The Legal Pad

The Magical Math of Statistics

The US Bureau of Statistics just published their monthly unemployment report for June. The news is not good. There are 14.6 million people in this country who are unemployed.

That's a big number -- but it's just part of the story. Today we're going to examine a smaller number. We're going to talk about the 2.6 million people the Bureau doesn't count.

Within that figure of 2.6 million people, there are 1.4 million folks who dropped out of the job market due to either school attendance or family responsibilities. Therefore, the Bureau doesn't count those 1.4 million people in the total number of unemployed people...and...they're labeled as "marginally attached to the labor force."  

Then there's the other 1.2 million people who aren't counted either. They're called the "discouraged" workers.

What's a discouraged worker? It's someone who wanted a job, who was available to work; who had actively looked for a job in the last year -- and then four weeks ago -- concluded there was no job out there for them. So, they gave up. It's a person who isn't looking for work anymore. It's a person who hit the wall. It's a person who is finished. They're done.

The Bureau of Labor lists five reasons for discouraged workers: the person thinks there is no work available, the person could not find work, the person lacks schooling or training, the person is viewed as either too young or too old by the prospective employer, or the person is a target of various types of discrimination.

Legitimate reasons? Maybe. Some of those reasons may be real or perceived. But not counting those 1.2 million people who are discouraged workers isn't real and it doesn't make any sense.

So, let's use a different method of counting the people who are unemployed and discouraged workers.

If you live in Kansas City, Missouri -- you live among the 475,830 who populate that city. If you live in the city of St. Louis, you are among the 354,361 people who live there. If you live in Springfield, you live with 156,205 others. If you live in Columbia, you are among the 102,324 residents there. If you live in Jefferson City, you are part of 40,771 who live there. Throw in St. Joseph, Missouri at 73,990 -- and guess what you have?

You have a total of 1,203,481 people living in those Missouri cities. Another way to say that is -- a little over 1.2 million people. 

When you think about that number in a different way -- like in relation to those folks who actually live in those cities -- it becomes less abstract, doesn't it?

There are 1.2 million people who are considered as unemployed "discouraged" workers in our country -- who are not counted in the US Bureau of Labor Statistics report. Whose bright idea was that?

That makes no sense. They are real people -- they are unemployed -- they are discouraged -- and they do count.

BP vs The Known Universe

I'm not sure who is going to be suing whom over the Gulf Oil Spill Disaster. But, I imagine that there will be hundreds, if not thousands, of cases against BP by everyone who has been injured by this disaster.

We think that the billions of dollars that will be switching hands will in some way set the universe straight. I am sure that justice will be done. But sometimes, our human concept of justice is just too limiting -- especiallly when set against the backdrop of the known universe or even the expanse of the ocean we call the Gulf of Mexico.

The legal concept of making someone whole via the courts seems a puny concept for dealing with this disaster. The Gulf is one of the richest ecological systems of our planet; its waters literally are teeming with life. Consider that it's taken 4.5 billion years, since the formation of the Earth, for that spot of the universe to evolve its immensely complex ecology. Shrimp, fish, porpoises, birds, oysters, humans -- all had found a way to balance their needs and the needs of their species. The place wasn't paradise, but the idea of oil strangling the life and culture out of the Gulf is painful for anyone to think about.

Will $20 billion be enough to compensate those who have been injured? Will it take $200 billion? We can fill the ocean full of dollar bills, but the green sea of money is no replacement for what is being lost.

Maybe there are other planets with other beautiful oceans. I only hope that if we ever have the knowledge to leave the Earth and find such places that we have the wisdom to not destroy them.

Monday - May 31st - 3:00 PM

Memorial Day -- formerly known as Decoration Day -- was first enacted to honor U. S. men and women who died while in military service after the Civil War by decorating their graves.

Memorial Day is also the unofficial beginning of summer -- vacations, shopping events, BBQ's, picnics, family gatherings, and sporting events.

Many still observe this holiday by visiting cemeteries and memorials and decorating graves.

In 1971, Congress declared Memorial Day as a national holiday, celebrated on the last Monday in the month of May.

The Veterans of Foreign Wars (VFW) noted in a 2002 Memorial Day address:  Changing the date merely to create three-day weekends has undermined the very meaning of the day. No doubt, this has contributed a lot to the general public's nonchalant observance of Memorial Day.

