Living in the state of Missouri has always made me proud. We're the "Show-Me State," home of Harry Truman, the man who integrated the military, among many other honorable decisions. Our discrimination laws have been fair, letting Missouri juries filled with Missouri citizens who have the Show-Me wisdom decide not only whether a worker has suffered from unlawful discrimination, but also what the monetary compensation should be to try to make that worker whole.
And Missouri juries get it right most of the time, using their innate intelligence and common sense. Plaintiffs lose something like 40% of the time. Punitive damages are awarded in rare cases only. Missouri judges follow a law that was passed almost 50 years ago during the Civil Rights movement. As the song from"Oklahoma" goes, "Everything's up to date in Kansas City ..." (and St. Louis, and Springfield, and Columbia and everywhere else in Missouri.)
Now, some in the Missouri legislature want to strip Missouri workers of some of this state's hard fought civil rights. The proposed changes do the following:
1. Throw Missouri citizens into federal courts because judges in the federal courts have consistently thrown cases out of court. By eliminating individual liability in the law, non-Missouri corporations, who benefit from the change, can force all lawsuits into federal courts headquartered in Kansas City or St. Louis, providing no local control for Missouri citizens.
2. Require caps on damages modeled after caps in federal courts that were set and have not been adjusted since 1991, some twenty years ago.
3. Gut workers' ability to bring necessary whistleblower cases by subjecting them to the caps and requiring unreasonable proof. This law is proposed and backed by one particular company because it's lawyers are upset that a verdict was rendered against the company some eight years ago.
It's hard to talk about these changes in the abstract, so I'll try to illustrate the impact these changes would have on one of my clients.
My client is a 17 year old girl who at age 16 went to work at a restaurant to help save money for her dream to attend art college. She did not know what danger she was walking into when she accepted the job. Her supervisor was a serial sexual molester. The owner of the restaurant knew that the supervisor had raped a girl who was previously employed, but kept the molester supervising young women. My client, young and naive, knew nothing of her supervisor's past problems. When he sexually molested my client, my client did not know what to do or to whom to turn. She did what most young girls do, nothing - because she was so afraid of losing her job and that she would be blamed as somehow enticing this pervert. Finally, when it got to be too much for her to bear, she told the owner's daughter, who said, "Oh, he's done this before." When the bosses found out, they told my client not to tell anyone. Ultimately, several months down the road, she did tell her parents. It was not until my client's parents found out that anything was really done.
My client's parents took their daughter to the police station and this supervisor ended up pleading guilty to a misdemeanor battery, with a suspended imposition of sentence. No registering as a sexual offender, no jail time, and his record is totally cleared as if he was never found guilty as long as he gets through his probation .
In the meantime, my client has suffered as a victims of sexual assault do. If this law passes, she will be limited in damages to $50,000 to repay her for the attacks because of the size of the company; she will not be able to sue the man who molested her for sexual harassment since he is an individual; and she may have the entire case thrown out of court because of peculiar twists in federal law.
Is this how Missouri really wants to treat it's citizens? I know businesses do not like to get sued. No one likes being sued. But, the citizens of Missouri have the intelligence and common sense to decide when someone has been done wrong. Our jury system is the underpinning of our democracy. In Missouri, we need not distrust our citizens to do the right thing.
Sunday, February 27, 2011
Monday, February 21, 2011
New Orleans - a city of contradictions
I am in the New Orleans airport waiting for my plane to take me home. I have been at a wonderful seminar on Psychodrama for Lawyers, put on by my friends Joane Garcia-Colson, Fredilyn Sison and Mary Peckham. It was an innovative and creative experience. However, I want to talk about what I saw in New Orleans while we were there.
This is the first time I have been back to New Orleans since Katrina. The French Quarter is filled with revelers, people celebrating and letting loose. Wherever you walk down Bourbon Street, music fills the air. I am imagine some people engage in behavior that they later regret, and sometimes hardly remember. In two candy stores, women bickered over who was next in line, making snide comments to other candy buyers. The streets are filled with people, some sober, some not, some pushing baby carriages.
However, on Sunday, Joane, Fredi, Mary and I have an experience that I will not soon forget. Joane wants beignets, so we wait while she stands in line with scores of others. After she gets the fried treats, we decide to walk along the Mississippi River toward our hotel. It is a little chilly, with the wind blowing. We are bombarded with smells, most of which are unpleasant. Homeless-looking men sit on benches, playing musical instruments with guitar and horn cases open at their feet for donations. The music is beautiful, but most people, including us, do not stop.
