BY THIS LAWYER’S LIGHT

This is the third and final week of guest columnists.  Batting today is a return visit  by Harry K.

 

Representation of a divorce client: $20,000

Representation of a large company in a contractual dispute: $200,000

Representation of a poor person accused of a crime: Priceless.

 

I’m  often  asked, “How can you represent someone you know is guilty?” and “Why do it when it doesn’t even make you rich?”  For the record, I am very rich, rich in the incalculable rewards that come from representing the very poor.

There have been times that I haven’t had enough change in my pocket to buy coffee.  But I always knew there was going to be more money coming.  Those of us who always had a roof over our heads cannot imagine the skills, the resourcefulness, the tenacity, the sheer will that it takes to survive POOR.  When medical, mental health, or addiction problems are added to the picture, some of us might become judgmental.  But when you meet a real human being, when you touch, smell, hear, listen and talk to them, it’s impossible not to want to translate your brief moments together into an opportunity for them to make a life better than the one they are living.

It’s really all about power.  Maybe you’ve felt the powerlessness of being unable to relieve a loved one’s pain, or not being believed when telling the truth.  Now imagine that you had the power to relieve that pain or to persuade that doubter.  That’s what it feels like to represent a poor person.

Take my Haitian immigrant client in the lockup last week.  The mother of his two kids claimed that he’d pushed and choked her after having too much to drink.  He got arrested and she got a restraining order, so he had to scramble for another place to live. When he sent her a text to see if he could visit the kids, she called the police and he was arrested again for violating the restraining order.  Time passed, the kids clamored to see their dad, so she invited him over.  They argued again, she called the police again, and he got arrested again.  I’m seeing him in the lockup because his bail has been revoked.

He’s been brought to court for trial about the pushing and choking that started it all.  He is in the U.S. legally, but could suffer any number of immigration consequences if found guilty.

Some might think: he shouldn’t have put his hands on her, or what an idiot he was to have texted her and gone over there.  Some people think, send him back to Haiti.

But I think about him in jail.  He can’t see or call his kids.  The only pictures he has of them are on the phone that was confiscated.  He can make only collect calls, and only to those people whose numbers he actually remembers–a job his phone used to do.  If his cellmate is a screamer, there’s no spare room.  He has lost the hourly rate paying job that took him months to find.  He is powerless.  I am the only force in the world that can help him change his situation.

So I do.  Will he stop drinking too much?  Will he be able to spend more time with his kids?  Will he control his anger?  Will he get another job?  These questions are his to answer, but at least I can help him to regain the possibility of power over his future.

Are some of my clients guilty?  Of course.  And some are not.  John Adams once said: “It is more important that innocence be protected than it is that guilt be punished, for guilt and crimes are so frequent in this world that they cannot all be punished.  But if innocence itself is brought to the bar and condemned, perhaps to die, then the citizen will say, ‘whether I do good or whether I do evil is immaterial, for innocence itself is no protection,’ and if such an idea as that were to take hold in the mind of the citizen that would be the end of security whatsoever.”

Guilty or innocent, my clients are people with problems on a scale that most of us cannot understand.  Imagine wondering how you’re going to find a place to sleep for the night.  Every night.  Imagine being branded a sex offender for the rest of your life for having sex with a fifteen year old girl when you were eighteen and her parents involved the police.  Imagine seeing the look in people’s eyes who believe you to be a criminal because of your skin color.  Imagine being presumed to be guilty.

There are injustices to right, and power to be kept balanced.  That’s why I look forward to seeing my clients every day.

“Power must never be trusted without a check.” John Adams

I.M. WITH MOM

Next up during my recovery month (which is going well) is Harry K.  Enjoy!

 

K.: I just met with a career prostitute.

M: Oh my goodness!

K.: She talked to me for three hours about her experiences.

M: Another chapter for your “chick lawyer” book?

K.: Probably. I’ve been thinking about chapter headings. Maybe one could be, “Harry, what should I wear to Court?”

M: I remember thinking it needed more chapters.

K.: Or another, “Harry, will you buy me some cigarettes?”

M: Good…! Keep thinking!

K.: “Harry, am I going to jail?”

M: Yes!

K.: These are the common questions and many anecdotes flow from these.

M: I can only imagine.

K.: The prostitute’s stories were amazing.