Memorial Day commemorates the U. S. men and women who have died while serving in the military. A national moment of remembrance takes place at 3:00 PM local time.

It's more than just a three-day weekend.

5-S

Way back in the middle of winter, on the way home from work, I was listening to the radio. There was a guy being interviewed about what he did for a living. His job? He's an efficiency expert. He mentioned a system he uses and it sounded intriguing to me. So, I looked it up online when I got to the house, printed off the information, put it into a folder, and promptly forgot all about it.

This past weekend, I had a phone call from an old friend. I hadn't talked with her in awhile and asked her what she'd been doing lately. Her response? She told me she'd been cleaning out her closets. Hmmm...I thought to myself...I need to do that too, but not now. One of these days maybe. She asked me something and our conversation drifted easily down a different path. We caught up and had a nice visit.

A couple of days later, thinking about how good it was to talk with her, it dawned on me. What was it she said? She was cleaning her closets. Uh huh -- that's what she said. I hadn't been paying close attention. I was distracted and been busy with other things -- and didn't realize how out of touch I really was. I think I just woke up.

I began to look around. Things are going on -- at major discount stores, at home improvement centers, and in transformed grocery store parking lots. Plants are arriving, greenhouses have popped up, garage sales in full swing, citywide clean-up events are being held, lawn mowers and weed eaters are buzzing. It's Springtime!

Time to dig out the efficiency expert's information I put into that folder back in February. The efficiency expert uses a 5-S system. It's useful no matter where you are -- or what you do. It translates easily from your workplace to your home. The principles of this system can go from manufacturing environments, to retail businesses, to your home, your office, or your workshop. One size fits all. Following the basic rules in the 5-S system creates control out of chaos. Ready to bring some order to your chaos?

Here are the five parts of the system: Sort, Straighten, Shine, Standardize, and Sustain.

To give you a clear idea how the system works, here are three examples:

We'll start with your home. Are the spices in your kitchen all in one place and handy to get to? Can you put your hands on that expensive vanilla bean you purchased without searching through everything in your cabinet? Here's an easy project that will give you direct results. Take all the spices out of your cabinet and put them out on the kitchen counter. Sort through all the spices you have, throw out the ones that have expired or are over a year old. Make a list of those you need and get them the next time you go to the grocery store. Get your cleaning equipment out and clean off the shelves, wipe off each individual spice container, and put each one back in your cabinet in some sort of order that makes sense to you. The next time you need some spices, they're in your cabinet -- sorted, straightened, shined, standardized, and ready for you to sustain. Now you can locate those spices quickly. Use that spice, put it back where it belongs, and you're successfully using the 5-S system.

In your workshop, if you can't find the hammer, the router, the measuring tape, or the duct tape quickly and easily, you might want to get busy with the 5-S system. Time to clean out your workshop, sort the tools, decide which tools to repair or throw out. Make a list of the replacements you need, clean the tools you have, put them back in your workshop in an organized way that fits the way you use them. The next time you need a tool for a job, it'll be easy to find. Don't forget to clean it, check for any damage or wear before you return that tool to where it lives.

You can do the same thing with your computer. Defragment the disk. Clean the keyboard, speakers, monitor, and the CPU. Clean out all your folders and documents to see what's really there and get rid of those you don't need anymore. Do the same thing with your email. If you have emails in folders that you haven't peeked in for at least two years -- you don't need them. You need to do some serious re-organizing. Old emails clog up your computer and it diminishes your computer's performance.

Once you get the hang of it, the 5-S system is easy. Take charge -- Wake Up -- Get control of your chaos. It's time for some Spring Cleaning!

$14.29 Worth of Justice

    It's really a small matter -- just $14.29. But, I can't let it go. I'm not one of those people who feel the world owes them something...and, I have a pretty good sense of perspective. I know I'm one of the fortunate people of the billions on this planet. I go to sleep warm. I wake up and there's always food in my refrigerator. And, unlike the millions of Americans who don't have health insurance, I do. But...I want my $14.29 worth of justice.

    I'm being held responsible for someone else's error, and it's not fair. I received a letter from a local medical group informing me that if I didn't pay them the $14.29 that they say I owe them, that they will turn my account over to a collection agency. It's only a couple of bucks, but it has real consequences for me. If it goes to a collection agency, then it goes on my credit report. If it goes on my credit report, the bank gets to charge me a higher interest rate if I ever refinance my home or take out a car loan.