As we walk along the sidewalk, past a Holocaust memorial, a man, shabbily dressed, runs up to us, shouting, "Help! Help! Please give me a phone. She's having a seizure and I need to call 911!" People are ignoring him.
I look over to where he had run from and a short, squat African-American women is trying to leave the sidewalk, as she sways and stumbles and sits. Across from her is an older man, named Jesse, shabbily dressed with a long white beard and yellow mustache, drinking a large can of beer.
Joane immediately responds, "I'll call 911." She pulls out her phone and starts talking into the receiver, "We need an ambulance here at Riverside Park by the Holocaust Museum. No, the Holocaust Museum. Holocaust. H-O-L-O-C-A-U-S-T. By the aquarium. In Riverside Park. By the river. In the park. Near the aquarium. Holocaust museum. I don't know the address. . . In Riverside Park."
In the meantime, the man who accosted us goes back to the bench where his friend is. "Tell them her name is Marsha and she is 52 years old. She is having a seizure. She is not taking her Dilantin."
He grabs Marsha and holds her down on his lap. "Marsha, I am not letting you go. You need to go to the hospital. You are my best friend, Marsha. I am going to take care of you. I know what I am doing. I was in the 82nd Airborne. I am not letting you go. You are my best friend and I love you."
Marsha, an African-American woman dressed in jeans and a tee shirt, struggles to free herself. "I d-d-d-don't want to go to the hospital. They hurt me." She holds up her left arm, where there is a large bump. "Th- th-ey couldn't get the IV in."
The man holds Marsha securely. "Marsha, you have to go to the hospital. You made me promise that if you had a seizure that lasted three minutes, that I would get you to the hospital. This seizure was more than three minutes. You are my best friend and I am going to take you to the hospital."
Jesse chimes in, "Marsha, you need to go to the hospital."
A tourist couple tells us that they will go to the end of the street and flag down the ambulance. A man in a golf cart drives up, and looks at the the scene and tells the homeless people, "You all are going to have to leave."
We shout at the man, "She's having a seizure, she's sick. We called an ambulance."
The man in the golf car looks at us, obviously tourists, and it dawns on him this situation is different, "Oh, oh, okay. Is this the woman who's sick?"
We wait. I am afraid to leave because I am fear that the homeless woman will be blown off by the paramedics. Marsha is still struggling to free herself from her friend. When she talks, the right side of her mouth is drooping. The man, a white man in is 40s wearing a ball cap with a fleur de lis over his shaggy dishwater brown hair holds Marsha tight. I can't help but notice how blue his eyes are and how, under different circumstances, he might be a handsome man, this war veteran who lives in the park.
The paramedics arrive. To us untrained tourists, it doesn't look like Marsha is having a seizure, it looks like a stroke since the right side of her face is drooping. The man tells the paramedics that Marsha is not on her medication and Marsha struggles to free herself.
The man again Marsha, "I am not going to leave you. You are my best friend. I will make the paramedics take me with you."
Marsha relents and they strap her to the gurney as Marsha surrenders. The man follows close behind, holding his belongings in a green recyclable bag. "I won't leave you, Marsha." And they disappear into the ambulance.
I , and my friends, have been standing on the bench making sure that Marsha gets the attention in the park that she needs. Jesse remains seated, looking like a homeless Santa Claus and engages Joane in conversation. I turn around and see the sculpture of a Menorah behind us, to signify the Jews killed in the Holocaust. The scene is overwhelming and I begin to weep.
This is the first time I have been back to New Orleans since Katrina. The French Quarter is filled with revelers, people celebrating and letting loose. Wherever you walk down Bourbon Street, music fills the air. I am imagine some people engage in behavior that they later regret, and sometimes hardly remember. In two candy stores, women bickered over who was next in line, making snide comments to other candy buyers. The streets are filled with people, some sober, some not, some pushing baby carriages.
However, on Sunday, Joane, Fredi, Mary and I have an experience that I will not soon forget. Joane wants beignets, so we wait while she stands in line with scores of others. After she gets the fried treats, we decide to walk along the Mississippi River toward our hotel. It is a little chilly, with the wind blowing. We are bombarded with smells, most of which are unpleasant. Homeless-looking men sit on benches, playing musical instruments with guitar and horn cases open at their feet for donations. The music is beautiful, but most people, including us, do not stop.
