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Newsletter
Sitting out the action
8/21/2020As a criminal defense lawyer, I spend a lot of time with prosecutors. Without a doubt, they see the world differently than I do. They say “guilty," I say "not guilty." They focus on the illegality, selfishness, and, sometimes, brutality of a person’s conduct while I highlight the potential for redemption. We are just wired differently. While our meetings don’t usually roll into drinks and dinner at the end of the day, our encounters are more cordial and professional than abrasive and harsh. We may not always agree or enjoy the results of our discussions, but we usually treat each other with respect. Others handle these relationships differently, but that’s my approach. For years, I faced a local prosecutor with a big, engaging, funny personality. She was loud, sometimes profane, and often self-deprecating. By the time I knew her, she was an incredibly effective lawyer, and we has some pretty contentious courtroom battles. I thought about her recently as I read the newspaper. So much seems to be spiraling out of control these days, whether caused by political, social, or medical strife. Everyone has an opinion, usually firm and assured ones, and we hear commentary from all angles. I remember a story the prosecutor told about a case she tried early in her career. In those days, cases were lined up for trial during a term of court. When one case ended, another started. She was young, new, and relatively inexperienced when she was assigned a case against a pro se litigant. That’s right, she had to prosecute a man who served as his own lawyer. Not only did the man act as he own lawyer, he won his own case. The prosecutor explained that she could hear the chuckles of the defense lawyers in the room. The gallery enjoyed the comeuppance of the young, brash prosecutor. As she turned to walk from the courtroom, near tears, an older, more experience lawyer with a big reputation stopped her. “You have nothing to be ashamed of” he said. "You presented the evidence fairly.“ He told her how impressed he was with her skills and expected her to do well. Most important, he assured her that it took no courage to sit, watch, and criticize. Now, I am not one to encourage prosecutors. Their immense power is too often abused. But, the old lawyer’s point seems relevant today. Whatever we think or however we feel about the decisions that are affecting our everyday lives during these difficult times, we really can’t afford to sit things out. Most of us can’t cure the health crisis, bring kids back to school safely, or solve the rising economic problems. But, we can do our part. People continue to face astronomical odds against the power of the state and federal governments. And, we will continue to use our training, experience, and resources to confront that power everyday. We represent people accused of criminal offenses and professional misconduct who risk losing everything. We work to get them their best possible results and back to leading productive lives. Call if you need us, or if you just want to say hello. Amos P.S. I once asked the old lawyer if he regretted encouraging the prosecutor. He did not remember the discussion, but said the prosecutor would not have backed down anyway.
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Newsletter
Should we try it under the trees?
8/13/2020We just passed the 95th anniversary of one of the most famous trials in history. In March 1925, the Tennessee state legislature passed the Butler Act prohibiting teaching evolution in Tennessee schools. A science teacher named John Scopes challenged the law and was charged with violating the Act. The trial, known as the Scopes Monkey Trial, took place over eight days in July 1925. Clarence Darrow, the most famous criminal defense lawyer of that era, represented Mr. Scopes. Former Secretary of State, presidential candidate, and well-known Christian fundamentalist William Jennings Bryan prosecuted the case. Large crowds and hundreds of reporters attended each day, and the trial was broadcast nationally on live radio. If you are interested in history, religion, or trial practice, the trial is fascinating on many levels. Apparently, citizens of Dayton, Tennessee staged a series of events culminating in the trial to draw attention to the town. Mr. Scopes was unsure whether he ever taught evolution, but incriminated himself to serve as a test case. Ultimately, Darrow called Bryan as a witness in an effort to get him to admit the Bible is open to interpretation. What is most interesting to me given our current predicament? The judge moved the proceedings outside because the heat inside the courtroom was so intense. Photographs show Darrow questioning Bryan with trees and large crowds in the background. Of all the trial’s drama, the decision to move the proceedings outside created no controversy. Ninety-five years later, Chief Justice Cheri Beasley directed senior resident superior court judges to develop plans for the safe resumption of jury trials. These plans must be in compliance with emergency directives designed to protect citizens during the pandemic. In addition, the plans must include efforts to summon and excuse jurors remotely, conduct trials with social distancing, and screen participants for COVID-19. I doubt any judges will propose jury trials outside. Uncertain weather, participants' comfort, and security concerns would be hurdles. At the same time, I am not sure those concerns outweigh the limitations of holding trials virtually, which prevent participants from fully observing the proceedings. Are those large wedding tents under consideration? They have substantial space for social distancing, provide protection from the weather, and tolerate bad speeches. Maybe, they are a suitable and safer alternative to a traditional courtroom. The jury convicted Scopes in nine minutes. And, he had Clarence Darrow as his lawyer. Was it the community's entrenched belief system, Darrow’s brutal treatment of Bryan, or the summer heat that persuaded the jurors? I don’t want to defend a criminal case under the shade trees of the Old Courthouse in Hillsborough, certainly not in July. But soon, we have to find an alternative to delaying jury trials. We can’t continue to put peoples lives and rights on hold indefinitely. We represent people accused of criminal offenses and professional misconduct who risk losing everything. We work to get them their best possible results and back to leading productive lives. Call if you need us, or if you just want to say hello. Amos P.S. If you would like to know more about Darrow's participation in the Scopes Monkey Trial, check out Attorney for the Damned by John A. Farrell. But, for this account, I relied mostly on Wikipedia.
