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Legal Highlight #12: Rochael M. Soper

Rochael Soper is our twelfth Legal Highlight. Soper is a negotiator and an entertainment lawyer practicing in the San Francisco Bay Area. I learned about her when she was interviewed for a San Francisco Chronicle article "ZEN and the art of lawyering." (idealawg blog post on that article.)

Please click back to the first of the Legal Highlights to learn about the Legal Highlights process and the reason behind this idealawg feature which focuses on what is right and working well in the legal profession. Here are all the Legal Highlight interviews.

And now read on the see what this Legal Highlight has to say in response to the seven questions . . .

1) Think about your experience in the legal profession and of a specific incident or event that made you feel extremely satisfied or proud. Give a brief description of the incident or event. The reasons I felt satisfied or proud were . . .

Recently I had an opportunity to raise the issue of diversity (particularly racial) with a client of mine and how they, as a company, might be depriving themselves and their clients of the benefits of having a more diverse community of employees.  And conversely, how being a company composed mostly of white, educated, upper middle class people, they were likely recycling and reinforcing conclusions and insights rather than really expanding their borders.  I shared with them how many law firms’ clients had demanded diversity from the law firms that represented them and posed that they may want to consider diversifying before their clients either imposed it on them or went with competitors who did understand the benefits of diversity.  I was able to share this because of the emphasis in California on elimination of bias in the profession and the many lectures I’ve listened to or discussions I’ve led on the topic.  Many at my client were surprised to hear that the legal profession had been so dynamic in their efforts to diversify.

2) I attended law school because . . .

I was smart and loved learning and knew I would continue on to graduate school of some kind.  I was drawn to law school because it was a great degree to have and I felt it would give me many opportunities in life.

3) I would recommend the practice of law because . . .

I do not recommend the practice of law often because I sense that many people get into the law for the wrong reasons and end up being very unhappy.  I also do not recommend the practice of law in large law firms beyond a couple of years of training because my experience in big firms was very life-depleting.  I would recommend the practice for people who feel strongly about the role of law in society and the need for good stewards of the law.

4) My colleagues who practice law appreciate doing so because . . .

Legal Highlight #11: Sheryl Sisk Schelin

Sheryl Sisk Schelin is our eleventh Legal Highlight. Schelin is a solo lawyer, consultant, writer, and blogger living and practicing in South Carolina. She writes three blogs, as a matter of fact!

Please click back to the first of the Legal Highlights to learn about the Legal Highlights process and the reason behind this idealawg feature which focuses on what is right and working well in the legal profession. Here are all the Legal Highlight interviews.

And now read on the see what this Legal Highlight has to say in response to the seven questions . . .

1) Think about your experience in the legal profession and of a specific incident or event that made you feel extremely satisfied or proud. Give a brief description of the incident or event. The reasons I felt satisfied or proud were . . .

Interestingly, it wasn't a court appearance, nor did it even take place with a client - at least, she wasn't a client at that time. It was an intake interview. The lady sitting across from me had obviously been through a lot - she was composed, but just barely. She'd been the victim of a pretty despicable bigot at her workplace, and had just been fired by the offender's wife, who also worked there. I try to let potential clients in consultations just tell me their story, without interruption, and so I let her tell me her story, from the first day she ran into this person until the day she was fired. When she was done, I asked some questions, and then we discussed her options.

But almost immediately, I saw a marked change in her appearance - she seemed calmer, steadier, somehow more at peace. As we stood to say goodbye, she said, "Thank you. It felt so good just to tell my story."  It hit me, not for the first time but in the most profound way, that this above all is what we lawyers do for the injured and for the accused - we let them tell their story. And it also occurred to me how healing that must be for these people who've felt voiceless and powerless for far too long.

2) I attended law school because . . .

