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What if Your Lawyer Wore Pajamas to Court – Or Don’t Leave Home Without Your Editor

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I started life as a listener, became a writer, worked as an editor, and drifted into being a lawyer. While a listener, I learned to love stories. While a writer, I learned to tell them. While an editor, I learned to tell them well.

It never occurred to me until I became a lawyer that the process of writing is a mystery to many people. Law schools have something called “law reviews” where students edit each other’s “case notes.” “Case notes” are not notes at all but are long deadly dull treatises on legal subjects not even a lawyer can love. The point of being on the law review is to learn how to pick a subject, write about it, and use a legal style manual to make sure all the citations and use of punctuation throughout the deadly dull case note are consistent. The theory is that later on, when lawyers write trial memoranda and appellate briefs (intended to keep the reader awake, unlike case notes), their written work will look professional instead of sloppy and haphazard. A legal brief with correct grammar and punctuation and consistent citation style is the equivalent of putting on a suit to go to court instead of appearing in your pajamas.

In the book publishing world, everyone knows traditional publishers have editors and proofreaders and copy editors. Their function is to make the fiction and nonfiction books the house publishes look professional. Like lawyers, publishers set standards for their written work by designating the style manual or manuals and the rules for punctuation, grammar, and citations that will make the house’s book internally consistent and appealing to readers. The point is not that every publisher uses the same style manual or follows exactly the same rules. Rather, the point is consistency within the works the house offers for sale.

One of the last steps in producing a brief for the court of appeal is editing and proofreading it. Proofreading yourself accurately is nearly impossible. Back in my editor days, we used to take turns acting as proofreaders for other editors’ projects because after anyone has read and re-read a document a number of times, the accuracy rate for proofreading slips into the toilet. Since I work without staff, I have to proofread my own work; and I have found that reading aloud and taking the sections of the brief out of order help me find my errors. And because I used to teach writing and grammar and punctuation, I do know where those pesky commas go. (They are logical little beasts; and no, they don’t go where you pause to breathe when reading out loud.)

This has always been my world. First, the story. Second, the writing. Third, editing the work. Whether writing poetry, fiction, non-fiction or legal briefs (a sometimes blend of fiction and non, but never mind), I never thought of deviating from this routine. And I’m not going to stop now.

But after I published my novel and began to read author discussions on various forums, I was surprised to discover that many who call themselves authors do not respect the process of editing. They see it as optional. That, in my mind, creates a problem in the world of self-publishing. Whereas a reader can rely on a traditionally published book to be edited and internally consistent, buying a self-published book can be a crap shoot. It might be presenting itself to the world in its professional dress. Or it might have been let loose still wearing its pajamas. I’ve downloaded a few of those books, and I haven’t gotten beyond page twenty-five in any of them. And failing to respect the editorial process leads to a divide among reviewers. A lot of them either won’t consider a non-traditionally published book, or they demand assurances a self-published book has been edited.

Treating editing as optional hurts everyone in the self-publishing community. Ignoring the editorial process is a mistake. A good editor has the art of cleaning up a manuscript while preserving the authentic and individual voice of the author. Good editing is never, ever optional. No reader wants to buy a book still in its pj’s.

Chicago Manual of Style

The Grandaddy of Style Manuals

Another Icon

Another Icon

Legal Style Manual: Dreaded Blue Book

Legal Style Manual: Dreaded Blue Book

California's Answer to the Dreaded Blue Book

California’s Answer to the Dreaded Blue Book

The Flag Ladies of Freeport, Maine

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I wanted to have this post up by the Fourth of July, but life intervened. The machine at my local FedEx that binds my unbrief lawyer briefs sputtered and died for the third time in the last month. Although I am one of the biggest accounts at that store, corporate FedEx is hemming and hawing about fixing the machine or firing me as customer. In the meantime, I am driving across the county to get the unbrief briefs copied and bound.
But enough corporate soap opera. Even if it’s after the Fourth, this is the kind of story that will make you smile any day of the year.
On September 11, 2001, when Carmen Footer, Joanne Miller, and Elaine Greene heard that America had been attacked, they felt they had to do something. So they grabbed their flags, walked up to Main Street in their hometown of Freeport, Maine, and began to wave Old Glory. The response was so overwhelming they pledged to be there every Tuesday for a year. Now, twelve years later, the Freeport Flag Ladies, as they are now called, are still there. And they haven’t missed a Tuesday since 9/11.
In a recent ABC news feature, Elaine Green explained their mission. People drive by and wave and honk every Tuesday because, “They’re happy to have that gentle reminder, this is their country. Freedom is not free.” The Flag Ladies make everyone who passes by “feel more connected to their country.”
The Flag Ladies’ mission has grown since that first tragic day in our country’s history. They now go to schools, churches, and community events with their patriotic message. And they travel five hours to greet military flights leaving and returning from overseas.
Elaine met a solider heading to Iraq in 2004 whom she will never forget. “His father called me about three to four months later to thank me. He said, ‘My son was killed. When he left, he was in a very dark place but I got a call when he arrived in Iraq and he said, I met some ladies and dad, and I’m going to be okay became I met people worth dying for, if it has to be.’ His father was calling to thank us because we gave his son his dignity. He didn’t die in a dark place. If I never did another thing in my life, it’s all I ever had done, it would have been enough,” Said Greene.
On September 11, 2001, Carmen, Joanne, and Elaine set out to be three tiny sparks of light in the darkness. They never knew how their lights would grow and shine and touch so many others. See? A story that will make you smile on any day of the year.
The Flag Ladies

