Category Archives: lawyers

Punting on the Cam

Posted on June 23, 2016 | 7 comments

The keys to my front door reside on a key ring I bought in Cambridge, England, on a magical day in September 1986.  It’s one of the souvenir key rings you used to find in Britain (and maybe still can, though I didn’t see any during a visit in 2012).  They were fashioned in leather and emblazoned in gold leaf with the name and design of a notable site.

During trips to London and elsewhere in Britain during the 1980s and ‘90s, I acquired a host of these key rings. One of my favorites was a bright red one purchased at Cardiff Castle in Wales in 1995.  I would carry one of them in my purse until the gold design wore off and the leather became so worn that it began to fall apart.

Until recently, I thought I had used every one of these leather key rings.  But recently, in a bag filled with souvenir key rings, I came across the one I bought in Cambridge in 1986.  There it was, in all of its splendor:  Black leather emblazoned with the gold-leaf crest of King’s College, Cambridge.

I began using it right away, and the gold design is already fading.  But my memories of that day in Cambridge will never fade.

My husband Herb had gone off to Germany to attend a math conference while I remained at home with our two young daughters.  But we excitedly planned to rendezvous in London, one of our favorite cities, when his conference was over.

Happily for us, Grandma agreed to stay with our daughters while I traveled to meet Herb, and on a rainy September morning I arrived in London and checked into our Bloomsbury hotel.  Soon I set off in the rain to find theater tickets for that evening, and in Leicester Square I bought half-price tickets for a comedy I knew nothing about, “Lend Me a Tenor.”  Stopping afterwards for tea at Fortnum and Mason’s eased the pain of trekking through the rain.

When Herb and I finally met up, we dined at an Italian restaurant and headed for the theater. “Lend Me a Tenor” was hilarious and set the tone for a wonderful week together.

We covered a lot of ground in London that week, including a visit to Carlyle’s house in Chelsea, a sunny boat trip to Greenwich, viewing notable Brits on the walls of the National Portrait Gallery, tramping around Bloomsbury and Hampstead, and lunching with a British lawyer (a law-school friend) at The Temple, an Inn of Court made famous by our favorite TV barrister, Rumpole (of the Bailey), whose chambers were allegedly in The Temple.

Other highlights were our evenings at the theater. Thanks to advice from my sister, who’d just been in London, we ordered tickets before leaving home for the new smash musical, “Les Miserables” (which hadn’t yet hit Broadway). It was worth every penny of the $75 we paid per ticket (a pricey sum in 1986) to see Colm Wilkinson portray Jean Valjean on the stage of the Palace Theatre.  We also loved seeing a fresh interpretation of “The Merry Wives of Windsor” at the Barbican and Alan Ayckbourn’s poignant comedy “A Chorus of Disapproval” at the Lyric.  Although “Mutiny!”–a musical based on “Mutiny on the Bounty”–was disappointing, we relished a concert at South Bank’s Royal Festival Hall, where I kept expecting the Queen to enter and unceremoniously plop herself down in one of the hall’s many boxes.

But it was our day trip to Cambridge that was the centerpiece of our week.  On Friday, September 19th, we set out by train from King’s Cross Station and arrived at Cambridge in just over an hour.  We immediately reveled in the array of beautiful sites leaping out at us on the university campus nestled along the Cam River.  Our first stop was Queens’ College and its remarkable Mathematical Bridge.  The college spans both sides of the river (students jokingly refer to the newer half as the “light side” and the older half as the “dark side”), and the world-famous bridge connects the two.  The legend goes that the bridge was designed and built by Cambridge scholar Sir Isaac Newton without the use of nuts or bolts. But in fact it was built with nuts and bolts in 1749, 22 years after Newton died, and rebuilt in 1905.

Our next must-see site was King’s College.  During my college years at Washington University in St. Louis, I learned that Graham Chapel, our strikingly beautiful chapel–built in 1909 and the site of many exhilarating lectures and concerts (in which I often sang)–shared its design with that of King’s College, Cambridge.  So we headed right for it.  (Graham Chapel’s architect never maintained that it was an exact copy but was only partly modeled after King’s College Chapel, which is far larger.)

Entering the huge and impressive Cambridge version, we were suitably awed by its magnificence.  Begun by King Henry VI in 1446, it features the largest “fan vault” in the world and astonishingly beautiful medieval stained glass.  (A fan vault? It’s a Gothic vault in which the ribs are all curved the same and spaced evenly, resembling a fan.)