Ironically, because I made an A on a test. I used to be an actor, and after a pretty traumatic event, I took a two-year break from that life. In 1992, I started thinking it was time to get back to work, but perhaps this time I'd take a more marketable skill with me. I decided being a paralegal had to beat being a waitress, so I took some courses at the local technical college. When I kept making "A"s on the exams, one of my classmates said jokingly, "You should just go to law school." So I did. While I did some thinking about it between her comment and the decision to apply, I honestly didn't think about it too much. In this respect, I was very fortunate to stumble haphazardly upon something that, as it turns out, I absolutely love. I don't recommend it necessarily, but in my case it worked out. Perhaps this is testament to the power of intuition!

3) I would recommend the practice of law because . . .

Well - I wouldn't, at least not broadly. I would recommend becoming a lawyer to anyone who loves words, hates injustice, has a hard time making up their mind because they see the appeal of both sides to a story, and has a keen curiousity and love of learning.

4) My colleagues who practice law appreciate doing so because . . .

Legal Highlight #10: Joseph E. Mockus

Joe Mockus is our tenth Legal Highlight. Mockus is a criminal defense attorney in northern California and a poet.

Please click back to the first of the Legal Highlights to learn about the Legal Highlights process and the reason behind this feature which focuses on what is right and working well in the legal profession. Here are all the Legal Highlight interviews.

And now read on the see what this Legal Highlight has to say in response to the seven questions . . .

1) Think about your recent experience in the legal profession and of a specific incident or event that made you feel extremely satisfied or proud. Give a brief description of the incident or event. The reasons I felt satisfied or proud were . . .

While much of the practice of criminal defense involves heartbreak, disappointment, and ferrying people through tragedy, it definitely provides days where one feels that you can actually help someone in need.  In my office we deal with dozens of cases every day, but this week at a sentencing where we had done a substantial amount of work, a case where state prison seemed inevitable resulted in a probationary sentence with a condition of drug treatment.  Knowing that only years of experience and “reading the room” correctly led to the result, I was pleased, and my client’s family was overjoyed.  Ten minutes later, on to the next case.

2) I attended law school because . . . 

I wanted to be a writer, and had traveled and worked at various jobs throughout my twenties until finally I felt I should explore a field where I could use some of my talents (without wearing out my body).   I went to law school in my early thirties, and had several friends who had gone before me, so it seemed “doable” and interesting.  I hedged my bets though, and went to grad school in literature at the same time during second year.

3) I would recommend the practice of law because . . .

Legal Highlight #9: Professor Martin Katz

Professor Martin Katz is our ninth Legal Highlight. Prior to teaching full time at University of Denver School of Law, Professor Katz was a partner in the employment law group at Davis, Graham & Stubbs, and a law clerk to David M. Ebel on the U.S. Court of Appeals.

Please click back to the first of the Legal Highlights to learn about the Legal Highlights process and the reason behind this feature which focuses on what is right and working well in the legal profession. Here are all the Legal Highlight interviews.

And now read on the see what this Legal Highlight has to say in response to the seven questions . . .

1) Think about your recent experience in the legal profession and of a specific incident or event that made you feel extremely satisfied or proud. Give a brief description of the incident or event. The reasons I felt satisfied or proud were . . .

I have not been in practice for 6 years.  In my practice, I am most proud of a case I took for a woman who had been sexually and racially harassed by the small-town sheriff’s department in which she worked.  Her treatment was abominable.  Moreover, when the case started, the sheriff and his lawyers managed to demonize her in the press.  We not only got her a lot of money in settlement; our case also led to the ouster of the sheriff – her primary goal.  It felt satisfying to vindicate an underdog.

2) I attended law school because . . . 

I had always wanted to go to law school.  At the time I attended, I wanted to go into business and thought that I would learn invaluable problem-solving skills.

3) I would recommend the practice of law because . . .

Legal Highlight #8: Professor Delany Dean

Professor Delany Dean is our eighth Legal Highlight. Professor Dean is a former prosecutor, now a forensic psychologist and psychology professor teaching graduate-level courses at Avila University.

