Pulling open the heavy oak door Stephen stepped into
Courtroom 412. No one else was there
except the court clerk, who busied herself getting ready for the morning trial. Although he could no longer smell, he
remembered the musty odor that came from decades of dust and seeped out of lingering
sweat stains on the arms of the red leather chairs. Despite being traditional and formal by today’s
standards, the oak paneled room gave Stephen a reminiscent sense of calm as he
began to set out his binders of legal briefs, cases, affidavits and documents
on the counsel table in front of the judge’s dais. Whatever the middle-aged lawyer personally thought
about any particular judge, judicial respect was demanded by forcing him, even
when standing at the lectern that sat in the middle of the counsel table, to
look up at least 33° to look the judge in the eye. As opposed to some of the newer courtrooms,
number 412 exuded reverence and respect, as if justice lived there.
But the silence was broken as opposing counsel yanked open
the door and strode into the courtroom oozing confidence. Richard was one of those “hail fellow well
met” lawyers who had a strong handshake, smiled knowingly at his opponents,
exchanged pleasantries with everyone easily and laughed more often than seemed
necessary. Immediately upon seeing him,
Stephen’s right side began to shake uncontrollably. The comfortable confidence he had enjoyed
just moments before vanished like a frightened child, hiding no doubt under the
clerk’s desk or behind the prisoner’s dock.
“Hello, Richard” Stephen said in the boldest voice he could manage. The two courtroom combatants shook hands, but
Stephen could not help but notice Richard gazing at Stephen’s right hand. Pulling away, Stephen explained nonchalantly,
“My meds don’t seem to have kicked in this morning yet.” He winced as he gave words to his weakness. “Not a problem. ” Richard said, half laughing, “We all have
bad days.”
Stephen’s mind, and the wall of legal training he had over
the years so carefully built around it, suddenly seemed incredibly vulnerable. He felt fearful, like it was he who was on
trial. He was arguing for his own not
his client’s credibility. Self-doubt
chopped away at the fortified conclusions he had so rigorously formed over the
past weeks of research and preparation. Suddenly,
he was incredibly tired. He just wanted
the trial to be over. Parkinson’s
disease was defeating him.
But giving up was not an option; not for Stephen and
certainly not for his client. He had
over 20 years of courtroom experience.
He had been successful and PD was not going to take that away from him. He had known fear before and stared it down,
refusing to blink. But that was before
Parkinson’s, like some unwelcome guest, had taken up residence in his body and
mind. It seemed to ridicule him, cause
him to stumble, to forget words and spill things, taunting him during the many sleepless
nights.
“Order in court” the court clerk barked, announcing the
entry of the judge. “No escape now”,
Stephen thought, as he noticed he was sweating more than normal. “Ironic”, he thought, given his slogan, “Never
let them see you sweat”. He reached for
the glass of water in front of him on the counsel table but stopped before reaching
it, imagining the embarrassment of spilling its contents all over is nicely
bound legal argument. “My lord, I
believe I am on page 52 of my written submissions”, Stephen started in.
By the noon break, Stephen was exhausted. Perhaps he should have reviewed his remaining
submissions, considered the questions that the judge had thrown at him or developed
responses to the objections Richard had made, popping up from his chair as if
launched off a springboard. Instead,
Stephen retreated to his vehicle parked in the underground parkade and slept
for a half-hour before returning to the battle in the courtroom.
It was Parkinson’s that was on trial. And like most trials, there would be brief
moments of excitement when it seemed one was making headway against the sneering
enemy. But there would also be deflating
times when one realized that ground was being lost to the undaunted disease.
A long time ago I learned that good legal counsel don’t just
take cases that are “winners”. There is
limited skill or merit in that. Skillful
lawyers fight the battles that need to be fought. Those cases are rarely easy. In fact, even with great legal skill and
courage, they are more likely to be lost than won. But where would we be if lawyers only took
the easy winners. Perhaps it is taking
the tough cases, the ones that sometimes seem hopeless, the ones that demand a
lot of you that make you worthy of your calling.
No comments:
Post a Comment