Law and Conversation

March 2, 2014

Another article online!

I’m pleased that Bloomberg BNA has made one of my conference reports available online. It’s from the midyear meeting of the National Organization of Bar Counsel, held in Chicago in February, entitled “Speakers at Bar Counsel Meeting Probe Gray Areas in Ethics of Advice on Marijuana,” and reports a program at which the speakers addressed how lawyers may advise marijuana business clients (and now recreational marijuana business clients also, in Colorado and Washington) in states that have decriminalized marijuana use without violating lawyer ethics rules.

Previously I linked to other articles I’ve written that are freely available.

January 20, 2014

Martin Luther King Day, Father Pfleger, and stories

Getting to hear the remarkable Fr. Michael L. Pfleger speak on violence last week at a meeting of an organization of lawyers and judges to which I belong was especially timely given that today is Martin Luther King Day in the U.S. I can’t adequately summarize everything he said–you need to listen to him yourself–but, among other things, he emphasized the importance of good schools and education for every young person and said that we as a nation must “come to terms with our love affair with guns.” I couldn’t agree more.

Fr. Pfleger is an eloquent, direct, and dynamic speaker whose message deserves wide dissemination. You can read more about him and watch a number of his speeches on the website of Chicago’s St. Sabina Parish, where he is pastor. Be sure to check out St. Sabina’s main page, too, which has other links of interest.

Several rather disparate books I’ve read in the past few years came to my mind on this holiday honoring Dr. King:

1) Narrative of the Life of Frederick Douglass, a remarkable memoir that takes the 21st-century reader inside the life of a 19th-century slave. The link takes you to a site with the free text.

2) Martha Washington: First Lady of Liberty, by Helen Bryan. This well-written and carefully researched biography is not only a fascinating story of its subject but also a detailed study of slavery that demonstrates what a deeply sick system it was and what profound and long-lasting effects it had for our country. A bonus for me was noticing that the author, whose job was quite difficult because her subject deliberately left so little documentation for posterity (Martha burned every scrap of correspondence between herself and George that she could find), is a lawyer.

3) Let the Great World Spin, by Colum McCann. The book as a whole did not quite work for me; it consists of several stories of people in New York City that the author links with 9-11-01, and I did not find that the link was strong enough to call the separate stories a novel. But McCann writes really well. His depiction of the violence and despair in New York’s inner city is realistic and heart-rending.

The speeches of Martin Luther King, Jr. are, of course, tremendous. CNN has a story of some that are often overlooked or overshadowed by the more famous “I Have A Dream.”

How inspiring and hopeful that one man could effect such change in our country through determination and nonviolence.

January 6, 2014

Cross-examinations and Author Interviews

A good author interview, like a good cross-examination, is a thing of beauty. In both, the lawyer or interviewer seeks to flesh out a story. For the lawyer, the story is the one told by the witness, which is a smaller part of the story presented by the lawyer’s client’s opponent. For the interviewer, the story is the author’s work. Like the witness’s story in a trial, a book is a component of a larger story that includes the real-life background and events that inspired the author to write it, which may include political issues, current events, history, and the author’s personal life.

An effective cross-examination or author interview will seem relaxed and effortless. But the lawyer or interviewer has to work really HARD to make it look so easy. The lawyer will know the facts of the case inside and out, including what each witness said happened, what, if any, motives the witnesses have to shade their stories, and how the witnesses’ perceptions might have been altered (as by a vision angle or tendency toward selective memory); what documents exist, what they say, when they were created, and who created them; and how to elicit the story so as best to help the judge and/or jury to understand it. The effective interviewer will have acquired a familiarity with the author’s works by reading or at least skimming not only the one designated for discussion but as many of the author’s other writings as possible, knows enough about the current or historical background of the book to speak and ask intelligent questions about it, and will have found something out about the author’s personality and personal history. A great cross is never about the lawyer, and a wonderful interview is never about the interviewer: both are all about the subject.

Apart from substantial reading and research, both trial lawyer and author interviewer face another challenge: getting the witness or the author to answer the questions. Both may be reluctant or even hostile. Court rulings may place limits on a lawyer’s ability to ask questions of a witness (even over the general rule that cross-examination is limited to the scope of the direct testimony), and superstar authors may succeed in conditioning interviews on avoiding certain uncomfortable topics. Even absent such special circumstances, witnesses often do not want to testify at all, let alone be cross-examined by the lawyer for an unfriendly party. While authors typically want to sell their books, they may not want to talk about them, or may not want to talk about the aspects that the interviewer wants to discuss. In fact, it’s not unusual for an author to hate book tours and interviews. An effective interviewer, like an effective trial lawyer, has to be prepared to deal with the hostile or oyster-like subject without losing equanimity.

The Paris Review’s long-running series of author interviews is renowned for its depth. I’ve also long been a fan of Australian Ramona Koval’s author interviews on “The Book Show,” a sadly now-defunct broadcast of the Australian Broadcasting Company, which I listened to for years via the modern miracle of podcast. I’m pleased to learn via The New Yorker that Koval has now published a collection of her interviews, “Speaking Volumes.”

Other interviewers whom I particularly admire include Dick Cavett, NPR’s Terry Gross, Radio New Zealand’s Kim Hill, and the CBC’s Eleanor Wachtel and Jian Ghomeshi. All, like Koval, are impeccably prepared and show a genuine interest in their subjects, are unfailingly gracious, and elicit wonderful stories from their guests. For two examples of an interviewer’s grace in dealing with the difficult subject, see Ghomeshi’s interviews with Billy Bob Thornton and Cissy Houston.

Interviews occur every day in all kinds of work and life contexts. How do you deal with the difficult subject, whether at work or a cocktail party? Don’t tell me you just walk away; cutoffs are copouts. I’m looking for comments describing situations where you, like the litigator or the talk show host, MUST continue to engage and interact with the person.

