Wyzga On Words

Breast-feeding & Chemicals. What's A Mother (& Baby) To Do?

    There are a million and one reasons why breast-feeding a newborn beats formula.  As reported by Pam Belluck writing for the NYTimes, "Hospitals Ditch Formula Samples to Promote Breast-Feeding," it's generally healthiest for mom and baby.  Excerpt.
  

"Breast-feeding decreases babies’ risk of ear infections, diarrhea, asthma and other diseases, and may reduce risk of obesity and slightly improve I.Q., experts say. "

So why send mom home from the hospital after giving birth with some nifty little gift bags packed with sample cans of formula?  Some argue that the samples are too convenient at helping to deter a mother from breast-feeding when she learns how easy it is to just pop the top.  Others argue that babies do just fine on formula.  And still others argue that hospitals should be in the business of health - spelled mother's natural breast milk - and not canned formula.  Excerpt.

 

"The question is whether samples tempt mothers who could breast-feed exclusively for the recommended six months to use formula when they’re exhausted or discouraged if nursing proves difficult. The C.D.C., the World Health Organization and breast-feeding advocates say samples turn hospitals into formula sales agents and imply that hospitals think formula is as healthy as breast-feeding. Health experts warn that even small amounts of formula dilute breast-feeding’s benefits by altering intestinal micro-organisms and decreasing breast milk supply, since women produce less when babies nurse less. They say that while some women face serious breast-feeding challenges, more could nurse longer with greater support, and that formula samples can weaken that support system."

Moms, like each of us, should know what's in what we ingest.  Click here to read more about the political nature of "Ban the Bags" program designed to eliminate samples of formula distributed by hospitals to new moms.

Then ask yourself about the more complex story of toxic chemicals that are passed through breast milk to nursing babies. Chemicals like DDT, PCBs, mercury, lead, benzene, perchlorane, and others.

For that information you will have to turn to Florence Williams' book, Breasts, recently reviewed by Jennifer Browdy de Hernandez for ORION magazine, September/October 2012.  Excerpt:

 

"Yes, human milk is like ice cream, penicillin, and the drug ecstacy all wrapped up in two pretty packages.  But, women "off-load" up to90 percent of their own chemical loads  through their breast milk, prompting Norway, the country with "the single highest breast-feeding rate in the world," to consider recommending that women limit their breast-feeding to six months. Firstborn infants are at particular risk of chemical exposure through breast milk."

"Not only are babies and toddlers with high toxic levels of contaminants scoring lower on tests of mental, verbal, IQ, and physical development, chemicals are disrupting puberty.  "Today, half of all the girls in the United States start popping breasts by their tenth birthday," a statistic that is particularly  disturbing when paired with this one: "If you get your first period before age twelve, your risk of breast cancer is 50 percent higher than if you get it at age sixteen."

I guess like the canaries in the mine, womens' breasts are a window to an increasingly toxic world that calls for tighter regulations on food, chemicals, bottled water.  Maybe before banning formula samples we take another look at overall environmental, food and water health to learn who is feeding what to whom.   

 

 

Q&A Tuesday: Why Should Lawyers Care About Marriage?

Q:    Why should lawyers care about the institution of marriage?

A:    As the institution itself seems to declining, the legal definition of marriage is up for grabs.

As reported by Aja Gabel in the current issue of The University of Virginia magazine, The Marriage Crisis, marriage has declined over the past 50 years and continues to decline.  Excerpt.

"Only about half of Americans are married now, down from 72 percent in 1960, according to census data. The age at which one first gets married has risen by six years since 1960, and now only 20 percent of Americans get married before the age of 30. The number of new marriages each year is declining at a slow but steady rate. Put simply, if you are an unmarried adult today, you face a lower chance of ever getting married, a longer wait and higher divorce rates if you do get married. The Pew Research Center recently found that about 40 percent of unmarried adults believe that marriage is becoming obsolete.

While marriage is in decline, unmarried cohabitation is on the rise. Fifteen times the number of couples today live together outside of marriage than in 1960. Almost half of cohabiting households include children.

Why should we care about what may be a failing institution? Brad Wilcox, U.Va. sociology professor and director of the National Marriage Project, argues that the institution of marriage still symbolizes core values important to intimate relationships.

“Marriage conveys a sense of meaning, purpose, direction and stability that tends to benefit adults and especially children. People who get married have an expectation of sexual fidelity, and that fidelity tends to engender a sense of trust and security,” Wilcox says. “There is no kind of similar solemn ritual marking the beginning of cohabitation.”

