Law And More

Radical Compassion: Derek Chauvin and Leslie Van Houten

In our Buddist-oriented meditation group, there is a discussion half-hour.

During that 30 minutes this evening there was an almost universal reflection: What might Derek Chauvin be thinking and feeling in his cell?

Sure, maybe Chauvin is focusing on his appeal. In Bloomberg Law, Bernie Kohn presents the possible grounds for that appeal.

But, in solitary confinement, Chauvin has lots more time to muse on more than an appeal.

We wondered if he is anything near that "moment of clarity" when raw reality breaks through. That is, when he is in total touch with what he did to another human being - unjustly. If so, we asked each other: Was it acceptable for us to have compassion for the infamous Derek Chauvin. The official term for that set of feelings is "radical compassion."

Admittedly, when a crime is so heinous, it is difficult to muster up compassion. In the book "The Manson Woman and Me" Nikki Meredith examines the lack of empathy in regard to murderer Leslie Van Houten. Because there is such little looping into identification with what might have factored into Van Houten's actions, it's unlikely that Van Houten will ever get parole. 

What we in our meditation wrestled with were all those human issues of how Chauvn ever got to where he was when on the neck of George Floyd. What trauma hadn't he processed? What was the tipping point in the hardening his heart? 

Yes, we admitted we had compassion for Chauvin the man. We also hoped that he could change. But it's likely no one will believe that if he does change. There aren't many who believe Van Houten when she explains her transformation.

The trial is over. But we as a nation remain reeling. There could be a route to collective inner peace if we embrace hope that Chauvin can come to agree with the jurors. That he had done something very wrong. Let's believe that this human being has the capability for salvation.

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A Phenomenon - Those Refusing to Disclose How Much They Lost in Bernie Madoff $65 Billion Ponzi Scheme

Bloomberg Law presents a fascinating chronicle of the "tragedy" that has outlived Bernie Madoff.

The focus is on those who lost so much money in the fraud and still haven't been able to recover any of the funds.

The subtext on that is that among them are sufferers who didn't indicate in the article how much it was that Madoff swindled from them. They include Alexandra Penney who afterward published "The Bag Lady Papers" and eighty-something Burt Meerow.

That phenomenon of non-disclosure resonates with myriad human beings who also had found themselves victims. That probably goes back to the tendency to blame the victim. In Psychology Today, David B. Feldman explains that doing that "may be programmed in the mind at a deep level."

For example, if Penney or Meerow revealed that either had lost X millions of dollars, the blame-the-victim response might be: "Why didn't your diversify, putting part of your funds in different kinds of investments with different investment professionals!"

The victims are wise not to hand over data that they could be blungeoned with.

Another explanation is that saying the number could simply be too painful. Time can heal. But that healing can be delayed by continual repetition of the details. 

A third could be the hope that most of that money isn't lost. When things are settled that person could be made whole. Magical thinking? Maybe. Maybe not.

Fortunately, for human beings there are many ways to distance ourselves from our suffering. 

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"Another Bernie Madoff" - Now, the Original Is Dead

Among those allegedly doing "Another Bernie Madoff" has been Theranos founder Elizabeth Holmes. Her criminal trial kicks in at the end of August. The amazing $65 billion Ponzi scheme Bernie Madoff put together has created new terminology for the global media to refer to outrageous frauds.

Now, at age 82 a few weeks before his 83rd birthday, Bernie is dead. The cause, reports the New York Post, had been kidney disease. 

Many of those who had lost everything or a lot through Bernie had obtained clawbacks.

In human terms, his real crime was against his family. That played out like a Greek tragedy.

One son committed suicide.

Another died relatively early in life from a return of cancer. That could have been triggered by the shame which had befallen the Madoff clan.

Bernie's wife, who had changed her last name to Alpern, had to go on with her life on a tight budget. The media noted that in southwest Connecticut where she lives she shops for discounts on wine.

