Exoneration by Association
A Letter to the Editor of the Fresno Bee finally forces me to write a post I’ve been deliberately avoiding for at least two weeks now. It’s not that I don’t want to talk about the problem the letter addresses. It’s that the case the writer addresses is, to my understanding, still wending its way through the system; I know the attorneys handling the case; and I haven’t wanted to write anything that might — and I stress might, because I’m such a small fish in this pond — have an impact on the outcome of the case.
The Letter, however, requires a response.
Complexity, Simplicity, and the Quest for Perfection
Okay. I don’t know how this is going to turn out, but some days ago, I promised that I would elucidate my comment about complexity, simplicity, and the quest for perfection. At the time, I alluded to its being connected with how I became a criminal defense lawyer, which is what the post from the other day ended up being about.
These three concepts are at the core of the problem with our modern system of jurisprudence. They aren’t alone in constituting that core — but, then, that actually just reinforces the point of one of them: Complexity.
Still, if we could get a grip on the proper balance of these three concepts, we’d go a long way towards improving our system. We might even begin, again, to understand the meaning of Freedom. Maybe even Justice.
Apologies on a Delayed Post
Yesterday, I said I would be posting part 2 of a two-part series today. For those who may have checked back looking for it, I apologize. It is partly written, but an emergency in my office today prevented me from completing it.
Unfortunately, taking care of running the law office sometimes gets in the way of blogging.
Hopefully, I can get it up by tomorrow.
A Criminal Society
I was involved in a case this morning that made my blood boil — so much so that I kept wondering if I would make it out of the courtroom without saying something that would get me locked up. I (aided by other attorneys discussing the case) fumed about it for hours afterward. Returning to my office, I wanted nothing more than to go out looking for another line of work and to join those who think this system cannot be fixed: it must be violently torn down.
I’ve finally calmed down enough, I hope, to write a sensible post about it.
The Worship of Law Enforcement
For those looking for a post bashing the police, you will be disappointed. For those looking for a post praising the police, you will likely be disappointed, also (but only because you’re never happy when my praise is not unqualified). This post is not exactly about the police, although it necessarily discusses them quite a bit.
This post is something I began thinking about writing on the day two law enforcement officers were killed in Minkler and another was wounded by a deranged individual who planned their deaths, as well as his own. This post is about my worship of law enforcement.
Idealism, Realism & the Practice of Law
When I started clerking as a law student and first began to see “what really happens” in the practice of law — as opposed to the theoretical side put forth in just about any law book I read in school — and I complained about it, I was labeled “naive” and “idealistic.” It irritated the hell out of me; it sounded and felt like a form of brush-off, as if to say, “if you were a real lawyer, you’d understand.”
Well, I’ve been a “real lawyer” for awhile now. Heck, I’ve even passed the point where I’m no longer called a “young lawyer” and can pay lower rates to join various associations.
But I still don’t understand.
Instead, I notice that I’m becoming more angry, more bitter and more inclined to come out swinging. Does that mean I’m becoming more naive? More idealistic?
I don’t think so. I think I’m becoming more realistic.