Allison Pugh, also a U.Va. sociology professor, has a slightly different take on it. She says that it isn’t so much the institution of marriage that is important, but rather how well a family cares for children, regardless of its structure. Children need stability, nurturing and love, but both married and unmarried parents can provide those things, Pugh says.

Is America having a “marriage crisis?” Certainly, the institution of marriage is changing and it’s worth taking a look at why and where it might end up. It’s a question that a number of researchers at U.Va. are trying to answer by exploring the role of women in the workforce, emotional expectations for partnership and marriage’s benefits or costs to individuals and families."

In an nutshell, what has changed?  Women became "liberated."  We obtained college educations and entered the workforce.  While discrepances in equal pay and opportunity continue to exist, women have more choices available to them while society seems ready, albeit resigned, to let us have them.  Personal fulfillment is a goal rather than a tantalizing dream. Divorce is more acceptable than shameful.  Birth control translatesinto higher economic brackets for both partners as women take control of their fertility and their earnings.

Ultimately, marriage in America has changed because Americans have changed:

"Marriage has changed because America has changed. We can’t return to the model of marriage from the mid-20th century because we no longer live in the culture or the economy that created it. And some would argue that we wouldn’t want to return to it even if we could. Both men and women have greater choice than they did 50 years ago not only in regard to whom they marry, but also if they do and what kind of family they want to build. And, if the experts agree on one thing, it is that these choices are some of the most important we make for our own happiness."

Click here to read more about the changing legal definition of marriage. 

Which brings me to where things stand with the Prop (H)8 Trial.  No one was more surprised than I to learn that the good - albeit sometimes whacko - folks in my adopted state of California swigged, chugged and guzzled the Kool-aid before adopting Prop(H)8 banning same-sex marriage.  Surely, we are at least as liberal as Vermont, as smart as New York, as socially savvy as Massachusetts.  But no.

Do you want to know where things stand with the Prop 8 trial?  Click here to read an exceptionally nuanced 5-part series exploring the future of Defense of Marriage Act (DOMA), the Prop 8 trial and marriage equality.

What is particularly broad-minded about the series is the author's willingness to step beyond the two cases (DOMA and Prop 8) to reflect upon the more global topic of the future of marriage equality in the United States.  Excerpt.

"A vision of the future of marriage equality in the United States

Yesterday, I argued that the DOMA case should be decided before Prop 8 because it fundamentally changes the arguments to be made against California’s marriage ban, and other bans like it across the nation.  Today, I want to take that a step farther and look past the two cases to the future of marriage equality in general.

Marriage equality currently stands at a tipping point in the United States, will polling beginning to shift to the majority in our favor, DOMA and Prop 8 at play before the Supreme Court, and marriage referenda in three states in November.  While the legislative and judicial tracks are currently moving in parallel and do effect each other, I believe that the legislative track will eventually (and within the next few years) be exhausted, and further victories will have to come through the courts.  A Supreme Court ruling on DOMA this year, rather than Prop 8, puts the marriage movement on more solid footing for the future."

Folks, the times they are a changin.

What was it that Aaron Sorkin said in his commencement address to the graduates of Syracuse University?

MR. SORKIN “You’re too good for schadenfreude, you’re too good for gossip and snark, you’re too good for intolerance — and since you’re walking into the middle of a presidential election, it’s worth mentioning that you’re too good to think people who disagree with you are your enemy.”

Advice To Graduates: Life Will Be Hard; Make Mistakes; Fix The World; Be True To Yourself; And So On.

Elliott Richardson gave the commencement address to my college graduating class.  I don't remember what he said so much as what he had done: as attorney general he stood up to then-President Richard M. Nixon and refused to fire the Special Prosecutor investigating Watergate.  His moral stand and subsequent resignation hearkens back to a much earlier time, one that Maureen Dowd longs for in her editorial, "Moral Dystopia."  Excerpt.

"EVERYONE is good, until we’re tested.

We hope we would be Sir Thomas More in “A Man for All Seasons,” who dismisses his daughter’s pleas to compromise his ideals and save his life, saying: “When a man takes an oath, Meg, he’s holding his own self in his own hands. Like water. And if he opens his fingers then, he needn’t hope to find himself again.”

