Law And More

The Former Lawyers in the U.S. Senate Should Have Known Better

The ABC Evening News with David Muir dominates the category.

That's because those behind and in front the camera know how to conjure up drama.  Yes, all the world's a stage. 

Those in the U.S. Senate lack that theatrical know-how. Yet, as the New York Post reports, the Senators are baffled that the Senate spectator gallery is half empty.

Their back offices, which should be filled with public relations types, can't put together what should have been the Greatest Show on Earth for 2020.

That is weird since many of the Senators have a lawyering background. Lawyers are socialized to put on show, be it in the courtroom or across the negotiation table.

 Here are 4 tips to reverse this failure to engage.

Create mystery. Everyone anticipates an acquittal. To derail that mindset senators should posture voting for conviction. A wonderful side benefit of that is that they will receive lots of coverage in the media. The media is the most powerful institution in the world. 

Stop being so repetitive. The American people feel reduced to being a child whose adults in the loop continue to nag about the same things. Even in search engine optimization (SEO), Google is punishing posters who get stuck in one message phrased in an infinite number of ways. 

Raise the Emotional Intelligence (EI) double-digit points. The ugliness of extreme polarization is turning people off. Ranging from Dale Carnegie to Dan Goleman, those smart about how to win friends and influence people hammer the importance of being tolerant, respectful, and willing to listen. Actually that dates back to St. Francis of Assissi who preached the value of struggling to understand rather than being understood. Here is his iconic prayer. 

Render public service back home. The impeachment trial is typical inside the beltway, that is, looking inward. Break that spell by reaching out back in the home state and do good. Are the supplies for the food pantry running low? Organize an initiative to solicit and collect food from local restaurants and grocers. Part of the popularity of the ABC version of the news is the "American Strong" snippet at the end of the broadcast. It melts our hearts. Yes, 21st century humans still have hearts. 

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"Bridget Kelly v. U.S." - SCOTUS May Rule Bridgegate Legalities Reflected Prosecutorial Overzeal

So, far, reports Fox, things look promising at SCOTUS for the plaintiff in "Bridget Kelly v. U.S."

Here is the Writ of Certiorari. Jones Day is representing Bridget Kelly. The legal matter had been known as "Bridgegate." 

The majority on the U.S. Supreme Court zeroed in on the issue of possible prosecutorial overzeal.

The blocking of the lanes on the George Washington Bridge for a political agenda was distasteful. However, those in the loop doing that had the authority to authorize such an action for municipal property. Also, no money or property had been exchanged for political favors. Moreover, recent trends in federal anti-corruption law have tightened the criteria for classifying as a crime such activities.

However, Ruth Bader Ginsburg and Sonia Sotomayor had concerns about the legalities and messages sent about a ruling on behalf of the plaintiff. But those represent two out of nine. 

In the high court for the one-hour argument had been former New Jersey governor Chris Christie.

He hadn't been personally fingered in the legal sense in Bridgegate. He contended he was unaware of the decision of Kelly and others to block the lanes. That was even though the caper was pulled off to punish a politico who was not supporting the governor in his reelection campaign.

Although not legally spanked, Christie, it was speculated, lost his shot at running for U.S. president because of the scandal. Those who understand how political operations work hammered that staff wouldn't have taken that step without the okay from above. Those kinds of organizations run on power. 

Ever since the Bridgegate story broke, in some circles there has been intense sympathy for Kelly. To them she symbolized The Good Catholic Girl - who had never came into her own. She continued to follow the socialization of much of Catholicism for females to support those in authority. The meme was selflessness. In addition, Kelly is the mother of four.  

The founder and operator of this blog is among those hoping SCOTUS gives Kelly a shot at a fresh start. I have a hunch that this ordeal forced her to find a self.

Smart global ghostwriting, with niche social networking know-how. Also communications coaching. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

Authority in Play - Lessons for Lawyers from Megxit, Iran, France, and the American Revolution

With a very American perspective in The New York Times, columnist Maureen Dowd reflects on the "corgi-and-gin-loving racket." That is, the very wealthy reign of the House of Windsor. 

Essentially, ranging from Prince Andrew's alleged sexual misconduct to Megxit, this is yet one more institution in which trust is lost.

Actually those in the new land went to through that crisis of belief and support about two and a half centuries ago. What was to evolve into the headquarters for global capitalism, the colonists' mindset was about money. The British form of taxation was siphoning off too much of it. 

Windsor's moral authority on everything and anything has blown up.

