Why The Jury System Works

I have not posted much lately because we have a spate of trials coming up.  I had  to bow out of the photography classes I was taking because my firm has an inordinate number of trials this year.  My last trial was in June 2011 and the case settled after a week of trial.  It is unusual  for my firm and for me to go this long without a trial, and it feels good to get back in the courtroom.

This last week I helped my partner Kristi Kingston try a sexual harassment case.  In two weeks I have another trial, about which I will not discuss hear since the trial is approaching and it is improper to go into much detail on  the eve of trial because I will be picking a jury soon.

I have practiced law for over 30 years,  and I have tried more cases than most civil lawyers.  My first trial was in June 1984 days before I discovered I was pregnant with my now almost 29 year old daughter.  I have learned a lot since then.

On behalf of my clients, I have tried my share of winning verdicts and more than I care to admit of losing verdicts.  I have learned a lot about trying cases since then.  One things sticks with me since day one, though.  Juries usually get it right.  And I have thought a lot about why that is.

Jury service is the only form of real civic duty that people who have not served in the armed services are required to perform in this country.  This country is made up of patriotic people who courageously and diligently serve their country by serving on juries.  Juries are almost always thoughtful, diligent, intelligent.  We hear so much about people wanting to get out of jury service, and many do, but when a person is picked to sit  on a jury, people in our country, especially in this nation's heartland, take their job very seriously.

I am proud to live in a place where people take their civic duty to sit on a jury so seriously.  Americans care about justice and jurors try to and usually do the just thing.  I don't know what it's like in other countries who no longer have or never had the right to have their civil grievances, and sometimes even their criminal accusations, tried by a jury.  I am so impressed by how hard juries work and how important it is for people serving on juries to  render a just verdict of which they can be proud.

I know this may sound sappy, but I am so proud to live in this country because of the diligence and courage of its citizens.  As I said, I have had my share of losses.  I still believe that, uniformly, jurors want to be just, listen to the evidence and the law from the judge, and do their utmost to be just and fair.  It takes courage to be a juror, to speak up and let your voice be heard in the jury room.  We thank our service people for defending this country, as we well should.  But, I want to thank Americans who take days or weeks from their lives and their jobs, in Missouri at $6 a day, to decide the claims of others, whether it be a sexual harassment case, a wrongful death case, or a product liabilities case, and perform their service so honorably.

I know it's cliche, but Americans have the best civil justice system in the world.

Where Have All The Trial Lawyers Gone - Long Time Passing

Does the public realize how few cases go to trial in our society?  Trials are hard to come by.  Most cases in state court are settled outside of court and most civil cases in federal court are thrown out by judges, or settled. Lawyers who have had only a handful of civil trials refer to themselves as "trial lawyers" even though they are not. To advance and become a skilled trial lawyer takes years upon years of learning and practice. A trial lawyer has a set of facts, determines how to tell the facts in a cogent story, is prepared to deal with the parts of the story the opponent wants to emphasize, figures out the order of evidence, themes, who will testify and how to show the story in an interesting and convincing way. The lawyer is part-screen-writer, along with the witnesses, director, conductor, part narrator, part producer, and part actor, all while in a competition akin to a blood sport.  Being a trial lawyer is not suitable the the weak of heart or the overly self-conscious.  Trying cases is the civil way to go to war.

Without years of experience, a quick mind, incredible preparation, real self-understanding and empathy, and the willingness to take unknown risks, one cannot call oneself a trial lawyer. This job is not for the weak of heart. This job is not for those unwilling to learn, self-examine, and become totally vulnerable. There are really few trial lawyers nowadays. I hate to think of trial lawyers as a dying breed. It's hard for clients to give up mediocre settlements when the risk can be losing.

There is no quick way to become a proficient civil trial lawyer. It requires very hard work, risking your client's and your own money and knowing sometimes you will lose and losing feels like dying. You want to get back on the horse to fix your mistakes and show what you have learned from losing. But you don't have a trial for awhile. Your client is devastated, both emotionally and financially, and, truth be told, so are you. But you get back on the horse, time and again, and if you are smart, and driven, and you care for your clients you keep at it and you face your demons and improve, knowing you will never be perfect. You will always learn more throughout your career.