But with formerly hallowed institutions and icons sinking into a moral dystopia all around us, has our sense of right and wrong grown more malleable? What if we’re not Thomas More but Mike McQueary?"

Richardson was tested.  His actions are his legacy.

It would be too easy to say that in the years since I stood alone and applauded Richardson's address I became a lawyer and stood up to wrongdoers to model his role.  My mother would just tell you that I was always a head-strong independent soul rooting for the underdog while marching to a distant drummer.

What I do want to know is what today's graduates will take from the plethora of commencement speeches given by the notables and quotables whose earnest, funny, somber and encouraging words come to us in snippets in todays NYTimes, "Familiar Faces Offering Advice, Idealism and Humor."  Excerpt.

"But uplift and idealism still ruled. Graduates were exhorted to do great things, look out for others and maybe, just maybe, put aside their electronic devices for a few minutes. The nearest to universal advice was that graduates should chase what they love, and heal what ails humanity."

Here are a few of my favorites:

NEIL GAIMAN, AUTHOR

University of the Arts

“Nothing I did where the only reason for doing it was the money was ever worth it, except as bitter experience. Usually I didn’t wind up getting the money, either.” “Things go wrong, in life and in love and in business and in friendship and in health and in all the other ways that life can go wrong. And when things get tough, this is what you should do: make good art. I’m serious. Husband runs off with a politician? Make good art. Leg crushed and then eaten by mutated boa constrictor? Make good art. I.R.S. on your trail? Make good art. Cat exploded? Make good art. Somebody on the Internet thinks what you do is stupid or evil, or it’s all been done before? Make good art.”

LAWRENCE LESSIG, LEGAL SCHOLAR

John Marshall Law School in Atlanta

“There is no one in the criminal justice system who believes that system works well. There is no one in housing law who believes this is what law was meant to be. ... The law of real people doesn’t work, even if the law of corporations does. ... The law has convinced most Americans that the law is for the rich, except that part of the law that involves the prisons. We, all of us, have a duty to fix this. To repair this. To make it better.”

CORY A. BOOKER, MAYOR OF NEWARK

Bard College

“Go out there and swear to this world your oath, not with your words, but with what you do. Not with your hand over your heart, but with your hand outstretched to a world that desperately needs your hand, your help, your insights, your creativity, your honor, your courage. It needs you.”  “My dad would always tease me: ‘Boy, don’t you walk around here like you hit a triple. You were born on third base, boy.’ ... I drink deeply from wells of freedom and liberty that I did not dig. I eat lavishly from banquet tables prepared for me by my ancestors. I sit under the shade of trees that were planted and cultivated and cared for by those who I will never know.”

AARON SORKIN, WRITER AND PRODUCER

Syracuse University

“To get where you’re going, you have to be good, and to be good where you’re going, you have to be damned good. Every once in a while, you’ll succeed. Most of the time you’ll fail, and most of the time the circumstances will be well beyond your control.”  “You’re too good for schadenfreude, you’re too good for gossip and snark, you’re too good for intolerance — and since you’re walking into the middle of a presidential election, it’s worth mentioning that you’re too good to think people who disagree with you are your enemy.”

To those of you setting out, every good wish for health, prosperity and joy.  For those of us still on the road take a moment to thank and learn from the ones on our (aging) heels.

Call Me An Armchair Traveler. Sometimes.

True, I have my own well-thumbed copy of 1,000 Places To See Before You Die.

Meanwhile, I journey the NYTimes Travel section to see how other adventurers are faring in places I have yet to experience.

Imagine my delight to come across Miki Meek's article, "Where Amish Snowbirds Find a Nest, stitching together a story finer than an Amish quilt with photos that look like they have been PhotoShopped!  Excerpt.

"We were headed to Pinecraft, a village on the outskirts of Sarasota, on Florida’s gulf coast. What started out as a tourist camp around 1925 has evolved through word of mouth into a major vacation destination for Amish and Mennonites from all over the United States and Canada. Some 5,000 people visit each year, primarily when farm work up north is slow.

On the bus, older passengers reminisced about going down to Pinecraft as children when roads were just sand and dirt. One man wistfully recalled a great-uncle who hitched a ride down in a Model T. But I didn’t fully understand the town’s popularity until we reached the end of our 1,222-mile drive, at a small church parking lot, where we were greeted by more than 300 people under a hot Florida sun — bus arrivals are a community event in Pinecraft.

