Duckling Rescue

               I was talking to my friend, Helga.  She read one of my stories about a duckling.  She said it was poignant.  She commented I must really like ducks. 

               Helga is a retired psychologist.  I am a lawyer.  We are both in listening professions and are careful with our words.  I have no exceptional love of ducks.  They are all around my house and I pay attention to them.  I have exceptional love for most babies, not cockroach babies, but ducklings are cute and fuzzy. 

               From observing the ducklings with their mothers, I learned the ducklings constantly peep.  That can be translated into English, “Mom, Mom, Mom.”  The duck chortles in return, “I am here.  I am here.”  That’s how they communicate.

  

               When a single duckling is lost from its mother it peeps non-stop and runs around like a cartoon duck, panicked.  Unless it finds its mother, it is going to die, for ducklings cannot survive on their own.  That is intolerable to me, I can’t watch that and not try to help.  I grab the duckling with the intention of keeping it comfortable until it can be returned.   I have returned healthy ducklings to their families, I do not recall how many. 

               I gave two ducklings to two different mothers, on different dates, because healthy ducklings don’t like being in a cage in my house.  They love being with a duck mother and other ducklings.  Both those ducklings died, as did many of the mothers’ other ducklings. 

               I have taken in ducklings that appear healthy, but die quickly, from parvovirus. 

               I took in a very sick duckling with botulism.  She died.  I have since learned how to treat botulism, don’t know that it will work, but I will try. 

               I kept a duckling that was limping for a week.  She is alive and back with her family.  That’s an awesome feeling.

               The odds of me taking in a duckling and having it survive are low, but I can’t stand the sight of an abandoned duckling.  It’s not a particular love of ducks, it’s a particular love of helpless babies.  I can't stand watching them suffer.  

               Conversely, there are 497 children still separated due to the family separation policy that ended on June 20^th. 

Court Orders, Contempt of Court and Good Ole' Boys

Court orders are effective as soon as the Judge speaks them. 

Yesterday the US government chartered a flight and removed a woman and her child from this country in the midst of litigation.  The government told a judge they would not remove them, but then did.  This was announced in court, while the plane was in the air going from Texas to El Salvador.  The government’s lawyer was apologetic and told the Judge she would get the woman and child back.  The Judge was angry because he was told the woman and child would not be removed.  The Judge ordered they be brought back, the plane be turned around.  The Judge said if this did not happen he would hold people in contempt beginning with Jeff Sessions, the Attorney General.  The woman and child came back.  This was a touching, moving, and beautiful display of the rule of law and checks and balances in our government. 

Contempt of court brings punishment.  Punishment can be all manner of things, like incarceration or losing your case.

A court order is effective as soon as it comes from the Judge’s mouth.  It is almost always reduced to writing, but it is effective from the moment it is spoken.  This gets lost in every day court.   I practice civil law.  We don’t always take down every word the Judge says in every civil case, like a divorce.  It costs money to have a court reporter there and transcribe what the judge said.   Nevertheless, a court order is effective the minute the Judge rules, from his mouth.  Let me tell you a story.

Once upon a time there was a beautiful woman who fell in love with a manipulative flashy man.  They bought a house, but it was in the man’s name.  They broke up and woman sued man for the house, either the whole house or half the house, I don’t remember. 

I was woman’s fourth lawyer in pre-computer days.  I went to the courthouse and sat in the file room reviewing her file and having them copy pages for me at a $1.00 a pop.  It was a huge file.  I stayed on the case for a while and then jumped ship because my client owed me money.  When I bailed I had a lien on the file.

Years passed, beautiful woman won the house, it went all the way up the appellate process and she won.  There were a lot of liens on the house.  The house had been sold, I think in a tax sale, and there were people lined up, including me, to be paid.  A large sum of money was obtained for the house.  I was number 4 to be paid and there was plenty of money.

Until manipulative flashy man’s lawyer stepped in.  He said he held a first mortgage, and it was for more than all the money obtained for that house.  A mortgage beat all other liens, except this mortgage was recently obtained and was for attorney fees. 