The Past – Slaying a Dragon

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The self-growth community, which likes to clutter my inbox with fantastic offers for $10,000 worth of free life changing bonuses if only I will divulge my e-mail, vociferously insists we must all LET GO of the Past. I sometimes wonder if the induction ceremony for an authentic, card carrying self-growth guru is to have his or her memory wiped like a malfunctioning hard drive.
Personally, I would miss my Past. Not all of it, you understand. But even the terrible, terrorizing moments taught me things that, having sweated blood and endured raw fear to learn, I would not want to forget. And aren’t we doomed to repeat the Past until we finally learn what It is trying to teach us?
The thing is, what would artists make their art out of if they didn’t have their Pasts? Sylvia Plath, without her miserable, doomed love-affair with Ted Hughes, would never have become a Great Poet. Ditto for W.B. Yeats who made a highly successful poetic career out of mourning his loss of the ever elusive Maude Gonne. And then there is the mysterious woman of Shakespeare’s sonnets. No lost love, no great sonnets. Thank goodness for the rest of us Plath, Yeats, and Shakespeare lived before the onslaught of self-growth emails insisting you can’t be Anybody until you LET Go of the Past.
And in my case, wiping my personal hard drive would be a rather long affair, since I have memories back to a very, very early age. Now, I am not one of those people who can cite chapter and verse every day of every week of my life. (I think that much recall would be boring.) But let’s just say I have some vivid and accurate recollections of certain major events before age three. And I’d miss them like I’d miss an arm or a leg if they vanished.
On the other hand, Too Much Past is the equivalent of those hoarding reality TV shows that I never watch. You know the ones, where some poor soul stills owns every McDonald’s wrapper and styrofoam Big Mac container that ever came into his or her life? The literary equivalent is poor Miss Havisham in Great Expectations.
I began to meditate upon the proper balance for The Past in my life this weekend when I finally rebelled against another Saturday and Sunday spent writing unbrief briefs and invited the sky to fall if it wanted to because I was LEAVING MY COMPUTER for the weekend. Something about rebelling against the lawyer’s code which says “real men work weekends” (note, I know I’m not a man and maybe I’m not real), always brings out the Tidy Up, Throw It Out impulse in me.
After tackling my guest room, which needed considerable tidying and spiffing, my eyes lit upon my garage floor, covered in boxes of files in pending, but not currently active cases, which were supposed to go to offsite storage weeks ago. My MiniCooper had been complaining that His garage was too full of things besides Himself. And he was right. So after bribing my Stronger-Than-Me son to move the boxes, I suddenly spied a shelf filled with old calenders dating back ten years.
When I retired from law practice and became full-time Mommy in 1986, I used to order those calenders from the Smithsonian and National Geographic that came as little coil bound books, week on one side, breathtaking photo on the other. I scribbled things like pediatrician appointments, play dates, and my few-and-far-between babysitter relief afternoons in them. But mostly I loved the ever changing artwork.
But then, the divorce settled like ash from Vesuvius over our world. My beautiful little calendars became part of my family law attorney’s files – alibis to prove what I’d been up to for the last eight years. And I had to once again put on the great grey mantle of law practice. In place of my lithe little photographic calendars, I had to order those big clunky green-striped DayTimers, six inches thick, which arrived each year with their own grey coffin of a box to store them in. Forever, apparently.
Then on Saturday afternoon I looked at those boxes as they sat on my garage shelf, neatly labeled like Old Father Time with the year of his reign on the spine, and I asked myself when was the last time I’d opened any of them. Answer: on December 31 of the year they had passed into oblivion. In fact, all the briefs’ due dates they had chronicled were long past. The cases were closed out, and I could barely remember the clients’ names. Here was my chance, I realized, to throw out a cumbersome Past that really was THE PAST. Here was a hard drive that had long needed wiping. Joyfully I seized each and every one and gleefully threw them away.

