Thursday, April 24, 2008

The End of an Era...or Something

I have finished all classes I will ever take while in law school today, and it feels great, if not a little anticlimactic.

It's strange to think that all of the knowledge that law school provides has been given to me, and now it's my job to figure out what to do with it. It's strange to think that I won't be returning to school next fall, I'll be beginning my professional career. And it's strange to think that so many of my friends will be dispersing throughout the U.S. in the next few weeks and months.

I've said this before, and I continue to feel this way, I like the endings of things almost as much as the beginnings. There is a great sense of accomplishment in closing the book on a very formidable experience and moving forward to something different, possibly better, but certainly challenging.

This has been a remarkable 3 years. I've met some of the greatest people in the world, I've lived and worked in a refugee camp on the border of Somalia, studied in London, questioned myself, fell in love with a boy, have been challenged intellectually, sat in a room with one of the most well known Supreme Court Justice's, represented my first client, was betrayed by my first client, lost the love of the boy because of my own bad decisions, found a mentor, landed a job, worked with Darfurian rebels on their negotiation skills, and found my voice.

I'm proud of myself. And I feel great about this accomplishment.

Tuesday, April 15, 2008

Forgiveness

Forgiveness is a tricky beast. We all want to forgive things and people in our lives, but I think most people secretly harbor things inside them that they've resolved to forgive. A friend, co-worker, confidant, significant other, parent, whomever.

I got an email from my former client last night asking for forgiveness. It was an emotional email--clearly written with emotion, but also evoking emotion from me. She asked for forgiveness, thanked us, told us she would never forget us, that we were always going to be part of her family. She said that she didn't understand, before this, the impact keeping a detail like the one she kept from us would have on her and her life and her relationship with us. She asked for forgiveness again, at the end of the email.

This is something my partner and I have been struggling with. It's like the demise of any relationship, people naturally seek closure. It can be said that we had closure in our final meeting with them, when we withdrew from further representation--and that's true. We had professional closure. But we did not find the personal closure that I think is necessary for my partner and me being the kind of people we are.

There's this great song by one of my favorites called "The Mercy of the Fallen", and I can't help but listen to it repeatedly while thinking of the concept of forgiveness applied to my client. I think what's keeping me from an instantaneous reply to the email I was sent is an unclear sense of how I want to forgive. This is a different situation than I've ever been in, and I think this circumstance calls for something other than a mere "I forgive you".

The truth is, I DO forgive her. I actually wonder if there is anything to forgive. Can I blame a young woman for her desperation? Can I blame her for making a mistake? Can I blame her for a choice she made that turned out to be the wrong one? I think I can be angry and hurt, I can feel a sense of betrayal, but if I were in her position, I have to wonder if I would have done the same.

I was raised by my wise and forgiving and wonderful parents in the Episcopalian church. I went to Sunday school every Sunday, I attended church afterwards with my family, we participated in the seasonal events in our church. But then the most remarkable thing happened: I left for high school at a boarding school just across from our state. And I discovered other religions, and I began to question the one I was raised in. My parents did not balk at this, they did not chastise me, or show disappointment. Instead, they encouraged me. They encouraged me to learn, study, believe in what I found truth, light, solace and comfort in, even if it was not found in the church in which I was raised.

And what I found was the common thread of forgiveness and truth. I found the same kind of peace that any religion provides. And I made the independent choice to believe in something more informal than any one religion or any one book. I began to believe in humanity and individuals. I began to believe in my own power as an individual to make good and conscious decisions. And I always believed in the power of forgiveness.

I remember the first time I really lied to my father. I was 8 or 9. I told a lie, I don't remember what it was, but it caused me to be filled with guilt. I remember lying in my bed in my yellow and white striped bedroom and crying. I went downstairs to the kitchen where my parents sat discussing the kinds of things they discussed, and I, tearily and dramatically, told my father my lie. He did not chastise, he did not yell. He did not remain angry. He did not walk away from me. He forgave me, easily and honestly, and gave me a hug only fathers can give, and he continued to love me.

Certainly, the current situation in which I find myself is not the same as the lie I told my father as a child. But shouldn't the response be the same? If we cannot embrace individuals, humans, friends, after a lie, won't we end up somewhat lonely and suspicious? Isn't truth and comfort found in our ability to forgive?