Walking around Pinecraft is like entering an idyllic time warp. White bungalows and honeybell orange trees line streets named after Amish families: Kaufman, Schrock, Yoder. The local Laundromat keeps lines outside to hang clothes to dry. (You have to bring your own pins.) And the techiest piece of equipment at the post office is a calculator. The Sarasota county government plans to designate the village, which spreads out over 178 acres, as a cultural heritage district.

Many travelers I spoke to jokingly call it the “Amish Las Vegas,” riffing off the cliché that what happens in Pinecraft stays in Pinecraft. Cellphone and cameras, normally off-limits to Amish, occasionally make appearances, and almost everyone uses electricity in their rental homes. Three-wheeled bicycles, instead of horses and buggies, are ubiquitous.

“When you come down here, you can pitch religion a little bit and let loose,” said Amanda Yoder, 19, from Missouri. “What I’m wearing right now, I wouldn’t at home,” she said, gesturing at sunglasses with sparkly rhinestones and bikini strings peeking out of a tight black tank top. On the outskirts of the village, she boarded public bus No. 11 with six other sunburned teenagers. They were bound for Siesta Key, a quartz-sand beach about eight miles away."

Sometimes your travels take you to the least expected places.

 

Samuarai Lawyer And The Book Of Wind.

Patrick Trudell writing as Zen Lawyer Seattle ([email protected]) posted "Lessons from Musashi - The Book of Wind" on 24 February 2012.  This post was preceded by “Lessons from Musashi-The Book of Water, Lessons from Musashi - The Book of Earth, and Lessons from Musashi - The Book of Fire.

For those of you who followed this blog's posts entitled Samuarai Lawyers (Part 1, Part 2, and Part 3) you know that Eric Wagner, a longtime friend who is also a fellow lawyer and life observer in Canada, commented on the Book of Water post.  Wagner spent a number of years living in Japan and practicing Aikido. 

I asked him for his thoughts on the Book of Wind post.  Why?  Because I am fascinated by the practice of law as between these two lawyers living in adjacent countries.  Things are not so same-same as we might think.  I am curious to know what others think and how they practice.

Excerpts from Zen Lawyer Seattle will appear indented and italicized as befits quoting from a source.  Wagner's comments follow each excerpt.

"In his Fourth Book, The Book of Wind, Musashi concludes by stressing the traits of a warrior. Applied to the trial lawyer these traits are:

Lack of Pretense. The trial lawyer is without pretense. The trial lawyer is engaged in a career long quest to develop his spirit in the proper manner. Musashi’s, Book of Five Rings (Translated by Stephen Kaufman, Hanish 10th Dan) (1994) at 83-84.  His commitment is to his cause rather than to himself. The trial lawyer “does not go around telling everyone he is a great [trial lawyer]. He permits his actions to govern others’ responses.” Id. at 92."

Lack of pretense -- I agree.  Lawyers should not be pretentious. 

"Study Others-Be Yourself. Musashi teaches the importance of understanding the “reasons and philosophies of other systems” to benefit from our own. “Without comparison you have no reference point with which to judge for yourself and decide how to properly develop your own self.” Id. at 84. We should study other trial masters to reinforce our understanding of ourself. In this way we constantly reevaluate ourself.  Remember though to be yourself. When we change our methodology because of others we lose ourself. “Eventually you are going to have to come back to your natural state. So why leave it in the first place?” Id. at 96."

Study others and be yourself -- I agree.  It is especially important to study witnesses and judges so we can understand what they are thinking, despite the masks they may try to erect.  With our own witnesses, we have to realize that no matter what we do interms of preparation, they will "revert to type" after a while.  It is better to go with the "type" from the get go than to fight against it. 

"The Big Picture. Always take the broader view of the situation. “Do not concentrate on details. Keep only one thing in mind: that thing is to beat your enemy. In this way your spirit will continue to grow and you will always be conscious of your surroundings and the situations that appear.” Id. at 95. When we are aware of all possible outcomes we “may not even have to do battle because of superior intelligence based on perception and intuition. It is possible to win a fight without ever having to go into combat.” Id at 93. This occurs when the trial lawyer knows the strengths and weaknesses of her case and is known by the opposition to try her cases."

