Still Trying

An attorney for a governmental entity set a hearing affecting one of my appointed clients without filing a Notice of Hearing and without consulting any of seven or eight other professionals, including at least four attorneys.  I got 43 hours advance notice of it by e-mail.  When I called her to advise that I am unavailable, she excused herself by saying that she’s required to have a hearing within seventy-two hours of filing a certain pleading.  I pointed out that she and she alone controlled when she filed that pleading.  Had she surveyed the others involved, she would have had information as to our availability, and could have chosen to file the pleading so as to trigger the 72-hour requirement coincidental with our availability.

In her defense, she did ask the judge to adjust the hearing time so that I could attend, but the judge would not.  She called back and told me that the hearing would go forward as scheduled and seemed genuinely perplexed at my outrage.

I spent a good ten minutes telling her how tired I was of government lawyers acting without regard to the impact of their actions on private appointed counsel and, most importantly, on the Constitutionally protected rights of citizens.  I got absolutely no sense that she cared at all that my fifteen-year-old-client’s rights as a child and as the mother of a child, will be bandied about in the courtroom without her appointed counsel.

Why, you ask, do I recount this in my blog about learning not to complain?  Simple:  because I’ve vowed to be accountable in this public venue when I transgress.  There can be no doubt that my castigation of this government lawyer can be categorized as complaining.

I don’t regret my actions.  As I told this young lawyer, I’ve practiced law one year longer than she has been alive, and I’ve seen abuses like this scores of times.  On most occasions, I try to work around the difficulty created by the other person’s choice. But once in a while, I cannot  let such callous disregard pass without comment.

So — sue me.  I complained.  I think the fact that I complained about injustice should redeem me.

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5 thoughts on “Still Trying

  1. Phil Carrott

    Hooray….I love an early morning confrontation, something to get the day started on the right foot….good girl……!!!!

    Reply
  2. Cindy Cieplik

    You are redeemed, and if I ever needed an ADVOCATE to support my rights, I would want your clone!

    Or you! 🙂

    Reply
  3. Joyce

    I think all of us lawyers, and likely everyone, have encountered situations like this, at work and play. If you reacted in any other way than justified anger, you would be lying to yourself.

    Now that you have mostly gained control of complaining, it is time to rebalance the issue and recognize that you’ve OCDed this not complaining bit, leaving yourself in another corner. Go toward the light and get to the middle. I am certain this is where you intended to go.
    jk

    Reply
  4. Candie

    Sometimes it may be necessary to complain! I feel you did what needed to be done given the circumstances.

    Reply

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