Green-Lined Day Timer

Green-Lined Day Timer


They come with their own coffins

They come with their own coffins


Smthsonian Engagement Calendar

Smthsonian Engagement Calendar


Smithsonian Calendar

Smithsonian Calendar

Winning the JUST 4 U Wars

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You can always tell when a store is offering a promotion that benefits them, not you. A few years ago, it was Costco. They came up with their “cash back” American Express card. Now, for anyone who wanted another credit card, I’m sure it was a THRILLING DEAL. But for those of us who don’t like plastic and who have enough already, it was not attractive.
The thing is, Costco would not take no for an answer. Their AmEx “specialists” aggressively chased me across the store so many times that I finally left written complaints in BIG LETTERS on feedback cards every time I shopped. Once I went lawyer on one of them and threatened to file a complaint for a PC 422. I hadn’t the slightest intention of course, but I was tired of being chased and harassed. (And it wasn’t a PC 422, it was a PC 245, but 422 sounded more intimidating and came out of my mouth first because I was working on one of those cases.)
Eventually Costco penned up the AmEx Card hustlers (I like to think it was because I complained), and I could just avoid them. For a while.
But then they started a campaign at check out for those of us who were holdouts on the GREAT DEAL. We still had the tell tale white membership cards. Put one of those babies on the checkout conveyor belt, and your fate was sealed. You were going to get a talking to from the cashier with all the fervor of a Southern Baptist street preacher who suspected Jesus Christ was NOT your lord and savior. Finally, I paid Costco an extra $60 bucks a year for a black card that is not a credit card, but that entitles me to a paltry rewards certificate every January. It’s enough to buy a couple of good bottles of wine, and so far it has been a stake in the heart of AmEx vampires.
Having lived through the Costco AmEx campaign, I was not thrilled when some baby B-schooler created JUST 4 U at my local supermarket. I mean, the title was an instant give way. It was definitely NOT 4 ME.
The whole thing began pretty innocuously with tables just inside the entrance doors where pleasant-faced employees gave out little flyers telling us how sign up on our computers at home. Ever obedient, I did just that. But I went no farther. Why, you ask? Because the object of the exercise was to get me to decide what I wanted to buy BEFORE I went to the store, click on a bunch of e-coupons and somehow magically have these on my cell phone to be scanned at check out. Do you see where this is going, Highly Intelligent Reader? Yep. You got it. The store was sneaking up on paper coupons and trying to make them extinct.
Now back in the days when all four of us were home, I did clip coupons like paper dolls from the glossy Sunday inserts. I had one of those cute little coupon organizers with wallpaper patterns on the front that I wagged with me every weekend. In those days, I often did plan my meals for a whole week in advance, created shopping lists, and executed them (in every sense of that word.) Only problem with this activity: it killed the whole weekend, EVERY WEEKEND. (Another form of execution.)
But as my children grew up and left home bit by bit, I had little need for an elaborate food plan every week. And, as a foodie, I love to roam the aisles and Impulse Buy. I may know three things I want before I hit the supermarket, but I don’t know the other ten. It is just not fun to sit at a computer and pretend I’m putting tunes on my iPod when in fact I’m hunting for paperless coupons for the Android for things I don’t even know I want yet.
Being Southern and polite, I just decided to silently drop the whole thing. But not the supermarket. Oh, no. The employees behind the tables now began to shout at us as we entered, DEMANDING we sign up They came armed with laptops to do the deed ON THE SPOT. They pushed free cookies and coffee to waylay unsuspecting victims. (That was an easy one for me to ignore, but no mom can get a kid past a plate of free cookies.) Still even if a shopper managed to run the entrance gauntlet, he or she still had to face to the Sign Up table in back across from the meat counter. (I guess vegetarians escaped this one.) And finally, the fresh-faced cashier would smile and demand the JUST 4 U info at check out like some sort of Free Mason hand shake that if I got right, would allow me to take the food home. Masonry went extinct in my family in my father’s generation. So, faced with leaving the groceries on the counter or finding a new place to shop, I learned to cleverly hand over my store club card and say, “This is all the discount I wanted for today, thank you.” (I mean the whole club card thing is a pain, too. Why can’t they just give you the low price to begin with?)
Lately, like the AmEx herd that got bullpenned, the JUST 4 U pushers are fewer and farther between. (I think the moms complained about the free cookies.) There are still plenty of customers with cute little coupon savers at checkout, handing over wads of rainbow-hued clippings. I actually haven’t seen a single phone scanned. I’m thinking the baby B-school genius who visited this plague upon us is Looking For Another Job right now. B-school genius has learned the hard way no one is going to deprive me of the extemporaneous fun of being an Foodie Impulse Buyer. Absolutely no one.

