted for causes, he said profound things, he was not afraid to die and he changed a nation.
So, today, for the first time, I decided to research Gandhi's life on the Internet. It was just a passing curiosity during an idle time today and I was not prepared for what I found. Gandhi, to my naive chagrin, was not the perfect soul I had imagined. When he was a young lawyer in South Africa fighting for the civil rights of his fellow Indian expatriates, he wrote extensively about the "inferiority" of the native Africans. I knew, from the movie, that Gandhi forsook sexual pleasures as a way to strengthen his moral strength. What I did not know was that Gandhi, apparently to cure his sexual cravings, slept naked with young girls. Ths discovery caused one of his stenographers to resign from Gandhi's service in disgust. Gandhi believed that Jews in Hitler's world should have non-violently rushed to the gas chambers and refused to leave Germany in protest to the Nazis. If my grandmother had donr that, I would not ever have existed. Gandhi was not perfect.
I know I am profoundly flawed, but I irrationally thought Gandhi was perfect. I have accepted that Martin Luther King, Nelson Mandela and my grandmother Oma were human. I accepted that Gerry Spence, whom I had admired for years, is flawed. I had not, however, ever even considered that Gandhi was less than perfect. In a way, Gandhi represented my Jesus.
I must resign myself to the knowledge that we are all flawed and I know my goal should be to accept people with all of their flaws. There is no daddy figure out there who can solve all of the world's problems.
I much prefer the way Americans celebrate Easter over the Christmas is observed. For Easter, Christians traditionally go to church and honor Jesus. Christmas is much more commercial and has become a retail extravaganza where every American, whether Christian or not, is expected to "celebrate" by buying things. Everyone takes a holiday from work or school on Christmas, regardless of his or her beliefs. Easter is on Sunday, a traditional non-working day, and believers go to church.
I am Jewish by birth, and I believe that Jesus' teachings are profound. I do not believe that Jesus was the Messiah nor that we will ever have a real Messiah. Jesus is a hero to me. If we all adhered to his teachings, the world would be a much better place, where humans cared and took care of each other without judgment and without the motivation of greed or power.
But, the world is filled with the greedy and the power-hungry. We humans are profoundly flawed. Sometimes, I am profoundly disheartened by how flawed we all are and how hard it is for those without power to be treated fairly. And I think the root of my disillusion stems from my realization of how flawed I am, how, at times, I am motivated by greed, or power, or
fame.
Jesus appears to have been perfect, with no flaws. I don't know if he really was, but that's how the story goes. Who would not state that Jesus, as portrayed through history and the Bible, is not a hero to be admired and emulated. I admire other heroes, including Mohandas Gandhi, Martin Luther King, Jr., Nelson Mandela and my grandmother. I know that humans are flawed, but I look to the traits I admire in these people and ignore the rest.
Today I researched Gandhi, probably the person whom I revere the most. I really have not read much about Gandhi, outside of his quotes that resonate with me. Gandhi's quote which most resonates with my law practice is "First they ignore you, then they laugh at you, then they fight you, then you win." He was the pioneer of non-violent dissent, mobilizing a nation to wrest British control of India. I saw the two-part movie with Ben Kingsley as Gandhi. He fasted for causes, he said profound things, he was not afraid to die and he changed a nation.
So, today, for the first time, I decided to research Gandhi's life on the Internet. It was just a passing curiosity during an idle time today and I was not prepared for what I found. Gandhi, to my naive chagrin, was not the perfect soul I had imagined. When he was a young lawyer in South Africa fighting for the civil rights of his fellow Indian expatriates, he wrote extensively about the "inferiority" of the native Africans. I knew, from the movie, that Gandhi forsook sexual pleasures as a way to strengthen his moral strength. What I did not know was that Gandhi, apparently to cure his sexual cravings, slept naked with young girls. Ths discovery caused one of his stenographers to resign from Gandhi's service in disgust. Gandhi believed that Jews in Hitler's world should have non-violently rushed to the gas chambers and refused to leave Germany in protest to the Nazis. If my grandmother had donr that, I would not ever have existed. Gandhi was not perfect.
I know I am profoundly flawed, but I irrationally thought Gandhi was perfect. I have accepted that Martin Luther King, Nelson Mandela and my grandmother Oma were human. I accepted that Gerry Spence, whom I had admired for years, is flawed. I had not, however, ever even considered that Gandhi was less than perfect. In a way, Gandhi represented my Jesus.
I must resign myself to the knowledge that we are all flawed and I know my goal should be to accept people with all of their flaws. There is no daddy figure out there who can solve all of the world's problems.
