MORAL AMBIGUITY AND LAWYERING

I watched 60 Minutes tonight. They broadcast an expose of Manhattan lawyers asked to launder money for a fictional African politician, who was seeking to buy a building, a jet, and a yacht, without divulging the true ownership. Out of the 16 lawyers unknowingly being videotaped, only one flatly refused. The president of the American Bar Association was interviewed. In the videotape, he expressed some reservations and stated that if the funds were gained illegally, he would report the crime. Apparently, the other lawyers expressed no reservations.  What was most troubling to me was one lawyer declaring that lawyers would not get in trouble, because lawyers run this country. All of a sudden, I wondered if I was an accomplice in this sleazy behavior.

Lawyers do seem to run this country. President Obama is a lawyer and so is Governor Jay Nixon. Senator Claire MCaskill is also a member of the bar. Jason Kander, my choice for Senator is, guess what, a lawyer. Lawyers have a lot of power in our government. And what about the lobbyists. Lawyers are in the money and power making business, for sure.

Are lawyers up to the task of running this country? I have my doubts whether any profession measures up. I do not know what profession is immune from greed and deceit. Money complicates everything, as does power and sex. I am not here to talk about the corrupting power of sex, but I have wondered if society would be different if humans were devoid of testosterone and estrogen. But, I digress.

I earn my living by accepting contingent fees. That means I am not paid on a regular basis. I am paid when my clients recover. My clients, by and large, cannot afford to pay the hourly fees I could bill in working on a case. In employment discrimination cases, fees through trial usually amount to six figure amounts. It's possible that when a case settles, my client is handsomely compensated, and so am I. I try my darnedest to separate my client's interests from mine. My duty as a lawyer is to my client, not to me, nor my family, nor to the bank holding my mortgage. In theory, I heartily believe in the ethical code and I abhor a lawyer who puts his or her interests ahead of the client's. However, when the bills are due, or my dog is sick, or when my kids need money, or when I want to go on vacation, it is a greater challenge to only consider my client's best interest. I have successfully rationalized my dilemma and have convinced myself that my ethics are intact. But, in reality, what other occupation requires someone to work for hundreds of hours with no immediate pay, and with the real possibility of not getting paid at all. Workers in America expect compensation for their work. I feel that I, in reality, am merely a professional gambler, which doesn't really comport with my perception of what a lawyer should be.

Those lawyers on 60 Minutes are undoubtedly not paid by contingent fee, but to recover their $1,000 an hour hourly fees, they have to get the business. Lawyers are held to high ethical standards, as we should be. But, lawyers, as humans, can be blinded by greed. While I was embarrassed by the 60 Minutes expose, I also understand the dilemma those lawyers who were  surreptitiously recorded faced. Fortunately, I can't fathom being asked to launder money, since I have no expertise whatsoever in setting up shell companies or hiding assets.  So, my immediate dilemma is avoided. If I had such "expertise," I hope I would act as the lawyer who threw the bums out of his office. I have to believe that I would. I really hope I would. Theoretical moral dilemmas are easier to solve than real ones.

We lawyers rationalize that people hate us because we are misunderstood. We rationalize that people hate us because of the tacky lawyers ads that are beneath those of us who do not buy television time.
We lawyers rationalize that people hate us because of the few bad apples like Saul of "Better Call Saul."  Those reasons may partially explain the lawyer hatred dating back to Shakespeare's time. I wonder if other lawyers worry, as I do, that lawyers are really, deep down, hated because sometimes we just act despicably.

In Praise of Political Correctness

These days "Political Correctness" receives a lot of flack. Clint Eastwood, a wealthy, famous, old white man decries our pursuit of political correctness. He pines for the America of his youth. Of course, the America of his youth included state sponsored racial segregation, married women who could not get credit cards in their own names, and the criminalization of inter-racial marriage. But, at that time, there was a certain group, of which Clint Eastwood is a member, in charge. No African-American or female would dare seek the Presidency. 

Why do people hate political correctness anyway?  Freedom forum politcal correctness is freedom to bully others without recourse. Refraining from using the "n" word is politically correct. What's not politically correct?  Racial slurs, sexual harassment, jokes about Hipanics, people with disabilities, women. 

For some people, it makes them feel better about themselves if they can insult and denigrate others. Bullies have thin skin, are insecure and have low self-esteem. Perhaps they were bullied, or were abused, maybe verbally, physically and/or sexually. Sometimes, the oppressed becomes the oppressor. We do not really explore what oftentimes makes bullies - generations of abuse. Bullies create other bullies.

Political correctness is synonymous with treating others with respect. Treating people with respect is contagious. Compassion brings out the best in others. Bullying brings out the worst. I like political correctness. It shows we as humans are improving as a species. Treating others with respect is the best way to live. 

