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More Baby Lawyer Adventures or Death by Courtroom

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I began law school at the University of Tennessee in the summer of 1978. I had no idea what lawyers actually did, but liberal arts grads all around me were turning into them, so I figured I could, too. My then husband, like me an English major with a graduate degree and no teaching job, was happy to see me darken the legal doors of learning.
I came out in 1981, number two in my class, and still without much of an idea of what lawyers did. For three years I had done what I excelled at – read, memorize, and regurgitate facts – but I had never been inside a courtroom or taken a deposition or even seen a real live client. I had done one mock oral argument in moot court my first year with sweaty hands, a dry mouth, and a heart slamming in my chest. That was the entire extent of my “practical training” in law school. (Think medical school where you memorize the symptoms of every disease on earth but never see a body, dead or alive.)
At first being a lawyer wasn’t so bad. I’d accepted a job with a Big Firm in Virginia where I had family, and they paid me to study for the bar all summer, sitting in the apartment they rented for me and my husband. I watched the ducks swim on the pond out back and re-memorized all the law I’d learned in three years of law school. This time, Virginia style.
On the day before Princess Diana married Prince Charles, I drove to Roanoke where I stayed in the hotel room The Firm paid for. Next morning, I put on my lawyer suit, went to the Civic Center, and sat at a long table where I took the Virginia Bar under the watchful eye of the Bar Examiners IN PERSON. They sat on a dias above us and watched us spill our brains into blue books for two, very long days. (Weren’t they bored to death?) At night, I ate room service and watched the royal wedding.
Perhaps the fate of that marriage was a metaphor for the fate of my Big Firm career.
On my thirty-first birthday in August, I put on my lawyer suit again – this time supposedly for good – and took my place in my tiny office at The Firm in the litigation section. Until the Bar Examiners certified me as “passed,” I could not sign pleadings or take depositions or appear in court as anything except a clerk. And that was just fine with me. I wrote research memoranda that, as one senior lawyer observed, he could actually follow and understand. What a concept!
But my luck ran out in October. The day after I passed the bar, I was sent to court with the Firm’s Tallest Partner (I am five feet two), to oppose an injunction that Legal Aid was seeking against one of Our Most Powerful Clients. The Firm’s Tallest Partner was only there to watch me; I was the performing bear that afternoon. Of course, it was not a major matter (or they wouldn’t have sent newly-minted lawyer me); but, as far as I was concerned, it was The End of The World.
I didn’t even know which table to stand behind in the courtroom. And what questions to ask my witness? OMG. No CLUE. I used up at least three of my nine lives that afternoon, standing mute behind the defendant’s table, listening to the judge tell me he didn’t believe my witness. (While I wondered what the witness had actually said and what to say to a judge who says your witness is lying.)
A couple of miserable hours later, the Firm’s Tallest Partner, who had watched me demonstrate total incompetence in that courtroom, walked me back to The Firm in a steady downpour, with no umbrellas. My client had been enjoined, big time. Or small time, really; but it didn’t feel that way to me. It was my own personal Trail of Tears. The Firm’s Tallest Partner had nothing to say to me on the way back. I wondered if I’d offered to throw myself in the James River, if he would have given me a push.
Never mind that I had been a successful English graduate student, teaching three sections of freshman composition per semester. Never mind that I could take kids from writing C themes to A themes and have them laughing all the way. (Beware the flying commas!) Never mind that I could recite the Rules of Evidence backward and forward, and I actually understood Constitutional Law, including the dreaded Commerce Clause. Law on the hoof was a very different animal than in the classroom, my home turf. Teaching colleagues had always said they could stand in the hallway and know which class was mine because that was the room that the laughter was coming out of. Judges don’t laugh. Killer creative comedic timing is a useless skill before THEIR HONORS.
So for the next two years, I struggled to figure out the alien world I had landed in by mistake. Next time: More Baby Lawyer Adventures or The Judge who Taught Me Why You Never Change the Words and Still to Come: the Female Partner Who wore HATS and Ate Associates for Breakfast and High Tea
Below:  the James River

Hiding in Plain Sight or Who is that Woman in the Lawyer Suit?

