July 18, 2019

Archives for October 29, 2015

The Culture of Law (Part 12): To Epiphany or Not to Epiphany

rhodesA couple installments back, we looked at lawyers whose personal epiphanies led them to break from the profession’s “show me the money” culture.

Epiphanies find us in our ruts, grab us under the armpits, and yank us out. The view from up top is exhilarating at first, but epiphanies fade quickly without new thoughts, beliefs, and behaviors to sustain them. To get all that, we need new brain wiring, which doesn’t come easily. Plus, once we’re out of our professional rut, we’re out of our other ruts, too, which means that our need for new neurons and neural pathways spills over to our relationships with family, friends, employees, co-workers… all the people most invested in the cultural status quo we intend to change.

In her book Stitches: A Handbook on Meaning, Hope, and Repair, Anne Lamott writes in her funny-but-so-honest-it-hurts style about the effect our epiphanies have on those close to us, especially when we come from a high achievement family culture.

The grown-ups we trusted did not share the news that life was going to include deep isolation, or that the culture’s fixation on achievement would be spiritually crippling to those of more gentle character. No one mentioned the peace that was possible in surrender to a power greater than oneself, unless it was to an older sibling, when resistance was futile anyway. Teachers forgot to mention that we could be filled only by the truth that suffuses our heart, presence, humanity. So a lot of us raced around the rat exercise wheel, to get good grades and positions, to get into the best colleges and companies, and to keep our weight down.

Most of us have done fairly well in our lives. We learned how to run on that one wheel, but now we want a refund.

Most people in most families aren’t going to feel, “Oh, great, Jack has embarked on a search for meaning. And he’s writing a family memoir! How great.” To the world, Jack has figured out the correct meaning. He’s got a mate, a house, a job, children. He’s got real stuff that he should fully attend to. At best, his seeking his own truth is very nice, but it’s beside the point. At worst, one would worry that he was beginning to resemble a native Californian.

It is not now and never was in anybody’s best interest for you to be a seeker. It’s actually in everybody’s worst interest. It’s not convenient for the family. It may make them feel superficial and expendable. You may end up looking nutty and unfocused, which does not reflect well on them. And you may also reveal awkward family secrets, like that your parents were insane, or that they probably should have raised Yorkies instead of human children. Your little search for meaning may keep you from going as far at your school or your company as you might otherwise have gone, if you had had a single-minded devotion to getting ahead. Success shows the world what you’re made of, and that your parents were right to all but destroy you to foster this excellence.

So you — I — stuck to the family plan for a long time, because your success made everyone else so happy, even if you made yourself frantic and half dead trying to achieve it. You couldn’t win at this game, and you couldn’t stop trying. At least it was a home to return to, no matter how erratic, which is better than no home.

Are epiphanies worth the trouble they bring to our close relationships? Enjoy the humor, take the dose of honesty, breathe deeply, and then… you decide.

Next time: some scary cultural stuff — too late for Halloween, but worth a look.

Kevin Rhodes has been a lawyer for 30 years. He’s on a mission to help lawyers (and anybody else) to live large in their work in or out of law practice. He also believes law culture is ripe for change. He lives in Denver.

Colorado Supreme Court: Pro Se Non-Attorney Trustee May Not Represent Trust’s Interest in Court

The Colorado Supreme Court issued its opinion in Tucker v. Town of Minturn on Monday, October 26, 2015.

Trustees—Pro Se Litigants.

In this appeal, the Supreme Court considered whether a non-attorney trustee of a trust may proceed pro se before the water court. Opposer-appellant appealed the water court’s order ruling that as trustee of a trust, he was not permitted to proceed pro sebecause he was representing the interests of others. He further appealed the water court’s order granting applicant-appellee’s application for a finding of reasonable diligence in connection with a conditional water right. He asserted that the water court erred in granting the application because its supporting verification was deficient. Addressing a matter of first impression in Colorado, the Court concluded that the water court correctly ruled that a non-attorney trustee cannot proceed pro se on behalf of a trust. In light of this determination, the Court declined to address opposer-appellant’s arguments regarding the sufficiency of the verification. Accordingly, the Court affirmed.

Summary and full case available here, courtesy of The Colorado Lawyer.

Colorado Supreme Court: Search of Cell Phone Exceeded Scope of Warrant

The Colorado Supreme Court issued its opinion in People v. Herrera on Monday, October 26, 2015.

Searches and Seizures—Criminal Law.

The Supreme Court held that neither the warrant permitting the police to search defendant Herrera’s cellphone for indicia of ownership nor the plain  exception to the warrant requirement authorized the police to seize evidence of text messages between Herrera and a juvenile girl named Faith W. The warrant did not permit the police to search every folder in the phone for indicia of ownership because if it did, it would qualify as a general warrant in violation of the Fourth Amendment’s particularity requirement. The warrant authorizing a search for text messages between Herrera and “Stazi” (the name used by an officer posing as a juvenile girl) rendered the police’s initial intrusion into the text messaging application legitimate, and the incriminating nature of the particular folder they searched was immediately apparent under the circumstances. However, the third requirement of the plain view doctrine—that the police have lawful access to that folder’s contents—was not met because there was no objective basis for the police to believe that it would contain messages from “Stazi.” Accordingly, the Court affirmed the trial court’s suppression of the evidence seized from the folder.

Summary and full case available here, courtesy of The Colorado Lawyer.

Colorado Court of Appeals: Announcement Sheet, 10/29/2015

On Thursday, October 29, 2015, the Colorado Court of Appeals issued no published opinion and 39 unpublished opinions.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Tenth Circuit: Unpublished Opinions, 10/28/2015

On Wednesday, October 28, 2015, the Tenth Circuit Court of Appeals issued no published opinion and two unpublished opinions.

United States v. Hendrix

United States ex rel. Troxler v. Warren Clinic, Inc.

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.