The big picture -- We get back to my earlier-stated objections to seeing the other lawyer as the enemy.  However, (at least in the context of civil litigation) if we see the conflict between the parties as the enemy, then things improve and we understand the proper way to focus on the situation.  The advice not to focus on details is a recipe for disaster, since that is often where the strengths and weaknesses of a case lie.  Try doing a fraud claim without questioning every detail!  I prefer to say that one should be aware of the details, but do not get bogged down in them so that one is distracted from the main goals.  Try this visual -- the guy running point on a patrol is so concerned with trip wires that he keeps looking at the ground and fails to see the enemy patrol standing in the middle of the trail in front of him!

"Quickness over Speed. Trials are competitions. In any competition rhythm and timing are essential. Musashi recognizes this and stress quickness over speed. “Quickness gets inside of speed and enables you to control the situation… . When you advance, … advance quickly and get immediately to the point. Your speed is dependent on the speed of your [opponent]. … [A]djust yourself  accordingly and do not think in terms of being faster and slower. … [I]f you are constantly moving fast you will have no time to maintain your poise and timing.” Id. at 97. “Always move naturally and calmly… .” Id. at 98. Quickness in trial happens when we focus on the present as in the words and body language of the jury in jury selection and the witness during testimony. Rather then concentrating on prepared notes live in the moment of the trial."

 Quickness over speed -- Again, I agree.  However, we should add to this what one of my sensei said.  "To be fast, go slow."  By this, he meant to take the time to do things perfectly and in a smooth, fluid manner rather than rushing around and doing things that need to be corrected.

 

"Trial Lawyer as Warrior. In today’s legal climate the Jerry Spence metaphor of the trial lawyer as a warrior is apropos. Insurance companies rely on lawyers unwilling to try their cases. Insurance companies base low offers on this reliance. In Musashi’s time it took a warrior to get justice for the weak. In today’s economic climate it takes a lawyer willing to file his case and prosecute it through a jury trial to get justice for the injured. When the insurance company sees such a lawyer they often pay fair value “because they would prefer to fight someone else.”

Comments on insurance lawyers -- As a defence lawyer, I must say that I have almost never been given unreasonable instructions.  If anything, the insurers have been willing to pay what I feel are dubious claims when the cost of defending them is too high.  We do take the personalities of plaintiff counsel into consideration, but I have never backed off of a trial because of who was on the other side.  I have backed off of settlement, though, when counsel is known for advancing untenable positions.  I have worked hard to build a reputation as someone who is always thoroughly prepared and who does not take "wing and a prayer" positions.  If I say or do something, it is because I believe in it.  My offers are not unreasonably low or unreasonably high, since such offers serve only to inflame the situation.  When I encounter counsel who are similarly minded, we have in virtually every case been able to reach a negotiated resolution. 

What do you think?

How do you practice?

What do you want others to know about the way in which you practice?

Samuarai Lawyer In Three Parts. Part 2.

Patrick Trudell writing as Zen Lawyer Seattle ([email protected]) posted “Lessons from Musashi-The Book of Water” on 24 January 2012. This post was preceded by Lessons from Musashi - The Book of Earth, and followed by Lessons from Musashi - The Book of Fire.

On January 24th I was speaking with Eric Wagner, a longtime friend who is also a fellow lawyer and life observer in Canada.  I knew he had spent a number of years living in Japan and practicing Aikido.  I asked him for his thoughts on the Book of Water post.  He was generous with his comments. So much so that his remarks will cover three days and conclude with an article relevant to this topic recently posted in the Law Society of British Columbia's monthly publication called The Advocate.

Excerpts from Zen Lawyer Seattle will appear indented and italicized as befits quoting from a source.  Wagner's comments follow each excerpt.

Part 2.

Purpose. “The martial arts [and trials] are not a game… . You must mean it when you strike… . If you do not, you will certainly get hurt. The only reason to draw your sword is to cut down the enemy.” Id. ad 31. The warrior/trial lawyer must “go straight to the heart of the matter… .” Id. at 33. Musashi teaches the main purpose of the warrior is to defeat the enemy. “Do not be side-tracked by the appearance of the enemy or yourself. Do not be conscious of the particular technique you will use. This causes hesitation. …” Id. “Your attack must be filled with conviction and purpose. In this way you defeat the enemy regardless of his abilities.” Id. Your attitude will be recognized by your opponent and he will prefer to fight someone else. Id.