Please click back to the first of the Legal Highlights to learn about the Legal Highlights process and the reason behind this feature which focuses on what is right and working well in the legal profession. Here are all the Legal Highlight interviews.

And now read on the see what this Legal Highlight has to say in response to the seven questions . . .

1) Think about your experience in the legal profession and of a specific incident or event that made you feel extremely satisfied or proud. Give a brief description of the incident or event. The reasons I felt satisfied or proud were . . .

Once I encountered an elderly woman who approached me and told me she had served on a jury in a case that I had prosecuted. She thanked me for my work, and told me that it meant a great deal to her to have served on that jury. I then realized that my work was having an impact in all sorts of ways that I didn't anticipate. I was proud to have shown her the practice of law in a way that left her with a sense of satisfaction in the way justice was conducted.

2) I attended law school because . . .

My undergraduate degree was in philosophy. Not until my senior year did I seriously think about what to do next! The Peace Corps sounded attractive in an abstract kind of way. But I looked at a few of the brochures, and it seemed to be mostly agricultural work, which did not interest me at all. Graduate school in philosophy would only have led to an academic career, which at that time also seemed very unappealing. Hence: Law School!

3) I would recommend the practice of law because . . .

Legal Highlight #7: Arnie Herz

Arnie Herz is our seventh Legal Highlight. Many of you probably know him as the creator of legal sanity, a member of the law.com family of blogs. I am looking forward to meeting Arnie in mid-December while he is here in Denver conducting some training programs at local law firms. 

Please click back to the first of the Legal Highlights to learn about the Legal Highlights process and the reason behind this feature which focuses on what is right and working well in the legal profession. Here are the interviews of all the Legal Highlights.

And now read on the see what this Legal Highlight has to say in response to the seven questions . . .

1) Think about your recent experience in the legal profession and of a specific incident or event that made you feel extremely satisfied or proud. Give a brief description of the incident or event. The reasons I felt satisfied or proud were . . .

Client was being forced out of a high profile job. He was performing extremely well but there was a personality conflict with one of the partners. Client was angry and felt victimized. He blamed the company. The company resented this attitude. Client was afraid termination would devastate his career and his morale. He had no employment agreement and the company was planning to give him only 2-3 weeks severance. My client and his wife lack any savings.

Unbeknowst to the employer, my client has been living with a life threatening illness. Also, unbeknowst to the employer, my client and his wife have spent their life savings on fertility treatments so she could get pregnant while he is still fairly healthy and before the disease progresses. My client and his wife were overwhelmed. They did not see much hope in the situation.

I was able to help my client clarify what it was he really needed in the transition from the current job. I then coached him to stand up for himself in an honest and effective way. We all agreed that it would be disengenuous to play the lawsuit threat when in reality the client was not making its decision based on his medical condition.
By stating honestly what he needed in light of his personal situation (which he disclosed to the employer) and why he deserved it based on his past performance, the Employer ended up giving him an extremely generous severance package that met his need for a transition period. The employer also gave him the ability to resign and transition to a "consulting position" so that there would be minimal impact on his future employabilty. The employer also offered to assist him find new employment either in the existing company or for someone else. Client, his wife and the Company (CEO, head of HR) felt great.

I felt satisfied because I helped the client and his wife move through a very emotional and challenging situation in a highly effective manner that served their best interests. By helping the client in this way, he was also able to foster a deeper and more meaningful relationship with his employer. Although the employer owed him nothing, they ended up giving an extremely generous severance package. (And, I am almost certain that if he played it aggressively, he would have ended up with nothing.)  Through his honesty, clarity and strength, and by not alienating the employer, the employer was able to step forward and make a significant contribution to this man's life. The employer felt great about himself and so did my client and his wife.

2) I attended law school because . . .