Of course, there was no sympathy for any of them. The assumption had been: They had to know what Bernie was up to.

The Madoff saga is a wrap. But there will be myriad more over the top schemes to defraud.

After centuries of Christian ideology about the goodness of mankind there is now the embrace of how much darkness is embedded in the human race.

Annually Edelman Public Relations measures trust. Usually the metrics are lousy. However, on ABC evening news, David Muir tries to break through that with the hopefulness of "America Strong."

UPDATE:

Ruth Alpern, formerly Ruth Madoff, is back in the money. Indirectly. As the New York Post reports, she's bunking with her former daughter-in-law in a $3.8 million house in the posh Lucas Point section of Old Greenwich, Connecticut. No longer does she probably have to nose around for bargins on wine.

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Not the Professionals or Human Beings They Were Pre-COVID: Legal Sector Should Anticipate Values Earthquake

The legal industry might anticipate an earthquake in values.

That force field could rock law firms and in-house legal departments. The pheonomenon could be triggered both from those inside and third parties.

The U.S. Supreme Court might be shaken up also. Last Friday, U.S. President Joe Biden announced establishing a 32-person panel to review every aspect of the High Court. 

As The Wall Street Journal reports, the majority of Americans are not the professionals and human beings they were before COVID became a reality in March 2020.

Let's look at that from our own experience. You probably have plenty to add.

First of all, they get it that they are alive. They didn't die from the virus. Sure, those they cared about or knew from work those who did die. However, they didn't. Survival provides a platform for a new start. Despite hatred of change, many are ready to do just that: Change. 

Also, they might have experienced profound anxiety about their professional status. Would their law firm lay them off? Corporations' financial performance got hit hard by COVID. In-house legal was no longer a safe (and relaxed) harbor. After so much suffering they have gained a fresh perspective about the place of work in their lives and how much they are willing to endure for traditional achievement. 

Therefore, it's no newsflash that James Suzman's "Work" is a best-seller. Although it's ponderous - 464 pages - it ranks high on Amazon - 33,314. In addition, Stanford Graduate School of Business professor Jeffrey Pfeffer is getting attention for his "Dying for a Paycheck" movement against exploitation of the global workforce. 

And, third, social isolation provided over and over again that moment of clarity: Relationships are important. Human beings are a social animal. You bet, make time to find and nurture those human ties.

The legal industry will have to pony up real solutions for work/life balance. Read Glassdoor and the universal complaint is too much work, much of it unscheduled. That eliminates the opportunities to lock up social. For Jones Day, an associate posted on Glassdoor in January 2021: "zero work/life balance." That employee gave the firm a 2.0 out of a possible 5. 

Of course, media outlets are in the business of picking up on trends. The disruption in the cultures in the legal sector is what they will probably focus on. And it's not just the advocacy player Abovethelaw. Traditional media centers such as Law.com are also looping in. Recently it published an article that indicated some skepticism about Orrick's much-praised paid Unplug initiative. 

For decades, thought leaders will analyze how COVID transformed the perception of work per se and the collective unconscious of America. A lot is so so different. It's up to the legal sector to adjust.

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The Door Has Been Opened - Business Leaders Enter Risky Space of Taking Positions on Social Issues

" ... business leaders are facing new pressures from progressive activists to prove that those commitments were more than just talk. As activists press companies ... CEOs are again finding themselves walking a difficult line on emotional, political issues, risking blowback from all sides." The Wall Street Journal, April 10, 2021.

The most recent issue which has stirred up controversy is the Georgia law about voting. But there will be many more.

The Biden Administration is an activist one. So much has been put in play. And, as they say in law, the door has been opened on taking stances on developments which intersect with the public good.

Yesterday, Joe Biden announced the formation of a 32-person panel to review every aspect of the U.S. Supreme Court. Constituencies, ranging from media to consumers/clients, feel a right and perhaps a duty to ask corporate leaders about how they view such a matter. And, what action or actions they are taking. In a sense, the fundamentals of crisis management have kicked in. If those aren't done right the organization can loop around in sustained turmoil. 