As we left the chapel, still reeling from all the stunning places we’d just seen, we noticed signs pointing us in the direction of punts available for a ride on the Cam.  The idea of “punting on the Cam”—riding down the river on one of the flat-bottomed boats that have been around since 1902–sounded wonderful.  We didn’t hesitate to pay the fare and immediately seated ourselves in one of the boats.

The river was serene, with only a few other boats floating nearby, and our punter, a charming young man in a straw boater hat, provided intelligent narration as we floated past the campus buildings stretched out along the river.  He propelled the boat by pushing against the river bed with a long pole.  His charm and good looks enhanced our ride enormously.

The boat wasn’t crowded.  An older British couple sat directly across from us, and we chatted amiably about Britain and the United States, finding commonality where we could.

The sun was shining, and the 70-degree temperature was perfect.  Beautiful old trees dotted the riverbanks, providing shade as we floated by, admiring the exquisite college buildings.

What’s punting like?  Ideally, it’s a calm, soothing boat ride on a river like the Cam.  Something like riding in a gondola in Venice, except that gondolas are propelled by oars instead of poles. (I rush to add that the gondola I rode in Venice had a much less attractive and charming oarsman.)

An article in the Wall Street Journal in November described recent problems caused by punting’s growing popularity.  Increased congestion in the Cam has led to safety rules and regulations never needed in the past.  According to the Journal, “punt wars” have divided the city of Cambridge, with traditional boats required to follow the new rules while upstart self-hire boats, which have created most of the problems, are not.

But luckily for Herb and me, problems like those didn’t exist in 1986.  Not at all.  Back then, floating along the river with my adored husband by my side was an idyllic experience that has a special place in my memory.

I don’t recall where I bought my leather key ring.  Perhaps in a small shop somewhere in Cambridge.  But no matter where I bought it, it remains a happy reminder of a truly extraordinary day.

 

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Posted in Bloomsbury, Britain, Broadway musicals, Cambridge, England, Cardiff, comedy, criminal defense lawyers, dining, law, lawyers, London, London theatres, mathematicians, punting, shopping, The Cam River, travel, University of Cambridge, Washington University in St. Louis

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John Grisham: Advocating Change via Great Storytelling

Posted on January 30, 2016 | 2 comments

I admit it. I’m a John Grisham fan. Ever since I read The Firm in 1991, I’ve read every one of his law-related novels, and I’ve relished reading all of them.

As a writer, I admire his highly readable writing style and the way his stories—filled with twists and turns–engage readers like me. As an erstwhile lawyer (like Grisham), I’m also in awe of his ability to skillfully weave legal issues into his stories.

Grisham’s latest, Rogue Lawyer, appeared last year, and I just finished reading it. What’s new in this novel is his protagonist, Sebastian Rudd, an extremely unconventional criminal defense lawyer who carries a gun and works out of a bulletproof van. Rudd, whose only friend is a burly paralegal/bodyguard, represents defendants other lawyers won’t. His encounters with a diverse group of atypical clients make up the gripping story lines that intersect in Rogue Lawyer.

What I found especially notable in this novel is Grisham’s focus on several significant issues that currently get some attention—but not nearly enough–in our current political and social climate.

Briefly summarized, here are some of the major issues Grisham highlights in Rogue Lawyer:

  • The corruption of our criminal justice system by some of the prosecutors, police officers, and judges who work within that system. Grisham focuses, for example, on what he sees as the rampant use of lies in court testimony by police and prosecutors. These lies, he makes clear, are aimed at convicting criminal defendants, fairly or not. Grisham unabashedly condemns the wrongful convictions that often result. As lawyer Rudd says at one point, “Getting a conviction is far more important [to these people] than justice.”
  • The use of phony “expert” witnesses in our courts. These witnesses are hired by lawyers to say what the lawyers want them to say. They “roam the country as hired guns testifying for fat fees.” Unfortunately, juries are usually impressed by these experts’ credentials and willing to take their testimony at face value, whether it‘s merited or not. Grisham writes that these experts brag about “their verdicts” (but rarely mention their “losses”).
  •  Human trafficking, which Grisham correctly calls “sexual slavery.” He points out, via one of his characters, that “[m]ost people in this country don’t believe there’s sex trafficking in their cities, but it’s there. It’s everywhere.” The traffickers “prey on runaways, homeless kids, girls from bad families looking for escape. It’s a sick business.” Fortunately, this issue is receiving increased attention. In San Francisco, a collaborative effort is taking aim at human trafficking, mounting an “awareness campaign” focused on reaching vulnerable teens.
  • The incarceration of one million “young black men now warehoused in decaying prisons, idling away the days at taxpayer expense,” the “unintended victims of tough laws passed by tough politicians over the past forty years,” mostly for nonviolent drug offenses. This is another issue that’s garnered more attention in the last few years, giving us some hope for change.

