Category Archives: lawyer

What’s up: haikuish version

Lam­ic­tal is my friend
good sleep, good mood.
I shall never leave you (again).

* * *

Crap, a real legal job offer.
At some­place I’d like.
Not too many hours.

* * *

Free­lance piece on bar­be­cue.
Tasty, fun. I really want
a salad.

Don we now our gay apparel

I had a client once who was being evicted from pub­lic hous­ing. He’d had a rough hand dealt to him— men­tally retarded, emo­tion­ally impaired, with para­noia, anx­i­ety, depres­sion, prob­a­bly bor­der­line per­son­al­ity. He was a mess, and his parents—get this—MOVED AWAY one day while he was at work at a local retailer like K-Mart, round­ing up carts in the park­ing lot. So, he became home­less, because when he came home, his home was empty. For seven years. When he finally got beck into the social ser­vices sys­tem, they got him on the short list for dis­abled hous­ing. The only prob­lem? He was 27, decid­edly, flam­ingly gay, and didn’t know how to behave him­self. Which wouldn’t have been a prob­lem if some­one had met with him and seen that plac­ing him on the same floor as elderly peo­ple in a mixed, elderly-handicapped apart­ment build­ing just wasn’t going to work.

Pre­dictably, evic­tion pro­ceed­ings ensued. We begged and pleaded with him to go along with our rea­son­able accom­mo­da­tion plan—the one where he took his med­ica­tion, saw his men­tal health coun­selors, stopped hav­ing par­ties after 11 pm on week­days, and didn’t let his home­less boyfriend crash at his place every sin­gle night. He was the worst com­bi­na­tion of impairments—not retarded enough to be docile, too para­noid and anx­ious to trust that we wouldn’t betray him, like his par­ents did. Under­stand­able, but still—he was too smart, and too crazy in the wrong way, for his own good.

Long story short, after threat­en­ing to dis­charge him as a client to his own devices (and boy, did the car­rot and stick approach nau­se­ate me given his expe­ri­ence at his par­ents’ hands, but it was the only thing that worked…), he went along with the plan, and clearly, started get­ting bet­ter. We tried to pos­i­tively rein­force how he was improv­ing with the meds. We took the boyfriend aside, pri­vately, and advised him that he’d lose the only warm place to crash besides shel­ters if he stayed more than two nights a week, and trust us, the man­ager of the build­ing was watch­ing, and we got the client ready for the pre-trial con­fer­ence, where he needed to appear in order to con­vince the judge to con­tinue the trial date so he could show the court what a good boy he was being.

We warned our client that he needed to not inter­rupt the judge, to be quiet and respect­ful, and to wear some­thing nice to court, like a suit. When he said he didn’t have a suit, we told him to wear a nice col­lared shirt, and dress pants with shoes. He thought for a moment, then said, brightly, “OK!”

The next day, he was a lit­tle late meet­ing my clinic advi­sor and me at court, hav­ing got­ten flus­tered by the whole thing. He made it in to the court­room just as our case was being called. Wear­ing a but­ton down, gold lame shirt, pur­ple pants with bright blue stripes, and pur­ple suede ankle boots. He was meek, he was sorry he was late, he sat qui­etly while I argued that the trial be con­tin­ued, he told the judge about his life in his own words, and when he was done, the judge said “thank you. And sir, what nice col­ors to see on such a grey day.” You should have seen the client’s face light up. My embar­rass­ment at his appear­ance melted as embar­rass­ment at my elit­ism washed over me instead. But the client didn’t notice. He was glow­ing from the compliment.

After the client was allowed to go back behind the bar, we approached the side­bar the judge had called. As soon as the hous­ing authority’s attor­ney arrived, along with the stenog­ra­pher, the judge leaned over the bench, right in oppos­ing counsel’s face, and said, very qui­etly, “It’s like you were try­ing to let him fail. Did any­one even read the appli­ca­tion his social worker filled out, say­ing he’d ben­e­fit from a fam­ily hous­ing place­ment? Or a veteran’s place­ment?” He then con­tin­ued the trial with no firm date, and a sta­tus con­fer­ence in six months to report on the progress of our rea­son­able accom­mo­da­tion proposal.

Out­side, in the hall­way, we con­grat­u­lated him on doing such a good job, and for being so brave to be able to get to court. He was happy, but more impor­tantly to him, the hand­some judge (“though I usu­ally like younger men”) had com­pli­mented him on his “best out­fit. It’s the one I was wear­ing the day we filled out my apart­ment appli­ca­tion.  And when I met [Boyfriend].”

Best out­fit, indeed.

Why there should always be publicly funded defenders

An arti­cle in the Boston Globe today about the exon­er­a­tion of a men­tally ill, home­less man wrong­fully con­victed and impris­oned for a sex crime he did not com­mit.  This is why there should always be publicly-funded defend­ers– because it’s never too late to admit you’ve made a mis­take when it comes to civil lib­er­ties, much less per­sonal dignity.

Love Thursday

Teach­ing, orig­i­nally uploaded by Bipo­lar­Lawyer­Cook.

Every year, sched­ule per­mit­ting, I judge the same mock tri­als in which I took part as a civil clinic stu­dent at Boston Uni­ver­sity School of Law. I learned more about lawyer­ing and human nature in that year-long class than in any other course I took in law school. In many ways, what I’ve learned since then has only been refine­ment upon the basics I was taught, way back then. It’s a joy to be able to give back, by shar­ing the knowl­edge I’ve gained, rest­ing solidly on the foun­da­tion pro­vided to me by the clinic.