As for “purpose” – it is not correct to say that the only reason to draw the sword is to cut down the enemy.  Sometimes, it is done in order to see the “enemy’s” reaction and show a willingness to cut, so as to help with settlement.  That is why setting mediation for a date just before one would start ramping up for trial is often much better than having mediation when no trial has been set.  He says not to be conscious of the technique you will use.  This is accurate in swordwork or any combat art.  However, in law, one must be extremely conscious of the arguments and other techniques to be used.  At the same time, though, one must avoid locking into a particular argument so as to blind oneself to developments in the case. 

One of the very first Iaido moves one learns is to draw the sword in a horizontal motion in front of the other person’s eyes.  The main intention is not to cut, but to cause the other person to blink,  hesitate, or move in a particular way, thus setting the stage for the next move.  Japanese castles are often designed so that one entrance/exit appears strong and important, so as to attract an attack, while a less obvious portal somewhere else allows troops to come forth and flank the attackers.  The parallel in law is that sometimes, one makes an argument without there being a true intention for that argument to carry the day.  It may be meant to create an environment where another argument  or negotiation strategy will succeed.

Here’s an old Japanese story.  One fellow bragged about the sharpness of his sword.  He threw up a silk scarf into the air and as it fell, it cut itself in two.  Another fellow put his sword into a stream and the leaves cut themselves as they passed over the sword.  The third fellow (why is it always the third guy in these stories?) put his sword into the same stream and the leaves went around, unharmed.  My preference is to develop the skills and stand like the sword in the water, so that conflict itself falls away rather than destroying anything.   That is the teaching we get from Aikido.

If you haven’t tried Aikido, you may want to walk into a dojo and see if it holds anything for you.

Part 3 will conclude on Monday.

 

Samuarai Lawyer In Three Parts. Part 1.

 

Patrick Trudell writing as Zen Lawyer Seattle ([email protected]) posted “Lessons from Musashi-The Book of Water” on 24 January 2012. This post was preceded by Lessons from Musashi - The Book of Earth, and followed by Lessons from Musashi - The Book of Fire.

On January 24th I was speaking with Eric Wagner, a longtime friend who is also a fellow lawyer and life observer in Canada.  I knew he had spent a number of years living in Japan and practicing Aikido.  I asked him for his thoughts on the Book of Water post.  He was generous with his comments. So much so that his remarks will cover three days and conclude with an article relevant to this topic recently posted in the Law Society of British Columbia's monthly publication called The Advocate.

Wagner's preference on this matter would be to say that Trudell's “metaphor” goes off track in some important ways, while giving some valuable teaching in others.  His remarks are not to be considered a full frontal attack on the man and his ideas, but rather a gentle reminder that he seems to be venturing off course sometimes.  If Trudell truly understands Japanese martial arts, the approach will be familiar and appreciated, since it is what practitioners like Wagner do in training.

Excerpts from Zen Lawyer Seattle will appear indented and italicized as befits quoting from a source.  Wagner's comments follow each excerpt.

 

 In  Musashi’s second book, The Book of Water, we continue to develop the warrior/trial lawyer metaphor.

When I first started practicing, I thought it was appropriate to read Musashi the way this lawyer seems to.  After all, I was a warrior/lawyer going forth to do battle for the forces of good (my paying clients).   This, however, now seems to be incorrect.

Musashi was writing for and about samurai in feudal Japan.  These were folks who were duty bound to follow their lords’ and superiors’ orders without question.   The challenge was to develop the skills to carry out those orders without going crazy in the process.   Some people say that the appeal of zen and its emphasis on stillness and quiet were in response to the need to deal with the voices of all the people the samurai killed and were about to kill.  Samurai really had no discretion.

I have a great deal of respect for the samurai, but I refuse to make them out to be anything other than what they were.  While there is a tendency among some people to romanticize samurai, they were killers above all else.  Unquestioning and effective killers.  That does not change just because they may also have been able to recite poetry or do calligraphy.

Modern day lawyers, on the other hand, are tasked with developing and exercising discretion at every turn.  We are not just blindly following orders.  We have to recommend and evaluate courses of action.  Sometimes we must refuse to do as our clients say.  It is not at all like what the samurai were doing.

Viewing oneself as a samurai / lawyer bound to destroy “the enemy” on the other side would seem to make one overly combative as a lawyer.  Negotiating a settlement with such a lawyer would be difficult at best.  Such a view also fails to take account of the fact that there is often a need to have a continuing relationship with that person on the other side.  Separated and divorced parents need to work with one another where the kids are concerned.  People in the business community will continue to cross paths and a reputation as a ruthless and eager litigator will poison the well pretty quickly. 