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Newsletter
How did we make it through July?
7/31/2020Twenty years ago, I practiced law with a wonderful lawyer named Kirk Osborn. Kirk was athletic, handsome, and charismatic. He exuded confidence and kindness. I envied the way people were instantly drawn to him, especially strangers. We tried a number of complex, contentious, and emotionally grueling cases together. No doubt, I am a better lawyer because of him. But, that’s not why I mention Kirk today. Kirk was enthusiastic about lots of sports, but he was (to use one of his words) “fanatical” about the Tour de France. Kirk especially admired Lance Armstrong. He wore one of those yellow bracelets and felt a kinship to others who wore them, even though anyone could buy one for a dollar. At that time, I did not understand the Tour de France obsession. People rode bicycles for days and days and days. Kirk and our assistant, Kim, followed every minute and rehashed “the highlights” the following day. One hot July their enthusiasm wore off on me. I watched and got hooked. As I lost my tolerance for the July heat, my love for the Tour grew. My boys were little and still enjoyed hanging out with me. I would have one under each arm, a cup of coffee in one hand, and the newspaper in the other as we watched the early morning stages. We planned family gatherings with friends around certain stages. It became the event that got me past the July heat every year. And then, 2020 comes along. The Tour was scheduled to begin on June 27th and run through much of July. I had every intention of watching and could not imagine summer without it. Needless to say, life does not always go as planned. Allowing thousands of cyclists, support staff, and fans to gather a few weeks after seeing their Coronavirus numbers recede could have been a disaster for France. So, the Tour is postponed and scheduled for August 29th through September 20th. It won't be the same. It's not as hot then. Who knows whether it will even happen. As I write, The Guardian is reporting a “marked increase” in the number of coronavirus cases in France. But, we made it through July. If the Tour de France doesn’t start in August, we will survive that as well. This pandemic is a great reminder that everything is relative. During and after this pandemic, we will continue to represent people accused of criminal offenses and professional misconduct who risk losing everything. We work to get them their best possible results and back to leading productive lives. Call if you need us, or if you just want to say hello. Amos P.S. Kirk died in 2007. He would have been 78 on July 4, 2020. By my calculations, Stage 8 was scheduled for that day.
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Newsletter
Is it safe to go there?