Me Versus the Painter or Drip, Drip, Part II

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I’ve had the uncomfortable feeling all week that I’m fighting the painter for possession of my house. Perhaps I’m reaping the other end of my current karma – although I haven’t squashed anything lately including ants. But since fixing the leaking sink and drying out the downstairs ceiling went so smoothly a couple of weeks ago , perhaps hitting a snag in the fixing process was inevitable.
The first hurdle was finding a painter at all. I called five or six on the first round and got zero callbacks. Hmm, I thought, perhaps I should give up law and fiction and learn painting. Although standing on high ladders is not my forte.
By and by a slick corporate outfit gave me an estimate, and a wiry little self-employed Irishman from Dublin bid on the job. Same price, both of them. Now I should explain I actually have two ceilings to paint. A month before the sink hit an iceberg, a strange, dark H shape appeared on my bedroom ceiling which is upstairs, just above the ceiling the sink would souse a few weeks later. I convinced myself it was a shadow for about two days, and then gave in and called the insurance company. The adjuster (and her rather cute boyfriend) diagnosed a leak in the circa 1978 skylight which sits high atop my roof. My buddy with the cute boyfriend sent me a check for painting the ceiling minus my deductible and left me to fend for myself with the dreaded Homeowners Association, who had jurisdiction over the skylight. Normally the HOA would rather die than move quickly but since it was about to rain, for once they acted promptly and fixed the leak. Whew! I thought I was home free, until the sink did its thing, and I wound up with two damaged ceilings. (Louise Hay has all kinds of wisdom about avoiding the thoughts that attract illness, but she says nothing about what kinds of thoughts attract wet ceilings. If I knew, I’d never have those thoughts again!)
Anyway, now flush with insurance company cash to paint both ceilings (within two dollars of the bids, can you believe it), I set out to hire a painter to do the downstairs ceiling which had two brown spots about the shape and size of Australia and New Zealand and the upstairs ceiling thoughtfully monogrammed with my last initial. (Or the beginnings of Helter Skelter, take your pick.)
You guessed it I picked the Irish painter. Three reasons. First, I am self-employed, and I try to hire other self-employed people. Second, the slick corporate guy also owned a day spa called “Coconuts,” and he kept talking about the “girls” who worked there. Did that make me a “girl lawyer” I wondered but didn’t dare ask. Third, I spent some time in Dublin when I was working on the Ph.D. that became a J.D., and I hadn’t heard anyone say “tink” and “mudder” for years. And, then, the Irish are born storytellers, and I love a good story.
But now it is Thursday night, I’m tired of stories, and my house has been a mess since Monday. Worse than that, the job was supposed to be finished today, and while the H has disappeared (thankfully) upstairs, Australia and New Zealand are still plainly visible downstairs. He’s turned them white, but he hasn’t made them go away. I have a bad feeling he doesn’t know how to. Just in case, I have developed a backup plan. If I’m still looking at albino continents this time tomorrow night, I’ll hire an artist to paint a full color world map on the ceiling. Might as well go with the flow.

Australia and New Zealand ceiling art to be

Australia and New Zealand ceiling art to be

Here’s the thing, Monday. Can I trust you?

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Twitter tweeted me today and said my account had been “compromised” and please get a new password. My daughter confirmed she had received a “tweet” that she knew didn’t come from me, so Twitter wasn’t kidding.
Awash in internet paranoia, I not only changed that one, but all the rest of them, too. After all, you never know.
The trouble with all these passwords is exactly that: “all these passwords.” I literally have to keep a cheat sheet in my desk drawer to keep them straight. And then, there are the web sites I don’t visit often, and honestly who can remember ten letters and numbers, preferably upper and lower case with symbols after three long months? Not me.
My daughter said she’d seen a notebook made expressly for listing passwords. I probably need that, since my current list slants across three well thumbed 4 X 6 cards awash in a rainbow of sticky notes for the after-added ones. If you are organized in the rest of your life, but your password list looks drunk, what does that mean?
Of course, I couldn’t take a password notebook out of the house because I’d promptly lose it. But I was thinking, it would look rather nice in my desk drawer where the helter skelter note cards with sticky notes now live.
The Twitter email just went hand in hand with Welcome To Monday. I try not to believe Monday has it in for me, but I do occasionally wonder if Monday is really a Ferrari driven by the Mischief Demon. I headed into my favorite FedEx Office this morning only to find they had botched a total of twenty six velo-bound briefs that I had left for the overnight shift to copy. Only last Monday, they had made exactly the same mistake on an overnight order. The stapled sets, they could handle, but the velo machine just brought out their creativity. Whoever works the graveyard shift has yet to grasp the obvious: a “copy” of an “original” has to look exactly like the original or else it is not a “copy.” You can’t have a single-sided original and a double sided “copy.” In lawyer-world, “copy” means “exact copy” not “in the ballpark.” (This obsession with nitpicking is also called “thinking like a lawyer.” I get paid to do this. Honest.)
At any rate, while I waited for the corrected velos, I exiled myself to one of my favorite home stores where I sniffed candles, bought a few of the good ones, and snapped up a pound of my favorite coffee at a wildly discounted price. Thank you, Monday Demon.
Then I headed back to FedEx and laughed myself into near hysteria reading “Laughter is Your Best Vacation” (which was seductively next to the impulse-buy candy under the cash register) while I waited for the staff to finish the 26 corrected velos. In the end, because I am pretty sure my work keeps the doors open at that particular FedEx branch, they gave me the entire order for free. Thank you, Monday Demon. Now on to Tuesday. (I’m thinking Tuesday drives a VW bug. One of the new ones that looks as if they took an old one and tried to turn it into a helium balloon.)