    And what kills me -- is -- that it's not my fault. The trouble started with someone at the medical group who put the wrong code on a bill. Here's what happened -- and why I won't pay that measly $14.29.

    My wife had her yearly physical exam and mammogram. Our insurance pays for this. After more than a half an hour on the phone with the medical group and a representative of the insurance company, I learned the clerk who is paid to put a medical code on the form that goes from the medical group to the insurance company -- put the wrong code on it. Instead of indicating the mammogram was part of my wife's well-woman check-up, the form indicated that the mammogram was in response to a pelvic lesion. My wife does not have a pelvic lesion (whatever that is), and the insurance company decided that it would be a bad use of their money to pay for a  mammogram as a diagnostic test for a pelvic lesion. I agree.

    But, that's not quite the end of the story. After spending time on the phone, correcting other people's errors, I received another bill from the medical group for the same $14.29. OK? Another couple of calls and I'm being assured it will be taken care of. Fine. I accept the fact that the world isn't perfect and people make mistakes.

    Then...I get another bill from the hospital that my wife's doctor is affiliated with. This is an un-itemized bill -- part of a friendly letter -- that says if I'm having trouble paying my medical bills, I should call them and they can make some arrangements. The hospital claims that I owe them $178.00 for the un-itemized expenses. I called the hospital. I was unable to speak to a human. I spoke to a computer chip that recorded my name and my address, and the computer chip responded by saying it would send me an itemized bill. I figure I can't talk rationally to my insurance company without an itemized bill, right?

    This is the holiday season. I know how bad the economy is -- and how many people have so little. I'm going to give a good donation to the local food bank this year, and I'm going to make a New Year's Resolution to do something for the people in my community who are suffering. But, all I want -- is my $14.29 worth of justice.

    I'll worry about the $178.00 after New Year's.

    

The Crankiness Scale ~ From 1 to 10

    Have you noticed that folks are a little cranky? I'm sure it has something to do with the five straight days of gloomy, rainy weather in our part of the state -- but I think there may be more to this -- and it's part of a bigger picture.

    The Thanksgiving holiday is right around the corner. Depending upon your situation -- you may be looking forward to the event or you might be feeling anxious or apprehensive -- particularly when you think about all those preconceived notions about how the holidays "should" be.

    For some, it's just wonderful to have relatives and friends visit. Everyone gets along, there's lots of good food around, there's those great football games to watch, etc. But, from the other side of the coin, you may be the one who has the house to clean, the menu to figure out, the food to buy, the food to prepare -- and then, afterwards -- the dishes to do, the kitchen to clean, and the house to straighten up again. If you're the one who plays the role of "Martha Stewart In Charge" -- that's a lot of work and you can get cranky pretty quick.

    Another piece of the big picture is the state of the economy. It's in the tank. Yeah, I read all the stuff on-line and in the newspapers that declare the economy is improving. Uh huh. Yeah. Right. I don't think so.

    Now you may know more people who have lost their jobs, more people who have made more dramatic changes to their life-styles in order to cope, and more people who are barely getting by. I don't know anyone who hasn't been affected by this shaky economy. You may be doing okay -- but look around. What about your friends, your co-workers, the small business people you deal with, and the everyday people in your community? How's your attorney doing? If you're the attorney who's reading this, how are you doing? Many attorneys are having a tough time. Some are losing their jobs. Some are having a very difficult time finding work. How's your community doing? How's the state of Missouri doing? If you've been reading -- the answer to that is -- not so hot. Some folks are one unforeseen event away from financial ruin. No wonder people are cranky.

    From my corner of the working world, I can hear it in the voices of the people who are calling for a referral to an attorney to assist them. I've always had calls from folks, once in a while, who sound like and are -- desperate; but my intuition tells me there are more callers who, from their stories, feel like they're up against a brick wall and it's a wall they've never hit before.

    More people are calling who are trying to figure out how to get more money in their pockets. They're looking for attorneys to help, but they don't have the money to pay for the lawyer's services.

    The other day I had a call from a woman who wanted to hire an attorney. I asked her what she was looking for the attorney to do for her. After she described her situation, I realized she was being unrealistic in her expectations. She wanted to sue someone for a perceived wrong that happened to a family member ten years ago. She told me she was in a financial bind and was trying to figure out how she could get more money. Her request was absurd and her thinking was distorted by her needs. Those calls used to be an "every-once-in-a-while" kind of call -- now, they're becoming more common.