M: Yes, I’ll bet, and think of the ones she did NOT tell you.

K.: She was arrested for indecent exposure once because she was wearing a very tight cat suit. She represented herself.

M: Did she win?

K.: She stood up at her arraignment and said to the judge,…

M: Male or female judge?

K.: Male. So she said…

M: Suspense is killing me!

K.: “Your honor, you see anything indecent about me?”

M: Lol.

K.: She also told the judge, “I’m from New York, and this is how we dress, and when I drove over the border, I saw a sign about not having any guns, but I didn’t see nuthin ’bout no dress code!!”

M: ROFL!

K.: Yea, I liked that one a lot. She won, too. Case dismissed at arraignment.

M: Good for her.

K.: She stabbed a guy once, too.

M: Such talent…wasted on johns.

K.: Apparently the cops knew her well enough to know that she was justified.

M: Self defense?

K.:  Yea.

M: What else have you been up to?

K.: Well, I went to the jail to visit a couple of my guys recently.

M: I bet they’re not as interesting.

K.: They have some amazing stories too, but that prostitute was pretty remarkable.

M: Yes, I can tell.

K.: One of my guys has a tendency to use a lot of malapropisms. He said he had a “pleflora” of papers.

M: Not a malapropism exactly.

K.: No, but cute. Another time he said something about “racial epitaphs.” And he said that the cab of his truck vibrated and “cogitated like a washer/dryer.”

M: I see that for all intensive porpoises he was still able to get his point across…

K.: Despite the flaw in his ointment…

M: Did you insure him that you would profligate him through the lecherous waters of the system?

K.: Yes, yes! He’s been hanging around in libido for so long that any progress will make him extantic! The prosecutor is venomously opposed to a dismal of the case!

M: Stop stop!! Lol!

K.: By the way, he injured his onus.

M: ROFL!

K.: Anyway, back to the jail. I was surprised by the number of unsupervised children playing just outside the doors. It was dark out.

M: How old were they?

K.: Well, I’m no good with that, not having had any myself….

M: Yes. Big disappointment.

K.: Sigh. I’d say they were maybe eight or nine years old.

M: Were the guards watching them?

K.: No, not even the guards seemed to notice them. It was downright Dickensian.

M: Did the kids notice you?

K.: Yes, they immediately stopped sliding down the rails and running in circles to rush up to me to say hello!

M: Cute!

K.: Yes, but weird. Anyway, I had some serious trouble with the metal detector.

K.: Yes, but weird. Anyway, I had some serious trouble with the metal detector.

K.: I did get in finally – I’ve gotten pretty good at navigating the process – getting the right clipboard of forms – lining up the grooves in the locker tokens with the nubs in the locks – -figuring out how to switch off between walking shoes and high heeled shoes and such.

M: So what happened with the metal detector?

K.: The underwire bra phenomenon!

M: Oh dear.

K.: Yea, no visible metal on me anywhere – rings, off; glasses off; watch, off. Annoying buzz nevertheless.

M: How did you figure out it was your bra?

K.: The dreaded WAND detector! Silent over the legs, silent down the arms, silent over the back, BEEP BEEP BEEP over the breasts!  Cripes.

M: Well, you know, you don’t really need to wear a bra…

K.: Yes, Mother.

M: We’ll have to figure a way to work it into the chick lawyer book.

K.: That should be easy. If I ever get around to writing it…

M: How is music going? Are you going to start your own band some time?

K.: Nah.

M: Even go on the road?

K.: Nah.

M: You could get preggers!

K.: Sigh.

M: Well, Em, I really don’t know how you do it all [admire, admire]. I’m glad to know it’s my daughter who is being one of the GOOD ones, giving lawyers a GOOD name for a change.

K.: Awww, thanks, Mom. I love you!

M: I love you, too.

K.: Later.

M: Later.

THE EYES HAVE IT

When I first sat down to write this post a number of ideas flashed through my mind, but I just didn’t feel like heavy this week.  So I’m doing what a ton of bloggers get shit about.  That is, writing about what they had for breakfast.

But I’m not gonna write about breakfast.

When I got my new eye prescription, I put the lenses into a pair of frames I’d been using for years.  I like them, but it was also time for something different.  Really different.  Then a Groupon coupon that would save me some serious shekels sealed the deal.  I committed myself to a store where I’d seen odd and wild frames in their window.  Hey, spring is just around the corner.  The greening of Zach.

