ILNews

Hebenstreit: Witnessing the Unimaginable

Back to TopCommentsE-mailPrintBookmark and Share

IBA-hebenstreitSometimes, world events are just too much to ignore. We were out of the country when the First Act of the Japan crisis unfolded and heard about it second hand and late. Not too many areas can withstand a 9.0 earthquake and get back to normal life quickly. But then the cruel Act 2 occurred. It is hard for me to understand the difference between a tidal wave and a tsunami, but for those involved, it probably does not matter much. Watching those boats, cars, and buses just being swept away like small corks in a stream was a pretty chilling realization of the power of nature – nature that with all the technology we have, no one can figure out how to predict or control. Then Act 3 occurred – a nuclear situation as bad as Three Mile Island and Chernobyl. What next?? What possibly can happen to punish the Japanese population anymore?

Who really knows what the ultimate figures will be, but the current numbers indicate that over ½ million Japanese are without homes, and over 1 million are without water. Those near the Fukushima nuclear plant have to stay in their houses with duct tape over the windows. I am old enough to remember the Civil Defense issues of the cold war. Teachers had us practice drills in case of nuclear holocaust, and houses and public buildings were equipped with fallout shelters complete with fresh air and food systems. We thought those were a thing of the past until Fukushima.

One of the things that has really hit me is that these folks are just like us. I hate to sound callous, but the tsunami that hit Thailand several years ago was terrible, but it was hard to relate to. It hit pretty much rural areas. The Japanese situation hit cities like Indianapolis. The news has reported that Matsushima, Japan was a beautiful resort town similar to Big Sur or Cape Cod. Now, it is a heap of rubble. The only things standing are the pine trees from which it drew its beauty. Amazing what Mother Nature can destroy, and what it does not.

It is hard for me to even imagine having my home float away along with my car and all of the family furniture, photos and memories. What do you do with 24 hours if you have no job, or can’t get there because the trains are not running, or if you are lucky enough to still have a car, there is no gas to purchase? How do you generate income? But does it matter because even if you have money, the electricity won’t power up the ATM machines and there is no inventory at the store to buy. Pretty unfathomable.

But natural disaster can happen, even in Indiana. Do you remember that Final Four night when the winds reduced the Regions Tower to a shell? Windows were torn out and debris was everywhere. My office was on the 20th Floor of the Gold Building. I looked out my window and saw white papers on the rooftops of every building as well as just on the streets. It occurred to me that what I was looking at was in actuality the tax returns of clients or the evidence that was to be introduced at a trial that week. Yes, it can happen in the heartland.

The Hackman, Hulett & Cracraft firm was one of the hardest hit. Their offices were on the 24h floor. Mike Cracraft’s corner office had windows blown away, but the contract and marker he had been working on the day before the disaster were still on his desk. Mother Nature is fickle. According to Dave Bodle, what saved the firm was that they were able to retrieve their computer server and access their information remotely. Now, the firm has an offsite server just in case. Dave credits the management of the Regions Tower with clear thinking and good strategy to allow tenants to retrieve their important systems as quickly as possible. Maybe we should all create a disaster plan just in case.

We all live our lives day to day. Each day we attend to the matters before us as if they are the most important in the world – and they are. Legal problems are the most important issues our clients face. They are not familiar with the system and rely on us to help them navigate the legal system and to solve their problems. But as disasters like the Japanese situation occur, we need to stop for a minute to reflect on just how lucky we are. Sure, we all probably complain that the Judge just was not listening when we argued our best points. Or maybe our partners were not paying attention when we discussed the way to make our firm more profitable. But we at least have homes, offices, electricity and the ability to carry on somewhat normal day to day life. Things we take for granted, but things for which we should be very grateful.

Let’s take a minute to reflect about exactly how lucky we are and pray for those who seemingly have nothing but heartache and misery ahead. •

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

ADVERTISEMENT