The Monday Demon

The Monday Demon

The Smile Project Or At War with “The Zombie Zone”

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Two years ago, I started “The Smile Project” because I became uncomfortable with “The Zombie Zone.” I realized that when I passed a person I did not know – in a parking lot, in a grocery store, at the gym, or while waiting in line to use the Ladies’ Room (because ladies, unlike gents, ALWAYS have to wait in line) – the two of us entered a Dead Zone where we were close enough to greet each other or at least acknowledge each other. But, of course, we didn’t do that because we were strangers. No, we passed with blank, dead looks on our faces. In other words, we became Zombies passing in the night. (Or in the day as the case might be.)
I didn’t like the Zombie Zone. I hated that split second when the approaching stranger was close enough to require turning my head to avoid eye contact. If I timed it wrong, and our eyes met, we became two strangers awkwardly wondering what to say to each other. If I timed it right and got my eyes out of there in time, we became two strangers awkwardly avoiding each other. None of this felt good to me.
I considered what to do. Throwing out a “Hi” seemed like a bad idea. The trouble with speaking was I’d be overheard, and I’d look and feel like a Real Idiot if I didn’t get a return greeting. And the odds were pretty high in California that random strangers were not going to greet me back.
So I decided to found “The Smile Project.” The rules were I had to smile at every stranger, young or old, male or female, who came within the Dead Zone. I’d wait until that moment when eye contact should be avoided, make contact, and smile. And then I would wait to see what happened. It was a no risk proposition because if my smile didn’t Undead the approaching Zombie stranger, no one but me would know.
I have enjoyed watching the reactions to “The Smile Project.” There are, of course, the Zombies who remain Undead and ignore me. (“Really, why is that strange woman smiling at me? Do you think she wants something? She’s kind of cute, but I don’t know her. Better get out of here fast where no one is smiling at me.”)
But most of the time, the reaction to my smile is a return smile. There is usually a startled moment in the beginning while my target tries to figure out why this strange woman is smiling at him or her, followed by a (1) a tentative return smile or (2) a big grin. Once in a while, my target will smile and say Hi, or Nice Day or even wave. A smile is the greatest icebreaker in the world.
The Smile Project is also very useful when Waiting in Line. Californians do not Wait in Line well. They whine, complain, and look for ways to cut. They do not simply settle in and accept the inevitable truth: there are other people on the planet and They are Ahead In Line. So here’s where The Smile Project comes in handy. I scope out my fellow Line Mates and smile at the one (or even two) who don’t break eye contact the minute they see me. I smile and say, “Nice earrings,” or “I love your boots,” or “Yeah, we love pepperoni pizza at our house, too.” Usually from my minimal effort, a conversation is born that makes me, at least, forget about having to wait. Other people love to tell their stories. And since I am a storyteller, I have two great passions: telling stories and listening to them. So passing the time listening to someone’s story is well worth the price of a smile.
The Smile Project is also like garlic to vampires when it comes to warding off angry stares. The grocery stores here have aisles wide enough for one and a half carts. That means if you stop your cart to select an item, you are automatically blocking traffic. And every turn from one aisle to the next is a blind turn because of the stuff they pile at the end of the aisles. Pulling your cart out in front of another person or asking someone to let you pass by can net you an angry glare because that person has just been forced to recognize There Are Other People In the World; and right now, in particular, Those Other People are in Their Own Personal grocery store. However, throwing out a random smile usually gets me a smile in return and often a pleasant verbal exchange about the need for smaller carts or wider aisles. You can see a glare melt under the shine from a smile. You really can.
The Smile Project is also a godsend in Costco where I am absolutely the Only Human Pushing a Shopping Cart and Watching Where I am Going. Haven’t you noticed that everyone in Costco is pushing his or her cart with his or her head sideways (think The Exorcist) looking for free food? Just smile when they run into you.
I invite you to try The Smile Project for yourself. It is totally no cost and very low risk. The worst that can happen is you will encounter a Zombie who likes being Undead. But not always. And something really magical happens when the Dead Zone vanishes because your smile has made a stranger’s eyes go from blank to warm. I didn’t expect much when I started The Smile Project, but it has been more than worth the effort.

