In honor of my late father, here's an old story....
LAWYER
IN THE WOMB
When
I left the public defender’s department on my thirtieth birthday, my first job
was a return to the womb, literally. I worked for my mommy’s law firm. My dad
owned the building, so the three of us were all together, one big happy family.
To make things even happier, I moved back to their home in the high desert
foothills above Albuquerque ,
as I tried to save enough cash for a security deposit for my own apartment in
the city down below.
Most
of the time, I worked on my criminal cases from a conflict public defender
contract, but my mother promised me that she’d eventually trust me with her big
time civil cases when she felt I was ready.
I had a handful of juvenile burglary cases at the time, and the prospect
of paying clients, especially paying clients old enough to shave, certainly
appealed to me.
One
day, my parents were heading away for a long weekend, Bora
Bora , someplace like that. They’d be totally out of touch. I’d be home alone, and more importantly,
“office alone,” for the first time. Not only was I supposed to water the
plants, my dad stressed that the most important duty was to call my grandmother
each and every day. She had helped out the family during some hard times, and
they were eternally grateful. My dad still called her every day and now he
wanted me to do the same.
They
left on Thursday night. The client’s meeting with Federal investigators was
scheduled for Friday morning. That first night, I rented the movie Risky Business, but unlike Tom
Cruise I did not dance alone in my underwear after my parents made it safely to
the airport.
Friday
morning, I borrowed one of my dad’s ties for the meeting. I nearly spilled milk
on it as I munched on my Lucky Charms before heading out. The meeting was at
the client’s sprawling adobe ranch complex in rural New Mexico . The issue had something to do
with a few missed payments to some Federal agency. How hard could this be? Inside, two Federal officials -- Good cop,
bad cop. “Good” was a bureaucrat in a brown suit, yellow shirt and a red
striped tie. “Bad” looked like a professional wrestler with a shaved head. He called himself some kind of an “agent,”
but didn’t give his name, much less his agency. The
meeting started slowly. Good took control and asked about incidents on this
date and that. My clients cooperated, but Good still wanted just a little more
detail here and there. He was friendly about it, used the word “visit,” as in
“Let’s visit about this right here . . .”
“Let’s
visit about September again” he said, after an hour, still smiling.
Bad
abruptly excused himself to go to the bathroom as if September was some kind of
code between them. Good’s leisurely questioning continued down the calendar --
visiting about November, December and especially those twenty eight or twenty
nine days of February?
I
didn’t want to let my mom down, but it was her case after all. I knew I was
supposed to object to things, but the requests seemed innocuous enough. I was
distracted by some commotion outside--sirens or something.
Bad
came back in and nodded. My clients look
over at me, a little perturbed. I had missed objecting to one of Good’s visits,
and they hadn’t liked it.
“Asked
and answered,” I said, offering some support.
“We’ll
let a judge decide that,” Bad said.
Outside
sirens grew closer and closer. Suddenly Bad rose again and headed toward the
door. “I have to go to the bathroom
again,” he said, strangely.
Moments
later, Bad returned with more agents, state cops and even some overweight
locals from the sub-station down the street. All were armed. Well armed.
Something snapped in me. It was time to stand
up for myself. Not Tom Cruise as the mischievous rich kid in Risky Business, but Tom Cruise as the
young military lawyer in A Few Good Men.
“Let me see that,” I demanded and grabbed it
away. I looked over the warrant, it was valid. Or was it? It was based on
hearsay testimony of a disgruntled employee.
“This will never hold up in court,” said, defiantly.
“We’ll
see,” Good said. “We’ll see.”
“Those
were Good’s last words of the day, visiting hour was over. Bad was in charge
now. He sat my clients down in the chairs, as he sat in the desk. “Let‘s start
with your real names,” he said. “For the record.”
“Aren’t
you forgetting something?” I said to him before he could get much past the
spelling of their middle initials. I tried to stare him down.
Embarrassed,
he reluctantly read them their rights. I looked at my clients. “Take the fifth. “ I said. “Don’t say a
word!”
The
clients listened to me. Even more amazing, Bad, a heavily armed agent, listened
to me. He stopped cold.
Outside,
two local cops surrounded the janitor’s rickety flatbed truck and nearly defied
gravity as they leaned over the windshield to look inside. The janitor looked
over at me. “You’re the lawyer, right?”
“You
can’t do that,” I shouted at the two very big men. “Your warrant doesn’t cover
the truck!”
I
was bluffing, yet they stopped in mid-air and returned to earth as if I‘d said
some magic word. Damn, the constitution
is a wonderful thing!
Inside
the agents seized a few crates of records, but they left. I immediately called
a famed appellate lawyer and started on the issues to get this thing kicked. It
would take a year, but they would be totally vindicated and even get some money
in a law suit. My clients told me two words that I never heard in my years of
being a public defender -- Thank and you.
I
felt like I was a lawyer for the first time. Hell, I felt like a grown-up for
the first time. I couldn’t wait until I told my parents. They’d be so proud.
I
celebrated all weekend. I told everyone about how I stared down armed Federal
agents with only the constitution to back me up. I think by the twentieth
telling, I’d fought off the entire 101st airborne.
My
parents came home that Monday. They were furious! Huh? I was a little
surprised. I had watered the plants, mostly; I had only left one pair of
underwear on the stairs. I was about to tell them about my adventure, but they
wouldn’t hear any of it.
“You
didn’t call your grandmother!”
And
that’s when I realized you can be the greatest lawyer in the world, but you
aren’t truly a man, my son, unless you call your grandmother
No comments:
Post a Comment