As we walk along the sidewalk, past a Holocaust memorial, a man, shabbily dressed, runs up to us, shouting, "Help! Help! Please give me a phone. She's having a seizure and I need to call 911!" People are ignoring him.
I look over to where he had run from and a short, squat African-American women is trying to leave the sidewalk, as she sways and stumbles and sits. Across from her is an older man, named Jesse, shabbily dressed with a long white beard and yellow mustache, drinking a large can of beer.
Joane immediately responds, "I'll call 911." She pulls out her phone and starts talking into the receiver, "We need an ambulance here at Riverside Park by the Holocaust Museum. No, the Holocaust Museum. Holocaust. H-O-L-O-C-A-U-S-T. By the aquarium. In Riverside Park. By the river. In the park. Near the aquarium. Holocaust museum. I don't know the address. . . In Riverside Park."
In the meantime, the man who accosted us goes back to the bench where his friend is. "Tell them her name is Marsha and she is 52 years old. She is having a seizure. She is not taking her Dilantin."
He grabs Marsha and holds her down on his lap. "Marsha, I am not letting you go. You need to go to the hospital. You are my best friend, Marsha. I am going to take care of you. I know what I am doing. I was in the 82nd Airborne. I am not letting you go. You are my best friend and I love you."
Marsha, an African-American woman dressed in jeans and a tee shirt, struggles to free herself. "I d-d-d-don't want to go to the hospital. They hurt me." She holds up her left arm, where there is a large bump. "Th- th-ey couldn't get the IV in."
The man holds Marsha securely. "Marsha, you have to go to the hospital. You made me promise that if you had a seizure that lasted three minutes, that I would get you to the hospital. This seizure was more than three minutes. You are my best friend and I am going to take you to the hospital."
Jesse chimes in, "Marsha, you need to go to the hospital."
A tourist couple tells us that they will go to the end of the street and flag down the ambulance. A man in a golf cart drives up, and looks at the the scene and tells the homeless people, "You all are going to have to leave."
We shout at the man, "She's having a seizure, she's sick. We called an ambulance."
The man in the golf car looks at us, obviously tourists, and it dawns on him this situation is different, "Oh, oh, okay. Is this the woman who's sick?"
We wait. I am afraid to leave because I am fear that the homeless woman will be blown off by the paramedics. Marsha is still struggling to free herself from her friend. When she talks, the right side of her mouth is drooping. The man, a white man in is 40s wearing a ball cap with a fleur de lis over his shaggy dishwater brown hair holds Marsha tight. I can't help but notice how blue his eyes are and how, under different circumstances, he might be a handsome man, this war veteran who lives in the park.
The paramedics arrive. To us untrained tourists, it doesn't look like Marsha is having a seizure, it looks like a stroke since the right side of her face is drooping. The man tells the paramedics that Marsha is not on her medication and Marsha struggles to free herself.
The man again Marsha, "I am not going to leave you. You are my best friend. I will make the paramedics take me with you."
Marsha relents and they strap her to the gurney as Marsha surrenders. The man follows close behind, holding his belongings in a green recyclable bag. "I won't leave you, Marsha." And they disappear into the ambulance.
I , and my friends, have been standing on the bench making sure that Marsha gets the attention in the park that she needs. Jesse remains seated, looking like a homeless Santa Claus and engages Joane in conversation. I turn around and see the sculpture of a Menorah behind us, to signify the Jews killed in the Holocaust. The scene is overwhelming and I begin to weep.
Saturday, February 12, 2011
3 SISTERS!!!! and Psychodrama
I am so excited that I am going to be on the staff of the 3 Sisters seminar next week in New Orleans! The seminar is about the use of psychodrama as a trial lawyer. The 3 Sisters, Joane, Fredi and Mary are all certified psychodramatists. I am also a certified practitioner The guru/mentor of psychodrama, at least for me, John Nolte, will also be there.
