Got my picture in the paper yesterday, along with a nice article. That's supposed to be a big deal, and I thought I would feel really proud. Instead the public comments -- at least those posted to the online version -- said I should be hanged for treason as a traitor to the United States, disbarred, and put in jail. Ordinarily I do not spend a lot of time reading those comments, and I should not have changed that practice. The ideas spat out by those persons caused me to think.
What I do is not for the purpose of seeking praise from the public or getting my name and picture in the newspaper. Neither is it to receive a pat on the back. I do not expect everyone to understand what I do or to agree with the work. My time and services are donated to help persons who cannot afford to hire a lawyer. I select them to be my clients, and they agree to let me serve as their attorney. I cannot take care of the entire world, but I use my time wisely so that I can represent as many as possible that I can help. I do it because I believe it to be the right thing to do. It is my duty -- plain and simple.
I have always told the people I mentor to do the right thing for the right reason, then not to worry about the results. Both parts of the equation must be there (the right thing and the right reason) for this to be true. I think I learned yesterday that if a person plans to serve in a leadership role or any type of decision-making capacity, there will always be someone with something negative to say about your work. For this reason, it helps to hearken back to the basic rule: Do the right thing for the right reason & don't worry about the results.
By reading the comments section I let myself get caught up in the critics, knowing their measure is not the ultimate test. I'll try not to make that mistake again.
Maybe one way to avoid it is by trying what I did on Friday. I unplugged. I did not turn on my computer. I did not make a single call on my cell phone. I did not send one email. I did not write my blog or do anything else that required a technological bone in my body. I read a book, an old-fashioned one, the kind with paper pages that must be turned by hand. I watched football on TV and I ate leftovers from Thanksgiving dinner. And I remembered again all the reasons why I am thankful.
Then on Sunday I heard about a man who made a secret gift during the Great Depression to people who could not afford anything for Christmas. His grandson has written a book about his story called, appropriately, A Secret Gift: How One Man's Kindness - and a Trove of Letters - Revealed the Hidden History of the Great Depression. In Canton, Ohio shortly before Christmas in 1933, Sam Stone anonymously offered $10 to 75 of the town's neediest families if they responded to an ad describing their hardships. The checks were written by Mr. B. Virdot and no one ever knew who he was until a suitcase was discovered 75 years later by Sam Stone's grandson, Ted Gup, the book's author. The suitcase held all those letters. Mr. Gup tracked down the descendants of the check's recipients and put together a reunion and wrote a book about what he found. It's a wonderful story about the joy of doing good for others.
Doing good for others is a noble aspiration. As lawyers it is part of our ethical rules to perform pro bono work each year. The term pro bono means "for the public good." I may not be able to hand out checks at Christmas as Mr. Stone did in 1933, but I can give what I have: my time and my service as a lawyer. I get to say which clients I will serve. It will not be left to the peanut gallery in the comments section of the newspaper.
Sez Who?
I say and my clients say. That is all that matters.
By the way, Sam Stone was a Romanian Jew that had told everyone he was born in Pittsburgh. He made a difference in a lot of people's lives every year -- especially at Christmas.
Tuesday, November 30, 2010
Sunday, November 21, 2010
Changing the Channel
I just implemented a practice that I didn't know I had already started. Yesterday I had some extra time to think (won't explain the circumstances), but anyway, I realized that over the past recent time I had started changing the channel when anything about the Palins came on TV. Well, it all came to a head Friday night when I was reading one of the blogs I regularly read and they started going off about Sarah Palin's children.
Apparently there was some controversy about something one or two of them had posted on their Facebook pages, gay slurs I believe. This came after an entire week of nonstop coverage of the Dancing with the Stars shocker when Brandy and Maks received a perfect score of 30, yet Bristol Palin and her partner Mark Ballas somehow escaped elimination to make it to the finals. I had only watched to see the dancing, and now that was ruined because Bristol really can't dance. Everywhere I turned there was talk of conspiracy and ballot stuffing, ways to "outwit" the controls set up by ABC for the voting. Finally, toward the end of the week, the media started to focus on Sarah Palin's new book coming out soon.
