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Blomquist: No Joke — Let’s Take Care of the Lawyers

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blomquist-kerryA dear non-lawyer friend of mine recently gave me a joke book about lawyers.1 If you’re like me you have received such a gift before and you smile, nod your head, chuckle at the gesture, and relegate the book to being a bathroom staple until your conscience allows you to throw it away.

Inside you are thinking “Really? Changing lawyers is like changing decks on the Titanic? I hate this kind of tripe.” After all, I belong to an ancient and honorable profession. The profession of Abraham Lincoln, Thurgood Marshall, Ruth Bader Ginsburg, Mahatma Gandhi, and somebody’s cousin named Vinnie. People who know less of Shakespeare than they think delight in invoking him by saying “first kill all the lawyers,” when, in actuality, the Bard’s point was that if a tyrant wants to avoid challenge or accountability, getting rid of the lawyers would be a useful strategy—making that line a shout out from the Bard himself.

Nevertheless, right now we seem to be in a historical cycle when lawyers are not generally held in high esteem, and frankly, this irritates the daylights out of me for two reasons:

1. It is undeserved. For centuries lawyers have been the champions of the liberties that protect us all, including the depraved, the guilty and the wrongfully accused. What began as the moral code of biblical times has evolved into the property issues of a post-Imperial Europe, the contracts between individuals with newfound freedoms and the protection of individuals from wrongful acts. I need not remind this audience that our good work has resulted in safer workplaces, justice for marginalized populations, cleaner food and water, and safer products for our families. Lawyers have been, and continue to be, progressives in social change.

2. This negative perception of lawyers is damaging my profession and frankly my friends and colleagues. Studies show that lawyers, when being held in public low esteem often react by holding themselves in private low esteem. And lets face it: we belong to a profession that asks people to bring us their problems, and not the easy ones at that. A typical client is often unhappy about having the problem and unhappy about having to pay a lawyer to take care of the problem. We are trained to focus on logic and set aside emotion, which may be good for detached examination of a legal issue, but it is probably not the best method for dealing with personal stress. The results are both tragic and predictable. Death by suicide among lawyers is six times that of the general population. If you don’t know of a colleague who has wrestled with substance abuse or depression, you are either in denial or a tax lawyer.2

I reached out to Loretta Oleksy, attorney and clinical case manager at the Indiana Judges & Lawyers Assistance Program (JLAP) and she captured my attention right away by noting that our adversarial system adds a dimension not found in many other professions. Let’s face it, a surgeon may be under stress while operating on a patient, but there isn’t an equally skilled surgeon in the operating room trying to kill the patient at the same time.

Loretta noted to me that JLAP certainly helps practitioners with substance abuse and depression issues but it also helps sufferers of compassion fatigue: the cumulative physical, emotional and spiritual exhaustion that results from emotionally demanding work situations. Common signs of compassion fatigue include sleep disruption, feeling overwhelmed, increased anxiety and too often adopting clients’ stress as your stress.

So now I know. In the Land of Compassion Fatigue, I am their undoubted Queen.

The good news is that Loretta also gave me some marching orders—compassion fatigue is preventable and certainly treatable:

Sleep. Really. Seven to nine hours a night.

Follow a regular exercise regimen. It’s spring. Take a walk at lunch! Hint: Exercise helps you sleep better too.

Set boundaries. We rarely do our best work at 11 p.m.

Unplug. I know this is increasingly difficult but stop sending the message that you are ALWAYS reachable. You don’t have to be.

Laugh. It is the best medicine.

Good nutrition is key but don’t go crazy. Never completely eliminate chocolate if it can be avoided because, in my opinion, it is the source of all things good.

Finally, remember, JLAP is here to help and support judges, lawyers, and law students who are dealing with all issues that affect our quality of life and/or our ability to practice law. All contact is completely confidential.

And about the lawyer jokes? I remain annoyed on behalf of the profession that brought you the mythical Denny Crane, who would undoubtedly say: “If you think lawyer jokes are funny, next time you’re in a jam, call a comedian.”•

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  1. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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