If someone tells you that going to trial is easy, or not hard, they are selling you a bill of goods. Some lawyers try to bluff, and the bluffer make poor lawyers, let alone the kind you would Trudy yo try your case. All lawyers are not equal. All lawyers don't want to go to trial. Realize this. If you need a. Trial lawyer.

Ten Ways To Live A Satisfying Life

It's easier than you think to live a life you can be proud of:

1. Address things or people that have given you emotional pain. If  you need counseling or meds, take. Them. There is no reason to be embarrassed if you need help with depression, or other psychological help.

2.  Forgive people who have hurt you. Only if you forgive, can you eliminate the pain. You must set boundaries to prevent future pain, but you must take care of yourself.  Vengeance is poison. Get the poison our of your system.

3. Imagine how others in your life feel and think about life.  This is empathy.  See  situations from the viewpoint of others.

4.  Forget about yourself.  Self-consciousness and insecurity come from too much attention to how you are feeling.

5.  Do and give for and to others with no expectation of return or a response.  The satisfaction comes from helping, not from getting kudos.

6. Treat everyone with respect.  If you sink to other's negative levels, you have lost not only control of yourself, but also a positive belief in who you are.

7. Do not let what other people think or say about you affect how you feel about yourself.   What others think tells more about them than you.

8.  Do what you enjoy.  If you can't find a job doing what you enjoy, spend your free time taking care of yourself.

9. Assume the best about people.   Love as many people and pets as you can. Fill yourself with love.

10.  When important decisions about actions come up, choose the one that will let you respect yourself, even if it is hard, or even really hard.

Forgiveness

A lawyer whom I met before killed himself last week. Apparently, according to the newspaper, a judge wanted him to come to court to explain about some settlement funds. When the police came to his house, he went upstairs and shot himself dead. He had been on a lot of lawyer committees, and by all accounts, was somewhat of an over-achiever. But, in the end, he left two boys and his wife to deal with his mistakes for the rest of their lives. I am profoundly saddened by what has happened to his family.

We have so little time on this planet that it seems useless to spend that time blaming others and living with rage.  Nelson Mandela said something to the effect that holding a grudge is like drinking poison and expecting the other person to die. We expect a lot out of others.  People are not perfect.  Many have their own demons, their own stories, about which we usually know nothing. People often suffer from addictions or emotional illnesses and feel they cannot confide in others. Unfortunately, these less than perfect people don't realize how flawed the rest of us are.

A really wise man, Don Clarkson, says, "If you can't talk about something, it's out of control."  That statement rings true to me. Our country is so he'll-bent on punishing others. Our prisons are overflowing.  Missouri has had an uptick in executions. I am saddened by how harsh we are on others, and on ourselves.

I am not a Christian, having been raised as a Jew. Yet, in this season of Christmas, it behooves us all to look to the teachings of Jesus. Jesus understood and preached the true meaning of forgiveness. I am so heartened by his words, "He who is without sin should cast the first stone"  and "Judge not lest you be judged." Jesus understood that we are all flawed.  We all have the potential to do good, to be redeemed, yet we all are imperfect.  In this holiday season, I cherish the belief that life is not black and white, but shades of gray.

Why Does Power Corrupt?

There is a well known adage, "Power corrupts and absolute power corrupts absolutely."  What does that mean?  To me it means that few people can keep following their moral compass if they achieve too much power.  And, money is power.   Nelson  Mandela was an exception to the rule. Mandela had the possibility of endless power in South Africa. He could have put the whites responsible for his imprisonment in jail, but he didn't.  He could have exacted revenge on the proponents of apartheid, but he didn't.  Mandela worked to forgive those who had wronged him and the other blacks and unify the country.  He only ran for election once, and then stepped down so that democracy could work.