It would be no surprise if in a future Edelman Trust Barometer there is an allusion to the collapse of belief in the need for the British monarchy.

There is a push-back on the leadership in Iran.

And, in France, Everyman and Everywoman are saying "nonono" to the government's big idea about upping the age of retirement. 

Obviously, Megxit is a microcosm of an extreme paradigm shift in values. That mirrors the intensity of rebellion of not only the American Revolution, but also the French and Russian ones. Of course, lawyers have to pay heed. Law is a man-made institution. The human intersects with all those rules.

The world is bearing witness to that in how Judge James Burke has decided to oversee the Harvey Weinstein trial. Sure, his interpretation of the rules could give ammo to the defense to appeal a conviction. However, currently, it's a kind of "woke" for how judges impose common sense in the convoluted entity that the legal system has become. In time, SCOTUS could decide on the side of simplification: It's that simple that Weinstein shouldn't have been using his cell phone in the courtroom.

With the Barbarians at the Gate, all those with any authority will have to revisit what they consider their "core competence." The question is: What are you best at, what value does that create, how to communicate that, and what is an appropriate reward for all that? 

That type of comprehensive review includes lawyers, both litigation and transactional.

Law.com keeps presenting evidence of the disruptions in the legal sector. Actually, what could be happening is one of those Big Bangs. Law firms, courts, trade associations such as the US Chamber of Commerce, and clients have the opportunity to be proactive on this one.

Communications specialists such as myself are already busy bees recommending:

The new language of authority. Bring on the "we." That's why diversity is so important. With all the current challenges, it's necessary to be inclusive of all points of views and backgrounds. No secret, the legal sector suffers a diversity-challenge. 

Toned-down tone. Authority must sound like it recognizes the unknowability of so much. A Zen mantra is: Clear Thinking, Don't Know.  On "Criminal Minds," there is often an overhaul of the profile. A great moment in broadcasting had been when superprofiler David Rossi had to wrestle with ambiguity.

Confidence in the ability to try on ideas and experiment with solutions. That's how law firm Motley Rice became a respected brand. It put out there and kept refining the traditional concept of public nuisance apllied to product liability. In the California lead paint class action litigation that had resulted in a seminal win. SCOTUS wouldn't review the conviction. 

Connecting. For centuries, the model for that has been how Jesus Christ reached myriad constituencies. Harvard, Stanford, and Yale law schools can launch seminars analyzing the persausive genius of the early Christians. Lawyers have to achieve, metaphorically, eye contact in new business development and all other constituencies to generate positive outcomes for those clients. 

Meanwhile, the 2020 campaign provides a platform for wrestling with the issue of what kinds of leadership are a fit for times of such change. Lawyers should have lots to say about that.

Takeaway: Underneath all the rules is the human need to trust. 

Smart global ghostwriting, with niche social networking know-how. Also communications coaching. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

No Happy Endings, As Lawyers Well Know

The Rhode Island Supreme Court tossed the class action lead paint public nuisance long-running lawsuit. Here are details from Anthony J. Sebok.

The lawyers, including those from Jones Day, and the defendants, including Sherwin-Williams, were mighty pleased. But no one, especially the lawyers, considered that - or outcomes in most pieces of litigation - a happy ending. 

In Santa Clara, California, there was pending another class action lead paint public nuisance lawsuit. For that there would be catastrophe. Not only did Sherwin-Williams et al. lose. Soon enough, as expected, there were copycats lawsuits in Pennsylvania. 

Meanwhile, Sherwin-Williams had to pony up legal costs. Along the way, at least in some circles, its brand took a hit.

But only rather recently is America, the new land filled with opportunity, coming to embrace that there are no happy endings. After all, the inhabitants of this New Canaan will eventually all die. Wealth, power, influence, good looks - none of those can be negotiated for an exception. 

In pop culture, especially all versions of the medium of what's broadly classified as "television," sophisticated - that is, lucrative - programming now has darkness hovering over.

That's very different from the happy ending of every episode of early television. In "Father Knows Best," Jim Anderson solves all emotional boo-boos around the dinner table before the last commercial. Lassie always came home."Perry Mason" ensured justice was done.

In contrast, "The Sopranos" ends in ambiguity and "Breaking Bad" brings insight to Walter White too late.

In the popular "A Million Little Things," as cancer survivor Maggie evolves the relationship with Gary goes kaput and saving the Katherine-Eddie marriage entails war on D. 

And we are sufficiently skeptical about human nature to wonder if, during the last season of "Criminal Minds," David Rossi can hold his marriage together. 