I was first exposed to psychodrama in 1994 when I attended the Trial Lawyers College. That summer changed my life. I was in John Nolte's group at the Trial Lawyers College. I watched as a group of strangers had the courage to become vulnerable in front of each other. In psychodrama, instead of describing events of one's life, they are put into action. The method is extraordinarily powerful, as a tool for trial and prep, and as a way to discover oneself. My exposure to psychodrama, initially through the Trial Lawyers College, jump started me onto a path of self-discovery, both professionally and personally.
Through the years, as a lawyer, I began to take risks that broadened my horizons and helped me succeed for my clients. I left the firm I was working at and started my own, with my law school friend Marie. When a judge seemed to be biased against me or my client, I assertively confronted the judge and his attitude changed. I don't think I would have had the courage to do that before 1994. I became a much better trial lawyer. I got my personal life in order. I may have made these changes had it not been for psychodrama. Who knows? But one thing I am sure of, psychodrama was the impetus.
When the time came, after the 3 Sisters left the Trial Lawyers College, I eventually resigned from the TLC staff. I left mainly because I perceived unfair treatment of one of my friends. I also left, because I felt that I had become stagnant. I did not feel that I was growing creatively. I will forever be grateful for what I learned through the Trial Lawyers College, but it was time for me to leave. There are many people who are innovative and creative on the TLC staff. It is a very good program and I recommend it unhesitatingly to others. My friend Rafe Foreman, one of the greatest trial lawyers I have ever seen in action and a fabulous teacher, is moving to Kansas City to take over as a professor at my law school to make their trial advocacy program one of the best in the country. And, I bet he will do it, too.
Now back to 3 Sisters. The 3 Sisters are taking what they learned over the past decade and continually improving upon the past. These three women are three of the most innovative, brilliant and compassionate people I know. They wrote a book, Trial in Action, about psychodrama for trial lawyers. The book is superb. I am so excited because of the innovation of these women and the chance I am going to have next week to be a part of the magic. I can't wait. If you are interested in finding out more about the 3 Sisters, check out their website, the3sisters.org.
I was first exposed to psychodrama in 1994 when I attended the Trial Lawyers College. That summer changed my life. I was in John Nolte's group at the Trial Lawyers College. I watched as a group of strangers had the courage to become vulnerable in front of each other. In psychodrama, instead of describing events of one's life, they are put into action. The method is extraordinarily powerful, as a tool for trial and prep, and as a way to discover oneself. My exposure to psychodrama, initially through the Trial Lawyers College, jump started me onto a path of self-discovery, both professionally and personally.
Through the years, as a lawyer, I began to take risks that broadened my horizons and helped me succeed for my clients. I left the firm I was working at and started my own, with my law school friend Marie. When a judge seemed to be biased against me or my client, I assertively confronted the judge and his attitude changed. I don't think I would have had the courage to do that before 1994. I became a much better trial lawyer. I got my personal life in order. I may have made these changes had it not been for psychodrama. Who knows? But one thing I am sure of, psychodrama was the impetus.
When the time came, after the 3 Sisters left the Trial Lawyers College, I eventually resigned from the TLC staff. I left mainly because I perceived unfair treatment of one of my friends. I also left, because I felt that I had become stagnant. I did not feel that I was growing creatively. I will forever be grateful for what I learned through the Trial Lawyers College, but it was time for me to leave. There are many people who are innovative and creative on the TLC staff. It is a very good program and I recommend it unhesitatingly to others. My friend Rafe Foreman, one of the greatest trial lawyers I have ever seen in action and a fabulous teacher, is moving to Kansas City to take over as a professor at my law school to make their trial advocacy program one of the best in the country. And, I bet he will do it, too.
Now back to 3 Sisters. The 3 Sisters are taking what they learned over the past decade and continually improving upon the past. These three women are three of the most innovative, brilliant and compassionate people I know. They wrote a book, Trial in Action, about psychodrama for trial lawyers. The book is superb. I am so excited because of the innovation of these women and the chance I am going to have next week to be a part of the magic. I can't wait. If you are interested in finding out more about the 3 Sisters, check out their website, the3sisters.org.
Saturday, February 5, 2011
The Next Civil Rights Movement - GLBT (and it's about time)
I predict that within a few short years all over America we will finally protect gays, lesbians, bi-sexual and transgender people from discrimination in employment, public accommodations, and eventually marriage. And, it's about time.