I commend John Grisham for shining light on these issues. His status as a best-selling author gives him a bully pulpit of sorts, a platform for raising the awareness of his readers. He told CBS News in October that he hopes Sebastian Rudd will reappear in more stories, exploring these and other issues he’s concerned about. He’d even like to see Rudd become the lead in a TV series whose episodes could touch on a wide range of important issues.

I hope that happens. And I hope that, via his storytelling, John Grisham’s focus on these kinds of issues has a broad impact on the public consciousness and leads to changes we sorely need.

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Posted in criminal defense lawyers, criminal justice, expert witnesses, human trafficking, incarceration, law, lawyers, police, politics, prosecutors

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Watching the movie “Z”: A tale of two Hoffmans

Posted on January 4, 2016 | 2 comments

January 1st marks an unusual anniversary for me.

On January 1, 1970, I watched the movie “Z”—a film I consider a powerful and enduring classic—under somewhat remarkable circumstances.

The 1969 film was directed by Costa-Gavras, a Greek-born filmmaker who lived in Paris. He based it on a book written in 1966 by Vassilis Vassilikos, who, using official documents, described the 1963 death of a Greek politician, Grigoris Lambrakis.

Lambrakis, an MD who taught at the medical school in Athens, was a leading pacifist and left-wing member of the Greek parliament. Shortly after speaking at an antiwar meeting in Thessaloniki, he was struck on the head by a club wielded by two far-right extremists. He later died of his injuries.

After his death, graffiti with the letter “Z” began to appear in Greek cities. Representing the growing protest against the right-wing government, it stood for the first letter of the Greek word, “Zi,” which means “he lives.”

In a filmed interview in 2009, Costa-Gavras discussed the making of “Z.” (You can watch this interview, as I did, on a DVD of “Z.”)

His focus was clear: political oppression. His cast: Yves Montand as Lambrakis, Irene Pappas as his wife, and Jean-Louis Trintignant as the prosecutor who slowly realizes what happened and is ultimately driven to seek justice against the wrongdoers.

In the film, a key scene takes place in front of the venue where Lambrakis is scheduled to give his speech. Many supporters have gathered to welcome him, but others in the crowd are demonstrators opposed to him and what he stands for. The local police are seen clubbing a few of the demonstrators. But it’s clear that the demonstrators are the bad guys–street toughs paid off by those in power to harm Lambrakis.

So it’s not the police who represent oppression here. Rather, it’s the demonstrators, one of whom strikes Lambrakis in the head. He’s stunned but goes ahead to give his speech. When leaving the venue, he’s struck once again, causing him to die later in the film.

Before he’s struck, Lambrakis asks, “Why do the ideas we stand for incite such violence?” Costa-Gavras’s answer: It’s all about power. Those in power will do anything to stay in power, and here that included the assassination of a political opponent.

Post-1963, Greek politics remained chaotic, and a 1967 coup by the military led to their control of the Greek government until their regime finally collapsed and democratic government was essentially restored in 1973.

I first saw “Z” at the Cinema movie theater in Chicago on New Year’s Day 1970.   The Cinema was an art-film theater located on Chicago Avenue near Michigan Avenue, and I saw many “art flicks” there when I was younger.  It’s long-gone, demolished and replaced by a high-rise building that includes a Neiman Marcus store.

I was a young lawyer working in an office that brought test cases on behalf of the poor.  I’d recently completed a clerkship with Judge Julius J. Hoffman, the judge who presided over “the Chicago 7 trial” (also called “the Chicago conspiracy trial”) that got underway in the fall of 1969 and was still ongoing in early 1970.  The trial stemmed from the turmoil engulfing the Democratic convention held in Chicago in 1968. (Happily, I never had to work on that trial. My clerkship was ending, and my co-clerk was assigned to that task.)

[FYI: I will discuss my tenure with Judge Hoffman in an upcoming post.]

I read about “Z” in Roger Ebert’s review in the Chicago Sun-Times in late December. Ebert was an unusually young and thoughtful movie critic, close to my own age, and I was a great fan of his reviews. This review, which called “Z” the best film of 1969, highlighted the political backdrop of corruption, and I was eager to see it.  I’d just said goodbye to a man I’d been dating—he was a bit too boring to abide any longer—and I set out on a cold and gray New Year’s Day to see the movie by myself. (As luck would have it, I met my adored and never-boring husband when I moved to sunny California a few months later.)