Compare Mugabe in Zimbabwe. He has become increasingly oppressive since wresting power from the Brits in the former Rhodesia. He claims land for his relatives. He rules with an iron hand, and his country suffers for it.

The difference is how the two men dealt with the power they had. There are few Mandelas in the world. But, power corrupts not only world leaders, but also bosses, politicians, the wealthy, and the rich capitalists.  I have thought about. The characteristics of those who abuse power. It seems to me, aside from being born a psychopath, there is mainly one characteristic and one characteristic alone that accounts for the corruptive tendency of power - INSECURITY.   If you do any reading about Richard Nixon, the man was wracked with insecurity and jealousy.  His 1960 statement upon losing the California governorship, "You won't have Dick Nixon to kick around anymore," was sad not only because of the defensiveness of Nixon, but also because the statement was untrue. Nixon came back and what happened to the country wasn't pretty.

In discrimination cases, particularly those involving harassment, the  abuse of power principle applies. The less the boss' self-esteem, the more bullying he or she is. The same holds true for school bullies. What's the moral here?  Make sure people you promote are secure in their personhood?  That would be nice.  We don't need any more Charles Foster Kane's running this county.

Mandela and Foregiveness

Nelson Mandela was an amazing man and accomplished many great things.  When I was younger, I thought South Africa was doomed to be wracked by violence, with the Black population not  unreasonably seeking revenge for the years of apartheid, discrimination and poverty imparted on them by the White Afrikaaners.  But, massive violent rebellion never happened.  As far as I can tell the main reason for the relatively peaceful redistribution of power is because of the tremendous leadership and wisdom of Nelson Mandela.

After being imprisoned for 27 years, Mandela sought peaceful transition and abolition of apartheid. What an amazing human being, with the wisdom and foregivenesx that prevented what could have been violence and destruction. Mandela said that being vengeful was akin to drinking poison and expecting the other person to die.   Wow. There are very few great leaders throughout history.  Nelson Mandela was a great leader. I hope other leaders around the world learn something from this great man.

The Human Spirit - Dedicated To My Great Friend Teresa York

Sometimes I get bogged down with all that is wrong with the world.  Then I am reminded of what is right with the world.  I am thankful to have some time here on this planet with the wonderful people around me, my family, friends, clients, co-workers (who are my friends, too).

I think of the human spirit and what people I know have overcome - the Holocaust, my daughter battling daily migraines and thriving through chronic pain, illnesses in my relatives, brave clients who battle for the rights of themselves and to make this place better for others, and other challenges we all face. I am so thankful to have these wonderful people in my life.

I want to dedicate this Thanksgiving to Teresa York. She posted on Facebook and her words have moved me,

" On this Thanksgiving I am so very uplifted by my family and friends - from my children and sister to my extended family - old dear friends and all of my wonderful friends at work ... I am so very grateful for all of them and wish for them health and happiness. Never have I felt more acutely aware of living in the moment and never have the moments been more filled with more happiness!"

Here's to you, Teresa, you have developed such courage and grace.  Happy Thanksgiving!

Five Reasons Why Americans Need Investigative Journalists

I was in college when Watergate erupted. Carl Bernstein and Bob Woodward were national heroes. I don't know about other Baby Boomers, but I read the book "All The President's Men" and saw the movie version on multiple  occasions, and I was proud I lived in a country where freedom of the press was not only guaranteed, but also lionized. We have had a long string of journalists who have fought the hard fight to bring truth to the American people. Walter Cronkite, a Mizzou alum, lead American opinion away from the Vietnam War. Edward R. Murrough exposed Joseph McCarthy and his war on perceived "communists".  Those were the days.

Such is not our situation today.  The news media is driven by the almighty dollar and print media is becoming extinct. CNN is a shell of the dynamic news station that my father watched religiously. MSNBC and Fox News are a joke, with pundits, not reporters, pandering to the crazies. The Kansas City Star is a shell of its former self and has fared poorly under McClatchey. No more are there reporters beating down the doors to expose corruption and malice.  And local broadcast news is little more than hours upon hours of weather and sports reports, intermingled with car chases and monitoring of Twitter posts.   Sad and scary.