 

Appearance. “The manner in which a warrior carries himself is of utmost importance both physically and mentally.” Musashi’s, Book of five Rings (Translated by Stephen Kaufman, Hanshi 10th Dan 1994) at 26. The appearance of a warrior / trial lawyer should be “quiet and strong and seem to be doing nothing.” Id. The lawyer neither appears to be tense nor in disarray. The lawyer simply appears. When it is necessary to present the lawyer does so with complete resolve, confident, “neither overbearing in attitude nor with false humility.” Id.

If I as a lawyer “seem to be doing nothing,” it will not go well for me with a client who is paying me fees to do something.

 

The Opposition. “A small man can beat a much larger man and one man can beat many men.” Id. at 27.  Never allow yourself to be intimidated by the size of the opposition. Never show the enemy “false bravado.” Id. at 30. Never “prejudge a view according to what you think things should be, but instead look at all things equally and in this way you will be able to discern what can hurt you and what cannot.” Id. at 29. Steadfastness of purpose is a key requirement because if you lack this you will easily be led into false security and be easily defeated. Id.

As for not prejudging – that is bang on.  It is much better to approach a matter in a neutral manner, as should a judge, than with a view overly slanted in favour of one party or the other.  This helps one to see the entire picture much better.  Doing this requires discipline and experience, which is along the samurai lines but also along the lines of pretty much any discipline, whether it be flower arranging or playing the violin.

Part 2 continues tomorrow.

Groundhog Day & Happy Birthday to Alan Jennings!

 Verlyn Klinkenborg writing for the NYTimes, Questions About the Groundhog, reminds us how really wacky and thought-provoking our holidays can be, as follows.

"Groundhog Day — celebrated this Thursday — is a holiday specifically for discussing the weather, as if people were otherwise silent on the subject. (It is also a wonderful movie about infinite chances — and the perfectibility, at least, of Bill Murray — that is well worth watching, in case you haven’t seen it in a while.)

To mark the occasion this year, we have imagined some of the questions Groundhog Day might cause an extraterrestrial visitor to ask:

• Why do Americans and Canadians set aside a day to honor the creature also known as the woodchuck?

• What has the groundhog done for you but dig holes under the barn and eat your beans?

• Are there similar days in other months honoring small fur-bearing mammals — the nutria, perhaps?

• When you say the groundhog “sees” its shadow, are you implying that it knows it is seeing its shadow?

• For that matter, why do you need a groundhog to cast a shadow? Wouldn’t a stick work as well?

• And why have you chosen such a solitary creature — “highly agonistic,” or cantankerous, in the words of one expert — to perform such prognostications?

In fact, Groundhog Day does capture a bit of natural lore. After months of profound hibernation, drugged by the body fat of summer, a groundhog sometimes, on a mild winter day, pokes its head out of its burrow. What it thinks, no one knows. But it always makes the right decision. It goes back to bed."

What a delightful way to note one's own birthday.  Happy Birthday to you, Alan Jennings, across a crowded country.     

Wishing You & Yours Joy, Peace, Health, Prosperity.

Previously I wrote about the Nativity scene at the family home.  Here it is lit up at night with a scattering of hay for the animals who really will tell stories at midnight. 

 

To those many Holiday messages you are sending and receiving I would like to add mine.

Greetings to you and each of you ~

I send wishes for your continued good health, good fortune and good life.

And I invite you today, tomorrow and always to fully grasp the joy that is within your reach:    

    Within Our Reach:  Joy
    — by Fra Giovanni Giocondo

Fra Giovanni Giocondo (c.1435–1515) was a Renaissance pioneer, accomplished as an architect, engineer, antiquary, archaeologist, classical scholar, and Franciscan friar.  Today we remember him most for his reassuring letter to Countess Allagia Aldobrandeschi on Christmas Eve, 1513, the abbreviated version of which we know as:

    I salute you!  There is nothing I can give you which you have not; but there is much, that, while I cannot give, you can take.

    No heaven can come to us unless our hearts find rest in it today.
    Take Heaven.

    No peace lies in the future which is not hidden in this present instant.
    Take Peace.

    The gloom of the world is but a shadow; behind it, yet, within our reach, is joy.
    Take Joy.

    And so . . . I greet you, with the prayer that for you, now and forever, the day breaks and the shadows flee away.