The film more than lived up to my expectations.  But what was especially striking about being in the audience that day was that, in the crowd waiting to enter the theater, was one of the “Chicago 7” defendants, Abbie Hoffman (no relation to Judge Hoffman).  In that era, Abbie Hoffman was a major figure in the protest movement opposing the government. All seven of the Chicago defendants were protesters indicted by “Tricky Dick” Nixon’s administration.

I didn’t agree with everything that Abbie Hoffman and his cohorts stood for, and I didn’t endorse their misconduct during the trial itself.  But I was opposed to the Vietnam War, sympathetic to other elements of the protest movement, and horrified later that year by events like the killings at Kent State.

As I watched “Z,” knowing that Abbie Hoffman was watching it at the very same time, I couldn’t help thinking of the parallels with Chicago.  Fortunately, our government (unlike the powerful right wing in Greece) didn’t promote assassination.

But there were parallels.  The attitude of local officials, including Mayor Richard J. Daley, toward the protesters who came to Chicago led to an overreaction by the Chicago police. Their violent conduct toward the protesters became obvious to everyone watching TV coverage of the Democratic convention. The U.S. Justice Department went on to indict Abbie Hoffman and the other defendants on charges brought under a law many viewed as unconstitutional.

But there was one sharp contrast between Chicago and Greece: the prosecutors.

I’d fallen halfway in love with Jean-Louis Trintignant when he starred in “A Man and a Woman,” a 1967 French film. Now, in “Z,” he portrayed a fair-minded prosecutor who becomes determined to hold the powerful to account. And he succeeds in indicting not only the two toughs who committed the murder but also the high-ranking military officers who supported them.

(The real-life prosecutor, Christos Sartzetakis, was twice arrested and imprisoned but triumphed after democracy was restored and was elected by the Greek parliament to serve as the country’s president from 1985 to 1990.)

By contrast, the prosecutors representing the Nixon administration in Chicago were politically ambitious and far from fair-minded. They were determined to convict the seven defendants, including Abbie Hoffman, whose protests during the convention had been largely peaceful. They secured as the trial judge a man whose usual bent was to rule in favor of the federal prosecutors who appeared before him, and he treated this trial like any other.

No one was killed in Chicago. And although the trial defendants were convicted, they were convicted only of contempt, and these convictions were mostly reversed by other courts. But the parallels between what transpired in Chicago and the story told in “Z” remain.

46 years later, “Z” is still a powerful film. And January 1, 1970, endures in my memory as a day that underscored the ugliness of political oppression both in Greece and in my own country.

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Posted in 1960s, 1969 movies, anniversaries, Chicago, Greece, lawyers, legal assistance to the poor, movie stars, movies, Nixon administration, politics

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You wouldn’t like me when I’m angry

Posted on June 30, 2015 | 2 comments

We see anger all around us. And it’s worse than ever. As The New York Times recently noted, rudeness and bad behavior “have grown over the last decades.” The Times focused on rudeness and incivility by “mean bosses” who cause stress in the workplace, but the phenomenon is widespread, appearing almost everywhere.

Along with mean bosses, we’ve all witnessed incidents of “road rage.” These sometimes lead to fatal results. I can understand road rage because I’m susceptible to it myself, but I strive to keep it under control. (I’m usually satisfied by hurling vicious insults at other drivers that they fortunately can’t hear.)

As a pedestrian, I’m often angered by rude and careless drivers who nearly mow me down as I walk through a crosswalk. Fortunately, my rage is usually tempered by my silent riposte, “I’m walkin’ here,” Ratso Rizzo’s enduring phrase.

Other common examples of anger include parents’ frustration with their children’s behavior. You’ve probably seen parents going so far as to hit their children in public, unable to restrain their anger even when others are watching.

Can we deal with anger by seeking revenge? That tactic, unwisely adopted by the two enraged drivers in the Argentinian film “Wild Tales,” may be tempting, but it’s clearly not the answer. Why? Because being angry simply isn’t good for your health.

Although anger can be useful—helping the body prepare to fight or flee from danger–strong anger releases hormones, adrenaline and cortisol, into the bloodstream. These can trigger an increase in heart rate and blood pressure and problems metabolizing sugar (leading to still other problems).

According to the Times article, Robert M. Sapolsky, a Stanford professor and author of “Why Zebras Don’t Get Ulcers,” argues that when people experience even intermittent stressors like incivility for too long or too often, their immune systems pay the price. Major health problems, including cardiovascular disease, cancer, diabetes, and ulcers may result.