I wanted to be trusted, valuable and play an important role in the lives of others. After college, I traveled for four years - through Europe, Australia and India. I spent a good chunk of that time studying yoga and meditation at an ashram in rural India. Ironically, it was there that I met a number of highly successful business people and entertainers from around the world, in particular the USA. They often complained how they could not trust their lawyers or advisors and they encouraged me to go to law school so I could be their lawyer. Eventually, they became my first clients.  I think I was also influenced by my upbringing. My father is a lawyer, my three other siblings went to law school, and three of us are married to lawyers. Five of my first cousins are lawyers, plus my Uncle and a few other second cousins.  So I was not aware there were other options. It was be a lawyer or be a client. I chose lawyer.

3) I would recommend the practice of law because . . .

Legal Highlight #6: Kenneth Cloke

Kenneth Cloke is the sixth Legal Highlight. He is Director of Center for Dispute Resolution, and his newest book is The Crossroads of Conflict: A Journey into the Heart of Dispute Resolution. (Review of Cloke's book.)

Please click back to the first of the Legal Highlights to learn about the Legal Highlights process and the reason behind this feature which focuses on what is right and working well in the legal profession.

And now read on the see what this Legal Highlight has to say in response to the seven questions . . .

1) Think about your recent experience in the legal profession and of a specific incident or event that made you feel extremely satisfied or proud. Give a brief description of the incident or event. The reasons I felt satisfied or proud were . . .

My recent experiences have produced contradictory feelings.  There are things we should all feel proud of about the legal profession and, unfortunately, things we should all be ashamed of.  I think we need to be conscious of both.  I am, for example, proud of the lawyers who have opposed the extra-legal proceedings and use of what can only be called torture at Guantanamo, and ashamed that there are lawyers who still attempt to justify such proceedings. 

2) I attended law school because . . .

I attended law school because of my experiences in the civil rights and free speech movements of the 1960’s, and my sense that law could be a powerful force for equality, justice and social change.  It is less clear today that the law will support social justice, protect the environment, or come to the aid of those who lack the financial resources to hire the best advocates to advance their needs. 

3) I would recommend the practice of law because . . .

I would not recommend the practice of law without first wanting to know why the person wants to become an attorney, since there are many ways in which the practice of law can be emotionally debilitating, unnecessarily adversarial, and personally alienating.  I would, however, absolutely and without reservation recommend that attorneys learn the practice of mediation, which is emotionally satisfying, highly collaborative, and personally fulfilling, both in the short and long run. 

4) My colleagues who practice law appreciate doing so because . . .

Mostly, I think they appreciate the law because it allows them to bring much needed help to people who are suffering. 

5) The benefits lawyers contribute to society are . . .

The greatest benefits I see coming from the law today lie in the effort to build collaborative law practices which encourage attorneys to work together to assist their clients in reaching agreements with each other, rather than fighting over issues that can easily be resolved. 

6) The factors that make up the heart and the soul of law are . . .

Heart and soul are much larger than the law, and can be found within it just as they can be found in anything that is touched by human beings.  It is less that there is heart and soul in law than that law, without justice, possesses neither heart nor soul, and quickly turns bureaucratic and destructive.  What is required to produce justice, however, is precisely heart and soul. 

7) Think of a lawyer you consider a role model. The traits or values I respect or admire about him or her are . . .

The lawyer I admire most is Mohandas K. Gandhi, who wrote that the true practice of law consists not of dividing, but bringing people together who have fallen apart.  This, I believe, is where law merges with mediation, giving rise to justice. 

Legal Highlight #5: Tim Birnie

The fifth Legal Highlight is my old friend and colleague Tim Birnie. I have known Tim for over two decades. He and I taught courses together at Hastings College of the Law, co-presented a symposium at an annual meeting of the American Psychiatric Association, and participated in a two-year intensive with the Center for Mediation in Law. We also completed a ten-day psychosynthesis training with the late Harry Sloan after whom a mediation fellowship program has been named.

I saved this interview until now because November 10 is the birthday of today's Legal Highlight. Right here on idealawg, I wanted to wish him a great birthday. Happy birthday, Tim!

Please click back to the first of the Legal Highlights to learn about the Legal Highlights process and the reason behind this feature which focuses on what is right and working well in the legal profession.

