A friend of mine

I made this card for the widow and children of a friend of mine who just died of liver failure. He was only in his early 40's. I'm sure he had no idea that this could happen - at least not so soon. None of us ever thinks it will happen 'till much later. Surely we'll be able to keep on having a great time and only have to leave when we're ready. My friend was an awesome guy. Smart, hardworking, cheerful, and friendly. He dearly loved his wife and kids. I don't know how they are going to get by now - there's not enough money - there's not enough of anything.

Anyway, I used quilling techniques to make this card. I really hope my friend's wife likes it.

The Memo

GETTING (AND READING) THE MEMO
DECEMBER 1, 2009

Long ago, I represented an operating room (O.R.) technician who had been fired from her hospital job. Her duties required her to count needles, other “sharps,” and sponges used during surgery. She needed to count the ones brought into the operating field and be sure that the same number left the field before the patient was sewed up. A patient who is sent home with a spare needle or sponge would have a whopping claim against the hospital.

Because my client was slightly dyslexic, several needles and sponges had escaped her notice. As I looked over the Notice of Termination, I realized that the hospital had not fired her for her miscounts. It fired her for failing to follow hospital policy regarding sponge/needle counts. I immediately had the hospital send me a copy of that policy.

When I asked my client to tell me the provisions of the policy, she went into an elaborate discussion. She said that there were different policies for different procedures. One policy governed abdominal surgery. Another addressed delicate ear, nose, and throat surgery. In all, she reported four applicable policies. Yet, the hospital had submitted only one generalized policy.

At the hearing, I called the head O.R. nurse as a witness. I asked her to describe the policy governing sponge, sharp, and needle counts. She went into the same elaborate discussion that my client had recited. She had never seen the policy the hospital had submitted before trial. I argued that it was irrational for the hospital to fire my client for not knowing the policy when the head O.R. nurse didn’t know the policy.

I myself have been the victim of not knowing important policies. Raised as a Methodist, I decided that, like my parents, I would take my children to the church and raise them in the faith. Traditionally, the church allowed only members to participate in communion. However, when my daughter was about four or five, someone in the church decided to change the policy and allow everyone to participate in communion. I’m sure I didn’t get the memo.

At the next communion service, the minister announced the new policy. I was a little worried. I had never taken the time to explain communion to the kids. I didn’t know how Jenny would react. Nevertheless, it soon became our turn to approach the chancel rail for communion. Rather than embarrass the family by refusing to go up, I took my little girl by the hand and guided her to a place at the rail. I instructed her to kneel on the cushion beside me.

The minister approached, solemnly intoning as he passed out a wafer, “This is the body of Christ.” Jenny looked shocked and backed away. I whispered, “He’s only kidding. It’s OK.” She hesitated. In her short life, she hadn’t known ministers to clown around but - trusting me - she took the wafer.

Before I could figure out what to do next, the preacher approached her with a glass of red juice saying, “This is the blood of Christ, poured out for you.”

This was too much for the child, who shrieked and, in pushing the cup away, spilled the juice on the obviously expensive, white cloth on the rail.

As her mother, I know I should have been loving, supportive, and compassionate. So, as I turned to my only daughter, I said, “Well you’ve done it now. We’re totally ruined. You’ve spilled the blood of Christ. We may as well go home.” I helped her up and headed to the car.

Although I tried to make it right at home, it took a few years before she would drink out of a glass. Her avoidance of red juices finally cleared up before she went to college. And she’s no longer afraid of communion. She even considered a career as a minister while she was at Davidson College. She copes by telling everyone that I was the one who knocked over the wine.

Life would have been so much better, if I’d only gotten the memo.

I hope your holidays are awesome.

AT&T Strikes Again

Having just read the new AT&T high speed internet contract emailed to me, I called to cancel their service. Two parts of the contract bothered me. First, they can change the contract at any time at will. I can't. If I could, we would have had no problem. My first change would have been that all AT&T services are free of charge. My next change would have been that only I can change our contract. Second, all disputes are litigated in California. While, it's a nice place, it's a bit far to go from North Carolina. The AT&T operator assured me that I didn't need to worry about the contract as all disputes were settled by phone. Having sued AT&T in the past, I knew better. When I told her I was a lawyer, she said "Oh. I'll cancel your service today."

THANKFUL FOR A GOVERNMENT OF LAWS, NOT OF MEN

Like many of you, I’ve been watching Governor Easley defend himself against charges of using his office for personal gain. While it was sad to see yet another trusted leader lose face, I could not help but be deeply grateful to live in a country where even the powerful must obey the law.

Plato and Aristotle taught that “no man is above the law.” In 1215, King John signed the Magna Carta, subjecting all British kings to the law. Since then, the “rule of law” has formed the basis of Anglo-American government.

Blackstone, one of the foremost legal scholars of all time, wrote that the “original contract of society” is the foundation of all law. This contract requires the community to guard the rights of each individual. In exchange, each of us must submit to the laws of the land.

In an employment law case that dragged on for nine years, I represented a woman who had been illegally fired from her job with a county Department of Social Services. The case began with appeals to the county, traveled to the State Personnel Commission, and then to Superior Court. During each phase of the case, I knew that the defendants held the political advantage. I also knew that elected judges and people appointed by politicians would decide this case.

After we won in Superior Court, the defendants appealed to our Court of Appeals. There, they had the North Carolina Association of County Commissioners file a “friend of the court” brief. This organization is one of the most politically powerful organizations in our State. I worried that the Court would bow to their political power. I tried to explain to my client why her case was in danger, but she never lost faith. A year later, the Court of Appeals ruled in her favor.

Yet, the case was not over. The Court had ruled that the County illegally fired my client and ordered the County to pay her back wages and attorney fees. It sent the case back for a determination of the amount of wages and fees. The County fought hard to minimize the damages, arguing that my client had not tried to find work after it illegally fired her. Again the case bounced around from the County to the State Personnel Commission to the Courts.

While we were in court, the County politicians busily lobbied our General Assembly to change the laws that formed the basis of our case. Bowing to their demands, the Legislature amended the laws and restricted public employees’ rights to protect their jobs. Fortunately, the Legislature had no power to make the amendment retroactive.

The County lost again before the Commission and in Superior Court. We found ourselves back at the Court of Appeals. This time, the defendant added the State Legislature to its arsenal of political weapons. Pointing to its legislative support, the defense urged the Court to rule against us.
Again, I feared the worst. While I worried, my client kept the faith. She continually assured me that we would win.

And win we did. The Court of Appeals again ruled in our favor. Nevertheless, the County continued its fight, requiring one more hearing before the Personnel Commission. At that hearing, the Commission ordered the County to “pay up or else.” Finally – nine years after it began – my client received payment for the wrongs done to her.

Our Court of Appeals respected the rights of one woman in face of opposition from the most politically powerful organizations in our State. I marveled that the “rule of law” remained alive and well in North Carolina. In our courts, all men and women are entitled to the protection of the law -no matter how much political power the defendants possess. For that we should all be grateful.