Thursday, August 20, 2009

On Your Mark, Get Set, ......

Dear reader I entitled this post On Your Mark, Get Set... for me more than for you or to even be a little clever. Rather as a goad or whip for myself, I know what I have to do, I just have to do it. It can be get set go, or it can be get set run around in ever decreasing circles. This is a reminder to myself not only to get moving but to be effective.

It is hard to prove you are of good character, where do you start, so I will continue when I have something to write about. I know I am of good character the problem is how do you prove it on the balance of probabilities, think about it, who do you know that can definitively say you are a good person other than those that that love you and as such have little weight in such a hearing.

Well here we go, after some discussions with various colleagues and one paralegal that has gone through the process I am about to start. First letters to as many counsel, judges and agents as I can in the hopes of obtaining their recommendations as to my competence, demeanour in court, and hopefully good character, then letters to as many past and present clients as I can again hopefully to get recommendations as to my handling of their matter, my client management and my character, then some personal letters from friends and family that while they will not hold allot of weight may give the panel a rounded view of my present life. I will then have to see if I can get anyone to attend at any eventual hearing, which may be tough not only due to the fact that these people are very busy but also due to the fact that I have yet to meet anyone that wants become directly involved in this type of hearing no matter how strongly they feel about the subject. I firmly believe that is why most complaints to the society do come from the public and not counsel, they just do not want to get involved with the process. Anyway that is the plan for this week, preliminary I know, but a start, as they say a journey of a thousand miles starts with a single step.

It is Sunday and I am continuing on my journey by preparing the many requests for recommendations. Yesterday Chrystal and I had a long discussion about the upcoming hearing, she was a little ticked off that we yet again had to go through this type of process, that I again had to prove myself and that our family once more had to deal with the stresses of the ghosts from the past. While I must admit that despite my understanding of the reasons why, emotionally I have the same questions and wonder when this is going to be over, when I can take a step forward or even make a mistake without the events in the west colouring the perceptions of those around me. As I said earlier in this blog I guess the answer is never. This may seem unfair but reality is not always fair, it just is and I would suggest that anyone that finds themselves in the same position as I should understand this and not let it defeat you.

I was asked by the society investigator how I felt about what happened in the west, was I remorseful. I told him yes, that I think about all the time, that almost a week doesn't go by that I do not think about the pain I caused my clients and those around me because not only do I feel badly about it generally but I am never allowed to forget it. If it is not something like this investigation, or a comment from opposing counsel or someone I am acting against, it is found in the fact that because of all of the past problems I have to try to be that much better at my job, that much more transparent in my actions and not only honest but be able to prove my honesty to those that would question it. The frustration arises in the fact that whether I am successful or not in doing the above it means nothing when the single mention of the problems brings everything back and I must start again. The important thing dear reader is that I do start again that I continue on not only for myself which is important but to try and show that the past problems arising from the depression did not beat me and will not no matter how many times I have to start again. The importance of and I believe dignity in this constant movement forward can I think be best illustrated by a colleague that I speak to on occasion who was disbarred almost 30 years ago. He is a paralegal now and we have dealt with each other in the courts for years. He is a good man and works very hard for his clients and has rebuilt his life despite trials and punishments much worse than those suffered by me. He has served the public and has become such a respected member of the community that he was asked to run for a municipal counsel position. After alot of consideration but with a desire to serve he put his name forward as a candidate. Immediately after doing so the local paper ran an article disclosing his 30 year old disbarment, of course his election bid ended before it began. In this article there was no mention of his accomplishments over the past thirty years, his service to the profession, his redemption or rehabilitation, just the suggestion that he was dishonest without discussion or I think even any knowledge of the facts that led him to his mistakes. This event of course hurt and disappointed him but he accepted it as a logical if unfortunate consequence of his past actions and kept on moving forward in his life.

In discussing this event with him I told him that I understood his feelings of frustration at this type of thing, he said, as I was disbarred he could see how I would know what he was talking about and his feelings. I had to smile and I told him that I was not in fact disbarred which surprised him because from what he had heard it was considered to be general knowledge amongst the local bar and bench, this is after 10 years of my appearing before the court and not ever hiding my past. After I told him what had really happened we both just smiled at our mutual understanding and common experience, both agreeing that no matter how much time passes things will not change and the scars cannot be removed, you just have to move on tyring no matter how vainly to tip the scales of reputation to at least balance out the weight of past transgressions.

In reviewing the above paragraphs I do not want to suggest to any reader that this apparent endless struggle to push the boulder up the mountain is not worth it. In thinking about the plight of Sisyphus I think I can now say with some authority that the virtue is not in the getting the boulder to the top of the mountain but in the willingness to keep pushing. Dear reader if you are going through a depression or tyring to recover from it or have recovered from it and facing similar frustrations to those of my colleague and I, the greatest success you can have is the knowledge that you can and will keep going no matter what, not for the sake of public redemption but to reach a point that you can forgive yourself and see yourself as the person you wish others would see.

Again the journey is not for public redemption but for personal redemption, you must realize that if you were canonized as a saint the papers would say, disgraced lawyer becomes saint, the thing to remember is that all saints didn't start out that way and martyrdom is not a job requirement.