Who is there to uncover graft and corruption, corporate greed or misfeasance.  I am afraid almost no one remains to expose the liars, cheats and crooks in politics, government and big business.  Every once in awhile, a "greedy" plaintiffs' lawyer successfully exposes corruption, but not often. The press is called the "Fourth Estate" for a reason. Freedom of the press is integral in exposing corporate and government wrongdoing. But where is the press now, with huge newspaper lay-offs and the broadcast dribble that passes for "news,". Of course, government sponsored NPR and public television seem less dependent on wealthy corporations' largesse. I was pleasingly surprised to see the apparently unbiased reporting of Al Jazeera America, backed by Qatar.  But who is there to protect citizens?  Not nearly as many folks as there used to be.

Here are five reasons that Americans must have unfettered reporting:

1.  Unscrupulous politicians, who still exist, can have a hey day if no one is watching or reporting on malfeasance or even bad judgment.

2.  Corporations will be able to run rampant in their pursuit of unfettered greed. Remember tobacco officials testifying, under oath, that nicotine is not addictive.

3.  Massive numbers of the electorate may believe the candidate with the slickest commercials.   (Don't get me started on Citizens United).  Who will seek the truth?

4.  With no media checking on elections, the rich and powerful will call the shots, because of their greater ability to contribute enormous amounts to political campaigns without consequence or even publication.

5.  What is left of the press will, by necessity, be forced to pursue money to stay afloat rather than stories to inform the citizenry.   .

I don't think this is what the forefathers had in mind while they passed the first amendment. This is a frightening state of affairs.  Thank good news for Tony Botello and tonyskansascity.com. Without bloggers free from big money pressure, we would have even less information than we have today.

Rethinking Football, While You Can Still Think

This is not going to be a popular post, even in my own family while the Chiefs and  Mizzou Tigers are today undefeated.  Oh well.

My husband and I watched "League of Denial" on Frontline.  League of Denial. The documentary explored the overwhelming proof of brain damage in the brains of deceased NFL players.  One young college football player, who committed suicide at age 21, has extensive brain damage (CTE - chronic traumatic encephalopathy) even though he had no documented incidence of concussion. The program explored Junior Seau's suicide, along with dementia, addiction, violence and suicide in many other football players.  The NFL appears to be engaged in a cover-up, disavowing responsibility while ponying up $765,000,000 in a class action settlement by former players and their families.

My husband argues, the players know what they are getting into. They know they might be injured.  While I agree that many players may realize they are subject to traumatic arthritis and joint point as they age,do you really think they knowingly go into a job realizing that there is a probability they will experience brain damage which may cause personality changes, dementia and suicide. Plus, football players don't start playing as adults. They start playing football long before college. Sure, the boys playing football have the permission of their parents. But, do these parents really comprehend the real danger of brain damage to their children.

Sure, football is exciting and we have a sense of camaraderie in rooting for the old college or city team. It's great fun to tailgate. Why, in Kansas City passing Arrowhead Stadium hours before the game provides great olfactory pleasure, with the aroma of barbecue filling the air.  But, what are we really celebrating. Do we realize what significant brain damage risks there are to pro and amateur players alike.

Some people make a lot of money from football.  The NCAA, NFL, team owners and colleges can reap abundant riches, but at what cost?   Parents need to wake up. Football is not a safe sport for children. But, as long as there is such profit from the sport, it is not going away.  I know this viewpoint is not popular, not even in my immediate family. Watching gladiators die in the ring used to be popular, too.

I Hope I Can Be The Trial Lawyer Who . . .

I hope I can be the trial lawyer who:

1.  Cares deeply about my client,

2.  Fights for a  for a just and worthy cause,

3.  Treating the parties, witnesses, jurors and judge case with respect,

4,   Behaving honestly and fairly, with passion and sincerity,

5.  Without resorting to subterfuge, gamesmanship or other chicanery. 

That is the kind of lawyer I hope to be.