Monday, April 18, 2011
Feel Like a Cat on a Hot Tin Roof (Thank You Tennessee Williams)
It is hard sometimes to have a job where you have little idea of what the future will hold. I don't know how my client's cases are going to turn out. My goal is to provide comfort and closure, hopefully with a sense of satisfaction and purpose. I want my clients to look back at their case and feel that going through the process was worthwhile. I hope they get justice.
When I started as a lawyer, I was idealistic and thought that most people get justice in the end. I am not so sure of at now. I hope that most people get justice, but I feel increasing pressure to fight injustice. Sometimes, when I hear about or encounter greed, bigotry or pride, it seems as though the battles become interminable and insurmountable. I fight, figuratively, all the time. I wonder if I am up to the task against lawyers and corporations with unlimited resources and I grow weary.
Plus, I usually cannot predict the outcome of a case. I do not know how a trial will pan out, under he best of circumstances. I take contingent fee cases, since my clients are not big corporations and cannot afford to pay hourly billing. In some ways, I am a professional gambler, providing little income assurance to my family and dependents.
Sometimes, I question why I have chosen such a hard job. But, deep down I know why. Our cases can, and oftentimes do, make a difference. At the very least, we may be able to bring back the happy smiles our clients freely gave before the mistreatment. We can bring back our client's faith in the justice system and restore their hopes. Sometimes we make an even greater difference, like helping to bring down an arrogant and ineffective mayor. Sometimes the job is glorious, with adrenalin highs and sound sleep. More often, I am fearful of what might happen if I miss some fact, misread some juror, or simply do not successfully related to my client and the jurors. And then there is e frustration of the length of fighting these fights, sometimes taking 7 to 10 years. Oftentimes, after these extended wars, the resolution is sweet, but not before some of our clients have been forced to file for bankruptcy.
Obviously, the outcome of cases is constantly changing, as is the rule of law. Being a trial lawyers burns out many a fine lawyer. The stress of fighting with unknown consequences, putting your client's well-being and your own livelihood on the line creates fear. For most lawyers, the risk-taking behavior necessary to be a trial lawyer takes too much of a toll on an advocate.
I went with the son to see the movie, "The Conspirator," about Mary Sarrat and her trial as a confederate conspirator for the plot to shoot Lincoln and the vice-president and secretary of state. The case was tried by a military tribunal to deprive those accused of the full spectrum of their rights under the law. I felt that old burn that comes when in a trial where I feel the judge's rulings are wrong or I cannot relate to the jury. Sometimes I tire so of the fight.
I am getting ready for trial now and frustrated on several other cases. I know I should just take one day at a time and be spontaneous. Just one time when my client, who is courageously depending on me asks what I think will happen, I wish I could tell him or her what to expect and just let it go. I can't because i don't know. This job is a weird way to spend my life. Sometimes, I feel like a cat on a hot tin roof, and when that happens the best thing to do is just breath.
When I started as a lawyer, I was idealistic and thought that most people get justice in the end. I am not so sure of at now. I hope that most people get justice, but I feel increasing pressure to fight injustice. Sometimes, when I hear about or encounter greed, bigotry or pride, it seems as though the battles become interminable and insurmountable. I fight, figuratively, all the time. I wonder if I am up to the task against lawyers and corporations with unlimited resources and I grow weary.
Plus, I usually cannot predict the outcome of a case. I do not know how a trial will pan out, under he best of circumstances. I take contingent fee cases, since my clients are not big corporations and cannot afford to pay hourly billing. In some ways, I am a professional gambler, providing little income assurance to my family and dependents.
Sometimes, I question why I have chosen such a hard job. But, deep down I know why. Our cases can, and oftentimes do, make a difference. At the very least, we may be able to bring back the happy smiles our clients freely gave before the mistreatment. We can bring back our client's faith in the justice system and restore their hopes. Sometimes we make an even greater difference, like helping to bring down an arrogant and ineffective mayor. Sometimes the job is glorious, with adrenalin highs and sound sleep. More often, I am fearful of what might happen if I miss some fact, misread some juror, or simply do not successfully related to my client and the jurors. And then there is e frustration of the length of fighting these fights, sometimes taking 7 to 10 years. Oftentimes, after these extended wars, the resolution is sweet, but not before some of our clients have been forced to file for bankruptcy.
Obviously, the outcome of cases is constantly changing, as is the rule of law. Being a trial lawyers burns out many a fine lawyer. The stress of fighting with unknown consequences, putting your client's well-being and your own livelihood on the line creates fear. For most lawyers, the risk-taking behavior necessary to be a trial lawyer takes too much of a toll on an advocate.