Sometimes, most times, I have a very good memory.  When beautiful woman first served flashy man with her lawsuit, the first thing he started doing was transferring the property.  He would “sell” the property to his friend.  Beautiful woman’s lawyer would go to court to reverse the sale.  This happened three times.  The third sale was reversed and, in open court, the Judge said, “Flashy man, I am ordering you are not to transfer or encumber this property again during this lawsuit.”  Except that order was never typed up.  I think because beautiful woman’s lawyer quit after that hearing, I’m sure because he wasn’t getting paid.  But the transcript was sitting in the court file.  I had read it, and I remembered.  I went back to the file room and found those pages and argued flashy man’s lawyer should not get paid.

Flashy man’s lawyer was from an Old Miamah family.  He was old enough to be my grandfather.   I was a young lawyer.  He said something to me like, “Missy, I sure am glad I am on the right side of this case.”

Our Judge was Leroy Moe, a really good judge.  As Miamah argued for his fees Judge Moe read the transcript prohibiting flashy man from encumbering the property.  Miamah had been at that hearing.  Judge Moe told Miamah to back off from the fees.  Miamah wanted the fees.  The Judge asked how important this was to him.  Miamah said very important.  Judge asked if it was as important as his ticket.

Miamah did not get his fees.  Within two years Miamah lost his license to practice law.  I assume the Judge turned him in.  I did not turn him in.

Fast forward years and years, I go out to do a deathbed will.  The man in the bed’s last name is Miamah, from the old Miamah family.  There are numerous Miamahs in the large house, for their family member is dying.  After we do the will I ask if they were related to Attorney Edward Miamah, who is, by now, dead.  They are.  I had a case with him and he got in some trouble for things he did in that case.  They said, “Not all Miamahs are good people.”

My Martin Luther King Jr. Day Story

When Lily was little I sent her to Elite Private School. I viewed it as a safe environment with every possible extracurricular on campus. It was my hope I could leave her there from 8 AM until 6 PM, where she would thrive, and I wouldn’t have to worry.

If there were 100 kindergartners, I am going to say 10 were African American. Lily went to after care. I am guessing six of the African American children went to aftercare. Most of the white children did not, they had stay-at-home moms. From the first day I picked Lily up I saw the children divided into groups, white and African American. They did this on their own. Lily was always with the African American children. I didn’t understand it. I didn’t have a problem with it. I wanted to ask her about it, but I couldn’t figure out a way to do that, without her thinking she was doing something wrong. What I really wanted to know was, “What’s wrong with the white kids? Why don’t you play with them?” Lily was happy with her aftercare group. I didn’t ask. Why create a problem where there is none?

On the Friday before MLK, Lily got in the car. She said she learned about Martin Luther King Jr. in school. I nodded. She asked if I knew at one time black people and white people were not allowed to sit next to each other on the bus, or eat together in a restaurant, or use the same bathroom. I knew. Lily was really angry and emotional. She shouted at me, “Why did YOU not tell me this?” I was startled by her emotionalism over historic segregation. I said it never came up. It was not information I meant to withhold. “DO YOU KNOW WHAT THIS MEANS????” She shouts angrily. What? “It means if we lived back then, we couldn’t sit together. We couldn’t be together.” I was baffled. “Your father is not African American.” I told her. “Both your parents are white. You are white. You and I would ALWAYS be together.”

Call me stupid, Lily wrote a Facebook post in the past month. She posted a video about the growth of skin lightening products. She spoke of receiving a couple dolls as gifts. I remember them well. My sister-in-law, Pilar, gave Lily a Latina Barbie. Lily hated it. She cried. My friend Clara, gave Lily a Native American, American Girl Doll. Lily burst into tears. Pilar and Clara are Hispanic. The difference between Lily, Pilar and Clara is Pilar and Clara’s mothers were Hispanic. I am going to guess, when they were little, they had a preference for dolls that looked like them, as opposed to blonde Barbie. Lily gave the dolls away. Lily said watching the skin lightening video brought those dolls to mind. The dolls made her angry because Lily wanted to look like her Mom.