Why We Need A Woman President

I know that many people, including women, do not see the need for a female president. They think that women are capable, women head other countries, and a woman will eventually be president anyway. Many of these women are young and have experienced no sexism in their lifetimes. Perhaps, for them, once they bear children, society will treat them as well as men and there will be no pay differential. Perhaps, my representation of women in employment discrimination and sexual harassment cases will dry up, because sex discrimination will be obliterated in this new, open-minded society. However, we are not there yet.

I know things are better than when I was a girl. We no longer have want ads that separate "men's" and "women's" jobs in the newspaper, like we did when I was young. Women can no longer evade jury duty simply because of their gender. Perhaps the Western Wall in Jerusalem and the Vatican won't prohibit women with sleeveless blouses and shorter skirts, like I was banned in 1973 when my grandmother took our family to Israel and Rome. And, at least in the Kansas City area, judges can no longer ban women in slacks from their courtrooms, as one judge did early in my career. Perhaps bosses no longer will try to order their employees back to work 6 weeks after giving birth, as my boss did. I refused and stayed off for 3 months, but I caught hell for it.

Perhaps judges no longer will chat only with male lawyers about hunting and fishing during a trial while ignoring rye female lawyer, as happened to me even though the male lawyers were incompetent and unable to ask appropriate questions and make an appropriate opening statement, as happened to me early in my career. Perhaps judges will no longer order me and my female clients to refrain from "crying" during trial, while requiring no such behavior from male lawyers or witnesses.  Perhaps rural male judges will not tend to believe male trial lawyers in contested trials over female lawyers, ruling in favor of the males most of the time as happened to me just a few years ago.

Perhaps girls will automatically be paid as much as boys, unlike the young pizza restaurant employees in KCK, who spoke at the Democratic convention.  Perhaps people will recognize the substantial women breadwinners instead of statements made by Donald Trump's campaign director, claiming women will vote in the interest of their husbands/breadwinners.  Perhaps sexual harassment will just stop suddenly.

Women have had the right to vote in this country only since 1920, when my grandmother was 15. While three women are on the Supreme Court, I don't think it is a coincidence that only one of them is a mother. It is much easier for male lawyers to be parents than female lawyers.

Whether you see it or not, we need a female president. It will make a difference In the lives of millions of girls.

Russia

Why so many hits from Russia on this blog?  Did Donald Trump send you?

Inclusion - No Donald Trump Baloney Today

Mark Twain famously declared, “Travel is fatal to prejudice, bigotry, and narrow-mindedness, and many of our  people need it sorely on these accounts. Broad, wholesome, charitable views of men and things cannot be acquired by vegetating in one little corner of the earth all one's lifetime."  

WHEN YOU TAKE THE TIME TO GET TO KNOW PEOPLE WHO APPEAR TO BE DIFFERENT TO YOU, WITH A GENUINELY OPEN MIND, YOU WILL PROBABLY DEVELOP COMPASSION AND EMPATHY, THE OPPOSITE OF HATRED AND FEAR.  

Consider the Hispanic boy in kindergarten who is in your son's class, or the African-American employee you know. Engage those people. Listen to their stories. Find about their families   People in different cultures oftentimes have similar values. 

In 2007 my husband and I were in France and we need a cab driver around 4:00 a.m.  The driver obviously wanted to get home and was somewhat cranky. I asked him where he was from. He warned slightly and said he came from a mountainous region between Spain an France. I asked him if he was a Basque, people living in that region who want independence. We then discussed the geo-political events, and totally bonded. By the end of the ride we had a wonderful conversation, which I remember to this day. 

IT'S TIME TO WORK TO ELIMINATE INHERENT BIASES IN SCHOOLS, BUSINESSES, AND SOCIETY AT LARGE. WE NEED TO TALK ABOUT RACISM, SEXISM, LGBT DISCRIMINATION AGEISM, AND DISABILITY DISCRIMINATION IN OUR SCHOOLS, IN OUR HOMES AND OUR WORKPLACES. IF WE ARE GOING TO ERADICATE UNLAWFUL DISCRIMINATION, WE MUST TALK ABOUT IT. 

"Always Look At The Bright Side of Life..."

I love Monty Python's "Life of Brian". Before South Park, before Louis CK, before Borat, there was Monty Python, lovely, dark and sacreligious.

Times are dark now. It's almost like the 60s when the Temptations sang "Ball of Confusion,"

"People moving out, people moving in
Why, because of the color of their skin
Run, run, run but you sure can't hide

An eye for an eye, a tooth for a tooth
Vote for me and I'll set you free
Rap on, brother, rap on

Well, the only person talking about love thy brother is the preacher
And it seems nobody's interested in learning but the teacher
Segregation, determination, demonstration, integration
Aggravation, humiliation, obligation to our nation

Ball of confusion
Oh yeah, that's what the world is today . . ."