What I noticed was that I had started changing the channel when something came on about the Palins. So I decided to merely formalize in my mind what I was already subconsciously doing anyway. Don't get me wrong: I'm not a Sarah-Hater. I'm just bored with it all. She's totally irrelevant to my life and I have no desire to know anything about what she or her clan might be doing or saying or thinking.
I've been to Alaska already and I still have friends there. If I need any information about Alaska, I can get it. Since I am not a reality-show fan anyway, there is no reason for me to watch the new show her family has on TV.
So ABC-TV just started to show something about the upcoming episode with Bristol Palin on Dancing with the Stars. I changed the channel. It didn't matter where I went. Turns out I got cartoons on CBS. That was okay because I only had to stay a minute or so because ABC didn't stay with Bristol very long. They were quickly on to another story.
The same thing goes for the radio -- regular and satellite. I will change those channels, too. I will also turn the magazine or newspaper page and click the mouse button to skip past anything to do with the Palins. I am not interested in the gossip about their marriage or the politics of whether Sarah may run in 2012 or the news on what Bristol may or may not win.
Just. Don't. Care.
Thank goodness that an ad is on right now hawking Andrea Bocelli's White Christmas album. I can listen to his singing day and night. In fact, I think I may put on one of his CDs right now.
Happy Thanksgiving.
Apparently there was some controversy about something one or two of them had posted on their Facebook pages, gay slurs I believe. This came after an entire week of nonstop coverage of the Dancing with the Stars shocker when Brandy and Maks received a perfect score of 30, yet Bristol Palin and her partner Mark Ballas somehow escaped elimination to make it to the finals. I had only watched to see the dancing, and now that was ruined because Bristol really can't dance. Everywhere I turned there was talk of conspiracy and ballot stuffing, ways to "outwit" the controls set up by ABC for the voting. Finally, toward the end of the week, the media started to focus on Sarah Palin's new book coming out soon.
What I noticed was that I had started changing the channel when something came on about the Palins. So I decided to merely formalize in my mind what I was already subconsciously doing anyway. Don't get me wrong: I'm not a Sarah-Hater. I'm just bored with it all. She's totally irrelevant to my life and I have no desire to know anything about what she or her clan might be doing or saying or thinking.
I've been to Alaska already and I still have friends there. If I need any information about Alaska, I can get it. Since I am not a reality-show fan anyway, there is no reason for me to watch the new show her family has on TV.
So ABC-TV just started to show something about the upcoming episode with Bristol Palin on Dancing with the Stars. I changed the channel. It didn't matter where I went. Turns out I got cartoons on CBS. That was okay because I only had to stay a minute or so because ABC didn't stay with Bristol very long. They were quickly on to another story.
The same thing goes for the radio -- regular and satellite. I will change those channels, too. I will also turn the magazine or newspaper page and click the mouse button to skip past anything to do with the Palins. I am not interested in the gossip about their marriage or the politics of whether Sarah may run in 2012 or the news on what Bristol may or may not win.
Just. Don't. Care.
Thank goodness that an ad is on right now hawking Andrea Bocelli's White Christmas album. I can listen to his singing day and night. In fact, I think I may put on one of his CDs right now.
Happy Thanksgiving.
Thursday, November 18, 2010
The Times They Are A-Changin'
I live in a large metropolitan city in a multi-ethnic county that has been changing over the years that I been here. Although this is the city of my birth, I spent most of my formative years in the small-town life familiar to so many other Americans (or at least so many other Texans -- ha, ha). I left for the big city at age 17 and have been here ever since. Some of the changes have been quite obvious, others much more subtle. Some we simply think we see or feel, but may not quite be sure of -- or may even want to ignore.
I've had the privilege of hearing a couple of presentations given by a university professor who has performed research about contemporary perspectives of the citizens of my county. He's done the same survey for the past 29 years. It employs scientifically valid methods and is statistically reliable. The survey measures attitudes toward education, taxation, immigration, crime, health care, mobility and transit, the local and national economy, religious and political beliefs, views on homosexuality and abortion rights, and their family structures.
