Tag Archives: legal career

The Rose Garden, Chapter 22 – A Voice Reclaimed

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Scales of Justice, Author St. Louis Circuit Attorney’s Office, (CC BY-SA 4.0 International)

WARNING:  Graphic Images

we also glory in tribulations, knowing that tribulation produces perseverance; and perseverance, character; and character, hope” (Rom. 5: 3-4).

The American Psychiatric Association defines three major dissociative disorders [1]:

  • Depersonalization/derealization disorder — a sense of separation from self;
  • Dissociative amnesia — suppressed memories; and
  • Dissociative identity disorder — alternate identities.

These conditions arise from shocking, distressing, and/or painful events, including severe neglect or repetitive physical, emotional, and/or sexual abuse.  Symptoms can range from memory loss to disconnected identities.

Thankfully, I never, myself, suffered from suppressed memories or alternate identities.  There were, however, three aspects to my personality as a result of the incest:  an inner child; a capable woman; and a cynic.  By the grace of God, I have since managed to integrate these aspects with one another.

What purpose, I ask myself, did these aspects of my personality serve?

The Inner Child

The inner child preserved the feelings I experienced as a child.  She represented my lost innocence.

The child made a rare public appearance on the one occasion I was required to testify at trial, on my own behalf.  All legal knowledge on my part evaporated.  I leaned tensely forward on the witness stand, responding to each question precisely and with extreme care, my eyes fixed on opposing counsel.

Jurors commented afterwards that I seemed too sincere for an attorney, must have been holding some part of myself back.  Little did they realize how much I had actually revealed.

The Capable Woman

The woman was the attorney — competent, dignified.  She predominated.  Although heavily focused on work, she was able to function.

The Cynic

The cynic was a source of passion and strength.  She had no problem expressing anger.  And the cynic had a voice that the child did not.

Surprisingly, it was foul language which first allowed me access to that voice.  Not having heard such language as a child, I was not denied it.  That was the key.

The equipment necessary to the practice of law is located above the neck.  I acquired profanity as a way of conveying that fact to fools in the legal profession who actually believed gutter language a demonstration of strength.

Profanity is a weapon denied women, if they are to be considered ladies by our culture. Though I do not endorse it, I ask to be judged by the same standards applied to men for utilizing that weapon.

I never aspired to be a lady.  I aspired to be a hero. Continue reading

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The Rose Garden, Chapter 19 – In the Wilderness

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Law office boardroom, Source https://www.htwlaw.ca, Author Tony Wong (Free Use)

“Behold, I will do a new thing, Now it shall spring forth; Shall you not know it?  I will even make a road in the wilderness And rivers in the desert ” (Isa. 43: 19).

Kite flying was something I did not do well as a child.  Still, I tried every summer to make a successful kite, one that would soar overhead.

I was aware that kites could be purchased at the local five and dime, but did not think to ask for one.  It was clear such frivolities were beyond the family’s means.  Instead, I constructed my kites of the materials at hand:  loose-leaf paper and cardboard, bakery string, and rags.

The kites did rise briefly, but never very high, resolutely though I ran with them down the hill in front of our house.   I dreamed occasionally, myself, of flying — capable in dreams of rising effortlessly off the ground, like a bird, whenever I wished.

I was not very adept at sledding either.  Snow did not fall often enough in the Bronx to allow much opportunity for practice, and the hill in front of our house was not particularly steep.  I did not view these conditions as bearing on my sledding abilities.  Despite them, I persisted.

Emotional Transparency

The situation was much the same at the first legal firm at which I worked.  This was a medical malpractice firm.  I had not heard of malpractice before; knew only that I wanted litigation.  Suddenly, the biology major I had pursued made sense.

My first firm specialized in brain-damaged infant cases. These are among the most serious and difficult, with large monetary value.  Because of that, trials in this specialty are hard for a young attorney to come by.  One of the first principles driven home to me was that the attorney’s ego must be secondary to the clients’ good.

Trial work here was the Holy Grail, the measure of an attorney, but always something mysterious, as well. As young attorneys, we jockeyed over the few available trial opportunities.  Little by little, we acquired the necessary skills.

I, however, made a fundamental mistake.  I let my feelings of insecurity show at the office.

Fear is a natural component of trial work.  Those who have done it for any length will confirm this.  We carry the responsibility of the clients’ welfare.  The full force of risk falls upon us.

We have high rates of alcoholism and substance abuse; are prone to depression; die of heart failure and stroke, sometimes in the courtroom.

We are an irreverent bunch.  Some of this is due to the fact our jobs require us to push the envelope.  Some of it is a reaction to the stress — a response that, as children, my sister and I used to call “laughing in the face of death.”

Unfortunately, my emotional transparency (a consequence of boundary violation) was viewed as a vulnerability.  No matter how hard I worked, I was passed over.