    In the last few weeks, I've been giving out more resource information to folks who are not sure who to call when they don't need legal advice. I've also been giving out the crisis hotline number more often so folks can speak with a mental health professional. That's part of the bigger picture too. People seem to be more unsettled.

    If you're working the phones or handling customer service for your company, your law firm -- whatever your situation -- you may have noticed that the folks who are calling you are sounding a little edgier than usual. If so, maybe it's a good time to think about becoming more in-tune with what's happening. You might try using a kinder, gentler tone on the phone. Spending just a little more time with someone, if they sound cranky, might be helpful.

    So, is it the weather, the upcoming holidays, or the economy? Yep. I believe it is. It's all of the above. I'm sure you can think of a dozen more reasons that factor in on The Crankiness Scale -- but the numbers -- are goin' up.

   

   

   

When the Public Defenders are up the creek, we're all in trouble

The status of the Missouri Public Defender System can be described accurately and succinctly in only six words: "Up the creek without a paddle." Before getting to the study that is the basis for this description, it's important to point out that problems with the Public Defender System affect all of us -- not just those thousands of people who are accused of a crime in Missouri and who don't have money for a private attorney.

Image: Tom Curtis / FreeDigitalPhotos.net

This is the U. S. Constitution and the Missouri Constitution we are talking about. This affects the lives of the accused, their families, crime victims, and all of us who believe that if we are to have a rule of law, there is no justification for ignoring a constitutional guarantee that is being breached.

The Sixth Amendment to the U. S. Constitution guarantees people accused of crimes the right to counsel. Originally, the Amendment was interpreted as applying only to the federal courts. It wasn't until 1963, when the U. S. Supreme Court decided the case of Gideon vs. Wainwright that the right to counsel was extended to state courts as well.

We've known in Missouri for a long time that the Public Defender System was in serious trouble. Too few lawyers are handling too many cases. The overloaded system means that attorneys barely have time to meet their clients, much less mount a rigorous defense. Defendants get to see an attorney, but they might not get effective counsel. It's not that the attorneys aren't capable and committed -- they're just overburdened, snowed under by an ever-growing caseload.

Our ailing economy is exacerbating the problem. Public Defenders' salaries come from the state. The state is in the midst of a budget crisis. Many, many more Public Defenders are needed if we are to fulfill our constitutional promise. If the money for more help isn't allocated, a lawsuit is sure to be filed on behalf of defendants who will sue on the grounds that they were denied effective counsel. Missouri is now at the bottom of the Public Defender barrel -- the state with the lowest per capita spending on its Public Defender System, except Mississippi.

The Spangenberg Group, nationally recognized experts on the justice system, recently published their study of Missouri's Public Defender System.

They conclude: "Our findings lead to the inescapable conclusion that MSPD is confronting an overwhelming caseload crisis, one of the worst of its kind in the nation -- a crisis so serious that it has pushed the entire criminal justice system in Missouri to the brink of collapse. The severity of the crisis has been forecasted for years, by those closest to it, but next to nothing has been done. And now the situation is as urgent as it is dire."

Here is the entire  Spangenberg Report

He was 28.

     I wanted to lie to you. I didn't want to mislead you, but because I had a great idea that would really drive home a point about the law -- and wanted to get your attention -- then I'd have to lie. So,  I decided to lie and present the story as something that actually happened. My boss wouldn't let me.  So, here's the story I was going to tell:

He was 28.

My husband and I went to a funeral the other day. A young man we knew died in an auto accident. His parents are friends of ours. There was no visitation beforehand. His family couldn't cope with visitation. The church was crowded. His dad, mom, and older brother were in the front row. His grandmother, aunts, uncles, and cousins were all there. His family was in shock. My husband and I were heartbroken. The folks in our community who filled the pews were grief-stricken as well. It was hard to be there. Many tears fell in the church that day. I couldn't imagine how his family would cope without him in their lives. He was so young. He was 28.

After graduating high school, he went on to culinary school. He aspired to be a chef. During semester breaks, we'd have his family over for dinner. Talk would turn to what he was learning at school. He'd tell us he was going to be The Next Food Network Star and have the best cooking show ever. His family encouraged his dream and we did too.

After culinary school, he talked about opening his own restaurant. His parents wanted him to start small. He wanted to go big. They compromised. They provided the financial backing and helped him with the remodeling of a vacant storefront. They opened a small diner in town. The young man jumped right in and never looked back. He was the top chef.