Because the same questions are used, fascinating shifts emerge over the years that can be seen more clearly than with surveys taken on a less frequent basis. Additionally, the surveys give more detailed demographic information that show where the trends or shifts are occurring. That kind of information can be very helpful for policymakers (or for savvy marketers, inventors or other opportunists).
Some of the highlights from the 2010 report:
http://has.rice.edu/
So what's the point of all this? I remember a speech I heard 25 years ago by a demographer -- yes, that really was his profession -- when I was at a week-long conference. This gentlemen predicted the fall of the USSR, the reunification of East and West Germany, and also explained how the faces of the U.S. would be changing over the coming generations. (He also said employers would have a hard time finding qualified workers because of the incarceration rates and other issues -- so he was right about that one, too.) That speech (and his slides) set me on a course of watching for the development of these demographic changes in America. As surely as I am sitting here, those changes have come to fruition.
The changes are the result of a number of things. One of those is the phenomenon of the Baby Boomer generation. There are a lot of us -- but we are now gray, some still in the workforce, some retired. By and large though, we are moving toward the side of the stage, not the center any longer. (This is a difficult fact to accept for many of us. Personally, I'm still demanding the spotlight most of the time, although I can move over now and then.)
Most of the Baby Boomers did not have that many children in their families. That generation, known as GenX or GenY, depending on how fast the Boomer got busy procreating, is not as large. On the other hand, America has seen a lot of growth through immigration -- a lot of that has been legal and some not legal. Growth rate among Hispanic residents of the U.S. is at a higher proportion than that of non-Hispanic Whites, and even higher still among Asian Americans, with Blacks somewhere in between. The U.S. Census has projected that by 2042 the country will become a "majority minority" nation. In four states that has already occurred: California, Texas, New Mexico, and Hawaii.
People can rant all day long about illegal immigration, but that is not the problem here. It is very simply the growth rate among those people that already have gotten here. Old 60-ish white guys can't produce enough children to turn the tide. That ship has sailed, and the ranters should just get over it.
Instead, I have chosen to embrace the change. I believe that diversity is a benefit. We can learn from each other and gain valuable insight from the different experiences and background that people who are not from our same background bring with them. A shining example of our diverse community could be seen yesterday at the City Council meeting as the new municipal judges, associate judges, and hearing officers were presented by the mayor for confirmation. I encourage you to follow the link and watch the meeting as the people are introduced and the various council members greet the judges and pay their respects. (Be sure to stop the "reading of the agenda" and go to "items 1-3" at about the 3:30 point).
I know two of the judges from when we were in law school and a third one is a friend of mine. Phyllis is a trailblazer whom I admire greatly. Perhaps I will write about her some other time.
http://houstontx.city.swagit.com/player.php?refid=11172010-1
So today I am grateful to embrace change instead of being afraid of it. I am grateful to have a friend like Phyllis who has been through the battles and now is receiving well-deserved respect and rewards.
I've had the privilege of hearing a couple of presentations given by a university professor who has performed research about contemporary perspectives of the citizens of my county. He's done the same survey for the past 29 years. It employs scientifically valid methods and is statistically reliable. The survey measures attitudes toward education, taxation, immigration, crime, health care, mobility and transit, the local and national economy, religious and political beliefs, views on homosexuality and abortion rights, and their family structures.
Because the same questions are used, fascinating shifts emerge over the years that can be seen more clearly than with surveys taken on a less frequent basis. Additionally, the surveys give more detailed demographic information that show where the trends or shifts are occurring. That kind of information can be very helpful for policymakers (or for savvy marketers, inventors or other opportunists).
Some of the highlights from the 2010 report:
- In 1980 63% of the population in this county was Anglo. Today non-Hispanic whites comprise less than 35% of the population.
- When asked which of two proposals would be more effective in reducing crime, 79% chose "spending large sums of money to reduce poverty and keep young people in school," rather than "spending the same money to send criminals to prison and keeping them there for a long time." In 1999, 50% endorsed the first alternative.
- 69% agreed that "Individuals in possession of small amounts of illegal drugs should be fined rather than sent to jail." Just 26% disagreed with this suggestion.