As young attorneys, we often had to request the rescheduling of trial dates by the courts.  We joked that our cards should read, impressively, “Adjournments in All Courts.”

With litigation as common as it is in this country, court calendars are heavy.  Judges are impatient to move cases along.  Adjournments were not always easy to secure.

On one particular occasion, I was instructed by the Office Manager to obtain a short adjournment on a case already marked “final.”  On the way to court, I had an accident on the parkway.

It was a rainy day.  Traffic was heavy, but moving.  A vehicle entering from the right caused the driver ahead of me to stop suddenly.  I slammed on the brakes in order to avoid a collision, and went into a spin on the wet pavement.

Time seemed to stand still.  A huge truck came into view.  I closed my eyes and gripped the wheel, anticipating impact.  Expecting to die.

Instead, my vehicle came to a soft stop.  I opened my eyes to find I had spun 180 degrees and was facing the vehicle originally behind mine, our bumpers barely touching.

None of us in the vehicles involved had been injured.  The police took a report, but we decided as a group to go on with the day.  As far as I know, no litigation ever resulted.

My concern at that moment was getting to court on time.  I got back in my car, drove the rest of way, and managed to get the necessary adjournment.

To my dismay, the Managing Partner was unhappy with my efforts.  Though my inadvertent mentor, he accused me of having manipulated the situation, so that no other attorneys would be available on the adjourned date, and I could try the case.

I was stunned.  Thankfully, I could point to the Office Manager’s written instructions.

I never mentioned the accident.  There seemed no point.

Things reached such a level of frustration for me at the firm that I found myself crying in the office bathroom one day.  As I sat on the edge of the tub, it suddenly dawned on me that I deserved better.  I dried my tears, walked out, and gave notice. Continue reading

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The Rose Garden, Chapter 13 – Fighting the Scars

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Fawn in grass, Source http://www.forestwander.com/fawn-in-grass-2/, Author ForestWander, (CC BY-SA 3.0 United States)

Come to Me, all you who labor and are heavy laden, and I will give you rest” (Matt. 11: 28).

Sometime in my late teens my pain and anger finally surfaced, and I lost my faith.

Throughout college, I declared to anyone within earshot that I was an atheist and existentialist.  Rather than bow before a God Who — as I saw it — would allow good people to suffer, I preferred to deny God’s existence.

Perfectionism and Procrastination

The evil in which my father had engaged produced a variety of scars on my psyche.  Perfectionism and its companion procrastination were among these.

Writing errors had to be liberally covered over by correction fluid, expunged.  Fasting was the ideal; a mouth full of food, and I was committed to bingeing.  If I so much as awoke later than planned, the day was marred.

It seemed far easier for me to be “perfect” than to be normal.  I had no idea what it was to be normal.   And if I could achieve perfection, perhaps my father would love me again.

Perfectionism is defined in Father-Daughter Incest by Judith Lewis Herman as behavior involving the setting of standards “high beyond reach or reason [1A].”  According to Lewis Herman, perfectionists strain “unremittingly toward impossible goals”; measure themselves “entirely in terms of productivity and accomplishment [1B].”

Perfectionism hinges on the belief that making mistakes is the same as failure.  Standards can be set so high they “actually interfere with performance [1C].”  The perfectionist dare not “risk being average,” yet filters out positive comments [1D].  The underlying belief of the perfectionist is that high standards will keep chaos at bay [1E].”

For incest survivors, a corollary of the belief is that lowering standards — even once, even briefly — is equivalent to the irretrievable loss of innocence.  My first panicked thought on being involved in an auto accident was that my record was now no longer spotless.

Related to perfectionism is paralysis:  better to do nothing than fail.  There is, however, another component to paralysis.

Fight or Flight Response

Most people today are familiar with the fight-or-flight response to danger.  The so-called “acute stress response” was first described by American psychologist, Walter Cannon, in 1929.  According to this theory, animals react to threats either by fleeing or facing them.

The response is automatic, with the sympathetic nervous system triggering the release of specific chemicals to prepare the body for either activity.  Stress results when we can pursue neither course of action in response to threat.

Freeze Response

More recently, psychology has begun to recognize the existence of a freeze response [2].  Think of a fawn frozen in tall grass at the approach of a predator.  The stimulus is overwhelming.  Yet neither fight, nor flight is an available option.  The fawn’s best chance of survival is, in effect, to disappear.

In humans, the freeze response is now believed the tie-in to dissociation.  The predator is so nearby his stench fills your nostrils.  The blood pounds in your ears.  Your heart threatens to explode.  Yet you cannot move, and cannot defend yourself.

Tragically, trauma in humans (especially the young) can have a permanent impact on the nervous system.  We do not possess the capacity to “unfreeze” readily when the danger has passed, so carry the trauma forward.

Situations that mimic key aspects of the traumatic event reproduce the response, and we are once again immobilized with dread.  In the context of molestation, sexual intercourse need not take place for permanent damage to be done. Continue reading

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