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So in the fall of 1986, alone in a tiny rented cottage on an island in San Diego Bay, I set off on the journey of motherhood. My lawyer suits, one gray, one beige, one black, one navy, one brown, hung listlessly in the closet of the bedroom I shared with the husband I never saw. My black, tan, and navy four-inched heeled pumps remained in their shoe boxes. For the first three months of the journey, I rarely got out of my bathrobe. After that, it was elastic waist pants and frantic dieting until, finally at my daughter’s first birthday, I could sigh with relief and zip my jeans.
The task of dealing with a constantly crying infant wiped my memory clean of what it had been like to be a lawyer, pulling twelve and fourteen-hour days in major law firms back east. I truly wanted children when I finally decided to have them, but I also think I was on the run from a profession I hated and that I had never intended to join.
When I was eleven years old, I decided I wanted to be a writer. I read constantly even before I went to school, and I began to write stories in third grade. I had no doubt in my child mind that I was born to be a creative artist until the night I announced my intended destiny at the family dinner table. My rational, linear father went crazy, outlining the impossibility and stupidity of trying to reach that goal. I slunk back to my bedroom, full of shame for aspiring to be something so outrageous and totally WRONG.
The trouble was, the dream of writing stories would not go away. I realized it was safer to hide my identity underground, as I went on writing. By age thirteen, I had finished a three-hundred page novel.
I thought by going to graduate school and getting a Ph.D. in English, I would move forward with my dream of being a writer. But by the time I had my Masters in English, I could see the reality of every graduate student’s situation: THERE WERE NO JOBS IN UNIVERSITIES TEACHING ENGLISH. And graduate school, like all the other forms of school I had encountered, did not foster creativity.
In the 1970’s, disappointed liberal arts majors of all kinds were going to law school, including, for the first time a significant number of women. I went to talk to the Assistant Dean at the University of Tennessee College of Law about enrolling. She said, “The law is only words. You’re good at words, right?”
Good at words, yes. Good at nit picking trivialities, no. I graduated second in my class; I was admitted to the Order of the Coif, the Phi Beta Kappa for lawyers. I was wooed by major law firms in New York, Dallas, Houston, Atlanta, and Richmond, Virginia. I studied for and passed the Virginia bar in 1981.
But as soon as I sat down at my new associate desk in Richmond, the overwhelming lack of creativity that is THE LAW began to choke me. I had never been so bored in my life.
Next: Driving the wrong way down a one-way street (my perilous adventures as a baby lawyer) and how I was nearly gobbled alive by a female partner with a penchant for hats
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The Joys of Flying Solo or Why the Bar is A Better Choice Than the Door

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Single life has many advantages. No problems with toilet seats up or down. No one to say you didn’t need yet another pair of killer heels. No one to steal the covers on a cold night. No one to complain if you would rather Zumba at supper time instead of cook. And you can’t fight with yourself over who takes out the trash. (Well, you can, just to stay in practice, I guess.)
But despite these advantages, I recently overheard a fellow single complaining about her single life. She had visited her neighborhood restaurant for the first time alone, and the hospitality was not the same as when she’d come paired. She’d decided to take herself out solo on a busy weekend night; and instead of being given the table she’d requested, she’d been asked to sit at the bar. Insulted, she left, vowing never to return. And cursing singledom.
Many years ago, I had exactly the same experience in a small neighborhood restaurant in Richmond Virginia’s Fan District. On a Friday night, having just come back from a business trip to Washington, D.C, and still in regulation lawyer gear, I encountered the same choice: the bar or the door. I chose the door. But since then, I have discovered that was the wrong choice.
Here’s the thing. The joy of going out alone is the opportunity to observe the world on your own. Sometimes you meet new people; sometimes you don’t. But the information you gather while out alone is entertaining and enriching.
The bar is not a bad place to eat when you are alone. Why? Watch people eating at the bar sometime. They chat and interact with each other. If you are there with your friends, you enjoy the evening; but you don’t hear a new story from a new potential friend or silently watch a drama played out between strangers while being happy you aren’t on that stage. When you’re out in pairs or groups, it’s same old, same old.
Last weekend, for example, I headed up to Los Angeles to hear jazz at Vitello’s on Friday night. Alone. Now, downstairs at Vitello’s is strictly a restaurant. But the room upstairs, quaintly named “Upstairs at Vitello’s,” is a jazz and supper club. Those of us with tickets for the show were waiting downstairs while the band finished its sound check. An elderly couple were waiting with the rest of us to go upstairs. The man had a bandage over one eye. The woman used a cane. Suddenly a small woman, around my age, got up from one of the chairs along the wall and offered them her seat. Impressed with her good manners, I complimented her. She laughed and said with twinkling eyes, “It’s karma. I hope someone will give me a seat when I’m their age.” Petite, with short dark hair and laughing brown eyes, she looked like an elf that had just materialized from another, more magical world.
Soon we learned we were expat daughters of the South. She was originally from Richmond, Virginia, but had traveled widely since then. We compared notes on adapting to life in SoCal and why we finally came to love it here. But the most touching part of her story was her description of her marriage. “I’m a widow,” she said but with a smile. “My husband died seven years ago. He was the only man for me. My soulmate. It was wonderful, and I could never replace him. I’m happy on my own. I miss him, but I’m so very grateful for those years we had.” Not a trace of bitterness in her voice. Just joy and exuberance and gratitude. She was obviously a very happy person. Happy in her life right at that moment. And her happiness was contagious.
I wanted to sit with her, but Vitello’s had other plans. So I went on to hear other stories that night from the people around me as I listened to the music. None were as interesting as hers, but I had a fabulous time solo, entertained by not only the music, but by the people who had come to hear it.
So single life is quite fabulous when you stop telling yourself you have to be validated by the presence of someone else. You are wonderful company for yourself. And perfect just the way you are. Love yourself right where you are, and the world will love you, too. That’s what I learned from my elf friend that night.

