Sunday, October 18, 2009

the law

They say you never really understand how a complicated civil case works its way through the court system unless you, yourself have been implicated in one. Not as a lawyer, but as a defendant or plaintiff.

I think I agree. I remember when I represented parents in cases where they allegedly abused or neglected their children. I had a healthy amount of detachment from my clients’ issues. It’s not, I don’t think, that I lacked empathy. But, at the end of the day, I walked away and picked up my other life, my real life.


For the last four years, I have tracked a series of complicated legal proceedings involving my occasional traveling companion. Truly, they have profoundly affected the way I now regard the positioning of a client in a legal claim.

This week, a trail begins in New York, and it has elements of every kind of law – family, property, negligence even. In other words, every subject that I teach at the law school. The case is Ed’s case and therefore not something I would explain here, but I’ll say this much: Ed is as quiet in life as anyone I’ve ever met. And yet, he’s stuck in a legal quagmire that is absolutely consuming – of time and resources. He once told me that he retired early so he could devote himself to straightening out this legal mess (not of his making).

Sometimes I have wondered why he doesn’t just not try. He wouldn’t admit it, but I think he is committed to doing what is surely right out of a profound love and respect for his (now deceased) dad and mom.

I mention all this because he is in New York now and I am struggling to get work completed this week-end so that I can fly out just for a day (and a half!) for the beginning of the several week-long trial. Teaching and my little shop obligations prevent me from spending more time out of Madison, but on Tuesday, on his 59th birthday (everyday is a birthday!), the 4th anniversary of our meeting (doesn’t celebrate that either), I’ll be at the Supreme Court of New York, listening very carefully.

(Sometimes life has too much drama.)

In the meantime, today, I checked up on the cats. They’re doing well, Ed. Here’s something that’ll make you smile:


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For the rest of Ocean readers, I understand that photos of two feral cats may be a little too little. So I’ll post photos from my bike ride over to the farmette and back again. The last photo is of beef bourguignon, from an Alice Waters recipe. Prepared by friends who are really really good at looking after me in times of stress and worry.



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5 comments:

  1. "...he is committed to doing what is surely right out of a profound love and respect for his (now deceased) dad and mom."

    Yes. I can see that too through the words and photos and smiles and trips and walks and rests in chairs and the cats and the farmette and the building of the writing shed and all the rest.

    I do hope it goes his way at trial. The best of luck to him and to you as you travel - even for the day and the half day too!

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  2. Your comment about not really understanding a legal matter until you go through it yourself struck a chord with me. The recent death of my father has given me an entirely new perspective as I counsel clients on estate planning and probate. Hopefully you'll find that Ed's experience will further enhance your teaching of the law. Best wishes.

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  3. I confess to wondering about Ed's cats yesterday and I'd hoped his legal problems were related to something boring regarding a patent or some such. I'm sure all of his friends here on Ocean will send good thoughts his/your way.

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  4. Tell Ed that I hope things go well. Hope he found a nice place to stay. He should eat at Juniors at least once. That will cheer him up.

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  5. Thank you all.

    Donna -- Ed has a cat sitter who actually comes in daily. I'm the back up.

    Interestingly, the cats notice his absence and at least one disappears for a while, just to let the world know that he is not pleased with abandonment. But the cat always comes back. You can fuss, but ultimately, if someone is there to take care of you, you come back.

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