His food is tasty. He uses top-notch products. Eight months later, he has "regulars" who frequent his diner. Not long ago, he branched out a bit and started to offer daily specials. He was having the time of his life. Then it was over. He was 28.

On August 28, 2009, a new law went into effect in Missouri. It specifies that, "any person 21 years of age or younger who operates a moving motor vehicle while sending, receiving, or writing a text or electronic message by means of a hand-held electronic wireless communications device will be guilty of an infraction." The fine is $200.00.

If you're over 21 years old, then it's legal for you to read, type, receive, or send text messages while driving. But...if you're younger, legally you can't. Your age gives you this "special privilege". Can this be interpreted to mean lawmakers consider drivers over the age of 21 are more responsible when they text and drive than those who are younger? Pardon me. I don't get it. What does one's age have to do with this?

Have you ever received, read, typed, or sent a text message while you were driving? Your answer would be "yes" or "no". There's no middle ground. Either you have or you haven't.

I'll be honest. I have. The minute I did -- I became an impaired driver. Frankly, I can't look at my cell phone, read a text message, type, send one back, and drive at the same time. My solution? I turn off my phone when I get in the car and turn it back on when I arrive at my destination.

Yeah, yeah...I know. Some of you can text and drive at the same time. You've developed a skill. You've had no problems. Wow. Congratulations! It's the equivalent of driving down the road with your eyes closed. You don't even need a blindfold.

So, what does texting while driving have to do with a narrative of a funeral? For some of you, it's obvious. For others -- not so much...

The young chef was driving home from the restaurant when he heard the beep from his cell phone indicating he had a text message. The message was from his Mom. She asked when he was coming home. He began to type a reply...and as he did, he drifted off the road and lost control of his car. His mother never got the message. He was 28.

   So, what do you think about this story? Is it wrong to present it as something that actually happened? Does it do more good than harm? Does it alter your perception about texting while driving? Did it make a difference? Did it make you think? Feel free to give us your feedback. We'd like to hear what you think... 

Can a Hero Wear Loafers with Tassels?

    I've heard a lot of lawyer jokes over the years. I understand how someone who has been sued can feel like the world would be a better place if there were no lawyers...and I'm sure most people who have been through a divorce don't have a warm feeling about their ex-spouse's attorney.

    I am not going to subject you to a defense of the legal profession. I'm not going to tell you how some of the best people you'll ever meet are lawyers. That's because some of the best people you'll ever meet are cooks, plumbers, school teachers, parents, janitors, and engineers. No single profession has a monopoly on people who are sincere, who care about doing their best for others, and who make the world a better place.

    I mention this because part of my job last month was to interview all the attorneys who will be receiving awards at this year's Annual Meeting of The Missouri Bar. I asked them each a few questions about their accomplishments, and I was impressed -- not by what they did -- but by who they were.

    They've used their law degrees to make the world a little more just. They are passionate. Some, about helping others; some about understanding an area of law; others about improving Missouri's legal system.

    If you have a few minutes, you might get your day off to a good start by clicking on a few of the interviews -- just to meet some lawyers who will never be the butt of a lawyer joke.

    Here's the link: Interviews with Award Winners

Slavery in the 21st Century ~ Still Alive in Missouri

    If you stayed in a hotel in Missouri, it's possible that the person who made your bed was a slave.

    Although slavery was abolished in our country in 1865 with the adoption of the 13th Amendment --  it still exists -- in a new form -- with a new name -- human trafficking. Don't believe me?

    Here in Missouri, a federal grand jury recently indicted 12 defendants on RICO (racketeering) and human trafficking charges. The indictment charges many of the victims of this scheme were forced to work at hotels in Kansas City and Branson, MO.

    People who are the victims of human trafficking are typically immigrants, tricked into coming to the U. S. with promises of good pay and steady work. What they find instead is that they are paid far less than minimum wage, cheated, and forced to live and work where their trafficker tells them. They are threatened and told that if they quit working for that, their families in their homeland will be harmed or forced to pay thousands of dollars. Some are sexually abused; others live in fear, making their traffickers wealthy, while they're given barely enough money to subsist.

    In a recent interview Dr. Deb Hume of the University of Missouri and Co-Chair of the Central Missouri, "Stop Human Trafficking" group, explains how to spot people who may be human trafficking victims and how to help them.