Law and Conversation

July 22, 2013

Charles Dickens, George Zimmerman, and Trayvon Martin

Instead of watching the George Zimmerman trial, I was reading “Little Dorrit.” The long 19th century novel by Charles Dickens had been on my list for a LONG time, and it had been a few years since I’d read a Dickens novel. I enjoyed it immensely.

As I was reading it, I was thinking about how different the great novels of the 19th century are from the literary novels that are published today. Among many other differences, Dickens’s characters are generally more two- than three-dimensional. Many, particularly the supporting characters, are types, and even the main characters behave completely predictably and provide no surprises. Little Dorrit, for example, is Goodness personified—a martyr who never, ever, appears to feel any anger or resentment toward the rest of her family for allowing her to support them, sponging off her labor and good works. Rigaud/Blandois, the villain, is completely evil—a sociopath with no redeeming qualities. The story’s hero, Arthur Clennam, along with his friends, Mr. Meagles and Daniel Doyce, is completely morally upright; like Little Dorrit, Clennam is very, very good, never appears to feel or express any resentment toward those who have treated him badly, and is also a bit of a martyr who has to be coaxed and convinced that he’s not washed up in his thirties and too old to have a life. Compare it to Jonathan Franzen’s “The Corrections,” for example: I’ve heard Franzen criticized for writing a 19th century novel in the 21st century, but for me his narrative was timely and fresh, with imperfect, human, three-dimensional characters.

For Dickens, it’s all or nothing; a character is either good or bad. Amy Dorrit, Arthur Clennam, and Monsieur Rigaud don’t exist in real life. They have no complexity, no shades of gray—they’re more like windup dolls than humans. But notwithstanding the book’s largely flat, predictable, unrealistic characters, “Little Dorrit” is a great story, driven by a complex plot if not by complex characters, and we still read and enjoy it 160 years after he published it.

Like Dickens’s works, most of the stories I’ve read about the Zimmerman trial have flat, predictable characters. For many, the correct story of what happened is that Zimmerman was an evil, aggressive racist, while Martin was a peaceful saint. For others, the story is that Zimmerman was heroically protecting his neighborhood, while Martin unreasonably attacked him and was viciously beating him up. The former camp’s rhetoric comes pretty close to suggesting that Zimmerman was acquitted because of racism and he should be retried until a court reaches the result they think is correct; the latter camp’s, that it wasn’t at all a bad thing that Zimmerman was prepared to, and did, shoot point-blank to kill. So from the first camp, never mind double jeopardy, and from the second camp, never mind that we have a police force to address suspected criminal activity. If you think about it, both camps seem to agree on one thing: if law enforcement or the courts do not administer what people who weren’t there and/or don’t have all the facts think is the correct result, taking justice into one’s own hands might be a good thing to do. That’s horrifying.

Amid all the shouting and handwringing, two blog posts about the Zimmerman trial stand out for me: Miami, FL lawyer Brian Tannebaum on The Embarrassment of the George Zimmerman Verdict and NYU law professor Stephen Gillers on An imaginary dialogue trying to explain Florida v. Zimmerman to someone who has not had the benefit of a legal education at The Legal Ethics Forum. Both focus on the human reality and the law of the events and the trial.

As for me, I’m not seeing a Dickensian story with flat, good or evil characters here. Though I’m mindful of Tannebaum’s admonition “You weren’t there, and you don’t know what happened,” I’m seeing two basically decent people, Zimmerman and Martin, who both made some unwise decisions one evening that ended up in Martin’s losing his life and Zimmerman’s having to spend a chunk of his life, and probably a lot of money, defending a criminal prosecution and becoming an object of hatred for a lot of people. I’m also seeing an enormous amount of handwringing about racism—which we can all agree is a bad thing—and very little interest in rethinking our country’s attitude toward guns and the law. To the contrary, every time there is a gun tragedy, whether it’s a bunch of people getting shot at a movie theatre, little kids getting shot to death at an elementary school, or a young person who had his whole life in front of him getting killed a short distance from his family home, the ultimate result has been even more rhetoric, policy, and laws encouraging people to get and carry guns.

So how did that pro-gun attitude and those pro-gun laws work out for everyone in the Zimmerman case? Not too well for Martin, who’s dead. Not too well for Zimmerman, who had to spend lots of time and resources that he could have been dedicating to his family and his personal pursuits defending himself in a criminal prosecution instead, not to mention becoming an object of opprobrium for a significant number of people, many of whom he will probably encounter in the future. (OK, maybe Zimmerman will get a lucrative book deal and sell movie rights to his story and go on the speaking circuit, but if he does (and maybe he won’t–I certainly don’t know what he will or won’t do), he will have paid quite a price for those things.) Not too well for the country, either: following the verdict, there’s an increased perception on the part of many that Zimmerman was acquitted because his victim was African-American (if you have questions about the reasons for the verdict, please read Tannebaum’s excellent post) and that our system of justice doesn’t work as it ought.