This “new image” idea actually began a few years ago when I spent a week with Sue’s relatives in an Adirondack cabin where Calvin Coolidge used to summer.  Twelve year old Bella had blue frames that I adored.  Problem was, I worked with lawyers then and spent a fair amount of time in court.  I always removed my earrings, but still played fast and loose with turtlenecks rather than shirts and ties.  But blue glasses…way out of bounds.  I’d hate to have any jury affected by my questionable fashion sense.

But I don’t go to court anymore.  Which made it time to stretch.  To find those blue frames, or their 2012 equivalent.  Sue graciously accepted my invitation to come along.  Perhaps it was a defensive move.  In other, similar, circumstances she had let me shop alone, then greeted me and the results with a sadly shaking head. (I never brought home a leisure suit, I swear.)

You gotta love Harvard Square.  Hell, if we melted down all the silver and gold attached to the bodies we’d all be rich, though I’m not one to cast aspersions given my earrings and bracelets.  The young women in the eyeglass store were also loaded with facial (and I’d guess body) piercings, still, they looked at me funny when I said I wanted something a little outrageous.  Couldn’t blame them–I was a sixty-three year old in a store meant for twenty-somethings.

After those initial glances, the two youngsters took me on. I guess there’s enough strange in Harvard Square to allow for mine.  Along with Sue, they cheerfully pitched in.  I felt like I had three personal shoppers all bringing me frames to try on.  Which was incredibly helpful.  Despite my vision of blue, I had no real idea about what I was looking for.

Odd how often that happens.  I knew I wanted something different, but when it came right down to it, I felt like I’d walked into a room to get something, but was stopped cold in my tracks upon arrival.  I was there for a reason–hell, I could taste it–but for the life of me couldn’t figure out what.

Here, it was did I want round fronts?  Go for a 1950s look with dark on top of the lens that fades to grey as it circles the bottom?  Was I interested in a return to the 70s with “aviators?”  So many questions and a whole lot of choices.

Went through the blues (surprise, surprise), but either they weren’t the shade I wanted or were the wrong shape for my face.  Moved on to green, purple, and even mustard.  Same problems.  Either the color or shape didn’t quite cut it.  I was beginning to think my quest was gonna end in disappointment.

Sue and the clerks saw the beginning of my funk and suggested I slowly, methodically go shelf by shelf instead of taking the kid in a candy store approach I’d adopted as soon as we’d walked in.  Off I went, this time looking carefully at each frame.  Wouldn’t you know it–about halfway around the track, an oversized fuchsia caught my eye and found its way onto my face.  I liked them, liked them as much as Sally Fields believed the members of the Academy liked her.  I thought I had finally found my frames until the younger and more metallized of the women slid next to me.  Aware that I was beaming and also aware that Sue had simply shrugged, she carefully chose her words.

“It seems you like this pair.”

“I do, actually.”

“They are pink, you know.”

The pink was what had attracted me.  And I was old enough to be secure of my sexuality.

“I know,” I replied.

“The shape works, but they really look Elton John.  Want to try them in tortoise shell?”

I shook my head, watching the color catch the light.

“And I think I have a pair you’ll like better.  Wait here and I’ll get them.”

Wait here?  Of course I was going to wait here.  Wait and think about whether I wanted to look like Elton. “I’m not the man they think I am at home. Oh no no no, I’m a rocket man.”  Hadn’t he been recently honored at the Kennedy Center Lifetime Achievement Awards?

The young lady returned and fidgeted.  “I would feel like a used car salesman if I let you buy that pair of frames,” she said earnestly.

“Rocket man burning out his fuse up here alone…”

She handed me a pair of absolutely clear, round frames and suggested I try them on.  Truth was, they fit my face perfectly.  And their clearness was definitely outside my normal groove.  Still, with the pink, I could be Rocket man.

As I stared hard into the mirror it eventually dawned.  I wasn’t Elton John, was never gonna be Elton John, and I don’t really enjoy burning out my fuse alone.  Plus, I never even cared about Lady Di.

But I was the reflection I saw behind those clear frames and knew it.  I guess pink, blue, green, purple, and mustard are just going to have to wait.  Maybe when I’m 64.