When I was an adolescent, gays were called "queers" and they rarely were open about their sexual orientation. I had a cousin that evereyone whispered was "queer" and people giggled. In high school, tough guys (probably with concerns about their own sexuality) bragged about "rolling the "faggots" at Liberty Memorial. By then, the late 1960's and early 1970's, the civil rights movement had begun, but it did not apply to anyone in the GLBT community. Nope, they were still weird, still scary and deserving of ridicule.
I look back at that time and wonder, what caused everyone such fear? Was it that kernel of attraction, or maybe that boulder of attraction the bully felt towered someone of the same sex? Was it the fear of ostracism by family, friends, or religious zealots? Was it the uncomfortable feeling that flirting would not get you what you wanted, that you might be rejected by someone of the opposite sex? Fear, fear of something different and unfamiliar may have driven this homophobia.
Whatever it was, people of my generation and older treated gays and lesbians despicably. They, we, were afraid. We were taught by our parents to fear something so different, or maybe not so different, maybe sometimes intriguing. It was messed up.
Then something revolutionary happened. My generation had children. Many of our children were dumbstruck by the attitudes of their parents to the gay and lesbian community. GLBT people were courageous and came out. They loved themselves and demanded to be respected. And views of society as a whole began to shift and grow.
That is not to say that gays and lesbians are fully accepted and free from discriminatory treatment. It is legal in most states to discriminate against gays and lesbians in most states, including Missouri. In fact, the ways some people treat gays and lesbians is sometimes despicably demeaning and degrading and we need our discrimination laws to included our gay, lesbian, bi-sexual and transgender brothers and sisters. It's long past time. I am tired of rejecting potential clients who are treated so abominably while waiting for the law to catch up with decency. On occasion, I have found creative interpretations of the law by using city ordinances to fashion a viable cause or action. We should not have to be creative to protect our brothers and sisters from injustice.
Please write your legislators, both state and federal, to put a stop to this despicable disparity. It's time to stand for justice. Gandhi once stated, "First they ignore you; then they laugh at you; then they fight you; then you win.". It is time that we as a society make it unpopular to discriminate. We have been through the first three phases of Gandhi's paradigm. Now it's time ot win.
When I was an adolescent, gays were called "queers" and they rarely were open about their sexual orientation. I had a cousin that evereyone whispered was "queer" and people giggled. In high school, tough guys (probably with concerns about their own sexuality) bragged about "rolling the "faggots" at Liberty Memorial. By then, the late 1960's and early 1970's, the civil rights movement had begun, but it did not apply to anyone in the GLBT community. Nope, they were still weird, still scary and deserving of ridicule.
I look back at that time and wonder, what caused everyone such fear? Was it that kernel of attraction, or maybe that boulder of attraction the bully felt towered someone of the same sex? Was it the fear of ostracism by family, friends, or religious zealots? Was it the uncomfortable feeling that flirting would not get you what you wanted, that you might be rejected by someone of the opposite sex? Fear, fear of something different and unfamiliar may have driven this homophobia.
Whatever it was, people of my generation and older treated gays and lesbians despicably. They, we, were afraid. We were taught by our parents to fear something so different, or maybe not so different, maybe sometimes intriguing. It was messed up.
Then something revolutionary happened. My generation had children. Many of our children were dumbstruck by the attitudes of their parents to the gay and lesbian community. GLBT people were courageous and came out. They loved themselves and demanded to be respected. And views of society as a whole began to shift and grow.
That is not to say that gays and lesbians are fully accepted and free from discriminatory treatment. It is legal in most states to discriminate against gays and lesbians in most states, including Missouri. In fact, the ways some people treat gays and lesbians is sometimes despicably demeaning and degrading and we need our discrimination laws to included our gay, lesbian, bi-sexual and transgender brothers and sisters. It's long past time. I am tired of rejecting potential clients who are treated so abominably while waiting for the law to catch up with decency. On occasion, I have found creative interpretations of the law by using city ordinances to fashion a viable cause or action. We should not have to be creative to protect our brothers and sisters from injustice.
Please write your legislators, both state and federal, to put a stop to this despicable disparity. It's time to stand for justice. Gandhi once stated, "First they ignore you; then they laugh at you; then they fight you; then you win.". It is time that we as a society make it unpopular to discriminate. We have been through the first three phases of Gandhi's paradigm. Now it's time ot win.