Founder of the Smile Project

Founder of The Smile Project

Why A Good Lawyer is Like A Car Mechanic Or WHERE HAVE YOU BEEN?

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Back in the day when newspapers arrived on the doorstep in the morning instead of on iPads, Nooks, and Kindles, people had careers as newspaper columnists. Anne Landers, who died recently, was one. Erma Bombeck was another. Depending on whether the column was published daily or weekly, the writer labored on a regular basis to produce copy audiences wanted to read.
Now I fully understood that a serious blogger has the same responsibility when I opened my little word shop on WordPress some months ago. I figured the Christmas holidays would be my temptation to backslide. Wrong. I sailed through Christmas with flying blogger colors.
No, it was January that derailed my weekly posts, and work that snuck up on me on little cat feet like the fog in Carl Sandburg’s poem. My job involves three things: reading, writing, and staying sane reading about crime for a living. I am the appellate version of the public defender, and I tell the stories of guilty people who have made some pretty bad mistakes. I tell their stores to the mid-level courts of appeal here in California and to the California Supreme Court and write lots of legal reasons why they should get new trials. (That doesn’t happen, much, as you’ve guessed.) You lose in the trial, court I’m your next step in the food chain.
How do you represent guilty people, most people gasp at this point. It’s not hard. Here’s why: a good lawyer is like a car mechanic. Think about it. Your mechanic does not get emotionally upset when you and the tow truck arrive at his shop. (Well, truth to tell, they do get kind of emotional about MiniCoopers, but that’s another story and an exception to the rule. Every lawyer knows there is an exception to every rule and probably more than one. But that’s another story, too.)
Your friendly car mechanic does not give you a lecture or cite scripture or otherwise have an opinion about fault and broken machinery as your car exits the tow truck. No, the mechanic looks at the problem, gives you an estimate, and goes about the job of fixing what he can.
His blood pressure never rises.
And that’s what I do. I read what happened at the trial and write the story for the court according to a prescribed set of legal rules. I do not judge. That is not my job. The jury judges. I just write.
The other way to look at what I do is to consider baseball. I’m the pitcher. My job is to throw the balls across the plate. The umpire (the court of appeal) calls the balls and strikes and says when the batter is out.
Anyway, although I am paid by the state, I am a subcontractor, which means I am self-employed. I had no background in self-employment until I began this job. My father was a government employee, and I had always had salaried jobs, too. The downside to salaried work is you work according to hours your boss sets, on projects your boss dictates, and according to rules your boss makes. In exchange for giving up these freedoms, you get a paycheck at promised intervals from your boss. But self-employed people only get paychecks when they have completed the work they have contracted to do. Sometimes that means a lot of paychecks, and sometimes it means not so much. Work flow is uneven. The perks are you have more control over your time and the projects you agree to do. You set your own hours and work in you jammies if you want to. (Me the fashion plate does not often want to. But that’s another story, too.)
There are advantages and disadvantages to both forms of employment, and everyone is different; so it is not a one-size-fits-all world. It took me a long time to learn how to manage my little business, but I’ve done a good job, and I’m very proud of my achievement. I’m rainmaker, CEO, chief partner in the firm of one, accountant, secretary, and gopher.
To my great delight, January rolled around with a bumper crop of good projects for me. Smile! But that meant giving up a lot of my own time to read and get ready to write the briefs that will be due over the next few months. Sigh! So I’ve not forgotten my responsibility as a serious blogger. I’ve just had it temporarily derailed by a sudden influx of work. Instead of blogging at night, I’ve been reading about murder. And not murder as in Agatha Cristie or Inspector Morse.
I’ve missed blogging, but self-employed people must never, never look a gift horse in the mouth. It is very bad luck. Always, always be grateful when you have too much work to do. Beating the bushes looking for work is not fun. This is the first and the greatest law of self-employment.
I suppose I could make up for my lapse by posting in rapid-fire succession all the posts that have been on my mind over the last few weeks. But I kind of dislike being bombarded. I respect my fellow bloggers who, like me, have fallow times. Four posts a week from the same source, as entertaining as they can be, sometimes overwhelm me. I want to take in everyone’s info and express my gratitude, but there’s only so much of me to go around.
Anyway, I am back. I intend to adhere to one a week, and I am grateful for the New Year, for my readers, and for all the pages and pages of murder trials that are hanging around my office waiting to be spun one by one into unbrief briefs. (Only a lawyer would call 25,500 words a “brief”!)
iah109ts

