Look Up—Staying Present at Work
As a litigator, I clearly have the opportunity to attend and watch court. Often, when I am waiting for my case to be called, I have the opportunity to observe what is actually going on in front of me. In the types of court I visit, I have the chance to interact with and observe ordinary people. When I do, I am always amazed, and oftentimes amused, at what I see.
Now, court is a very public scene. Anyone is allowed to come to court, especially pre-Covid, as court is open to everyone. Over one hundred years ago, court was actually part of the community’s entertainment. People would come to court to see what cases were being tried and who was on trial for what. I am always astonished that more people don’t come to court to observe what is actually happening in their communities. It is such a good barometer for gauging the issues that are facing their community. I always learn so much, aside from what is involved in my work, when I take the time to observe and watch court.
I think we attorneys sometimes get so involved and preoccupied with the minutiae of our work when we are in court that we fail to actually be PRESENT in court when we are there. I have realized that part of the joy in my work is being able to witness court and the ordinary people who attend it. I understand, by virtue of my education and training, what is actually happening so I can decipher what is actually going on and what the effects of it may be. However, I oftentimes look around when interesting things are said or occur and my sister and fellow attorneys all too often have a blank stare about them as they are just waiting for their case to be called. Where did we go???
Case in point, I was in court recently and the court was addressing a young man regarding his misdemeanor controlled substance charge. Now, what I gleaned from the proceeding was that this young man was given the opportunity to do some community service and routine drug/alcohol testing in exchange for a dismissal of all charges. However, this young man had not completed his drug/alcohol testing. So, the Judge inquired of him why he had not completed the drug/alcohol testing. This is a summarization/written dramatization of what occurred next:
Judge: Sir, you were supposed to submit to a drug/alcohol test and show compliance. Can you tell me why you are unable to show compliance today?
Young Man: So, your Honor, I went to the place and the lady there told me that it would cost $200 to do the test. She asked me if I thought I would pass, and I told her that I didn’t think I would be able to pass. She then told me not to pay the $200 to get the test that day since I knew that I wouldn’t be able to pass, and that I shouldn’t waste my money because I would have to pay the $200 again if I didn’t pass it that day. So, since I knew I would not pass that day, and I didn’t want to spend the $200 for no reason, I knew I would have to come back when I thought I could pass the test. I knew I needed at least 2 months to be able to pass the test, so that is why I couldn’t take the test because I had to come to court before I could wait 2 months to pass the test.
Judge: Sir, so you do you mean to tell me that in a 12-month period, there was not one time within that 12 months where you thought you could pass the test?
Young Man: No, your honor, I just didn’t have enough time before court to wait long enough for me to pass the test.
Judge: Sir, you can just pay the costs of court. Next case Mr. DA.
As I sat watching this exchange between the Judge and this young man, it was difficult for me to stifle my laughter (the masks help). But, I looked around at the other attorneys that were sitting and standing around me, and no one batted an eye. Was I the only one watching this exchange? To me, this exchange was not only a little funny, it really was an interesting lesson to me about how some people could interact with the court system that was so very different from the way that I interacted with the court system.
The main reason why I am writing about this is that I think it is important for us to try and be present in our work. Oftentimes, I feel that the heft and weight of what we do has us missing much of what we are actually doing. It’s like we fail to look up from our files sometimes to notice the real reasons why we do what we do. This young man clearly could have used a lawyer, but for some reason, he was without one. So therefore, he was left to tango with the justice system on his own. He could have used the benefit of good representation to hopefully try and reframe his situation and advocate for him. But, for whatever reason, he did not have an advocate and was left to make the decision to be, clearly, brutally honest with the court about his noncompliance.
He is representative of why some of us become lawyers; to help people navigate a system that is oftentimes difficult for most to understand let alone wade through. We have got to look up in court and notice what is happening around us to remind us why we do what we do and what is happening to the people that come to see us for legal help.
I know this is easier said than done. We are incredibly busy and under pressure. We don’t have the damn time to lollygag about. A lot of us are just running from one county to the next trying to catch our cases in time. Also, we are working. Not all of us are these flashy high-dollar attorneys that have their own jets and helicopters that wait for them on a tarmac somewhere. We are very much working for a living. So, it can be hard to do anything OTHER than what is on our to-do list every day. But we GOTTA do this. Otherwise, the amazing everyday occurrences that make our jobs and our work so unique and worthwhile will pass us by.
If you are a litigator, take a minute just to sit in court. Come early. Stay a little bit after your business is done. It gives you time just to breathe, but it also allows you to take a pause and look at the system work for which you are a key part. Notice the people that are coming to court; who do you see? Who do you NOT see? Listen. If you listen, you always can hear what is truly going on; whether or not you overhear someone in the gallery or you actually hear when the Court says something that you never knew before or something amusing. If we don’t continue to keep an ear to the ground and a hand on the pulse of things, we will be in danger of forever losing that spark that pushed us into the “well” in the first place.
