My very first blog is dedicated to my clients, past,
present, and future. You are the
bravest people I have ever met.
You are the ones on the front lines of the battlefield of workers’
rights. You are the ones who
endure the sexual propositions, the threats, and the racial slurs. And you are the very rare employees who
complain—not just to your boss or to HR, but actually take the almost
unprecedented step of seeking out an attorney and vowing to stop the
abuse.
On behalf of myself, my daughter, and my son, I thank you.
Let me make one thing clear right off the bat. Each and every one of my clients has
been discriminated against. While
we can and never should be completely certain about anything in this life, I am
99.9% sure that a corporation has broken the law with respect to my clients’
employment or we would never have taken their cases to begin with. Every single one of them deserves
justice.
But I lost a pregnancy discrimination trial in August. I haven’t lost a trial for a
long time. I had totally forgotten
how much it hurt. I felt
personally rejected by the jurors and I began to re-live the whole week, trying
to figure out what I could have or should have done differently. But it was far worse for my
client. I had urged her to have
confidence in those 12 men and women.
I had encouraged her to put her faith in them and to entrust them with
all the pain her former employer had caused her.
Then they decided against her. My client is confused. She is heartbroken. She feels betrayed all over again by the judicial system that was supposed to lead her out of the darkness where she’s been struggling into a place where justice reigns.
Then they decided against her. My client is confused. She is heartbroken. She feels betrayed all over again by the judicial system that was supposed to lead her out of the darkness where she’s been struggling into a place where justice reigns.
I am a Christian.
There’s nothing I pray so fervently as the part of the Lord’s
Prayer that says: Thy kingdom come, thy will be done on earth
as it is in heaven. I have been known to beg God
to bring his kingdom here; to make
our world a place where, as described in Amos 5:4, justice rolls down like waters and righteousness like an ever-flowing
stream.
When I win
a case, my most prevalent emotion is not euphoria at the justice sprinkling
through the air like confetti; it’s simply a relief. Because when my clients prevail, they have not really “won”
anything. They get nothing extra, nothing extraordinary.
They have just been made whole, as put back together as they can be. Relief is the most appropriate emotion
under these circumstances. All we have
done is to restore the status quo, so that the scales the lady of justice is holding are
level and even once again.
But when my
clients lose, the scales are permanently tilted against them. Everything is out of whack. They have to live the rest of their
lives in a universe where the guilty celebrate and the blameless are left to suffer all
the consequences of illegal acts.
I cannot
presume to know what could possibly be of comfort to my client right now. There is no doubt that the passing of
time will make the hurt less intense.
But that means jack to someone for whom time has not yet passed.
Almost every
single client I’ve ever had says she decided to come forward and file a
lawsuit not just to benefit herself, but to try and keep this terrible thing
from happening to someone else. And
everyone who steps up and fights for their civil rights does make a
difference. Even those who
lose. Maybe especially those who
lose. How many Rosa Parks were
just thrown off the bus or thrown in jail before our Rosa Parks sparked a revolution? Were they not just as brave and
mighty? How many suffragettes were
beaten in jail and died never knowing that their younger sisters would proudly
cast votes because they had forged the trail that would lead to the 19th Amendment?
I.F. Stone was a twentieth-century journalist who said:
I.F. Stone was a twentieth-century journalist who said:
“The only kinds of fights worth fighting are those you
are going to lose, because somebody has to fight them and lose and lose and
lose until someday, somebody who believes as you do wins. In order for
somebody to win an important, major fight 100 years hence, a lot of other
people have got to be willing—for the sheer fun and joy of it—to go right ahead
and fight, knowing you’re going to lose.”
So, my dear Alissa, we did not lose. We were
merely paving the path to justice for the ones who will come after us. I'm so proud of you.