With Words and With Silence or A Tale of Pinnochio’s Nose

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About two mornings a week, a former FBI agent drops an e-mail into my in-box offering to teach me how to tell when someone is lying to me. For a large fee. Now, my father was an FBI agent for 30 years, and I am in favor of retired agents earning a good living. But do I really want to know when someone is lying?
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Well, yes. Sometimes I do. The man who tells me he’s available and who has three girlfriends on the hook and wants to me make me number four. Yeah, I’d like to know what he’s up to. But honestly, a little research on Facebook (at no cost) answered THAT question.
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Then as an attorney there are my clients. Who are convicted of various crimes by the time they get to me, the appellate attorney. But I do the same job for them, regardless of guilt or innocence. In fact, knowing positively they are guilty would be a real downer. So, no. I don’t care about learning how to decipher their perfidy (don’t you love English majors who write blogs?) by analyzing their handwriting. Besides, the law’s “truth” and everyone else’s “truth” are two different things. (Think Casey Anthony and OJ Simpson.) But we’ll leave that explanation for another blog.
I do wonder what the former FBI agent would teach me as the signs of being lied to. Not making eye contact? Shifting from one foot to another? Nervous tick? Elaborate story that does not stand up under my cross-examination? I’m not sure I need to pay a lot of money to learn that stuff. It’s kind of obvious.
And then there are the “nose growers.” You know. The Pinnochios whose noses grow when they lie. Well, not literally. But with some people if you swallow their story the first time knowing even as you listen it can’t be right, eventually they will fess up to the truth. You just have to wait long enough. I’ve known a number of these people. Patience pays off.
ImageI admit that being lied to makes me angry. It violates my sense of what is right in the world. I don’t encourage it, and I don’t like to encounter it. And I avoid engaging in it. But some social lies grease the wheels of life. Like not telling new parents their baby isn’t beautiful – yet. Or the poor man trapped by the dreaded question, “Do these pants make me look fat?” Or the dinner guest faced with “Don’t you want seconds?” when firsts were nearly impossible to hide under the mashed potatoes. Some social lies just have to be, no matter how we feel morally about the entire subject of lying.
So, even if the former FBI agent could make me an infallible human lie detector, I’m not sure I’d want that skill. And I’m glad noses don’t grow when we lie. Then, too, as Adrienne Rich said, “Lying is done with words, and also with silence.” And those, I think, are the most powerful lies of all.

TMI Colonial Style or Trapped By A Tour Guide

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I have not visited Colonial Williamsburg in many years.  It has always been One of My Favorite Places, and it continues to be.  But today I experienced Too Much Information, Colonial Style.
The visit to the Brush-Everard House began like most of the others on our two-day tour, with a fifteen minute wait outside for admission in a group with a guide who would take us through the house.  But once inside, we were TRAPPED by DETAILS.  For example, we had to hear the excruciating story of the recovery of unused 250 year old china from the bottom of the sea.  Piece by Piece.   For my money, just saying, hey look over there in the china cabinet would have been fine.  And then, we learned it was not a china cabinet at all.  It was a “bowfat” or, as we all know now, a “buffet.”  Could have survived without that piece of trivia, too.  Then there was the history of EVERY SINGLE PIECE OF FURNITURE in the room.  Sorry, it was enough for me to know they were all period originals.
We learned the history of every print on the walls, the hue of the paint, the way wallpaper was hung, and how carpet was woven and  sewn together.  Upstairs, we heard every detail of the daughthers’ marriages and deaths.  I mean every detail.
Back downstairs, all of us were waiting for a chance to dash through the back door.  As the tour guide followed us out, wailing, “Don’t you want to hear about the outbuildings?” our group was making a break for it through the side gate, one by one.  I do love history and Williamsburg, but word to the wise:  there are only so many details that are (a) interesting and (b) pertinent and (c) that the human brain can absorb in a sitting.  Anyway, we made up for being BORED with a good lunch and a walking photo shoot this afternoon.  No more being TRAPPED inside on guided tours.ImageImageImageImageImageImageImageImage