I think I will continue to contemplate this. I might contemplate this in the most serene place I can think of in Washington DC this Sunday--the most gorgeous cathedral that overlooks this fair town. I have not made peace yet with the events of the last 5 days, but I need to. I think inside I forgive my former client, my former friend. And I know I need to forgive on the outside, and I need to tell her that.

Our lives remarkably complex. There are things in my life that I hold onto, that no one can see, that dictate choices I make. Some of those choices are noble and good, sometimes they're self serving and greedy. I cannot force blame, or anger, or ill will on this young woman, who was trying to find something better. I don't believe she came into this actively wanting to decieve us, to hurt us, to make us question the very beliefs we hold. I think she was desperate, and sad, and looking for something, searching for something better. And in the end, I not only can understand that, but I can forgive her for that.

I just need to discover how, and I am confident I will.

Sunday, April 13, 2008

Reality

Thursday, April 10, 2008:

My dad arrived this afternoon for a 2 day visit revolving around my very first hearing for my very first client in my professional career. My partner and I feel great--everything is in its place, all papers filed, completed, rehearsed. I've finished my 17 minute closing statement, added the finishing touches, and just finished rehearsing it for the last time until we're in court tomorrow and I actually give it in support of my client. It's emotional at times, there are paragraphs that are harder to get through than the ones that outline the pure law that's applicable to the case at hand.

My client is ready--she's nervous, we're all nervous--but it's the good kind of nervous, the kind that comes when you understand the gravity of the case at hand, when you realize that a 4 hour hearing will dictate the path of not only your life, but your infant child's as well. When you prepare to tell, in entirety, your entire history, filled with horror and sadness, struggle, and constant running.

We're ready--we've worked so damn hard in the last 3 months. We have done every single thing we can to make sure no stone is unturned, statements are compiled, research is done. I've spent more nights awake and at school in the last month than I have ever spent in my entire 12 years of schooling--but for something that is good and true, something I believe in, someone I believe in.

I sat in the 70 degree sunshine with my partner this afternoon and we talked about how lucky we were to have to the client we have--we talked about wanting to remain in their lives even after this hearing, watching the baby grow up, supporting them in their endeavors. We talked about the possibility of walking away from this with a win in our first case.

I'm excited. This is the kick-off of what I hope to be a long career after law school working for causes and individuals who I believe in, helping folks raise their voices, and allowing myself to be awed and inspired by individual stories of people who have lived lives far different from mine.

I feel good about what will happen, and where we will be in 14 hours. I am filled with hope.

Friday, April 11, 2008:

I don't know where to begin. I don't know where to end, or where it did end. I am still unclear as to how our work was unravelled so quickly, how our case violently departed from the path it had been on, how one person who we have come to trust and care about could deceive us so fully.

The judge in the case was supposed to be the wild card. My clinic had never had a case before him, and we had not been able to see him in action over the semester. Immigration judges vary in their...professionalism. There are some who treat the process as it should be treated: with respect for people coming before them, they're balanced and the process works as it should. There are A LOT of immigration judges who are the opposite. They decide cases before they hear them, they lack sensitivity, they lose sight of the fact individuals are sitting before them, and dehuanize the process.

The judge in the case turned out to be remarkable--he was kind--he was tough, but he was kind--he was professional, he treated our client with the utmost respect and dignity. He was soft spoken and while he was intimidation, it was not as a result of what he projected, but rather because of the position he filled. He treated my partner and me with respect, knowing this was the first time we had represented anyone in a court of law.

The preliminary matters were taken care of swiftly--we won some of the matters, we lost some, but we made great arguments and we hit a stride of comfort. The nervousness dissolved and we became comfortable with our own voices and representation. Our client did a remarkable job on direct examination. The judge asked questions and it was clear he wanted to grant asylum. We were filled with confidence, but not cockiness. My partner and I were moving well together, and as we closed our direct examination of our client, we cheered inside for our client and for her poise.

The government began their cross examination. Every question that was asked, we had anticipated. I made notes on my closing and for redirect. My partner did the same. 10 minutes in, 20 minutes in, we continued to feel good--this was as we had prepared for, and the client continued to remain calm.

And then it happened. It was about 10:15am. Hearing had been going full speed ahead for over 2 hours. And the government asked to approach the bench. She had impeachment evidence to introduce. We had no idea what it was, but we didn't think it could be anything we couldn't handle. How wrong we were.

I can't go into details, and I don't want to. But the evidence was devastating to the case. It was evidence that discredited everything my client had testified to all morning and all semester. It put every single detail she had recounted into question. And it was information that had been specifically withheld from us by the government.