So, I am taking a break from Email-gate, Trump-land, police-killing, Black men killing, and media-fest sensationalism. I am going to follow the first Kansas City Royal since George Brett in 1981 to get the most MLB All-Star Votes -  Profesor Salvador Perez to San Diego. Mr. Royal Perez, the nicest man in baseball, brings joy and caring wherever he goes. I am sure he makes his mother proud. He makes me proud. And, I get to follow this gentle, kind and funny man to San Diego to watch him play for the American League. I hope to have nothing but fun and relaxation before the disaster of the Republican Convention starts next week in Cleveland.  And then, I am going to watch the Royals, with Salvy's help, beat the unfortunate Cleveland Indians while they flee to KC to escape the crazy convention in their town. 

GO, SALVY, GO!!!

Monsters

Over forty people killed in Turkey. Twenty people killed in Bangladesh. That's just in the last few days. What is wrong with these people?  How do we stop them?  These killings are senseless. How do you reason with people who are willing to strap bombs on their compatriots to kill innocent civilians.

What causes radicalization?  These killers are radicalized Muslims.  Are they insane?  Most Muslims are decent human beings. How do people end up becoming monsters?

They weren't born wanting to commit mass murder. What makes them behave this way?

I could research the process of radicalization, but right now, I don't want to. I don't really want to empathize; I don't want to understand them. There's really no excuse. How awful. How evil. Most people are good. Not these folks. Evil.

Enough!

What is the matter with us?  Why do we sell AR15's?  Why do we sell ammunition for assault rifles? The Second Amendment does not say that Americans have the right to keep assault weapons. This is crazy. One man took out 50 people and injured another 53. Should we just ban white males?  That makes as much sense as banning Muslims. All mass murderers are white males. Perhaps what we really should ban are assault weapons. Enough! 

I Want To Be A Juror

Tomorrow I am reporting for jury duty, and I'm excited. I have never been on a jury. I believe in the jury system whole-heartedly. The jury system is illustrates what is right with this country. We are the only nation in the world that employs juries in both criminal and civil cases. Trial by jury is constitutionally protected for both criminal and civil cases in our nation. That's one of the reasons that this country is great.

I have picked a lot if juries and I believe that juries, by and large, do the right thing. Studies show that with small group decisions, like juries, the sum of the parts is greater than the whole. When jurors work together, which they usually do, justice is the beneficiary. While, I certainly have not won every jury trial, I still fervently believe in juries. People on juries represent who we are as a nation and what values we cherish.  

Most jurors take their jobs very seriously. Twelve jurors are more likely than a sole decision-maker to root out the truth. Jurors can be, and usually are, brave, when courage is necessary. Jurors are the conscience of our community. Most people are good and want to be fair. A jury of twelve is more intelligent than one person.  I believe in the decency and fairness of Americans.

I will do my best to be open-minded, open-hearted, and I pledge to listen and think. I want to be part of what makes our judicial system great. I want to do my part. I am looking forward to reporting for jury duty, whether I am plucked for service or not. I am filled with pride that I am an American and I finally get to serve. 

Speaking Truth To Power

It's hard to buck the status quo. The Constitutional declaration that, "All men are created equal," does not really state what many leaders believe. How many brave revolutionaries have been imprisoned or killed because of their beliefs? Martin Luther King, who professed non-violence, was jailed numerous times. Gandhi and King were both assassinated. Abraham Lincoln, the president, was assassinated for freeing slaves. Our nation incarcerates more people than any other.

We have an aristocracy in this country. Politics creates aristocracy. Fame and fortune create aristocracy. Woody Allen, Bill Cosby are forgiven for violent crimes while minor transgressions by members of the masses are punished harshly. Studies show that people born into poverty will likely live impoverished themselves. We may be electing a megalomaniac for president. Popular sports figures get passes unless caught assaulting people on camera or caught murdering others execution-style.

We are not equal under the law. Just as George Orwell said in Animal House,  "All people are created equal, but some people are more equal to others."  Kansas public schools may be shut down. Is education only for the rich?  Why are student loans not discharge able in bankruptcy while Donald Trump is a serially bankrupt person?  Corporations are people. Really?

I know I sound rambling. The truth is I did something today challenging authorities And, I am nervous. Powerful people generally do not hanker to those challenging them. Being polite and deferential in our society is perceived as superior to bucking the system. Today, I tried to buck the system. I wasn't polite and I wasn't deferential and I am nervous.

Sometimes you need to just go down swinging.