Lily is half Armenian. Her father, and both his parents, were born in the United States, but all his grandparents were born in Armenia, they may technically have been born in Turkey, but they were still Armenian, it works like that, really.

Lily said when people meet her in person they comment she is tanner than she looks in pictures. That’s because many of her pictures are digitally altered, lightened, to make her “more beautiful”. The skin lightening products got her thinking how absurd and unnecessary that is, a way to make people feel badly about themselves, particularly when Lily, personally, prefers being tan. Lily said from now on, when she edits her own pictures she is going to stop lightening her skin color because black and brown are also beautiful.

Martin Luther King Jr. was a Baptist Minister. He preached equality and love, regardless of skin color. That really ought to be easy, a no brainer.

Lawyers and Greed

            When the United States became a nation, lawyers were the most respected profession.  That we are not anymore has at least as much to do with the society in which we live as it has to do with lawyers.  I was taught in college, in the 1980s, the United States continuously expects annual growth at a rate that has never happened in human history, better, bigger, more, gimme, gimme more.  We have not achieved the growth they anticipated in the late 1980s.

            Republicans rile up the masses to protect doctors from their mistakes that kill and seriously injure people, by invoking fear, “Protect your doctors, or you might lose ‘em  Do not let the government take away your choice.”  Images are conjured of the doctor in Little House on the Prairie or Gunsmoke, with a complete failure to recognize most doctors work for corporations, for which they generate profit or revenue.  I am not saying your doctor doesn’t like you.  I am saying you are one of the many and the amount you, as an individual, pay the corporation is near meaningless.  There is a good chance your doctor is more concerned with how many patients he sees in a day and how quickly, or how many surgeries he performs in a month.  Some doctors also really excite to pharmaceutical and surgical equipment promotions.  “Doc, wanna go to the Super Bowl?”  “I’m sorry Doc, you didn’t perform enough surgeries to win the Super Bowl tickets, how about taking the family to Cancun for Spring Break?”  Does this offend you?  Would you excite to it?

            A teacher hates her job.  She has to teach curriculum with the goal her students do well on tests.  The administration does nothing about behavior issues and she is not allowed to do anything either.  She has over 10 years in and many years before she retires.  If she quits she loses her pension.

            A lawyer is happy with the number of divorce cases she signed up last month, most ever.  It was a goal.  Know how you sign up more divorces?  Tell ‘em what they wanna hear.  “Hire me, I’ll get you everything.”  Maybe the client will be lucky and the lawyer will make him or her happy, especially if the client’s expectations are reasonable to low. 

            One of my goals is to leave clients better off than they would be without me.  I have declined divorce cases. 

            A long-time client and her husband agree to divorce.  They want me to do it.  I know their financial situation and the needs of their household and large family.  I tell them no.  I am asked if I realize they will hire another lawyer.  I’m fine with that.   Several months later I see wife and ask about the divorce.  They are not in a financial position to get divorced.  I’m glad they consulted with a professional. 

            I am walking out of an electronics store when I am stopped by a friend who works for a big box carrier.  “Mrs. Lindquist, I need to schedule an appointment at your office.  I need to get divorced.  My wife cheated on me.”  I am so sorry.  I know you have a couple little kids, own a house, have a pension and work a lot of hours.  Before we meet, think about what you want.  Is your wife going to stay in the house with the kids?  Is there any equity in your house?  Do you want to think about something like keeping your pension and giving her the house?  We need to compare values.  How often are you going to see your children?  It’s sad you won’t get to be in the same house with them anymore but OMG, your wife cheated on you, with all you do for your family?  Let’s get her.  He never came in.  I ran into him months later.  “Mrs. Lindquist, I thought about what you said.  I was working a lot, and not paying attention to my wife.  I love my wife and children.  We started going to counseling and church, we are better.”  That was 20 years ago.  He is retired.  His children are grown.  He is still married.