It's so obvious: Human beings are, as William Shakespeare put it, "cankered in the grain." A long successful career in criminal law has helped target Alan Dershowitz. He is fighting for his brand and legacy, including with his book "Guilt by Accusation." Here is my article published on that.

I had been managing communications for a lawyer considering a lateral. "You are exchanging one set of problems for another set. The latter may or may not be less stressful to manage." She stayed put.

Overall, happy endings could go the way of the low-IQ phone. We were entering the era of Post-Christianity. That optimistic ideology is flickering out. Even Pope Francis, in his Christmas message, warned that around the world acceptance of Jesus Christ as savior is declining. 

The genius of 20th century dramatist Eugene O'Neill was that he gave his plays no happy endings.  Audiences were thrown off their belief game - and came back for more.

When I was shaken out of the Catholic school-girlish notion (including a women's Catholic college) about the goodness of mankind, my two businesses had a comeback. 

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

Post-Christianity - In Reason We Trust

Pope Francis leveraged his Christmas message to warn leadership in the Roman Catholic Church that, overall, the beliefs of Christianity are becoming increasingly irrelevant. 

Meanwhile, Gallup found that only about 50% of Americans are members of a formal religious organization. That's compared to 70% in 1999. 

Organizations such as the Secular Humanists of Western Lake Erie, led by Douglas Berger, are gaining traction, even in the states whose signature is evangelical Christianity. Here is my exclusive interview with Berger.

And, for the first time in what has turned out to be a very long life, I have stood my ground publicly: I stated I do not celebrate Christmas because I am not Christian. My current value system? Fluid.

The influence and power of Christianity had been profound. It underlies many religions, including, of course, Roman Catholicism. Businesspeople who have been through the ups and downs of their own professional life might put it this way: Christianity had a good run.

For more than 2,000 years, Christianity had been a dominant brand with large market share. In the communications industry, some might attribute that endurance to the platform of brilliant story-telling. The New Testament bears witness to the basic tenets of the teachings of Jesus Christ. As literary art, students of persuasion analyze the methodology.

How will the world of post-Christianity play out? No one knows.

Depending on the next election in the U.S., the evangelicals could begin to represent a fading ideology. Extreme conservatism could lose its hold throughout America. 

Parents would have to scramble to provide a fresh value system for their children.

Courts will have to pull down, finally, those backdrop signs of "In God We Trust." Trial lawyers will have to reframe opening and closing arguments which had been embedded with Christian assumptions about values.

And, those of us who have suffered as free thinkers could be left alone. Christians will lose the moral authority to pontificate what we ordinary human beings should do or not do.

Perhaps critical thinking can be taught in public high schools. That would negate the requirement of college to supposedly teach how to reason. 

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

Federal, Economic, and Religious Secession - Will Rejections of the Mainstream Become Mainstream?

America had been founded by an angry group of secessionists. They risked everything, including being hung as traitors, to overthrow British rule of the colonies. 

So, it is predictable that a non-conformist ethos would be part of the national DNA.

Given the chaos of current times, it is also predictable that the rejection of mainstream values would grow. The issue is: Will those radical "experiments" become the new mainstream?

In law, there is the ideological secessionists in the Federal Society. Essentially the belief system is conservative. Among its most prominent members is U.S. Supreme Court Justice Clarence Thomas. And, some claim that the rulings of SCOTUS are being shaped by those whose legal tenets tilt toward those of the Federalist Society. 

At the top of the list of Federalist Society values is the commitment to interpret the U.S. Constitution as the founders intended the meaning. To those outside that ideological loop, that sounds crazy. But it's influential. Increasingly so. Should liberal Ruth Bader Ginsburg retire during the Trump Administration, a member of the Federalist Society could be appointed to replace her.  That would mean there would be six conservatives on SCOTUS. 

In the economy, which is about 70% consumer, there is the renunciation of materialism. Of course, that should scare the dickens out of business. The movement has many names:

Minimalism 

Radical frugality

Enoughness

FIRE (Financial Independence, Retire Early).

But the core value is to spend as little money as possible. 

As for religion, that sphere of human life has always attracted iconoclastic points of view. Jesus Christ had been quite the rebel.

In America, such off-beat thinking had been kicked off by the Puritans. A bunch of oddballs, they had worn out their welcome in the old country so they sought freedom for their religious beliefs somewhere else. Of course, their influence is still felt, e.g. America's hyper interest in sexuality. Therefore, yes, out of the box whatever can come to dominate. 