Monday, January 31, 2011
Don't Let Legislatures and The Judiciary Strip Us of Our Constitutional Rights!
I am sick about hearing about tort "reform." even President Obama talks about the need for medical malpractice reform. What will really happen if lawsuits just went away? Will society be better off? Are lawyers and their greedy clients the problem?
Would there be seat belts in cars if no one had sued because a loved one was killed while ejected from a car and needlessly killed? Would some demented bosses be allowed to fondle and require their secretaries to give them sex if courageous women had not brought sexual harassment lawsuits? Would it just be considered "bad form" or rude if some white employees hang nooses from the ceiling in the break room to intimidate African Americans if fed up and outraged people of color had not had the courage to insist on their rights to be free from discrimination in court? I could recite hundreds, if not thousands of examples of positive social change as a result of lawsuits.
Should we let large corporations and insurance companies run roughshod over our legislatures, shower politicians with money and incentives so that they, the unliving "people" (or so the Supreme Court claims) can make their shareholders richer and more powerful while those with no money get poorer and poorer.
Is this country really just about money and power because we have a "capitalistic" society? I thought the Bill of Rights was supposed to mean something. Everyday, our judiciary and our Congress whittle away the Seventh Amendment rights of Americans, and no one even notices. The Seventh Amendment entitles Americans to jury trials. It is one of the ten amendments in the Bill of Rights, seemingly as important as our First Amendment right to free speech and the constantly debated Second Amendment right to bear arms. But, no one talks about the Seventh Amendment. And while no one is paying attention, we are losing our Seventh Amendment rights through concealed arbitration agreements, judges granting summary judgment or remittitur, legislatures placing caps on damages. Big business does not trust American citizens to look out for their interest. Big business thinks people, if given the power as jurors will most likely to the right and fair thing. And big business does not want a fair, even playing field.
Those of you reading this, I implore you to contact your legislators, whether state or federal and find out their views on so called "tort reform"' which is a misnomer. What these people, under the influence of big business advocate is injustice and unfairness. We have a right to have disputes tried by a jury of our peers for a reason. The jury system is the most fair and just. Make sure you let your representatives know that it's not away for them to take away your rights, no matter how much money big business pays them in campaign contributions. It's time for us to step up and insist on our rights. They can't just tear our right to a jury from us, while no one is paying attention. You must do something.
Would there be seat belts in cars if no one had sued because a loved one was killed while ejected from a car and needlessly killed? Would some demented bosses be allowed to fondle and require their secretaries to give them sex if courageous women had not brought sexual harassment lawsuits? Would it just be considered "bad form" or rude if some white employees hang nooses from the ceiling in the break room to intimidate African Americans if fed up and outraged people of color had not had the courage to insist on their rights to be free from discrimination in court? I could recite hundreds, if not thousands of examples of positive social change as a result of lawsuits.
Should we let large corporations and insurance companies run roughshod over our legislatures, shower politicians with money and incentives so that they, the unliving "people" (or so the Supreme Court claims) can make their shareholders richer and more powerful while those with no money get poorer and poorer.
Is this country really just about money and power because we have a "capitalistic" society? I thought the Bill of Rights was supposed to mean something. Everyday, our judiciary and our Congress whittle away the Seventh Amendment rights of Americans, and no one even notices. The Seventh Amendment entitles Americans to jury trials. It is one of the ten amendments in the Bill of Rights, seemingly as important as our First Amendment right to free speech and the constantly debated Second Amendment right to bear arms. But, no one talks about the Seventh Amendment. And while no one is paying attention, we are losing our Seventh Amendment rights through concealed arbitration agreements, judges granting summary judgment or remittitur, legislatures placing caps on damages. Big business does not trust American citizens to look out for their interest. Big business thinks people, if given the power as jurors will most likely to the right and fair thing. And big business does not want a fair, even playing field.
Those of you reading this, I implore you to contact your legislators, whether state or federal and find out their views on so called "tort reform"' which is a misnomer. What these people, under the influence of big business advocate is injustice and unfairness. We have a right to have disputes tried by a jury of our peers for a reason. The jury system is the most fair and just. Make sure you let your representatives know that it's not away for them to take away your rights, no matter how much money big business pays them in campaign contributions. It's time for us to step up and insist on our rights. They can't just tear our right to a jury from us, while no one is paying attention. You must do something.
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.
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.
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.
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.
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