As more and more questions were asked, more and more lies were told. We watched the tightly knit fabric we had knit unravel. We saw the demise not only of our case, but of the faith we had felt so strongly in our client not 2 hours before. Our brains raced with what we were hearing--we had no idea what to do, or say. I could not look at my client, sitting up there, lying. telling lies I knew were lies. Digging herself a hole that was so deep and wide I could barely see her anymore by the end of it.

We met with her after the hearing, mainly to find out what the hell was going on and to get her to just tell us the truth. We had to tell her the consequences she was facing as a result of what she had said. We had to get some sort of explanation. We had to find some sort of validation in this stranger who sat across from us. And we got none of it.

We got more lies. More denials. Every last glimmer of the client we believed we were representing disappeared. It was shocking.

Sunday, April 13, 2008:

We have withdrawn from representing my client further. The judge reserved his decision until a later date this summer to allow the government further time to investigate my former client's case.

We met with everyone today to tell them the decision to withdraw and give her an opportunity to sign a statement to correct the record from the false statements she made on the stand. Our ethical obligations force us to do this, and if she refused to correct the record herself, we would be obligated to do so for her.

Her story changed no less than three times during the course of our 60 minute meeting. It was one of the most emotionally difficult conversations I've ever had. And when the meeting was over we walked away from a woman we would have done anything to help 2 days ago.

This has been emotionally draining. It's been a great learning experience, for sure, but it's been a really really tough personal experience.

I feel betrayed. And I'm angry. I don't know what to believe and I don't know if anything my client told us over the last three months is true. I suspect there are truths, and part truths in her story, but I'm not confident that much of it is accurate. I do know that her story of the genocide, and her family, is not fully true. Not everyone died and it probably did not happen how she said it did.

But I'm not allowing this to make me cynical about this process. This does not ruin this kind of work for me, and I look forward to being able to start again. I know that there are a lot of people who need this kind of help, and I know that there are a lot of people who have come from places where they cannot go back. And I know that I can do this kind of work, and I can do it well. I don't know if we became to emotionally involved in this case. I don't think we did. I mean, how does one NOT become emotionally involved in cases like this. I also don't believe that living life with emotional distance from people is a worthwhile way to live. But it stings a little more when things like this happen.

I wish the destination we had reached had been better. I worry about the impact this will have not only on her case, but on her husband's and everyone else who is involved with her. I worry the most for the baby, an innocent bystander in all of this.

So case closed. Thanks to everyone who has been so supportive through the semester. I could not be more blessed with the friends and family in my life.


Monday, April 07, 2008

Those We Remember

We seek refuge from a lot of things in life. We seek it from work, school, politics, the banalities of the daily grind. We seek it from the real world, responsibility, reality, fate. We rarely seek it from things people actually need the refuge for around the world.

This is because we're lucky. Every person reading this blog is lucky in some way or another. We're lucky because we might have amazing families, friends, a job, a roof over our head, metro cards in our pockets, a political opinion, a social opinion, an opinion about fashion, movies, music, pop culture, other cultures. We're lucky because some of us might have all of the above. We're lucky because we're allowed to have all of the above, to seek it out, to work for it, wish for it, write about it.

Most of us do not have a day that comes around once every 365 days, where they are forced to remember and mourn the death, gruesome and brutal, of their entire family. Or the following 100 days spent hiding in a basement.

But some of us do. And for those people, that once a year has come around this week.

The Rwandan genocide began 14 years ago today, April 7. 11% of the Rwandan population was wiped out in a 100 day killing spree that engulfed the entire country. Almost an entire ethnic group slaughtered. Sure, most of us have seen Hotel Rwanda or read We Wish to Inform You Tomorrow We Will Be Killed With Our Families. This is not an obscure genocide.

But it's been a little different for me this year. My client is the sole survivor in her family. She was 9 years old 14 years ago. And she has shared, in an eloquent, heartbreaking, empowering and raw way, her story and her life and her family with me this semester. Suddenly, the reality of this anniversary is a little more intense, and always will be from this year on.

So take a moment, and think about the things we seek refuge from, the things we are thankful for, the people in our lives, our families, our friends, and those who have saved us throughout our lives, even in the most seemingly insignificant ways. And then take a moment and think about those who sought refuge 14 years ago in churches, schools, basements, homes, friend's houses and fields, and the refuge they sought that did not save them.

And remember.