I went with the son to see the movie, "The Conspirator," about Mary Sarrat and her trial as a confederate conspirator for the plot to shoot Lincoln and the vice-president and secretary of state. The case was tried by a military tribunal to deprive those accused of the full spectrum of their rights under the law. I felt that old burn that comes when in a trial where I feel the judge's rulings are wrong or I cannot relate to the jury. Sometimes I tire so of the fight.
I am getting ready for trial now and frustrated on several other cases. I know I should just take one day at a time and be spontaneous. Just one time when my client, who is courageously depending on me asks what I think will happen, I wish I could tell him or her what to expect and just let it go. I can't because i don't know. This job is a weird way to spend my life. Sometimes, I feel like a cat on a hot tin roof, and when that happens the best thing to do is just breath.
Sunday, April 10, 2011
Righteous Rebellion
After practicing law for 28 years, I am heartened that I hear many clients making the same statement, "I really want to prevent this (harassment, discrimination, retaliation) from happening to someone else." It is that shared resolve so common among my clients that humbles me and makes me proud to represent them. Sometimes, after hearing the rhetoric of the Tea Partiers, after seeing Big Business impose it's agenda of greed in state legislatures and in Congress, after fighting companies for years at a time to simply get justice for an injured client, I wonder if I am helping my clients make a difference.
Today, I read my Facebook page and saw a posting from Eric Vernon, a friend and fellow Kansas City lawyer. He posted an article from Yes Magazine, which I find to be profound. In this article, the author talks about people who courageously make a difference. Perhaps there is hope.
I am frustrated now because I have a client who is kind, caring and good, and gravely injured because of the carelessness of an international corporation which is under-insured, which may have procured the insurance through fraud, with principals who evade justice by liquidating companies and setting up others. This company is the epitome of greed. Each insurance company, defendant and defense attorney is evading responsibility for this wonderful man's grievous injuries. I still believe that most people are good and just and that justice will prevail, but it may be several years and I grow frustrated.
Then I hear and read about the shenanigans in Congress, where some members are hoping to
enrich the coffers of the wealthy on the backs of the poor. I grow frustrated with the
Missouri Legislature and the attempts to restrict human rights. I grow impatient and want a peaceful righteous rebellion to combat the greed inherent in many corporate cultures.
It is hard to be patient. I try to be empathetic and I fail. But, even with all of the evil in the world, in places like Darfur, Rwanda, Nazi Germany, Communist Russia, I must believe in the fairness and goodness of people and I must be patient. Gandhi once said, "You must not lose faith in humanity. Humanity is an ocean; if a few drops of the ocean are dirty, the ocean does not become dirty." Thank goodness for courageous people such a my clients who fight the dirty drops in the ocean.
Today, I read my Facebook page and saw a posting from Eric Vernon, a friend and fellow Kansas City lawyer. He posted an article from Yes Magazine, which I find to be profound. In this article, the author talks about people who courageously make a difference. Perhaps there is hope.
I am frustrated now because I have a client who is kind, caring and good, and gravely injured because of the carelessness of an international corporation which is under-insured, which may have procured the insurance through fraud, with principals who evade justice by liquidating companies and setting up others. This company is the epitome of greed. Each insurance company, defendant and defense attorney is evading responsibility for this wonderful man's grievous injuries. I still believe that most people are good and just and that justice will prevail, but it may be several years and I grow frustrated.
Then I hear and read about the shenanigans in Congress, where some members are hoping to
enrich the coffers of the wealthy on the backs of the poor. I grow frustrated with the
Missouri Legislature and the attempts to restrict human rights. I grow impatient and want a peaceful righteous rebellion to combat the greed inherent in many corporate cultures.
It is hard to be patient. I try to be empathetic and I fail. But, even with all of the evil in the world, in places like Darfur, Rwanda, Nazi Germany, Communist Russia, I must believe in the fairness and goodness of people and I must be patient. Gandhi once said, "You must not lose faith in humanity. Humanity is an ocean; if a few drops of the ocean are dirty, the ocean does not become dirty." Thank goodness for courageous people such a my clients who fight the dirty drops in the ocean.
Thursday, April 7, 2011
Through the Eyes of A Child
My husband and I both love children. Our two kids are grown, and we have no grandchildren, just grand-dogs. Don't get me wrong, I love those dogs. But, it is nice being around human kids, too, so we both volunteer at local schools. Mike helps out at the kindergarten class taught by our wonderful spinning teacher, Angela, when she is not spinning or leading yoga. I have a 6th grade Youth Friend, a girl with whom I have lunch around once a week.