And now here are the responses given by this Legal Highlight to the seven questions:

1) Think about your recent experience in the legal profession or system and think of a specific incident or event that made you feel extremely satisfied or proud. Give a brief description of the incident or event, if you would like. The reasons I felt that way were . . .

Recently, we were able to eliminate two heir search organizations and their law firms from receiving part of the probate estate of our client.  The heir-search firms had signed up five developmentally disabled adults for their services.  Three of the developmentally disabled adults were actually signed up through their conservator.  All were signed up within a week of my filing of a probate.  The heir-search firms would have received 20% of the probate estate (or approximately $100,000.00) for doing nothing…we already knew who the heirs were.  When confronted with a Court hearing to determine the reasonableness of their fees, the heir-finders folded and agreed to withdraw.

2) I attended law school because . . .

I was graduating from college and didn’t know what else to do.  Law school looked like it held a lot of future possibilities.

3) I would recommend the practice of law because . . .

I am not sure that I would recommend the practice of law.  But both of my daughters are now practicing lawyers, so I guess I have given some implicit message that it is a good profession.  There is always the possibility for me of satisfaction of problem solving and relationships with people.

4) My colleagues who practice law appreciate doing so because . . .

Legal Highlight #4 : Diane J. Levin

The fourth idealawg Legal Highlight is Diane J. Levin. Many of you probably know her as the creator of the blog Online Guide to Mediation.

Please click back to the first of the Legal Highlights to learn about the Legal Highlights process and the reason behind this feature which focuses on what is right and working well in the legal profession.

And now for the responses of today's Legal Highlight . . .

1) Think about your recent experience in the legal profession and of a specific incident or event that made you feel extremely satisfied or proud. Give a brief description of the incident or event. The reasons I felt satisfied or proud were . . .

This is going to sound funny coming from a mediator whose efforts typically keep people out of court, but I experienced a moment like this when I was summoned for jury duty a few weeks ago. 

I know a lot of people see jury duty as an annoying disruption to their daily routine (I have to confess, that was my feeling about it as well before I walked into the courthouse that morning).  I surprised myself to see the courthouse through fresh eyes—the presence of history, the solemnity of the courtroom, the weight of tradition.  I had this sense of the majesty of the law, its centuries-old roots.   

What the experience impressed upon me is the degree to which the jury trial involves ordinary people—American citizens--in civic life.  Apart from voting, it is one of the few ways that any of us gets to participate in the political process.  It involves us all intimately in the workings of justice.  It affords us all a glimpse into the heart of democracy.

2) I attended law school because . . .

I hope this doesn’t sound clichéd, but I went to law school to learn to do work that would make a positive difference in the lives of others.  During law school something happened to me that reinforced for me the importance of that goal.

At the end of my second year of law school, I was stricken by a swiftly moving and devastating illness that prevented me from returning to law school for the start of my third and final year.  Illness left me disabled—during that time the effects of disease and the toxic medications used to treat it took from me my ability to participate in legal learning and in family and community life.  I could not even take care of my son, who was a toddler at the time, without significant help.  I had to be dependent upon others.  It was one of the toughest things I’ve ever had to face. 

Illness in many ways was a great gift: it gave me an appreciation for the importance of using one’s time on earth well, a desire to do good and make a difference in the lives of others, and greater compassion for human suffering.  It also taught me not to sweat the small stuff, a lesson that definitely has come in handy over the years.

In trying to make sense of being ill, I had spent a lot of time reading philosophical and spiritual works.  A friend introduced me to Buddhism, and I became intrigued by the idea of “Right Livelihood”, the notion that we should engage in work that is ethical and honest, is based upon respect for others, and that does no harm.  Becoming a lawyer for me was consonant with those principles.  It affirmed for me that law school was the right direction for me to head in.  Following treatment with experimental drugs and finally surgery, I made a complete recovery and returned to my studies 18 months later, where I was able to continue my pursuit of these goals.