More Adventures of Elvis the Conch Shell or Argument, What is It Good For?

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Last week, I told you about Elvis the conch shell living in my ear. The doctor called Elvis an ear infection, but – as I told you last week – I know the sound of the sea when I hear it. Anyway, Elvis has mostly left my ear, but likes to come back every morning to check the fit of his jumpsuit before he heads for Vegas. Annoying, but better than having him full time in my ear. Bye, bye, Elvis. Leave the building for good. Thanks.
Now, as I told you last week, according to Louise Hay, whom I admire, Elvis took up residence in my ear because of the presence of arguing in my life. And, as I was quick to conclude, she can’t be right because my three children have grown up and found their own nests. And we didn’t argue much, anyway, when they lived here. And I can’t argue with my two Golden Retrievers. I mean, I could try; but they’d only lick me and love me to death in response. So it wouldn’t work.
But then I remembered what I do for a living. Truth to tell, I’m a professional arguer. My work life is just one big argument. Still, that doesn’t seem like the kind of raucous noise that would invite Elvis in. In fact, my job is largely silent, except for keyboard keys clicking.
So what do I do for a living? Well, when I meet people, I often say I’m a legal writer. That’s closer to the truth than saying, “I’m a lawyer” like the irritating guy at the end of “TMZ” every night. But I am an attorney, licensed in no less than two states and the District of Columbia. Conclusion: this chick is good at bar exams.
I’m an appellate attorney which means you have to be a bona fide loser to meet me. Sorry clients. You know who you are. If you lose your case in the trial court because your flashy flamboyant trial attorney failed to charm the jury, I am the next stop on your legal “to do” list.
Now, while I admit to a preference for flashy and flamboyant in my personal wardrobe, my work wardrobe is one black suit which I wear to the court of appeal once every two or three years for oral argument. (Although next time, I swear, I’m wearing the red suit and six inch heels.) The rest of the time, I sit at my computer surrounded by Goldens, writing scholarly, unbrief “briefs.” And these tomes of legal wisdom, gentle readers, are my “arguments.” I tell the court of appeal in polite terms how the trial court screwed the pooch and why my client simply must have a new trial. I put these gems of legal scholarship between Gamma green cardstock covers and ship them off to the court of appeal by FedEx ground. Each one is a fascinating, page-turning tale of legal woe. But the clerk of the court NEVER calls to say, WHAT A GREAT READ! (Although the guy at FedEx who copies, binds, and reads them, sees my potential as a fiction writer.) No, the clerk only calls when I forgot to sign some tacky service page. SIGH!
Several months after I launch my green guided missel into the office of opposing counsel, he or she fires back his or her own lemon-yellow hand grenade, asserting the trial court was brilliant in every way and made not one single mistake in the entire month-long trial. In fact, according to opposing counsel, His Honor is an unbiased saint, and twelve smarter, unbiased jurors could not possibly have been found on the planet. Appellant is just the sorest of losers. Twenty days later, I lob back a chicly neutral Bristol-tan reply brief that says, ever so politely, opposing counsel clearly graduated dead last in his class. He or she does not know what he is talking about.
After that, sometimes I put on my suit, go to court, and stand behind the too-high-for-short-people podium for an oral argument that lasts all of fifteen minutes. But rarely. I mean, after all that writing, who has anything new to say? And the court of appeal will offer to lynch me if I bore them with what I’ve already said.
So, upon reflection, I do have argument in my life. But not the loud kind that would invite Elvis for a week-long sleepover in my ear under Louise Hay’s view of the Universe.
While the stately, professional arguing I do for a living has a purpose – it lets disappointed litigants air their grievances in a safe, controlled environment which is kind of like releasing compressed air to clean a keyboard – I don’t have much use for argument in my personal life. Maybe that’s because I got “argued out” as a child. My parents went at it 24/7. They saw each other – or one of us – and automatically launched an attack. No wonder I grew up thinking being a champion arguer was a badge of honor. Not to mention survival. But no one ever persuaded anyone to change his or her mind. It was all just word bullets fired into our most vulnerable emotional places.
So when my own three children entered my life, I couldn’t bring myself to surround them with the hurtful, constant criticism and argument that was the only way my parents could relate to their children. I mean, when you love someone with all your heart, do you really care if they turned over their soda by accident or forgot to put the toilet seat down, or wanted an extra cookie? (Who doesn’t want an extra cookie?) Looking back, the stuff my parents thought was make or break makes me laugh because it wasn’t all that important. For example, one of my father’s favorite rants was I’d never graduate from any school whatsoever because I couldn’t spell. (Didn’t anyone tell him how English got its spelling rules? Printer’s misspellings!) But enter spell check! And I have three (count them three) post graduate degrees. Cum laude. Guess I showed him I could graduate. Over and over and over again.
But the most interesting thing about arguing is that when I let go of the rope and fail to respond, my opponent has no ammunition to continue the fight. Really, it is the funniest thing to watch in the whole world. Try it. You will die laughing inside when tough guy stares at you with nothing else to say. It is so much fun, you won’t even be tempted to argue back. Silence has enormous power.  Said by a professional arguer!