Some of the new pressure on corporate leadership is reflected in the emergence of ESG investing. That is, the demand that business focus on more than simply the bottom line. Instead, it must pay equal attention to stakeholders other than investors. Those include employees, vendors, communities and planet earth.

However, corporations are not alone in being forced to align their business with what supposedly is in the public interest. Recently, Bloomberg detailed the mixed state of affairs at law firm Paul Weiss.

On the one hand, Paul Weiss is a major supporter of liberal causes. That includes significant donations. In addition, it has multiple points of access to the Biden Administration. Many would label it "liberal."

On the other hand, its client list ranges from Exxon to private equity. Exxon is perceived as a factor in climate change. Private equity is condemned for destroying jobs. 

Time will tell how much pushback Paul Weiss receives.

The notion that law firms should be careful in selecting what clients to represent and how became mainstream with the pickle Boies Schiller found itself in. It chose to represent sexual predator Harvey Weinstein and did that in a manner that turned off many. All that had been positioned and packaged in an article in The New Yorker by Ronan Farrow. 

In the court of public opinion the argument that everyone and every entity has a right to a defense is accepted, yes. However, it's being modified by this: If you choose to be that defense, we will distance ourselves from you. The consequences could range from yanking accounts to high-profile protesting. 

Obviously, what both corporations and other institutions such as law firms require is brilliant public relations. They have to "sell" in the court of public opinion the rightness of their values and actions. Not that they expect everyone to agree. But the argument has to be solid.

For years, employment law powerhouse Sanford Heisler has shaped its branding that way. The plaintiffs it has chosen to represent were presented in the court of public opinion as having a legitimate beef. And, one that had/has implications beyond that particular alleged injustice. 

Meanwhile, organizations might find it smart to parachute in consultants to modify or even overhaul their cultures. Regarding the latter, an economic boom equaling that of the post-war could begin.

A lot of business is at stake.

The media outlets could raise the bar on what is expected from institutions. After all, they will be making a lot of money.

Talent will be able to choose again where to work. Already, Millennial associates in law firms are nudging values issues.

Ethics again will enter the national conversation about business. Leaders will be assessed as to that old-fashioned attribute - "character." 

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Justice for Ghislaine Maxwell - Family Sets Up Advocacy Website realghislaine.com

"This website has been developed and is maintained by brothers, sisters, family & friends of Ghislaine Maxwell, the people who have known the real Ghislaine all her life, not the fictional one-dimensional character created by the media." 

That is the lead-in to what essentially is the Justice-for-Ghislaine-Maxwell website - realghislaine.com - launched by supporters. It's quite well-done. That includes a professional photo of Ghislaine, personal background material, frequently-asked-questions, two videos by her brother Ian, resources, a link for the media (Justice@realghislaine.com) and a link to court documents.

The case is "U.S. v. Ghislaine Maxwell." 

Interestingly, one bit of material in the Resources section is Alan Dershowitz's book "Guilt by Accusation." On O'Dwyer Public Relations, I reviewed that provocative book. Take a read.

The current meme is advocacy for Ghislaine's appeal of the third time she had been turned down for bail. Of course, there is a description of her inhumane treatment at Metropolitan Detetention Center.

The website will provide updates on legalities, right up to the trial. 

As a communicator in the legal-defense loop, I have created advocacy material. This is worth a look for others in this niche. Study it for what seems effective and what probably isn't moving the dial in the court of global public opinion. Ian alludes to the American legal system.

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Flashpoints - Responding to 911 Calls with Mental Health Professionals, Not Law Enforcement

"Up to 50% of fatal encounters with law enforcement involve someone with a mental illness, a 2016 study published in the American Journal of Preventative Medicine estimated. And nearly 1 in 4 people fatally shot by police since 2015 had a mental illness, including a disproportionate number of people of color, according to a Washington Post database of fatal shootings by on-duty officers." - USA Today, April 5, 2021.