I’m familiar with the arguments for opposing limitations on firearm ownership that many honorable and intelligent people hold dear. “When guns are outlawed, only outlaws will have guns” was a facile and popular saying when I was growing up, and one which I myself espoused as a young person; while that’s still around, more lately I’ve seen “The only thing that stops a bad guy with a gun is a good guy with a gun.” They sound good and easily roll off the tongue, but both ignore human complexity as much as Dickens’s stories do.

I can recognize that there may be a few occasions where a Bad Guy/Outlaw, or someone who’s gone off the deep end, is prevented from shooting people because there’s a levelheaded Good Guy, who’s also a crack shot, in the vicinity with a gun and is in just the right position to get a good shot off to take the Bad Guy down without killing one or more innocent bystanders in between. Note, however, that those are a lot of factors that need to converge; if any one of them is not present—Good Guy isn’t levelheaded, isn’t a great shot, isn’t in precisely the right position, Bad Guy or Innocent Bystanders move out of or into Good Guy’s bullet path—the story doesn’t have a happy ending. Story also doesn’t have a happy ending if person standing next to Good Guy as he pulls out his gun doesn’t realize he’s the Good Guy and thinks maybe he’s a Bad Guy and takes him down, maybe with his own gun. (How are we to recognize the Good Guy, I wonder? How do we know the guy standing next to us who’s pulling out a firearm in the shopping mall, or in the movie theatre, or on the subway, is going to save us and isn’t another Bad Guy?)

Far more likely to occur are any number of less than ideal scenarios. Maybe our hero, the Good Guy, is actually an officious busybody and wannabe hero who misreads a situation so badly that he (or she) ends up killing someone who wasn’t a Bad Guy at all. Maybe Good Guy has the best of intentions but isn’t a crack marksman and takes out Innocent Bystander instead of Bad Guy. Maybe our Good Guy who’s lawfully carrying a gun around has dementia; if you think that concealed carry laws, or open carry laws, are a great idea, is that something that makes you feel safer? (Can you write a statute that prevents someone with undiagnosed dementia or paranoia, or an uncontrolled temper, or bad judgment, from possessing firearms? I don’t think so. Writing statutes that do just what you want them to do, and nothing else, is HARD.) Or maybe our Bad Guy isn’t a fundamentally bad guy, but is legitimately feeling unfairly treated by the world, maybe is clinically depressed and not thinking rationally, maybe is chronically angry at not being in the position he thinks he should be in due to various unfairnesses in his life, experiences a Last Straw that might be getting laid off, or evicted, or divorced, or sued, or cut off in traffic, and in a moment of appallingly poor judgment takes out the gun that he’s lawfully carrying and uses it—maybe on others, maybe on himself, maybe first the former and then the latter. Or maybe we have two generally good guys, or two general jerks, or one of each, who are lawfully carrying guns, take offense at each other’s actions, and, in the heat of their disagreement, take out their guns and use them.

All of those scenarios are realistic, and all end up as tragedies. All, I suggest, are far more likely to happen in our gun-encouraging culture than the flat, two-dimensional Good Guy With A Gun saving the rest of us from the flat, two-dimensional Bad Guy With A Gun. And with no change in our country’s pro-gun attitude, and no change in the laws, I suggest that they ARE increasingly likely to happen.

Sadly, since the shootings at schools and movie theaters, the reaction that has carried the political day has been “We Must Have More Guns,” and the only changes in the laws have been changes that make it even more likely that there will be more George Zimmermans and more Trayvon Martins. President Obama recently said publicly that he could have been Trayvon Martin, but you know what? So could any of us, and so could any of us be George Zimmerman if we opt to carry guns.

For now, I’m returning to my Dickens novels, and to 19th century England. But I have no doubt that, as I did when reading Goethe’s “The Sorrows of Young Werther,” set in 18th-century Germany, I’ll continue to find resonance in these novels of past times and faraway places for events occurring in the 21st century USA.

July 8, 2013

Progress report: Dickens down and articles published

Recently, after a couple of years of spending way too much time thinking and talking about it, I finally buckled down and read another Dickens novel. The reason it took me so long to get around to it is that most novels by Dickens are SOOOOO long – editing was a lot different in the 19th century, if there even was any – and I knew it would take me a few weeks before I’d be able to finish it and add it to my list of books read, so I would not get the quick (though superficial) gratification that would come with finishing several shorter books and watching my numbers grow. My lovely Folio Society edition of “Little Dorrit” weighed in at 2 or 3 pounds, I’m guessing, and over 800 pages. But it was such a pleasure to read, both for the story and for the attractive edition, that I toted it along on long and short trips while I was in the middle of it. Definitely more satisfying than reading 800 pages of several not-so-great novels!

Reading a Dickens novel was on my list of New Year’s resolutions, so I feel especially pleased about finishing it. And because I enjoyed it so much, I’ve decided to reread “The Pickwick Papers,” which is a total delight, and also, finally, make headway in Claire Tomalin’s biography of Dickens, which I’ve had on my nightstand for a couple of years. Learning more about the real-life details of Dickens’ life that inspired his plots, themes, and characters brings even more meaning into the novels for me. And, of course, it’s neat to learn a bit about the law offices where he worked briefly. Proving Nora Ephron’s observation that everything is copy, Dickens put his experiences and observations there to excellent use in his fiction.