Wanting Elvis to Leave the Building – Or Why is a Conch Shell in My Ear?

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For a week or more, I have had a conch shell in my right ear. The doctor called it an ear infection and said the ear is blocked with fluid, but I know the sound of the sea in a conch shell when I hear it. Sorry doc.
Now the sound of the sea is romantic. But with a conch shell I can put it down when I’ve had enough romance and use my ear for other things. But having an actual conch shell living in my ear is not working out. Do you know how hard it is to practice clarinet with just one good ear? (Ok, never mind that I still play sharp with two good ears. Working on it.)
So this thing has to go. And soon. There are a number of theories about how to remove the conch shell. The doc favors antibiotics. Only problem: who decided all antibiotic pills have to be the actual diameter of my throat? Choking to death is not an option for getting well. So just like any pediatric victim of an ear infection, I have a brown bottle of cherry flavored liquid and a squirting teaspoon dispenser. So far the results from option one are not stellar.
Option two. Holistic healing. Being a fan of Louise Hay, when some part of my otherwise reliable physical self is on the blink, I run for You Can Heal Your Life. I admit to loving the entire story of this book. Overcoming the odds and optimism. And I met Ms. Hay once in person and was totally charmed. But, the truth is, the chart in the back of symptoms and affirmations is a hypochondriac’s dream. (Don’t I wish the conch shell in my ear were just hypochondria. I’d have it out of there in a heart beat. Or thought beat, I guess.) (Notice cool use of the subjunctive to demonstrate the conch is not hypochondria. Only English majors even remember what a subjunctive is.)
Anyway, according to the chart, I developed this annoying symptom, not to romance the sea in my ear, but because I am “Angry. Not wanting to hear. Too much turmoil and my parents are arguing.” Well, if I am angry, I have no idea why. I do want to hear. Any yes, my parents were champion arguers but one of them has been dead for more than thirty years, and I haven’t lived with the other one for even longer.  Granted she is probably is still arguing alone,  but I can’t hear her with either ear.
But a good affirmation or two can’t hurt. So I am chanting, “Harmony surrounds me. I listen with love to the pleasant and the good. I am a center for love.” I like the last one, a lot. And after chanting these at least once, the conch vanished for about three minutes. Really. Like Elvis, it left the building. But not for long. So now I am an antibiotic swigging, chanting host to a conch shell in my ear. Perks: cherry taste of the med, and feeling good when I say “I am a center for love.” Downside: well, we know that one.
Option three. The Abraham-Hicks approach: that which you dwell on gets bigger. So DON’T THINK ABOUT IT. Kind of difficult when you are trying to HEAR, but I’m game.
Option four and final option for now: Go fill up the bathroom with steam from the shower and breath it to open my sinuses and hopefully, my ear.  Hey, it’s pleasant, harmless, and tasteless, and I can chant while I don’t think about the ocean roaring in my ear! And I can light the lavender candle to banish the anger I didn’t know I had. (Still skeptical about that one.) Will let you know when Elvis leaves the building for good.
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