The Boy Wondering:  “I’m at an age where I only use the word ‘hip’ to describe an ongoing medical condition.”

POETRY SPEAKS

I’m the last person to write about the quality of anyone’s poetry, though I did go through my e.e. cummings, Ferlinghetti, Ginsberg, Hughes, Bukowski, and Emily Dickinson phase many, many years ago. Still, every once in a while a poem, or even a snippet of one whacks me upside the head.

That’s what happened the other night.  Went to see Superior Donuts at the Lyric Stage Company in Boston. (http://www.lyricstage.com/)  In the front of the playbill, the poet Countee Cullen was quoted:

So in the dark we hide the heart that bleeds,

And wait, and tend our agonizing seeds.

At first I naturally applied the words to the play’s action and meaning.  The bottled-up pain each of the characters carried–the bottled-up hurt, desperation and hidden hopes each of us carry.

Then I flashed on a recent post (three before this one called WHERE EVERYBODY KNOWS YOUR NAME–01/23/2012) where I wrote about my concern for the Third World and the tragedies people living there face every day of their lives.  Do they harbor “seeds?”  Do they dream of a time with a better life?  A time with more?  Then I looked up Countee Cullen’s life and decided that Third Worlders must.  Cullen obviously had a different kind of struggle, a Black man born in 1903, abandoned by his mother, orphaned at nine when his grandmother died, became a recognized poet whose work lives on to this day.  That could not have occurred without the man clinging to his ‘agonizing seeds.’

Many of us Progressives who have more than either Cullen or people in the Third World, still live with hearts that bleed plenty–for ourselves and our times.

Many of my friends believe that we as a nation have no place to slide except down.  They see our economy as buttressed by smoke and mirrors, the hopes we held in the 60s shattered, the dystopian violence depicted in movies and television either a reflection of what is or a harbinger of what’s to come.  That sooner rather than later the ‘haves’ will have completely, swallowing those that don’t–even the middle class.

I understand their thinking.  It’s the part of my heart that “bleeds.”  But I prefer tending to my “agonizing seeds.”

I believe our world can and will become a better place for those with less.  It’s happened before.  The Great Depression were cataclysmic years where most people had little in which to hope.  Yet here we are, economically and even culturally better off.  True, the basic power paradigm of the country remained the same, still I doubt you’d find too many people who preferred living in the 1930s than the late 40s, early 50s.

It might be more difficult now to tend our “agonizing seeds.”  We are no longer isolated from the rest of the world, in fact, so closely intertwined with other nations that a troubled European economy has the potential to tsunami us.  And even with these interlocks we continue to consistently ignore or abuse countries that have the greatest needs.

Only, what if we turned the preceding paragraph on its head?  What if we take the word ‘difficult’ and replace it with ‘possible?’

Yes, it’s a gargantuan task.  Progressives live in a society that still rejects evolution, censors textbooks, continues its institutional racism (despite a Black president), and shovels money to the rich and powerful at a ferocious rate of speed.

But has there been a better time to realign the paradigm?   Certainly the Internet brings the people of the world together–not simply governments.  Just look at its effect upon the course of the Arab Spring or The Occupy Movement.  Change is in the air.  The only question is what kind of change will it be–floating with Greenpeace boats or…

And when Progressives put our voices together and no longer allow minor ideological differences to keep us apart, to speak to those who, up until now, we have ignored, this country will change for the better.  And progressive change here means change throughout the world.

So in the dark we hide the heart that bleeds,

And wait, and tend our agonizing seeds.

We need not simply “tend to our agonizing seeds.”  It’s time to plant.  We need not “hide the heart that bleeds,” but show it to everyone we can.  Each of us to do and say who we are, what we believe in.

It’s too late in the day to suffer in silence.

Cory Booker: Enthusiasm doesn’t come by chance, it is generated by choice.

 

HAPPY NEW YEAR

I want to thank everyone who has stopped by and put up with my head.  Especially those of you who took the time to comment.  I don’t think the past year has been particularly easy for anyone, so let’s hope 2012 will be uplifting and loving.

I’ll be back on the 9th and will do my best to keep you interested–I wouldn’t be here without you.
…Zach

“The great thing in the world is not so much where we stand, as in what direction we are moving.”
Oliver Wendell Holmes