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Tilting At Orthodoxy

I was more than a little surprised when the invitation came in to join this page.  In general, I don’t play well with others. For reasons having everything to do with a tender psyche, I am most often a loner.  The instinct to attack and provoke is one I indulge too often. So I am not sure what to make of the decision to take the plunge here.

But I am here. Why?

An opinion arrived in the mail the other day. I  won a case involving potential discipline of a lawyer who worked as retained counsel for Allstate. The fellow is much hated by the plaintiffs’ bar.  It felt good to oppose the self-righteous. It always does.

I feel at home on the away side of the “v.” This recent decision  reminded me of the time I represented an unpopular prosecutor who was accused of tampering with a witness. Fellow members of the criminal defense bar were incredulous. How could I represent such a man!?

I’ve thought about how I make decisions on whom to represent for a long time, and I recently came to peace about it. I suppose this is as good a topic as any through which to introduce myself to readers of this page.

I am persuaded that any time a group of folks get together some version of orthodoxy will arise. Orthodox simply means straight opinion. It is the group or party line, that collection of beliefs, mores and rules held by the majority. Orthodoxy most often becomes binding.

I prefer standing by the side of the ostracized party, whether it be in the criminal courts or in the courts of public opinion. Whether the group is right of wrong in any cosmic sense matters not all to me. What matters is the right to breathe free and unencumbered by visions of the good imposed from without. A group is a very, very dangerous thing: It takes but little to energize folks into a mob.

So I joyfully represent those accused of all sorts of crimes and transgressions, whether they be folks with long records, or police officers and prosecutors. The best thing about the criminal law, it seems to me, is the hellbent struggle to make sure that rules of law are fully alive for the least among us. No one is simply the sum of their worst moments.

So there you have it. I am here. And I haven’t even picked a fight yet, although, with so many distinguised colleagues sharing this forum, odds are I will find some orthodox windmill at which to tilt. It’s just a matter of time.

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