My Personal Memorial to the Children and Teachers of Newtown

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I have been crying since mid-day on Friday. I came home after brunch with my oldest child, my lovely now grown-up daughter, to hear the horrible news from Newtown, Connecticut. For the rest of the day, I sat at my computer writing an opening brief in another heartbreaking case – a father’s trial for the abuse of his six-week-old baby – and I cried as I worked. It was all I could do.
I kept thinking of Jeremiah 31:15: “Thus saith the LORD; A voice was heard in Ramah, lamentation, and bitter weeping; Rahel weeping for her children refused to be comforted for her children, because they were not.” So I thought of Passover and, then, later of Herod’s massacre as he searched for the Christ child. Matthew 2:18, writing of Herod, parallels Jeremiah: “A voice is heard in Ramah, weeping and great mourning, Rachel weeping for her children and refusing to be comforted, because they are no more.”
There is no grief deeper, I think, than the loss of a child. Jeremiah and Matthew capture that. A born Southerner turns to the King James Bible in times of great grief, even if he or she hasn’t been in a church for some time. It is our heritage and our culture. So the words haunted me.
As I worked and cried, I looked over at the Christmas tree in my living room. News like this never comes at an acceptable time. But it’s particularly hard at Christmas when children of six and seven still believe in Christmas Magic. When my own children were small, I taught Sunday School; and every Christmas, I taught them about the coming of the Christ Child and about the shepherds and the Magi, who traveled to witness the miracle of so much love entering our world. Children of six and seven can believe in the magic of Santa and the joy of Christ’s birth whole-heartedly in a way that we, as adults, can only marvel at. And bask in its glow.
The conundrum of human love is that it inevitably leads to loss. In what form, we cannot predict. But from the beginning of any loving relationship, we know there will be an inevitable end. Some people – and I have known my share of them – refuse to love so they cannot experience loss. To me that choice is the equivalent of refusing to live. For only by loving others can we be truly who we were born to be and be truly alive.
When my grandfather was 104 and still as sharp mentally as anyone could be, he said one day that he was not afraid of death. He said that to him, death was simply another part of life. I have lived from my beginning knowing that we are immortal spirits. I will not tell you how I know. That is too personal. But I know. And so I know that the twenty-six amazing souls from Newtown have been separated from us, but they have only been transformed, not lost. Still, the separation is a great grief. Yet as I watch and experience this profound sadness, I see how this unthinkable loss unites us, and I marvel at the strength and the good that comes from human beings in the face of great tragedy. The word that Emilie Parker’s father used in his moving speech about his lovely child is the touchstone for all of us: Compassion.
I cannot travel to Newtown and place flowers or candles or stuffed animals at the memorial. I cannot tell every parent how I how hold them in my heart, and the tears I have shed with them. But on Saturday, I did finally think of my own private way to create a memorial in to these amazing souls. And it goes like this:
I was buying food at Trader Joe’s. Our TJ’s is also next to a Chuckie Cheese, so on Saturdays the little food store is full of families who have completed the Chuckie Cheese adventure and are buying groceries before heading home. Tiny people are whizzing tiny shopping carts through a highly crowded environment and, at the same time, looking for the Trader Joe’s Monkey, hidden somewhere in the store. Finding the Monkey nets a child a sticker or sometimes a gold coin made of chocolate.
As I began trundling my own adult-sized shopping cart through the store, I dodged several pint-sized shoppers who were bent on finding the Monkey and definitely were not looking where they were going. And suddenly I realized that I was not all inconvenienced by having to look out for them. No, I was inspired by their joy and happiness, and by their confidence they would reap the prize at the end of the adventure. And I thought that if the new little angels from Newtown were powering those shopping carts, they would be excitedly on the same adventure. And I was happy at the thought.
If you let it, the joy and magic of being a child can still rub off on your adult self. My own personal memorial will be always to enjoy and give thanks when I am in the presence of the magic of children. I have to say, I have always believed in this. Kids and dogs come to me spontaneously – I guess because I never grew up. But I don’t say think you enough for being in the presence of so much joy. And from now on, I will. And I will remember Newtown and its children, whenever I do. Thank you for the magic of being a child and for letting those of us who have grown up be touched by your magic. We love you.