In response, some cities ranging from Denver to Olympia have created a different kind of model of intervention. It's bringing in mental health professionals to address the flashpoints. Law enforcement is not in the loop.

Life has always been full of flashpoints. At one time, families, those on a street block and even parts of neighborhoods would be able to de-escalate the chaos on their own. They knew the people. They knew the backstories. 

Law enforcement was rarely called. After all, in those communities - many of them immigrant - there was distrust of the law. No, you didn't want to get dragged into that system. Most knew it would be almost impossible to navigate it.

Then, with the isolation and sophistication of society, law enforcement had been parachuted in. The results, as the legal community bears witness in the arrest of Boies Schiller partner Joshua Schiller, can be professionally catastrophic. His brand and the brand of his law firm are in play.

But, more importantly, fatalities can happen. Law enforcement carries guns.

Mental health personnel are trained to address the human touchpoints where the emotions rip. They go right there, without preoccupation with legalities. In a sense it is a more direct form of intervention. Also, it provides needed empathy. 

The Woody Allen notion of maintenance therapy has created the illusion that therapeutic intervention is about talking about feelings. Forever. Actually, competent therapists are focused on identifying and implementing solutions for problems. Many emergency rooms have them as part of the team.

More cities should establish a pilot program to test out interventions of mental-health professionals.

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Memorial for Late Harvard Law School Student Thomas Bloom Raskin - Power of Clinical Depression Palpable

Representative James B. Raskin provided the soul in the memorial for his son Thomas Bloom Raskin, reports The Washington Post.

The ceremony, performed according to social-distancing protocol, was a testament to the power of clinical depression.

In his suicide note, Thomas explicitly said, "My illness [clinical depression] won out." He had been a student at Harvard Law School. He took his life on the last day of 2020.

Obviously, Thomas had much to live for. His family seemed to be loving, accepting and open. His ideals, which were expansive, should have been enough to hold him safe above the rapid currents of how depression keeps escalating in distorting reality.  But, they weren't.

It is a cliche that incidences of depression are higher in the legal sector than in many other lines of work. However, simultaneously, if that condition is outed, careers in law can be impeded.

In his iconic article in the Tennessee Bar Association Journal, Kent Halkett candidly shared his perception that his depression had been a career negative. 

In response to that article, there had been a flood of supporting commentary. Amid that, though, was the reality that the practice of law demands perfection. It really does. A mistake can result in a mistrial or a contract invalidated. A depressed lawyer or one with a history of depressive episodes can be assessed as a liability. 

That is the Catch-22 about seeking help for depression. Law is not alone in its stigma surrounding depression treatment.  If a problem emerges in a corporate department it could be the night of the long knives for the executive or middle manager known to have struggled with that disease. 

The tragic irony is that clinical depression has become a global epidemic. One that has also become a silent killer because there is such reluctance to admit you're suffering with the disease.

George Floyd, Courteney Ross and So Many Others with Some Kind of Addiction

"George Floyd’s girlfriend of several years, Courteney Ross, battled tears Thursday morning as she testified in court about her relationship with Mr. Floyd, including their struggles with opioid addiction." - The Wall Street Journal, April 1, 2021.

The late George Floyd and Ross have lots of company in their additions.

Losing control over the craving and consumption of an entity is probably an epidemic in the U.S.

In top professional tiers, that chase is usually after success. Today, Bloomberg Law published the second major article on burnout in the legal sector. That's about too much work to the point that the professionals simply can't push any more. They stare into space. And that's that. Some will bounce back. Some will not be able to pull out of the do-nothing trance.

Other common addictions include:

Coffee

Food

Gambling

Compulsive shopping

The internet

Alcohol

Heroin

Marijuana

Nicotine.