The Atlantic features a kind of religious utopia in Kansas. The community embraces an ultra-conservative version of Roman Catholicism. That includes a return to the Latin Mass and total rejection of birth control. The leaders are the priests of the Society of St. Pius X. 

Lawyers who are liberals, of course, are concerned about the inroads of the Federalist Society. They sense that the barbarians are at the gates. Actually, they might already had made it in. There are 200 chapters of the group in law schools across the country.

Already, the auto industry might be suffering from radical frugality. The meme is to stay with the old car for 200,000 miles or more. Better yet, stop owning a car and, according to NerdWallet, save an average of $8,469 a year. 

Formal religions can have a comeback in America. Right now, according to the General Social Survey, 23.1% indicate they have no religious affiliation. 

The new normal could be totally aberrant, at least as some view all that.

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

All Your Law Firm, You Want for Christmas Is Rebranding

Rebranding has become the current solution for troubled or simply stuck organizations and individuals, reports BusinessInsider.

Yes, repositioning and repackaging have become the unofficial religion in marketing, public relations, executive coaching, and even psychic readings.

Unfortunately, most of those initiatives are ham-handed - or worse. Look at the Prince Andrew struggle. Smirk Smirk.

Usually the distressed business or professional is in a panic and fails to think fresh. It or he/she winds up imitating, especially in the logo, brands which are popular at the time. That makes them come across as without an authentic sense of self.

Or, as with former McKinsey head Rajat Gupta, with his self-pitying memoir "Mind Without Fear" (at a lousy Amazon ranking of 224,104), it can tarnish the brand even more.

However, as those in all the branches of the reinvention industry well know, rebranding can be wildly successful.

A classic example is how the plaintiff bar in the U.S. changed the perception of itself from ambulance chasers to change agents on behalf of the people. Consequently they have been able to persuade jurors to give those nuclear verdict.

The lawyers at Motley Rice are in the catbird seat as heroes for the California win against Sherwin-Williams et al. for creating a public nuisance through lead paint. 

On an individual level, there is the rebranding of Ronan Farrow. He transformed himself from a failed television personality to a formidable investigative journalist.

Part of the current intense interest in rebranding is that any player can wind up sidelined or in the soup. That includes even those the public has might be rooting for.

Take, for instance, "Today" personality Jenna Bush Hager. Nice woman who dearly loved her grandparents and just returned from maternity, right. But, come on, on air her connection with the audience lacks excitement. If she doesn't rebrand, slowly and smoothly, she could be phased out. Incidentally, "Today" is still rebranding post Matt Lauer and Megyn Kelly disasters. 

The reality is that in this era of total exposure every day organizational and professional brands are watched, measured, and given the thumbs up or the thumbs down.

Those who manage to pull off continual enhancements and course correction tend to be the bold. The role model for that ranges from the late Steve Jobs to the evening news (with David Muir). 

Reflection: Will law firm Jones Day rebrand in 2020, given the high-profile lawsuits alleging discrimination and the criticism of its "black box" organizational culture. In addition, its linkage with the Trump Administration can wind up throwing shade on its branding. That could be a 180 since, in 2017, Joe Patrice from Abovethelaw noticed it was leveraging its Trump association as a new business development tool. 

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

Shift from Public Relations to Legal - Darkness Fell Fast Post-BBC Interview of Prince Andrew

The fallout from Prince Andrew's BBC interview doesn't only negatively impact the brand - and future - of the British royals. 

In addition, as the Daily Mail reports, the situation has rapidly transformed into a legal one. Public relations expert Jason Stein had warned Andrew not to do the interview. But Andrew did. Now this. Darkness has fallen fast.

The this is that players in the legal sandbox are discussing the vulnerability of Andrew to be extradited to the United States to "cooperate" with officials.

The alleged sexual misconduct occurred in the U.S., not the UK.

Being a royal doesn't confer immunity to Andrew.

And currently prosecutors and plaintiff lawyers have what is being labeled "ammunition" to use in questioning Andrew. That could be under oath. And the content of the BBC interview could be part of cross-examination.

From the get-go in the BBC interview, those of us in the communications industry picked right up on Andrew's absolutely wrong tone and no evidence of sincere regret about whom he chose to be on his international network.

Regarding the latter, more and more of us are aware of the dynamics of mirror neurons. The research about them proved out that we human beings affect each other, cell by cell. Years ago, in the pre-scientific age, mothers and religious organizations warned about "bad companions." The Roman Catholic Church even classified those as "near occasions of sin."