October 23, 2013

Recent articles online

As part of a team of lawyers at the American Bar Association and Bloomberg BNA, I write and edit the ABA/BNA Lawyers’ Manual on Professional Conduct. Every now and then, someone asks me if they can read them. Most are behind a paywall, but a few are posted on this or that website and are freely available. Here are some of them:

Panelists Examine How Prosecutors Can Be Held Accountable for Misconduct, 27 Law. Man. Prof. Conduct (2012)

APRL Panelists Debate What Role Regulation of Lawyer Ads Should Play in 21st Century, 29 Law. Man. Prof. Conduct 103 (2013) (Oops! The final page of this article, p. 105, was unfortunately not included. The final page online, p. 106, is the end of a different article that I wrote reporting another program from the same conference and the entirety of still another short article, cited in the next paragraph here.)

Lawyers Who Counsel Other Lawyers Should Give This Advice, Judge Suggests, 29 Law. Man. Prof. Conduct 106 (2013) (scroll down to last page)

Internet Marketing Raises Ethics Issues But Bar Representatives See Few Grievances, 29 Law. Man. Prof. Conduct 1 (2013) (you can also access the article here on BNA’s website)

Speakers Say Anticipate Potential Problems Before Lawyer Leaves Firm or Dies Suddenly, 29 Law. Man. Prof. Conduct 4 (2013) (scroll down to 3d article at link)

I’ve also filed reports for the Lawyers’ Manual on cybersecurity, the new ethics regime for solicitors in England and Wales, and government lawyers and ethics, among other topics. And I’ve just finished one on third party opinion letters from last week’s mindblowing Aon Law Firm Symposium, held in Chicago. I was especially pleased to get to cover the session on third party opinions because I recently updated that chapter in the Lawyers’ Manual, and it’s exciting for me to see it published on the ‘net less than 24 hours after final edits.

October 22, 2013

Aya is back!

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From checking Amazon and Drawn and Quarterly’s website I knew there were more than the 3 collections of Aya comic strips that were available in my public library and which I read and enjoyed three years ago. But they were available only in French and Spanish, and I wanted English translations. So I was thrilled to find a new omnibus collection, Aya: Love in Yop City, on the shelf of new graphic novels the last time I was at the library, and I promptly checked it out.

If you’ve read much of this blog, you know I’ve loved comics since I was a child and that I’ve been on a graphic novel jag off and on for several years, ever since reading Marjane Satrapi’s “Persepolis” a few years ago. I’ve also specifically written of how engaging I find the Aya series, written by Ivorian native Marguerite Abouet, who now makes her home in Paris, and gorgeously drawn by French artist Clement Oubrerie. The new collection is as delightful as the other three volumes, and very much worth the wait. To my delight, I also spotted a number of legal issues in the tightly crafted story about a girl growing up in 1980s Abidjan, the largest city in the Ivory Coast.

Aya is now a college student studying medicine, still living at home in the working-class north Abidjan town and commune of Yopougon. At the outset of the story, she receives a rude introduction into the adult world of unfairness when her biology professor turns out to be a bully who subjects her to explicit quid pro quo sexual harassment, telling her she can forget about medical school and that she’s too stupid ever to be a doctor when she spurns his advances.

Abouet is really good at weaving several subplots about Aya’s friends into her main narrative. Her friend Adjoua’s brother’s ex, Innocent, has decamped to Paris to seek his fortune but has a rough go of it; culture shock and immigration issues in early 1980s France make things difficult for him, just as they often do today in France and the U.S. alike, as well as many other countries, for foreign-born individuals seeking to immigrate. Luckily, Innocent makes a friend when he saves another young gay French man, Sebastian, from being beaten by thugs. The horrified reactions of Sebastian’s and, in a later, different subplot development, Adjoua’s parents on their sons’ coming out to them as gay inevitably called to my mind the public debate in this country over bullying and seeking legal means, including tort suits and criminal statutes, to combat it, as well as over the increasing inclusion of sexual preference in anti-discrimination laws and enactment of laws permitting same-sex couples to marry.

I got to attend multiple programs recently at Chicago Ideas Week. Chicago native Dan Savage, a writer now living in Seattle, spoke at one of those programs about the It Gets Better Project that he started with his husband in response to the suicide of a gay teenager after having been bullied.

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Gay kids, of course, aren’t alone in being subject to bullying for being different. Though Savage’s admirable project is directed specifically and primarily toward young LGBT people, the message of the project and the videos applies equally well to all who are feeling as if they don’t and will never fit in in their schools, families, or other communities. I hope the project helps not only LGBT youth but straight kids, too; it seems to me that if people could feel safe being true to who they really are (I’m exempting sociopaths, of course), an enormous amount of unhappiness and conflict in the world would vanish. Remember not only Rudolph, but Hermie in “Rudolph the Red-Nosed Reindeer,” who wanted to be a dentist, not a toy maker like the other elves?

And there’s something else that’s really cool: The stories of Aya in 1980s Ivory Coast and Hermie the elf in a 1960s American movie resonate with each other and with the U.S., France, and the rest of the world in 2013. Linking the commonalities of people from vastly different backgrounds, places, and times is one of the great things about stories.

So please go read Aya! Abouet deftly and satisfyingly resolves all of her subplots, and, as I mentioned, Oubrerie’s artwork is just beautiful. And I couldn’t help but be pleased to see that strong, sensible, intelligent young heroine acquire an admirer who seems worthy of her. The book is billed as the conclusion to Aya’s story, but I’m hoping Abouet and Oubrerie will continue their collaboration; I’d happily settle for a new series with different characters, though, if they feel that they’ve taken Aya as far as they can.

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