Maybe the current sustained employment uncertainty, always-on-call work culture, social isolation and aging are triggering more addictive mindsets and behaviors. Whatever. A sign of these times in which we can't shake what is preoccupying us and harming us is that light banter about being addicted to chocolate or a clothes brand has halted. Addiction is no longer a platform for funny.

My hunch is that Ross' account of her and Floyd's addictions will evoke compassion for not ony them but all kinds of addicts. Instead of the old-line Puritan harsh perception of addicts, there could be an understanding how much pain is the poignant underbelly of addictions. And how difficult it is to circumvent relapsing into the whatever in times of stress or uncertainty. 

Full Disclosure: In August 1981, I joined a 12-step program for an addiction to the wine I had learned to so enjoy when working in Barcelona, Spain in the early 1970s. 

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When Lawyers Just Can't Push Any More - The BigBonus Not the Solution

For the second time in a short time, influential Bloomberg Law published an article on lawyer burnout.

But it was not the usual one. Its focus was this: The current large bonuses aren't providing any solution. That is, that extra money often adding up to $64,000 in two payments doesn't address this phenomenon. 

In the article Roy Strom describes it as lawyers' winding up staring into the abyss. They just can't push themselves any more. And that's that. Those who are most likely to wind up in that that place of STOP are usually the top performers. 

However, how the up-or-out game operates in BigLaw can also be a source of the kind of stress which propels the non-stars to also hit a wall. 

Go to the Glassdoor roundup of employee input for BigLaw firms such as Paul Weiss. One former associate who gives the firm a 3 out of 5 rating notes:

"The hours can be brutal, the partners can be less than pleasant to work for, and the odds of making partner are virtually non-existent."

That configuration can wind up overwhelming lawyers with paralyzing pessimism. 

Instead of the money, law firms can experiment with other solutions.

What has become well known is Orrick's Unplug initiative. At Orrick, paid time-off is provided for members of the firm to regroup. Other recommendations include empathy explicitly shown the overworked workforce and having the leaders share their own experiences with extreme stress and what had been effective. 

In addition, those in BigTech might recommend that the legal industry embrace more Artificial Intelligence. Parachute in brilliant programmers and many of the tasks, ranging from strategic planning to document review, can be done automatically. Lawyers might not necessarily lose jobs. Instead, they could be doing different type of work - tasks which don't require serial all-nighters. The quality of the legal output could improve. 

And, what about managing the law firm more like a business? In Utah, there is being piloted the total ownership of a law firm by non-lawyers. The experiment is part of the state's regulatory sandbox. That is Law on Call. As challenging as corporate life had been those executives I ghostwrote for seemed to get their zzzzzzs nightly. 

What the article doesn't mention and what law firms should fear is what's called the "brownout." Way back in 2015, that state of disengagement was emerging among business executives. As Inc. reported back then, the syndrome was about losing fire in the belly about work. Yes, the performance continued to be satisfactory but without the drive and passion.

When commuting on the Metro North train from Greenwich, Connecticut to Grand Central Station in Manhattan, for example, executives might not be playing around in their heads with fresh approaches to the work situations. Instead they were slowly reading articles in The New York Times. 

Brownouts are downright dangerous in law firms. The stakes are so high both in litigation and transactional tasks. Lawyers have to be always completely engaged. For instance, there are strategies, no set scripts in a trial. Lawyers pivot from action to action.

The legal industry is not unique in dealing with an epidemic of burnout and brownout. A media story with legs has been the hellious hours junior analysts at Goldman Sachs put in.

That is not new. In March 2018, Stanford Graduate School of Business professor Jeffrey Pfeffer published the well-documented book about the global workplace. That was "Dying for a Paycheck." In some nations, earning an income can result in death, directly or indirectly. 

All this circles back to the embedded American value of ambition. How far should that go in what youth envisions as a career path? Has the time come for taming the ethos of ambition?

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