Highs and Lows – The Legal Kind

“It was Father’s Day” – a fairy tale by Cox & Koons

I know, I know, it doesn’t LOOK like Father’s Day outside…

But it was.

On the docket for C&K were three hearings, in the land of Blynken and Nod.

Potentially, if EVERYTHING went perfectly (she says with a wry smile) there was a good chance we would walk away feeling like we’d done some good. Maybe x3 which, as any medical professional can tell you, something x3 is generally better than x2 but not as good as x4, which, let’s face it no one truly is.  See how convoluted that was?  Yeah, that’s how the day went.

 First out of the gate is the potential to reunite a man with his child whom he hasn’t seen in quite some time.  We were prepared, we had the evidence copied, the witness prepared, and a pretty darn good case mind you.  Only to be thwarted on arrival by the dreaded ex parte pro se continuance… doesn’t that just echo like the evil demon it is?   Now, for those of y’all that don’t operate in this area of madness daily, I'll just say, there are rules for how things are supposed to be handled and sometimes, because there are humans involved and humans are imperfect,the rules don't get followed.

 In that case, there’s often nothing to be done.  The other party knows that it has been continued so they don’t show up, and the Court has already reset it for the earliest possible date so it isn’t like there’s an earlier date you can get.  Which means, even though no one on your side did anything wrong, you’re stuck for the time being, waiting.  LOW.  That hope that you would do something good with this case, turns into the nightmare of having to face a former “knight of the realm” who bursts into tears.  I don’t know if y’all have recently been faced with a military man in tears but it isn’t a place I like to go. LOW. LOW. LOW.  That one is going to come home with me tonight.  It’s going to follow me like a lost puppy and cry at me in the corner, for a month, until the next court date.

But wait, there’s another chance with hearing number two…CURSES!  “A new counsel on the case has entered their Appearance today and requests a continuance to catch up, move your piece three spaces back.”  It isn’t really Candy Land but I find that makes the disappointment sound a little more cheerful doesn’t it?  I tell myself that, in this case, at least this father has his child and we’re “just” fighting over support money.  I say “just” because to a lot of people that money is a really big deal.   There are cases where someone receives $12 per week, in child support, for three kids.  Anyone priced a Happy Meal or even Ramen lately? Don’t get me wrong, judicial officers try to think long and hard about the results each order they enter will have, so I know the last minute continuances aren’t given lightly.  Lord knows, I’ve been super grateful to get them in the past and will probably be just as grateful for them in the future, but it is frustrating.  Low again.

One. Last. Bastion of Hope.  There are some cases that just make you want to burst with pride over your clients.  No, we don’t get emotionally attached to everyone (despite the way this touchy feely post sounds), but everyone wants to get “the good” client.  The one in the relationship who is least crazy.  This case was messy.  The “Queen” may have actually previously uttered words that sounded a lot like “this just became the worst bar exam question ever” which is saying something because those questions are HORRIBLE.  In the CHINS (Children In Need of Services) case world, the best you can hope for is that the case be “closed” and, with your client having the child if possible.  More often than anyone likes, that just doesn’t happen. Sometimes parents cannot get it together, or won’t, and a child is removed permanently.  Fathers, in particular, have always had an uphill battle in seeking custody.  (That is changing, praise God.) Fathers with criminal records or a history with drugs or instability are starting off in a deep pit before they even get to the hill to climb up.  However, once in a while, you get that client.  That man who is willing to step up and be the parent that his child can depend on, to battle his demon dragons and win.  So, several hours after our hearing was scheduled to start we heard those beautiful words: “Case is closed, child to remain with the father”.    AAAAAANNNNND   HIGH.  

The End.

-DEC

What Do You Call 1000 Lawyers at the Bottom of the Ocean?

A good start!  BAZINGA!! (There’s probably a trade mark on that somewhere, we did not make it up…)  We’ve all heard the jokes.  Heck, in a former life, I was a paralegal so I’ve certainly told a few.  It was not until I asked for help from friends and family to come up with a new title for our blog, that I really took seriously the image of attorneys at large.  A lot of the proposals involved references to vampires, dirt bags, etc.  Don’t get me wrong, they were witty and very well thought out.  I laughed at a good number of them.  But in the end, it kind of made my heart hurt.

Why?  Because we love our jobs.  They’re stressful and consuming and the rates of alcoholism and depression are ridiculously high, but overall, when we sit down amongst others in the world’s second oldest profession,  we may not be the jolliest of folks, but… we.love.our.jobs.  Now, we recognize that most normal people only come into contact with an attorney during the worst times of their lives.  Understandably, their views are shaped by the outcome of their case.  Here is a tip (it is free): very very few people are ever 100% happy with the result of any case.  Even if they are happy when they leave the courtroom they become invariably unhappy when they receive the bill for the work that it took to get them there.  No great surprise, therefore, that attorneys are a hated bunch.  So, what sort of insane individual says to themselves “I would like to grow up to do a job that I will be hated for”?  An idealist.  I know, you just spit out your coffee… but here is something the “jury” does not usually see:

I do solemnly swear or affirm that: I will support the Constitution of the United States and the Constitution of the State of Indiana; I will maintain the respect due to courts of justice and judicial officers; I will not counsel or maintain any action, proceeding, or defense which shall appear to me to be unjust, but this obligation shall not prevent me from defending a person charged with crime in any case; I will employ for the purpose of maintaining the causes confided to me, such means only as are consistent with truth, and never seek to mislead the court or jury by any artifice or false statement of fact or law; I will maintain the confidence and preserve inviolate the secrets of my client at every peril to myself; I will abstain from offensive personality and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged; I will not encourage either the commencement or the continuance of any action or proceeding from any motive of passion or interest; I will never reject, from any consideration personal to myself, the cause of the defenseless, the oppressed or those who cannot afford adequate legal assistance; so help me God.

In Indiana, each attorney licensed to practice law has at one time or another stood in front of the Justices of the Indiana Supreme Court and likely their friends and family and sworn that oath. That is a pretty weighty promise.  It is one that CJK and I take extremely seriously.  It hangs on the wall in my office and it challenges me daily.  Whatever we may become as attorneys, this is where we start. For most of us, the practice of law is more a calling than a vocation, like those called to the mission fields or to the medical professions.  I know, at this point you are snickering… possibly even thinking “LOL WHAT!?!??!”  but think about it, the pay isn’t great (despite what you may see on such fabulous shows as The Good Wife, Damages, and Law and Order ((pick a spin off, any spin off)) – most of us do not have tailored suits, a car service and a perfectly furnished $$$$$$$$$ condo with skyline views), the hours are awful (not many elementary school teachers wake up on Christmas Day to 6 angry voicemails from people who want you to skip opening presents with family to call their ex/current/spouse/neighbor/boyfriend and tell them that they should have been somewhere 13 minutes ago) and you spend most of your days arguing with people, most of whom you probably actually like.  Add to that the $150K plus in student loans that you can’t bankrupt out of and yes, my dears, I say it is a calling.

Don’t get me wrong, I’m not asking for pity, but I am trying to create some perspective.  This is where I come from, who I am and why I do what I do.  It is the perspective I will likely bring to these blog posts so consider this my super fancy disclaimer… With my oath in mind, and with the intention to do more good than harm, we begin our foray into the blogging world.  Glad to have you with us.

So help me God.

-DEC