Me Versus The Machine

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The National Institute of Neurological Disorders and Stroke says “nearly everyone” at some point experiences lower back pain. What an optimistic thought!
Well, I can say I am now a card-carrying “nearly everyone” because for a few months now, my lower back has been complaining about being Itself. When I ran out of physical therapy sessions, I trotted off to see the Spine Specialist to get some more.
Now, the Spine Specialist was not someone to be taken lightly. Like a college course, he had Prerequisites. After getting over the first hurdle and demonstrating I had insurance and could otherwise afford him, I had to get over the second requirement: get the offending lower back x-rayed. However, that was not a difficult chore. I showed up at the Imaging Center, put on one of those silly hospital gowns that no one can tie in the back, and stood in front of the x-ray machine, having a pleasant chat with the technicians for about ten minutes. Blood pressure barely raised. Mission Accomplished.
A few days later, armed with my lovely pictures in black and white on a DVD in a cute little pink and green paper sleeve, I was ushered into the August Presence of the Spine Specialist, who turned out to be a nice young doc with a lawyer sister and a great sense of humor. He watched me walk back and forth across the office a few times, poked here and there, and said I’d have to get an MRI. I decided it would not be polite to point out that I’d already brought him some perfectly nice x-rays that did, in fact, report my lower back had Issues. He had The Picture, in other words. What more did he want?
Now I had my doubts about that MRI from the get go. A couple of years ago, I took a big, splatty fall in my house and wound up in the emergency room around 10:30 at night where they were trying to decide if I had injured my spleen and, therefore, was going to bleed to death shortly. After the CT scan, which I was not a fan of by the way, they decided my spleen was perfectly all right; but not to be outdone for drama, they then decided I had an unknown something on my liver. At around midnight, they announced I was going back to radiology for an MRI to see if the newly discovered spot was going to kill me any time soon.
And I said, NOT! For a number of very good reasons. First, it was the middle of the night. Second, I’d been there most of the afternoon. Third, I was starving. And, fourth and most important, I wasn’t in the frame of mind to hear I was going to die on an empty stomach in the middle of the night. That news could wait a few days. Or at least until I’d eaten and slept. (In that order.) So I went home, leaving the ER Drama Queens without their fix for the evening.
And then, ever obedient, I showed up a few days later, rested and fed, for the MRI at the Imaging Center. As you’ve probably guessed, it didn’t end well. After about a hour of being stuffed into the tube with a belt around my middle which didn’t let me breathe, I pushed the panic button and got ejected from the contraption, white as the sheet covering me and on the verge of passing out.
The technician panicked and called the radiologist, who brought along the rest of his lunch to finish, in case I wasn’t actually going to pass out or die on them. Both of them stood over me while I gasped for air and tried not to see stars. Ejected from the tube, and with the happy news I had nothing worse than a birthmark on my liver, I headed home. But not before the radiologist, still munching his lunch, leveled a parting shot as I exited: New time, TAKE DRUGS.
Which I hadn’t the slightest intention of doing. I don’t like to be drugged. I’m not addict material.
Anyway, in order to return to the August Presence of the Spine Specialist, I had to report to the Imaging Center once again this last Saturday morning. I was DETERMINED to get through this one , and to prove I was not a wimp. Everyone said MRI’s were nothing, so nothing they would be to me, too.
Besides this one was an OPEN MRI. Which I quickly discovered was about as closed as the other one. It just had a kind of peephole on the left-hand side.
However, still DETERMINED to spend all fifteen minutes in the thing, I put on the headphones which were playing Chopin and let them slowly slide me into the machine. AND THEN —- It sounded as if a jack-hammer was drilling inches from my tummy. Chopin vanished, to be replaced by the worst banging and vibrating I had ever experienced. I closed my eyes and tried to go into Zen mode, wishing for an out-of-body experience that would last all of fifteen minutes.
But, alas, I remained firmly stuck in body and under the jack hammer of the machine. Suddenly I realized that the vibrations were triggering an odd little heart arrhythmia which I’ve had all my life. The doctors assure me it can’t kill me, and so far they’ve been right. But it is very weird to feel your heart actually pause long enough for you to wonder if it’s going to beat again.
While I was urging my happy little heart to make up its mind, I pushed the panic button. I had lasted less than a cowardly three minutes. I had completely and utterly flunked the MRI. Again.
Well, Spine Specialist happily forgave me because I’m such a doer. I stretch and work out my core, and buy new chairs to sit in. And I chant Louise Hay affirmations about moving confidently into my future (although I don’t tell the Spine Specialist that one.) My back is better and I’m determined it is going to GET WELL.
But here is my question for the medical profession. If we can put a man on the moon, find water on Mars, and transplant hearts and faces, how come we can’t make an MRI that lets you have a pleasant chat with the technician the same way you can with an x-ray? I mean get real. Who actually wants to be stuffed into a tiny tube and subjected to all the joy of having a jack hammer go off above you every so many minutes? Who said that is utterly benign activity? Definitely NOT ME! I think the attorney who gave the Bush administration the legal opinion that water boarding was just fine, should have suggested the MRI instead. Those guys would have cracked in a heartbeat. (Especially if they have hearts like mine that sometimes stop to Make Up Their Minds.) And I’m sure the Geneva Convention wouldn’t have batted an eyelash.

The MRI

The MRI