7/23/2020When I was a sophomore in high school, my Eastern North Carolina school hired a recent college graduate to teach social studies and coach football (mostly to coach football). He was only a few years older than the students. To say he was sure of himself would be a gross understatement. Still, we liked him and found him interesting. What fascinated us the most? He was from New York City. Most of us had never been to New York City. (Why would you leave the coast for vacation?) What I knew about the City came from hearing my elders’ warnings, reading the sports section of the newspaper, or watching television, usually the police shows and “Welcome Back, Kotter.” I knew that people got run over, mugged, and killed all the time. Remember Son of Sam? Because this coach went to college somewhere in North Carolina, he was well aware of our image of the Big City, and he capitalized on it. We heard stories of run-ins with gangs, walking arm in arm with his brother so they could fight as a team, and seeing people mugged daily. A local family befriended the young, single man, often inviting him to dinner and other family gatherings. One son in the family was my friend and traveled with the coach to visit the coach's family one weekend. Turned out, his yarns were gross exaggerations or, most likely, complete fabrications. He was from New York, but their only venture into the City was a planned sight-seeing trip. The coach grew up in the suburbs, solidly middle class. I wonder what New Yorkers are thinking about North Carolina based Lowe’s announcement that it will not enforce its requirement that customers wear a mask while shopping. Lowe's published reason is that enforcing the requirement may jeopardize employees’ safety when they confront resistant customers. I will leave the mask debate to others. My question is have we lost all sense of civility? Do we really fear for the safety of an employee enforcing a store’s code of conduct? Should we expect an influx of diners without shirts and shoes? What happens when the restaurant refuses to take my American Express? I have traveled a fair amount outside the United States, worked with people from all over the country, and selected jurors from all around the state. At various times, I have met hostility, compassion, and ambivalence. I don’t believe any region or town has a monopoly on good manners or civility. My conclusion is most people share the same basic goals. But, I do wonder whether a bunch of New York City high schoolers are questioning whether it’s safe to travel to North Carolina after Lowe’s announcement this week. However others might image our state, we continue to represent people accused of criminal offenses and professional misconduct who risk losing everything. We work to get them their best possible results and back to leading productive lives. Call if you need us, or if you just want to say hello. Amos
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Newsletter
Just when you have time for jury service
7/17/2020Several years ago, the Orange County Clerk summoned me for jury service. Nothing relieves a lawyer from the obligation. Judges tell prospective jurors that jury service is the only compulsory obligation of citizenship. I appeared along with about one hundred other people. Apparently, the state scheduled a serious case and expected a lengthy trial. The longer the anticipated trial, the more frequent and extensive the excuses for avoiding jury service. We gathered in the jury assembly room where a number of people stood to watch the introductory video because the seats were filled. We chatted with people sitting nearby. I caught up with an old friend. The room got warm and felt crowded. At least a half hour after the expected starting time, a bailiff led us to the courtroom. We sat close together in seats designated for courtroom observers. After introducing himself, the parties, and the lawyers, the judge announced that the driving while impaired case scheduled for trial would last about a day. There was a collective sigh of relief. In just over an hour, the parties selected a group of twelve jurors and one alternate. The rest of us were released with the Court’s thanks. I never made it to the jury box for questioning. No doubt, the misdemeanor charge and anticipated length of the trial made jury selection much easier. A more serious case or a lengthier trial would have created employment concerns, interfered with scheduled vacations, and raised emotional issues that make jury selection arduous. I have a hard time imagining participating in that process right now. My understanding of the corona virus that causes COVID-19 is that a room overstuffed with prospective jurors in the basement of the courthouse could qualify as a "superspreader" event. Not surprisingly, Chief Justice Cheri Beasley issued an order this week delaying jury trials in North Carolina through September. What’s more, her order requires us to develop a plan to resume jury trials safely. That’s necessary, especially in criminal cases where some people are held in jail awaiting trial. The delays are understandable. The turmoil of the last few months may have freed up more time to exercise, watch Netflix, and drink beer. Given the circumstances, however, most won’t feel comfortable serving as jurors until we develop a plan to serve safely. And, our system doesn’t work without jurors. In the meantime, we continue to represent people accused of criminal offenses and professional misconduct who risk losing everything. We work to get them their best possible results and back to leading productive lives. Call if you need us, or if you just want to say hello. Amos
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Newsletter
You will reap what you sow