3) I would recommend the practice of law because . . .

Legal Highlight #3: Ward M. Powers

idealawg's third Legal Highlight is Ward M. Powers, creator of the independent film ONE The Movie, and of ONE The Project. Powers recently was the keynote speaker at the 2006 Annual Convention of the Arkansas Trial Lawyer's Association; his presentation was Oneness and the Law.

Please click back to the first of the Legal Highlights to learn about the Legal Highlights process and the reason behind this feature which focuses on what is right and working well in the legal profession.

Here are the responses of today's Legal Highlight Ward Powers to the seven questions:

1) Think about your recent experience in the legal profession and of a specific incident or event that made you feel extremely satisfied or proud. Give a brief description of the incident or event. The reasons I felt satisfied or proud were . . .

As a practicing civil trial attorney I have spent nearly 25 years in the adversarial process.  Almost by definition, that process is an environment in which we “hammer out” our differences as opposing forces “dig their heels in” and attempt to wear each other down to the point where one side can emerge “victorious”.

Fortunately, over the past several years of my life I have had the opportunity to become experientially familiar with any emerging energy in the world known as “oneness”.  This is nothing more complicated than the simple awareness that we are all connected - - as not just to one another as people – but to the earth, the universe and that all matter and spirit is one.

Does this sound a bit existential?  If you had asked me that question five years ago, I would certainly have said “yes”.  Now it is as familiar as breathing.

Interestingly, my personal journey along this path is chronicled in an independent film, known as ONE, The Movie.  (Go to www.onetheproject.com for more information.)  To make a long story short, I had an opportunity to meet and interview many of the world’s great spiritual leaders and ask them life’s ultimate questions over the past few years.  This experience has completely changed the paradigm through which I view the world – and so too, my practice of law.

The examples are many, but recently the workings of this new paradigm involved a personal injury matter in which I was representing a woman injured in an automobile accident.  Rather than simply obtaining the police report and medical records and aggressively attempting to overstate the ‘devastating’ impact of the injuries on my client’s life in an effort to coerce the adjuster into a sizeable settlement (as I might have done ten years ago), I employed what has proved to be a much more effective strategy.

By having the client journal about her emotions and life’s struggles and real daily life stories, putting together family photographs, a list of hobbies, and other related personal information and scheduling an in-office personal appointment with the adjuster, we spent an hour together over sandwiches and bottles of water getting to know each other and helping the adjuster come to understand as an authentic experience how this tragedy has affected a “real person’s” ability to enjoy the gift of our existence.  Even the tone of our dialogue soon became united in our purpose to honestly look at the case, the injuries, and the need for appropriate compensation – not as a hostile battle over dollars – but, as a joint effort to make sure to be fair, realistic, and prepare the work together towards honesty “doing the right thing”.

The result was an adjuster who literally went back to the company with a personal desire to make sure that she obtained sufficient authority to honestly resolve the situation.  We were able to reach a prompt settlement for much more money than a long, drawn out adversarial process would have resulted in.

Beyond this, the client was not put through a traumatic litigation process (on top of the trauma of an accident), and the adjuster also came to appreciate an entirely different way of living out her gifts and purpose in the world.  We were not divided, but we were united in a common interest to do the right thing, come to fully understand and appreciate each other’s situations and this kind of energy completely changes the way things get done in the world.

Now, that is a satisfying day at the office!

2) I attended law school because . . .

I originally started law school because it is what my father did; and, I thought I could make a nice living at it.  (As you can tell from the preceding answer – things have changed a bit.) [Read an interview of Powers and his father, about a quarter of the way down the page to which this links.]

3) I would recommend the practice of law because . . .

I would recommend the practice of law because it represents a very unique and powerful opportunity to actually make a difference in our collective experience – i.e., playing a role in a system of justice that can become much more than a battlement – but, rather a true system of reconciling and making peace with the reality of tensions that exist in a complex life.

4) My colleagues who practice law appreciate doing so because . . .