A host of medical researchers are not at all upset to tell you the results of their studies. “Anger is bad for just about everything we have going on physically,” according to Duke researcher Redford Williams, co-author of “Anger Kills: Seventeen Strategies for Controlling the Hostility That Can Harm Your Health.” Over time, he adds, chronic anger can cause long-term damage to the heart.

For example, new evidence suggests that people increase their risk for a heart attack more than eight times after an extremely angry episode. A study published in March 2015 revealed that patients who’d experienced intense anger had an 8.5 times greater risk of suffering a heart attack in the two hours after an outburst of intense anger than they would normally.

The study, published in the European Heart Journal: Acute Cardiovascular Care, focused on patients in a Sydney, Australia, hospital who’d been “very angry, body tense, maybe fists clenched, ready to burst,” or “enraged, out of control, throwing objects, hurting [themselves] or others.” Although those are instances of extreme anger, not a typical angry episode, the finding is useful nonetheless.

A review of nine other studies, including a combined 6,400 patients, found a higher rate of problems like strokes as well as heart attacks and irregular heartbeat.

According to a recent article in The Wall Street Journal, most doctors believe smoking and obesity pose greater heart risks than anger does. But someone with risk factors for heart trouble or a history of heart attack or stroke who is “frequently angry” has “a much higher absolute excess risk accumulated over time,” according to Elizabeth Mostofsky at Boston’s Beth Israel Deaconess Medical Center, who help lead the nine-study review.

As the Journal article noted, some older studies have suggested that anger may be linked to other unfavorable results: increased alcohol consumption, increased smoking, and greater caloric intake. One study also found that high levels of anger were associated with serious sleep disturbances.

How do we deal with all of this anger? Anger-management counselors like Joe Pereira, cited by the Journal, recommend ways to curb hostility. First, avoid assuming others are deliberately trying to harm or annoy you. Also learn to tolerate unfairness, and avoid having rigid rules about how others should behave. “The more rules we have, the more people are going to break them. And that makes us angry,” Pereira says.

Experts also advise taking a timeout when one is gripped by anger. Karina Davidson, director of the Center for Behavioral Cardiovascular Health at Columbia University Medical Center, advises those who are prone to shouting to tell others “I’m very [hotheaded and] say things that don’t help the situation. It would help me if I could have 10 minutes and then maybe we could work together to resolve the situation.”

Lawyers are people who deal with anger all the time. As long ago as ancient Rome, the poet Horace wrote that lawyers are “men who hire out their words and anger.” Today, lawyers not only confront angry clients but also have to manage anger stemming from their opponents and themselves.

An article in the June 2014 issue of California Lawyer noted that lawyers currently face “an epidemic of incivility contaminating…the profession.” The authors, Boston lawyer Russell E. Haddleton and Joseph A. Shrand , M.D. (author of “Outsmarting Anger”), noted that the California Supreme Court had just approved a revised oath of admission requiring that new lawyers commit to conducting themselves “at all times with dignity, courtesy, and integrity.”

Acknowledging that incivility will continue to crop up, the authors maintain that an angry lawyer is an ineffective advocate. They suggest a number of things lawyers can do to stay calm. Tips like these can help all of us.

Among their suggestions: Begin by recognizing the physical signs of anger, and think of ways to change the situation. Next, try to avoid being jealous of a talented adversary. Jealousy can cloud one’s vision and ignite anger. Finally, to defuse anger “in yourself, your opponent, the judge, jurors, or a witness,” they advise lawyers to aim for a calm demeanor that displays empathy, communicates clearly, and above all, shows respect for others.

“Respect” is the key watchword here. The authors argue that it gives lawyers an advantage by allowing them to use reason and common sense instead of rashly reacting to what goes on in a courtroom. Lawyers who reject angry responses and choose a respectful approach are better advocates. This approach can clearly help non-lawyers as well.

In the current Pixar film, “Inside Out,” an 11-year-old girl struggles with her emotions. The emotion of Anger (voiced by Lewis Black) sometimes tries to dominate, but the emotion of Joy (voiced by Amy Poehler) seeks to keep it under control, not letting it take over. This may be the answer for all of us. If we try to find the joy in our lives—the good things that make us happy–we can triumph over anger and all of the dangerous consequences that flow from it.

We don’t have to turn into a large green Hulk every time something angers us. Let’s try instead to emulate the non-angry side of the Hulk.

I plan to do just that. You’ll like me much better that way.

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Posted in Anger, anger-management, health, heart attacks, high blood pressure, lawyers, respect, revenge, strokes

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