For those who would like to read the whole of Giocondo’s Christmas Eve letter:

    I salute you. I am your friend, and my love for you goes deep.  There is nothing I can give you which you have not. But there is much, very much, that, while I cannot give it, you can take.

    No heaven can come to us unless our hearts find rest in it today.

    Take heaven.

    No peace lies in the future which is not hidden in this present little instant.

    Take peace!

    The gloom of the world is but a shadow. Behind it, yet within our reach, is joy.

    Take joy.

    There is radiance and glory in darkness, could we but see.  And to see, we have only to look. I beseech you to look!

    Life is so generous a giver. But we, judging its gifts by their covering, cast them away as ugly or heavy or hard. Remove the covering, and you will find beneath it a living splendor, woven of love by wisdom, with power. Welcome it, grasp it, and you touch the angel's hand that brings it to you.

    Everything we call a trial, a sorrow or a duty, believe me, that angel's hand is there. The gift is there and the wonder of an overshadowing presence. Your joys, too, be not content with them as joys. They, too, conceal diviner gifts.

    Life is so full of meaning and purpose, so full of beauty beneath its covering, that you will find earth but cloaks your heaven. Courage then to claim it; that is all! But courage you have, and the knowledge that we are pilgrims together, wending through unknown country home.

Dare To Pause This Season. And Bring A Little Peace To Your Travels.

Previously I wrote about storyteller Jay O'Callahan's advice: "Dare to pause" when you speak.  I found it to be a good reminder this season when it's beginning to look a lot like Christmas is making me a little crazy.

Maybe I should just dare to pause myownself and recall what a fellow traveler offered my a few short months ago: "Everyone is doing the best they can with what they have."

Then I read this timely advice in the Sunday NYTimes about "Achieving Peace While Traveling" by Rachel Lee Harris.  Imagine that!

Following are tips from a pro: Allan Lokos, founder and guiding teacher of the Community Meditation Center in New York, as follows:

"Q. Why is it so hard to keep calm while traveling?

A. Travel is stressful, period. Even if you are heading for the most fabulous vacation in the most blissful place, the body doesn’t know how to differentiate between positive stress and negative stress.

I have seen people in very poor countries who generally seem to be calmer and more patient than my more affluent countrymen. Our society is geared up to be in a hurry, to get more, and to be more. That is the ground for impatience.

Q. Can patience actually be learned? And if so, can it be learned before Dec. 23?

A. The real work of change takes time, but initial progress can be experienced fairly quickly when one is well motivated.

Think about whether you want your spouse or partner to be terrified while you rant and rave. Do you want your children to fear you? Do you want people to feel they cannot be completely comfortable around you? You will need that motivation to help you when you slip up.

Q. Which situations tend to send people over the edge?

A. What I hear about most is time spent with family. While some of it is treasured and joyful, being patient while all the same old ugliness is being brought up can leave one feeling emotionally shredded.

If there is one person in particular this holiday season who causes turmoil, see if you can politely minimize your time with that person. This is not cowardly but rather wise.

Q. Are there any airlines or hotels that in your opinion go above and beyond to promote peace of mind?

A. I can’t say that I have found one particular domestic airline or hotel to be consistently any more or less stress-free than the others. Of course, one can usually buy a more comfortable flight if one wants to, and can afford to pay for it.

With regard to hotels, I used to want to stay in the very best until I realized how little time I actually spend in the room. Now I opt for good, clean hotels that are well located, have fairly spacious rooms, comfortable beds and perhaps a good restaurant, all of which I find reduce stress.

Q. What are five things travelers can do to self soothe while en route?

A. 1. Accept the reality that most of what causes stress in travel is out of your control. In fact, you have much less control of things in general than you might like to believe.

2. Feeling rushed is one of the leading causes of stress. Go to airports and bus and train stations extra early. While others may be rushing frantically, you can be strolling leisurely.

3. Check in with yourself. Notice what you are feeling in a particular moment. If it’s annoyance, frustration or fatigue, don’t get all caught up in it. Don’t cling to the sensations.

4. Travel lightly. When I arrive at my destination for the holidays I announce to everyone, “I hope you like this sweater I’m wearing because you’re going to see it a lot.” And mail rather than carry gifts. Even one shopping bag is a nuisance.

5. Those around you are doing their best. Offer a smile that says, “Yes, I know it’s difficult, but we’ll all get there.” Perhaps a little later than scheduled, but you’ll get there. Let someone go ahead of you; it’s part of the holiday spirit."