Indefensible

What does a Long Island divorce lawyer have in common with a Bronx criminal defense lawyer? The answer is: Their shared disenchantment with justice in the American judicial system.

I just finished reading the book "Indefensible" by Author and creator of the television show "Raising the Bar" David Feige. I would love to take credit for discovering David but in actuality it was he who "discovered" me so to speak. David read a comment I wrote on a blog called "Blond Justice" where I described an amazing on the record directive by a judge to a child not to watch a particular television show. It just so happened that show was David's creation and he wrote to me asking for details. Hence, we chatted a bit and I ordered his book which I just got the chance to finish during the holiday "break." I managed to finish the book in about 2 days and understand why it has been considered controversial. David uses actual names of judges, something I avoided in my own book and talks about actual cases where the outcomes were sometimes unbelievable let alone unjust.

Although I have never practiced in the Bronx Criminal Courts I have had occasion to be before the judges in the Bronx Supreme as well as judges in just about every borough row. Now suffice it to say I stay locally but the characteristics David describes in this book relating to the judiciary in the Bronx can just as easily be applied to the judiciary on the Island.

I too have left the court house on some days and literally cried in my car on the way back to my office over a miscarriage of justice which was perpetrated before my own eyes. I have been present when a judge offhandedly removed custody from one parent who had been the sole custodial parent for over 10 years because she felt that the attorney handling the case as well as the parent were somehow disrespectful to her honor and felt the need to show some judicial supremacy regardless of the damage which would be done to the children involved. I have witnessed judges literally ruin lives of clients financially with over burdensome support orders which could never be paid causing unjust enrichment to one party and the complete financial destruction of the other. I have seen stay at home moms vilified by their monied spouses because they could afford to out spend and out lawyer these women and judges tired and uninterested seeing these "Fathers of the Year" as the better parent even if it means a nanny will be mothering the children instead of the child's own mother who is readily available in the name of judicial neutrality on the issue of parenting.
Many times I have bit my lip and tongue until almost bloody in order to avoid being handcuffed in the courtroom following the ranting of judge who knew nothing of the law but chose instead to lecture me in a manner reminiscent of a school mar me. I too have smiled stiffly at the patronizing and nasty court officer or clerk who had the power to place my case at the bottom of a pile effectively ruining my day and ability to earn a living.
I have lived on commissary pretzels during trials and gained worry pounds over decisions whose outcomes I could have never predicted. Like David, I am able to gage most of the judges I now appear before and usually, tell whether or not a particular judge will see a particular argument favorably. Other times it is the roll of the dice.
One thing I think David and I heartily agree upon....to the average citizen: If you can avoid the judicial system do it. Do not seek justice in the halls of justice, you will be greatly disappointed.
Read "Indefensible" it is a good read.