Remorse for behavior is required by most social norms. Also, as lawyers know, they are expected in most courts of law. It is contended that AdmissionsGate miscreant Felicity Huffman got off relatively easy because she was contrite. Former law partner Gordon Caplan also adopted that persona.

Andrew did not.

Singlehandedly, Andrew could bring down the institution of the royals. Those in the UK who pony up the funding for much of that may decide to pull the plug.

Bring in top marketing and public relations firms to create a fresh approach to UK tourism. A former English major, I could advise on beefing up drama performances of the dramas of William Shakespeare. 

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

Antisemitism in City Television Made Cool

From the balcony of the law firm in "Boston Legal," the city seems just the right setting for that bunch of flawed but likable geniuses. 

It's easy to feel right at the Bruins game with Jon's friends on "A Million Little Things."

You bet, popular television programming has made Boston seem totally cool. 

So, it can come as a surprise that the quarter of a million Jews in Boston have become potential targets for hate crimes. As Michael Damiano reports in Boston Magazine, in 2018, there had been 144 of those kinds of incidents. In recent years, the number of them has increased more than 130%. 

Among the victims might have been Rabbi Avi Bukiet and his family. Twice his home, which also provides space for the congregation to worship, had been set on fire. Both times his three children were inside. Of course, the Bukiets have their guard up for future antisemitic activities.

This is occurring at a period in the history of Boston when institutional barriers against Jews essentially have disappeared. No longer do they need their own designated facilities, ranging from hospitals to country clubs. 

The uptick in antisemitism could be resulting from a confluence of factors.

Those include:

•  The divided politics of America
•  Social network's ability to build mass support for an ideology which then can be motivated to take action.
•  Copycatting. The attack on Pittsburgh Jews was fatal and high profile. So, why not go for even bigger kinds of hate-filled drama. Or, at least get in on the action in a more minor way. For instance, leave Nazi graffiti in the Jewish neighborhood.

With my heavy New York accent, Eastern European body type (my mother's maiden name was "Miksza"), and dark skin, I often have been taken for Jewish. Mostly folks were curious about my background.

But, in southwestern Arizona in 2014, the interest turned hostile. Call it antisemitism lite. Neighbors interrogated me about bizarre topics such as how my family reared me, why do I and all Jews work all the time, and since I was smart why wasn't I a medical doctor. Weary of the undertow of abuse, I left within 27 months. 

My experience only involved disrespect. 

That was then.

Currently, I wonder if there would be property damage and more.

Full Disclosure: Dark-skinned, I was bullied by the light-skilled Irish kids in the New York Metro area in the 1950s. As with my hair, aging has lightened my skin. 

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

Much of Pursuit of Justice Is Play-Out of Sophisticated Strategies for Revenge

The current meme is forgiveness. Do that, goes that line of spiritual thinking, and you are liberated from the preoccupation with a wrong done you.

But, the reality, as usual, is very different from what has become a platitude.

As lawyers know, revenge is the common response to what the spiritually evolved instruct you to forgive. That might range from infidelity to a being terminated for a job.

Of course, enacting revenge might be positioned and packaged as the pursuit of justice. For those with the resources that could take the form of a long legal battle. For example, X who has been axed from employment might have a brandname lawyer file a lawsuit for retaliation for ABC. In addition, a major public relations firm is hired to create a persuasive narrative in the court of public opinion. 

However, a recent study published in the Journal of Social Psychology found that there is frequently a delay in enacting revenge. Yes, that plays out the adage that revenge is most sweet when served cold.

In the research co-headed by Maartye Elshout at Tilburg University, it was found that only one in 10 took revenge immediately. Those might include the spouses who stumble upon evidence of infidelity and immediately murder the alleged miscreant and/or the lover.

More typical is waiting. That can take the form of damaging a car, revealing secrets, scheming to get someone fired, spreading gossip (true or false), or being married and having a fling. 

The motivation for revenge, the research also turned up, is not only to punish the perceived bad guys and girls.

Equally important is restoring a sense of self esteem and one's personal power. Those are strong motivators to, yes, take revenge. Since revenge brings such profound psychic benefits perhaps that's why many human beings decide to wait it out and plan it carefully. Here are more details from the media.

Full Disclosure: Essentially, I held off half a century before sharing my experience as a freshman at a then all-women's Roman Catholic College. Here is that article "Pedophile Nuns and the Fat Girl from Jersey City." Only after publishing that have I been able to take the leap into self-love. Forgiveness can be a self-defeating ideology.

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.