            Professionals are not what they were because society is not what it was.  We have an insatiable appetite, an inability to delay gratification and greed constantly demanding more, more, more.  How does that end?  Oh, fish in the sea, come listen to me.

Aware, Mindful and Thankful

Senator Lisa Murkowski backs the repeal of the Obamacare mandate, but did not support the repeal of Obamacare.  For this she has drawn the ire of Democrats.  Murkowski represents Alaska.  I am sure most Alaskans support the repeal of the mandate. Murkowski is representing her constituents.

I’ve never been to Alaska, but I have watched their reality shows and listened to Sarah Palin, which is kinda like seeing Alaska from my living room, dontcha know.  Many Alaskans appear to view themselves as rugged, self-sufficient frontiersmen. 

This past year, one phrase has been thrown around a lot is cognitive dissonance, which is having inconsistent thoughts, beliefs, or attitudes, especially as they relate to behavior.  Despite the self-sufficient attitude, Alaskans wallow in unearned cash.  The federal government supports one third of Alaska’s jobs.  (The Economist).  Alaskans receive an oil subsidy, similar to the manner in which members of the Seminole Tribe of Florida receive a stipend from gambling profits.  Alaska has the highest rate of welfare recipients in the United States (US Census).  That is not surprising.  Alaska’s weather does not allow for year-round work in many industries. 

Let’s take one rugged, Alaskan frontier family, The Alaskan Bush People.  Alaskan Bush Dad and one son were charged with falsification on welfare forms.  They pled guilty and each spent 30 days in jail, so much for self-sufficient bush living.

Alaska does not have a monopoly on cognitive dissonance, they just make a good example due to Murkowski’s support of the mandate repeal.  Florida has its own examples.  We have a large winter population, some of whom are super wealthy.  They supplement our economy the way the government supplements Alaska.   

 Florida also has large numbers of elderly, many of whom came to Florida when they retired.  Some elderly people have no family at all, or at least no local family.   This makes them easy prey for conmen.  But not everyone is a conman.  There are many good people caring for their elderly friends or neighbors. 

Something that strikes me about these elderly in their estate planning is they have a friend or neighbor who buys their groceries, or takes them to the grocery store.  That friend takes them to doctor appointments and helps them maintain their homes.  The friend takes them in, or with them, when a hurricane is coming.  The elderly person will be sharing the holidays with their friend.  But where is the money going when they die?  To nieces or nephews up north, some of whom they have not seen for 25 years.  That does not make sense to me. 

Years ago, I told my daughter a mom of one of the kids she went to school with had cancer, for the second time.  My daughter asked me, “Didn’t you tell me that woman has a great body?”  I said she had a beautiful body.  My daughter said, “I think your body is better.”  May we all be aware, mindful and thankful for all we have and for those who are generous to us daily, this Thanksgiving and every day.

When Your Parents Want Your Child

Once upon a time there was a quiet, kind-hearted, pretty girl named Grace.  Grace grew up to be a veterinary assistant.  She loved dogs, cats and bunnies.  Grace fell in love with a handsome charmer named Inadequate.  Grace got pregnant.  She was so happy, so excited to have a baby.  Before the baby was born Inadequate beat the crap out of Grace.  He went to jail for a long time, exit Inadequate. 

Grace moved in with her parents.  Jason was born.  Grace’s parents loved Jason.  Years passed, Grace fell in love with Eric, a kind and gentle man.  Eric got a job offer in California.  Eric asked Grace to marry him and move to California.  Grace said yes.  Grace’s parents were not pleased.  They loved living with their grandson and watching him grow.  They did not want him in California.  Grace’s parents tried to convince Grace moving to California was crazy.  When that did not work they asked her to leave Jason with them, until she was settled in a home.  Grace loved her parents and agreed, and off she went with Eric.

Within weeks Grace’s parents told her Jason needed dental surgery, nothing serious, but she needed to sign papers giving them custody of Jason for surgery.  Grace readily agreed.  Grace loved and trusted her parents, look at all they did for her.   