- The proportion of people in favor of "homosexuals being legally permitted to adopt children" increased from 19% in 1991 to 28% in 2000 to 37% in 2004 to 43% in 2008 to 52% in 2010. Agreement that "Marriages between homosexuals should be given the same legal status as heterosexuals" grew from 32% in 2007 to 43% in 2009.
- Support for "allowing gays and lesbians to serve openly in the military" has increased from 52% in 2000 to 64% in 2008 to 73% in 2010.
- The proportion in favor of "allowing homosexuals to teach in public schools" grew from 48% in 1992 to 59% in 2009.
- Conversely, the views on abortion rights have not changed significantly, or if anything a slight decrease. The belief that "It should be legal for a woman to obtain an abortion if she wants to have one for any reason" was held by 56% in 2006, 54% in 2008, and 50% today. Opposition to "a law that would make it more difficult for a woman to obtain an abortion" was expressed by 63% in 2001 and 54% in 2009.
http://has.rice.edu/
So what's the point of all this? I remember a speech I heard 25 years ago by a demographer -- yes, that really was his profession -- when I was at a week-long conference. This gentlemen predicted the fall of the USSR, the reunification of East and West Germany, and also explained how the faces of the U.S. would be changing over the coming generations. (He also said employers would have a hard time finding qualified workers because of the incarceration rates and other issues -- so he was right about that one, too.) That speech (and his slides) set me on a course of watching for the development of these demographic changes in America. As surely as I am sitting here, those changes have come to fruition.
The changes are the result of a number of things. One of those is the phenomenon of the Baby Boomer generation. There are a lot of us -- but we are now gray, some still in the workforce, some retired. By and large though, we are moving toward the side of the stage, not the center any longer. (This is a difficult fact to accept for many of us. Personally, I'm still demanding the spotlight most of the time, although I can move over now and then.)
Most of the Baby Boomers did not have that many children in their families. That generation, known as GenX or GenY, depending on how fast the Boomer got busy procreating, is not as large. On the other hand, America has seen a lot of growth through immigration -- a lot of that has been legal and some not legal. Growth rate among Hispanic residents of the U.S. is at a higher proportion than that of non-Hispanic Whites, and even higher still among Asian Americans, with Blacks somewhere in between. The U.S. Census has projected that by 2042 the country will become a "majority minority" nation. In four states that has already occurred: California, Texas, New Mexico, and Hawaii.
People can rant all day long about illegal immigration, but that is not the problem here. It is very simply the growth rate among those people that already have gotten here. Old 60-ish white guys can't produce enough children to turn the tide. That ship has sailed, and the ranters should just get over it.
Instead, I have chosen to embrace the change. I believe that diversity is a benefit. We can learn from each other and gain valuable insight from the different experiences and background that people who are not from our same background bring with them. A shining example of our diverse community could be seen yesterday at the City Council meeting as the new municipal judges, associate judges, and hearing officers were presented by the mayor for confirmation. I encourage you to follow the link and watch the meeting as the people are introduced and the various council members greet the judges and pay their respects. (Be sure to stop the "reading of the agenda" and go to "items 1-3" at about the 3:30 point).
I know two of the judges from when we were in law school and a third one is a friend of mine. Phyllis is a trailblazer whom I admire greatly. Perhaps I will write about her some other time.
http://houstontx.city.swagit.com/player.php?refid=11172010-1
So today I am grateful to embrace change instead of being afraid of it. I am grateful to have a friend like Phyllis who has been through the battles and now is receiving well-deserved respect and rewards.
Thursday, November 11, 2010
Challenged
Challenged I have been lately. Sometimes the Universe has a way of making a point -- with emphasis. There are certain beliefs I hold very strongly. For example, that things happen for a reason. And the corollary: things happen at the precise time they do also for a reason. That belief was tested very strongly yesterday. No need to go into details because they don't really matter. Where I am sitting right now I can't see the big picture, and that bugs me. But I just have to trust that there really is a big picture.
I remember having the point made before: Do you really believe what you say or don't you? I tell other people over and over (so much so that they probably think I'm a droid) that it all happens for a reason. Here I am with something hurtful going on -- so, do I believe it or not? Yes, I really, really do. I'm letting go of the feelings and asking for the lesson that I'm supposed to learn. At some point it will probably dawn on me and I'll figure it out (humility, grace under fire, patience, stillness, etc.) There are lot of lessons I'm still working on.