This pic­ture was taken last night as I was read­ing the stu­dents’ pre-trial motions in lim­ine and redacted exhibits the night before the trial. And, not coin­ci­den­tally, as I was plan­ning how to be the mean­est judge they’ll ever have the “plea­sure” of appear­ing before.

Bet­ter me than a real judge, though, no? Bet­ter to learn before it means some­thing to their bot­tom line, and their client’s. The lux­ury of being able to learn? Incred­i­ble. The joy of being able to teach? Even moreso. Every year I feel like I’ve been even meaner than the year before, and every year, the fac­ulty keep ask­ing me back. I guess I’m doing some­thing right, which is won­der­ful, because I feel like I learn some­thing every year I do it. Every year, one of the stu­dents has a novel approach to the same two fact pat­terns, or has an inter­est­ing way of argu­ing the same evi­den­tiary argu­ment. Some­times, they’ve just got a nice way of argu­ing or exam­in­ing, or a nice set of pos­tures, poses, and vocal into­na­tions. It’s the least I can do.

You can find links to oth­ers’ Love Thurs­day sub­mis­sions here, at Shut­ter Sis­ters.

Rehabilitation as a humanist principle

There’s an inter­est­ing arti­cle in the NYT about for­mer pris­on­ers and the oper­a­tion of what used to be termed “halfway houses.” Under­ly­ing the entire arti­cle is the assump­tion that we want our for­mer pris­on­ers to do well– to suc­ceed upon release, to inte­grate back into the com­mu­nity– and that this is why these places exist. But clear, too, is that many either don’t think about it at all, or would actively “lock them up and throw away the key”– as attested by the fact that the house at issue is bare-bones in the extreme. These folks are oper­at­ing their whole-hearted attempt at help­ing their fel­lows rein­te­grate on a shoe­string, frayed along its length. It brought to mind an argu­ment they were hav­ing on my favorite morn­ing radio show– one excep­tional for the lack of infor­ma­tion with which they were argu­ing, and the nar­row sights on which they were trained.

When I was a law clerk, our state enacted a law designed to “civilly com­mit” peo­ple who had been con­victed of sex crimes, and who were about to be released from prison. Yep, let me say that again. They had done their time, under the sen­tence imposed by the judge within the range set by the Leg­is­la­ture. You know, the Leg­is­la­ture we the peo­ple elected? And some of these folks were being released early, again under a good behav­ior early parole scheme approved by the Leg­is­la­ture. How­ever, the Peo­ple were Shocked, Shocked! to dis­cover the fol­low­ing: if you ware­house a sex offender in prison and make no attempt to edu­cate him, coun­sel him, pro­vide him with the ther­apy to allow him to learn to keep his ille­gal urges to him­self, then, GASP!, he might do it again once you release him. Of course, rather than just insti­tute a system-wide sex offender coun­sel­ing pro­gram in the pris­ons, they enacted a whole new, more expen­sive sys­tem to make the pub­lic think they were con­cerned about pub­lic safety, and con­sume immea­sur­able time and money wend­ing through even more court pro­ce­dures. They would get the guy all ready for release, and then, oops, you’re maybe a sex­u­ally dan­ger­ous per­son, stay locked up for another 6–8 months while we pay off some state psy­chi­a­trist who’s looked at your records for 10 min­utes to say you still have a “propen­sity” to com­mit sex crimes. Bull.Shit. This Mis­be­got­ten Abom­i­na­tion of a “Law” was upheld by some republican-appointed judges, and it stands today. And no one wants a sex offender in their neigh­bor­hood. But it’s easy to back track from sex offend­ers, folks. First it’s mur­der­ers, then it’s drunk dri­vers– all locked up indef­i­nitely because they “might” do it again (even though the state doesn’t bother to quan­tify the like­li­hood, or be at all sci­en­tific about it.)

So tell me this– if no one wants a sex offender in their neigh­bor­hood, then where are they sup­posed to live? If every­one believes that every sex offender/murderer/batterer/drunk dri­ver is inca­pable of remorse, of guilt, of change, then what is their incen­tive to work toward those goals, nec­es­sary to suc­cess­ful social rein­te­gra­tion? And, by pay­ing atten­tion to only the reg­is­tered sex offend­ers, what lessons are we fail­ing to teach our kids about being wise around all strangers, and about being wise about their own bod­ies, their own brav­ery? Or have you for­got­ten the sto­ries you’ve heard about “it went on for years before they caught him?”

Jesus hung out with pros­ti­tutes and tax col­lec­tors. He for­gave a mur­derer, whilst suf­fer­ing on the cross, beside him. For­give­ness, stern­ness, vig­i­lance– do you think they can run together dur­ing the reha­bil­i­ta­tive course?

Update:  You’ve left some great com­ments and asked some impor­tant ques­tions, includ­ing the hard truth that there are some peo­ple who may not be inter­ested in being reha­bil­i­tated.  I am more than will­ing to con­cede that there are some who won’t even try– but I remain con­cerned that we don’t even give peo­ple the chance to try and refuse, or fail.  And for the truly unre­formable?  Well, let’s have some hon­esty in the sen­tenc­ing process up front, rather than try to fix it at the back door, when peo­ple are being released early due to prison over­crowd­ing, due in no small part to the (blah blah insert lib­eral bias here) war on non-violent offend­ers and mar­i­juana pos­ses­sors of less than a kilo.