My friend is great. She reminds me of what it is like to be a kid. She is energetic, honest, in your face, and fun. She struggles with math, has arguments with her friends, and is just a kid. I saw her this week. I bring my iPad, because she likes to play games on it. Sometimes she goes to music sites, and, like a responsible youth friend, I tell her no R rated lyrics. She looks sheepish, and clicks to the G rated songs.
This week I showed her that I had downloaded Angry Birds. We played that awhile and then she, and I, got bored. She looked at another app I had downloaded. It's just an app with pretty light shapes with colors. I have always liked pretty, shiny things, but I don't spend much time with the app. My friend got on it. She was entranced.
She directed me where to place my fingers so that we could see the lights twirl in swirling
motions. She showed me how if we tapped the screen, different brilliant colors erupted in
bursts of light. We placed our fingers in different places on the screen and watched how the colored streams of lights bounced off each other and were drawn to places as if they were magnetized. We had fun! More fun with lights and colors than I ever thought possible, and I have also thought lights and colors were fun. My friend taught me new ways to see and move the colors and create beautiful images.
I always fancied myself as a fan of sparkle and glitz, but never have I appreciated the colors and lights like I did on Wednesday. It was fun and we were in the moment. I learned a lot from my friend. She's cool.
My friend is great. She reminds me of what it is like to be a kid. She is energetic, honest, in your face, and fun. She struggles with math, has arguments with her friends, and is just a kid. I saw her this week. I bring my iPad, because she likes to play games on it. Sometimes she goes to music sites, and, like a responsible youth friend, I tell her no R rated lyrics. She looks sheepish, and clicks to the G rated songs.
This week I showed her that I had downloaded Angry Birds. We played that awhile and then she, and I, got bored. She looked at another app I had downloaded. It's just an app with pretty light shapes with colors. I have always liked pretty, shiny things, but I don't spend much time with the app. My friend got on it. She was entranced.
She directed me where to place my fingers so that we could see the lights twirl in swirling
motions. She showed me how if we tapped the screen, different brilliant colors erupted in
bursts of light. We placed our fingers in different places on the screen and watched how the colored streams of lights bounced off each other and were drawn to places as if they were magnetized. We had fun! More fun with lights and colors than I ever thought possible, and I have also thought lights and colors were fun. My friend taught me new ways to see and move the colors and create beautiful images.
I always fancied myself as a fan of sparkle and glitz, but never have I appreciated the colors and lights like I did on Wednesday. It was fun and we were in the moment. I learned a lot from my friend. She's cool.
Tuesday, April 5, 2011
What it Takes to Write a Blog
I have been thinking about what qualities it takes to publish a blog. Most people don't , not yet. Bloggers have certain traits, that I suspect bloggers share in common:
1. A love of writing;
2. A desire to have others notice what you read;
3. The belief that you have something important or entertaining to say; and
4. AN EGO.
I include myself in the last category, unfortunately. There is something cool about writing and knowing other people read what you write. I hope I have something of significance to say. I hope I honor my clients. I try to pretend that I don't have an ego, but I do.
What is ego? I don't mean in the Freud sense. I think that people, like me, who draw attention to thmselves do it for a variety of reasons, but high among those reasons is the hope for approval from others. A big ego is really just insecurity, a need to be heard, or read. That may be what propels others into politics. Maybe not. The American psyche is a difficult thing to understand and owning up to one's flaws is even harder. We are all flawed. I loved flawed people. Thank God I am really flawed. Long live flawed people - sometimes from them comes greatness. Unfortunately, that is not the case of me, the author of this blog. But, it is fun to write and have others read anyway.
1. A love of writing;
2. A desire to have others notice what you read;
3. The belief that you have something important or entertaining to say; and
4. AN EGO.
I include myself in the last category, unfortunately. There is something cool about writing and knowing other people read what you write. I hope I have something of significance to say. I hope I honor my clients. I try to pretend that I don't have an ego, but I do.
What is ego? I don't mean in the Freud sense. I think that people, like me, who draw attention to thmselves do it for a variety of reasons, but high among those reasons is the hope for approval from others. A big ego is really just insecurity, a need to be heard, or read. That may be what propels others into politics. Maybe not. The American psyche is a difficult thing to understand and owning up to one's flaws is even harder. We are all flawed. I loved flawed people. Thank God I am really flawed. Long live flawed people - sometimes from them comes greatness. Unfortunately, that is not the case of me, the author of this blog. But, it is fun to write and have others read anyway.
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