7/10/2020A former client’s mother assured me of that in February as we started her son’s murder trial. Her actual statement was “you are wrong! But you know that…people reap what they sow.” I can disclose that because I don’t have an attorney/client relationship with my client’s mother. Technically, I don’t owe her any duty. Practically speaking, though, it is nearly impossible to manage a relationship with a client without interacting with an engaged family, especially when the family is funding the defense. As you can tell, my client’s mother was not predicting that I would reap great rewards in heaven. But more about that later. I remembered her prediction when I called a physician friend for advice recently. My friend has had a long career as a researcher and practitioner and is one of the smartest people I know. I asked her advice about a dilemma I have involving a doctor who treats me and my son for allergies. My physician prescribed me a medication several years ago that changed my life. For years I struggled with allergies, but this medication changed that. I don’t wake up everyday feeling like my head will explode or carry a box of tissues with me everywhere I go. My dilemma: so far, this doctor has refused to prescribe the medication for my son, who suffers the same symptoms I had for so many years. I assumed his reluctance had to do with my teenage son’s age. My friend says that should not matter. It’s a great medication and should help, with the qualification that her opinions depended on the accuracy of my description to her. I asked her if she would want me to speak up. Of course, she said, “we can learn a lot from our patients and their families.” And, so it is with my clients and their families. I want them to speak up, fill in the gaps, and make suggestions. You can’t expect a mother to be at her best as her son’s murder trial begins, but “people reap what they sow” does not help anyone. It’s all forgiven now. A jury found her son not guilty of first degree murder. After the verdict, she waited outside the jail until her son was released, hugged him for the first time in over two years, and took him home. When I texted her later that evening to ask how he was doing, she responded, “Awesome.” Life right now feels like we are closer to the “reap what they sow” part of that relationship than the “Awesome.” It’s going to take a while, but we will back to the “Awesome." In the meantime, we continue to represent people accused of criminal offenses and professional misconduct who risk losing everything. We work to get them their best possible results and back to leading productive lives. Call if you need us, or if you just want to say hello. Amos
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Newsletter
Hope, Faith or Really Deep Pockets?
7/2/2020I walked down Franklin Street yesterday. The empty streets and restaurants are, sadly, starting to feel normal. (Good only if you don’t want to wear a mask.) I noticed something unusual. A large, recently vacated restaurant space had a big sign announcing the relocation of a different restaurant to the space after renovations. That was surprising enough in this environment, but what really caught my eye was the name of the restaurant. This particular restaurant has operated out of a much smaller, stand-alone building just down the street for years. It’s not obscure, but never created a lot of buzz. Lines didn’t run out the door after Football games. Now, no one pays me for business advice, but I would not want to take on that expansion right now. (Or ever, really, but that has nothing to do with this crisis.) People are not flooding restaurants these days. A large dining room is unnecessary for a “pivot” to take-out. Maybe the operators committed before the health crisis or decided to expand with the hope the virus will disappear soon. Could be, they have faith they can hold on long enough for business to return. Whether its hope, faith, or plain foolishness, I choose to see it as a reminder that this crisis will pass. Things may not return to our version of normal anytime soon, but these particular challenges will give way to better times. Although I can’t promise you normal, we remain open, engaged, and prepared for the challenges facing anyone accused of criminal offenses or professional misconduct. Call if you need us. In the meantime, Happy Fourth of July! Amos
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Newsletter
Who needs the courts anyway?
6/1/2020When I was just out of law school, a family member asked me to find a lawyer for a potential land dispute. I met with a top-notch civil litigator in Eastern North Carolina. He expressed confidence in my family member's legal position and agreed to represent him. As we were concluding our meeting, I asked the lawyer what he intended to do. "Nothing," he said. I suggested a fiery letter to let the adjacent landowner know that we had him as our lawyer and meant business, but he said, "why throw fuel on a fire?" The lawyer followed with a story about his first land dispute. When he joined a firm in the early 1960s that his father founded, the lawyer inherited a land dispute lawsuit his father had litigated for years. That was significant. His father died in the early 1950s. His warning: people will fight over land until they run out of money, forget what they are fighting over, or finally get worn out, even if it takes decades. Eventually, that’s what happened in his case. Still, no one got shot. Neither side lost its land. And, most likely, the subsequent generations forgave one another and lived as neighbors. Legal actions can be expensive, stressful, and demoralizing. At the same time, the courts serve the goal of resolving disputes and holding citizens accountable. We need them open, even during a local and national health crisis. The Chief Justice of the North Carolina Supreme Court issued new orders to reopen the courts after weeks of hearing only time-sensitive, critical matters. An explanation of the process follows. If you need help, call us. We will help or find you someone who can. Amos