I thought I was going to write about something else today. I even had a title picked out and written when I started this posting. I planned to discuss a completely different thought today but once I got going, I realized maybe that should wait for another day -- when the time is right. Just like my challenge yesterday, I don't yet understand what it was about, but I'm certain it was for my own good and I'm probably making a big deal out of absolutely nothing. Now that I've changed the perspective there is no anger, fear, hurt or anything else anymore. Just a readiness to move on down the road -- because it really is about the journey and making a contribution along the way.
If I get bogged down with petty nonsense, my contribution is also bogged down and no one benefits. Okay, deep breath. I'm back to focusing on love and compassion. And I'm grateful that I have people who love me and remind me to get back up.
I remember having the point made before: Do you really believe what you say or don't you? I tell other people over and over (so much so that they probably think I'm a droid) that it all happens for a reason. Here I am with something hurtful going on -- so, do I believe it or not? Yes, I really, really do. I'm letting go of the feelings and asking for the lesson that I'm supposed to learn. At some point it will probably dawn on me and I'll figure it out (humility, grace under fire, patience, stillness, etc.) There are lot of lessons I'm still working on.
I thought I was going to write about something else today. I even had a title picked out and written when I started this posting. I planned to discuss a completely different thought today but once I got going, I realized maybe that should wait for another day -- when the time is right. Just like my challenge yesterday, I don't yet understand what it was about, but I'm certain it was for my own good and I'm probably making a big deal out of absolutely nothing. Now that I've changed the perspective there is no anger, fear, hurt or anything else anymore. Just a readiness to move on down the road -- because it really is about the journey and making a contribution along the way.
If I get bogged down with petty nonsense, my contribution is also bogged down and no one benefits. Okay, deep breath. I'm back to focusing on love and compassion. And I'm grateful that I have people who love me and remind me to get back up.
Monday, November 8, 2010
Auld Lang Syne
I just returned from a conference in Orlando where I met many other people from all over the world who perform work somewhat similar to mine. Some of the workshops challenged the methods we use, stimulating discussion and generating the occasional controversy among people who are generally very opinionated and not hesitant to speak their minds about much of anything.
A lot of the folks are colleagues with whom I previously shared professional adventures and respect immensely. Renewing acquaintances and catching up on life proved easily done; the vast majority of people I had never met. Over the course of two-and-a-half days I added quite a few new professional friends to my cadre. Although we all share this particular profession, we have arrived at it from extraordinarily different paths. Some are retired federal judges – too bad Bill didn’t ask that question of his audience first before his session started – and others have owned successful engineering or construction companies, like my new friend Alan.
None of us is a spring chicken: I guess that is mainly because we are getting paid for something that takes years to acquire. So, in a sense we are like a wine that’s aged. By definition time has to pass for the aging to occur. My expertise did not arrive all of a sudden when I received my law degree. I suppose an argument could be made that a certain amount of expertise had been acquired by the time I became board certified by the Texas Board of Legal Specialization (that's a mouthful -- but the legal ethics require us to say it that way), but even that would probably not be sufficient to satisfy what people want for this area of work. I am not saying all of this in any sense to be bragging – please don’t misunderstand.
The point is about staying around long enough to have been around the block two or three times. Or twenty or thirty. Or two hundred. That’s what we are getting paid for: expertise that has been compiled over time. Seeing the shifting sands of time, the coming and going of trends and fads, the tendencies in human nature, and those things that can be counted on time and again. What is valuable and what is simply fool’s gold.
I have no way of knowing if anyone will ever ask me to work on a case again. I have the ability to withdraw my name from consideration if it is time for me to stop, and that day may come. I don’t know about that either. In the meantime I am grateful for the opportunity to meet my colleagues from other parts of the world and to renew old acquaintances.
Here’s to Auld Lang Syne.
Friday, November 5, 2010
Pendulums
I once worked for a very wise man. Much of what I have learned about being a boss, practicing law, and life in general, came from him. I'm not sure he knows how influential he was -- maybe. I doubt that I am the only one because he shaped the careers of many other lawyers who greatly admired him also.