I have more thoughts on Dickens and “Little Dorrit” that I’ll post another day. In the meantime, you can read 2 articles that I wrote last month for the ABA/BNA Lawyers’ Manual On Professional Conduct on the ABA website, one on a blogging lawyer and the other on the death and dissolution of law firms.

February 15, 2013

3 wonderful website reasons why I don’t always read a book a week

One of my goals for 2013 is to read at least 52 books. In 2012, I averaged just under a book a week. That is a fair amount of reading, though it’s only fair to note that most of my choices were not 500+ page epics. But for this year, I’d like to achieve the congruency of 52 books in 52 weeks. Plus, I’m always looking to improve on my past performance.

With a substantial chunk of commuting time available every day, why didn’t I read more books last year?

Surfing the ‘net may have a bad name, but there’s a LOT of wonderful writing in cyberspace, and mobile devices facilitate finding it even in transit. Here are three great websites that I found only toward the end of 2012, on occasions when I was a bit too tired to decide to focus on a nice, old-fashioned book:

Longform.org. A colleague told me about this wonderful site that aggregates long form journalism from publications such as The New Yorker, The New York Times, Vanity Fair, New York magazine, Esquire, Outside, The New York Review of Books, The London Review of Books,….I could go on and on, but why not just click on over and check out the 300+ pages of article links for yourself?

Legalnomads.com. Jodi Ettenberg is a lawyer from Canada who quit her BigLaw job in New York in 2008 to travel the world and she’s still going. She explains how she made her decision here. She loves food, too, and has learned how to enjoy wonderful international cuisine, especially from street vendors, even with celiac disease.

AngieAway.com. Like Ettenberg, Angie Orth, whose background is public relations, quit her job in NYC to travel the world. That was in 2010. She, too, is still going. She describes how she maintains her globetrotting life here. Bottom line: she works her behind off and loves it. Her writing, like Ettenberg’s, has a strong, positive, and well-grounded voice. The photos on both blogs are gorgeous.

True, I’ve found a certain amount of junk along with the gems, but it doesn’t take long to hit the X button or delete. I count as well spent the time I’ve enjoyed reading and learning from posts and articles on each of those sites, as well as posts on other sites I found through them, not to mention assorted other interesting folk I follow on Twitter who write on matters other than travel. I don’t keep track of those articles, nor of the print journalism or short stories I read, but it’s a lot!

Screens lure many of us, including me, away from books. But one of my 2013 resolutions is to meet the book-a-week goal. So far I’m keeping up with it, possibly in part because I haven’t visited any of those wonderful sites above since the winter holidays. Here’s what I’ve read in the way of books so far:

A Widow’s Story—Joyce Carol Oates (memoir)

Cleveland—Harvey Pekar (graphic novel)

Peeling the Onion—Gunter Grass (memoir)

The Enchanted April—Elizabeth von Arnim (light classic)

My Brilliant Friend—Elena Ferrante (modern lit, Europa Editions)

The Caliph’s House—Tahir Shah (travel memoir)

My Berlin Child–Anna Wiazemsky (modern lit, Europa Editions)

I’d recommend all of these very different books without reservation and hope to post about most of them this year.

My #FridayReads is a return to Hilary Mantel’s “Wolf Hall,” which I started and set aside after a couple hundred pages. What’s yours, and what are your reading goals this year?

February 6, 2013

American Bar Association in Dallas

Filed under: ethics,Law,legal writing — Helen Gunnarsson @ 12:47 am
Tags: , ,

I’m looking forward to covering ethics programs for the ABA/BNA Lawyers’ Manual on Professional Conduct at the Midyear Meeting of the American Bar Association this week in Dallas.

You can download and read “Panelists Examine How Prosecutors Can Be Held Accountable for Misconduct,” an article I wrote about a program at a meeting last year, on the website of the National Organization of Bar Counsel. If you’re interested in legal ethics, be sure to check out the Association of Professional Responsibility Lawyers.

January 24, 2013

Elena Ferrante is my #FridayReads AGAIN

I’ve written before of how powerful I’ve found the novels of the pseudonymous Italian writer Elena Ferrante. When I noticed her latest book, “My Brilliant Friend,” on my local library’s new books shelf, I had to check it out, even though I had several others in progress at home (nothing new there).

Like Lucy Maud Montgomery’s much-loved classic, “Anne of Green Gables,” Ferrante’s novel is the story of two young girls who develop a lifelong connection. But unlike Green Gables and the lovely, bucolic landscape of Prince Edward Island, Elena and Lila live in a gritty, unattractive part of Naples, and unlike the friendship of kindred spirits Anne Shirley and Diana, the undercurrents of Elena and Lila’s relationship are dark and powerful, so that Ferrante could aptly have named her novel “My Brilliant Frenemy.”

I’m about 1/3 of the way through this book and can hardly stand to put it aside. Much as I loved L.M. Montgomery’s books as a teen, Ferrante’s characters’ depth seems far more real and intriguing to me. It will be my first Europa Editions book this year, counting toward my proposed Cappuccino Challenge levelof 6 Europas.

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