A couple months later Grace told her parents she was coming for Jason.  Her parents asked could she please wait until Christmas?  It was only six weeks away.  They could celebrate as a family and then she could leave with Jason.  Grace said okay. 

As Grace and Eric prepared to leave California Grace’s parents told her not to come.  They were not going to let her take Jason.  Jason needed to stay with them through the school year.  Grace was very, very angry, but she complied.  The school year ended and Grace’s parents would not allow her to get her child.  As a matter of fact, they had a court order giving them custody. 

Grace hired an attorney who asked for Jason.  Grace’s parents responded Grace was a terrible mother, who abandoned Jason.  As a result, Jason suffered numerous, serious, psychological disorders. 

Grace sued her parents.  It took a year for that case to get through the court system culminating in a one-day trial.  Grace parents paid for psychologists and a psychiatrist to testify how damaged Jason was by his mother’s abandonment.  This included numerous dangerous specific instances of acting out in anger.  Jason was on psychotropic drugs. 

Grace won.  Her lawyer told her, “Get your son.  Get out of Florida and do not come back.” 

Since that trial the presumption under Florida law changed.  At the time it was parental reunification, now it’s best interests of the child.  I doubt the lawyer would win the case if it was tried today with the testimony of the mother conflicting with the testimony of her parents and doctors.

Jason lives happily in California with Grace and Eric, who have other children and live as happily ever after as any happy two wage-earning family does.

The best way to solve a legal problem is to prevent it before it happens.  Some of the best things about being a lawyer are the relationships you develop with people, making a positive difference in your client’s life and learning from deep personal knowledge of other people’s problems. 

Wilbur Ross

I used to watch a fair amount of Fox news.  I had a lot of clients who watched.  I wanted to see their viewpoint.  My favorite commentator was Wilbur Ross.  I was impressed by his intelligence.  I had no problem with his appointment to Trump’s cabinet.  I thought it was desirable.

I was wrong.  Turns out Ross failed to disclose he has a business with Putin’s son-in-law.  Ross testified he divested himself of $2 billion dollars in business interests prior to his confirmation hearing.  Now Ross owns up to his lie with a response that sounds like a contemptuous “Who cares?”  Forbes reports Ross did not divest $2 billion dollars.  Forbes says Ross never had $2 billion dollars.  Forbes reports Ross overstated his net worth as being 2.7 billion when it’s really $700 million.  Ross is a full-blown member of People of the Lie.  The basis of Ross’s entire Fox career, i.e., super net worth because he’s so smart, is a lie. 

When members of congress and governors run for office they have a solid record we see, because their work is public.  Financial records are private.  Trump and his minions hold them tightly.  Manafort, Flynn, Ross and Gates show us why.  Someday all Trump and his cabinet members’ financial records may be disclosed, and biographies will be written explaining the antics of a den of thieves.

The two highest rating’s draws at Fox, back when I watched, are gone.   Megyn Kelly says she’s glad to be gone.  Bill O’Reilly has become a wet, sobbing man, lashing out at God, failing to take responsibility for his actions, which, like Ross, is a complete contradiction of the principles upon which he expounded daily.

This morning I heard a billionaire on the news speak of how badly the current tax plan would hurt individuals.  The anchor shot back, “But you’re a billionaire.  It wouldn’t hurt you.  It would help you.”  The billionaire replied, “But it’s wrong.”  In this Year of the Lie many people appear to no longer be able recognize right from wrong.  They make it relative when emotions exceed intelligence.     

A liar shows he has zero respect for you.   You can choose to see things as they are, or make excuses, as your ego allows.  Adolf Hitler said, “If you tell a big enough lie and tell it frequently enough, it will be believed.”  But it didn’t end well for Hitler, and for millions of others, because of him and those complicit.  Hitler promised Germans a great nation, like the one they had before World War I.  Hitler told Germans (the white “Aryan”, non-mentally disabled Germans) he would make it better because they deserved better.   Being confronted with truth is so disappointing when the lie held such promise.  “Given a choice between a terrible truth and a beautiful lie, choose the truth every time.”   Mira Grant.