Anyway, I remember one day having a conversation in his office about a judge's ruling on a case. I was a bit down in the mouth over it because the judge was completely wrong on the law. At that time there had been a recent change in the judiciary that reflected a certain philosophy toward certain types of cases -- and my case fell into that category.
He told me that the pendulum is always in the process of swinging, and that if you wait long enough you will see the complete swings that it makes. We were just at the farthest end of the swing and would have to wait for the pendulum to get corrected by swinging back into place. I was very young at the time and had never witnessed a full swing (or even a half-swing).
The case causing my oh-so-woeful state of mind reflected a jury's decision, submitted by a judge with erroneous instructions on the law. An appellate court decision (or two) would be necessary to correct the judge and jury's mistakes. However, the decision for me was whether it was worth the client's money to move toward correcting those mistakes by filing an appeal -- or wait until another case came along? I had to make the recommendation to my client.
What my boss wanted me to understand was that there would be another case, and another time to challenge the law. The judge was wrong, but now (at that time) may not be the right time to push ahead. It may be better to just sit tight and let the pendulum swing a little more. Maybe it's better to let someone else get hit at the courthouse, too.
Sure enough, that is exactly what happened. There were other clients that had the same thing happen. Their cases were submitted with erroneous instructions -- and juries that followed the judge's instructions. Those other clients appealed. At the appellate court level their cases were overturned. The cases were published, and it was clear to everyone then that the jury verdicts had been wrong (because the trial judge's instructions were wrong).
That did not help my client on the old case, but in a sense we were vindicated. And it proved my boss right. The pendulum does swing back. When it gets too far one way or the other it gets pulled back again.
I believe that. Now that I am older, I've seen it time and time again. You can apply the principle to whatever area you like: I think it still holds true. Extremism in any arena will be checked and brought back to the center. It is the way of life. Maybe it has something to do with fairness.
So thank you, Boss, for that lesson so many years ago. I still remember. It gives me hope -- and I really need it right now when there seem to be so many extremists and I really want the middle ground. Did I say that enough already?
Anyway, I remember one day having a conversation in his office about a judge's ruling on a case. I was a bit down in the mouth over it because the judge was completely wrong on the law. At that time there had been a recent change in the judiciary that reflected a certain philosophy toward certain types of cases -- and my case fell into that category.
He told me that the pendulum is always in the process of swinging, and that if you wait long enough you will see the complete swings that it makes. We were just at the farthest end of the swing and would have to wait for the pendulum to get corrected by swinging back into place. I was very young at the time and had never witnessed a full swing (or even a half-swing).
The case causing my oh-so-woeful state of mind reflected a jury's decision, submitted by a judge with erroneous instructions on the law. An appellate court decision (or two) would be necessary to correct the judge and jury's mistakes. However, the decision for me was whether it was worth the client's money to move toward correcting those mistakes by filing an appeal -- or wait until another case came along? I had to make the recommendation to my client.
What my boss wanted me to understand was that there would be another case, and another time to challenge the law. The judge was wrong, but now (at that time) may not be the right time to push ahead. It may be better to just sit tight and let the pendulum swing a little more. Maybe it's better to let someone else get hit at the courthouse, too.
Sure enough, that is exactly what happened. There were other clients that had the same thing happen. Their cases were submitted with erroneous instructions -- and juries that followed the judge's instructions. Those other clients appealed. At the appellate court level their cases were overturned. The cases were published, and it was clear to everyone then that the jury verdicts had been wrong (because the trial judge's instructions were wrong).
That did not help my client on the old case, but in a sense we were vindicated. And it proved my boss right. The pendulum does swing back. When it gets too far one way or the other it gets pulled back again.
I believe that. Now that I am older, I've seen it time and time again. You can apply the principle to whatever area you like: I think it still holds true. Extremism in any arena will be checked and brought back to the center. It is the way of life. Maybe it has something to do with fairness.
So thank you, Boss, for that lesson so many years ago. I still remember. It gives me hope -- and I really need it right now when there seem to be so many extremists and I really want the middle ground. Did I say that enough already?
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