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If your
recent court case almost drove you crazy, congratulations.
You're normal.
Going to
court can be so traumatic for one and all that the courtroom
experience has given birth to its very own documented illness - the
Legal Abuse Syndrome.
"I've been
a marriage and family therapist for 20 years, and it eventually
dawned upon me that my clients who had to go to court - for whatever
the reason - experienced certain common symptoms," says Karin
Huffer, M.S., a Las Vegas therapist and author of Overcoming the
Devastation of Legal Abuse Syndrome.
"The legal
system is very easily abused in this country and all too frequently,
victims of one type of crime wind up being victimized in court all
over again. In court, ridicule is standard technique.
Attorneys use it and judges use it. Although any legal
professional is quick to agree that our legal system is a stinking
morass, they still have utter contempt for those who can't navigate
it. So if you're getting ready to go to court for whatever
reason, get ready to be humiliated because that's how our
adversarial system works."
Huffer
believes that both judges and attorneys, whom she characterizes as
the gatekeepers to the legal system, are at
fault.
"In the
old days, the law books were written in clear language, so that the
average person could understand them," she says. "You were
only able to bring a lawyer to court if you were somehow unable to
defend yourself.
"Today,
the law is purposely written by attorneys in a language that only
other attorneys can comprehend. It's all doublespeak and
legalese, obscure jargon that even most college graduates can't
begin to understand."
Not being
able to understand the legal system leads to a feeling of utter
helplessness and hopelessness among the court-going masses, whether
they be plaintiffs, defendants, or witnesses. In the event of
a lengthy case, this feeling of helplessness can degenerate into
sheer, heart-pounding terror.
Bankruptcy
attorney and ASU College of Law professor Dale Beck Furnish has
witnessed that terror first hand.
"I've seen
people who had to do nothing more than give a deposition shake so
badly they could hardly remain in their seats," Furnish says.
"And heaven help the poor defendant who shows up in court without an
attorney! If he's not already terrified, at that point, he'll
probably have a heart attack. Most judges are not at all
sympathetic to their terrors."
For
further evidence of the courtroom shakes, just look in the hallways
of any court house.
During a recent visit to North Mesa Justice
Court, the waiting room proved to be filled with people wearing the
stunned expressions of hit and run victims. They clung to
their attorneys as if to Emergency Medical
Technicians dispensing free
pain-killers.
One man
who looked tough enough to go a few rounds with Mike Tyson couldn't
even bring himself to comment on his feelings about his
experience.
"I'm
sorry," he said, his voice hoarse. "But I'm just too
(expletive) miserable to talk."
Joe
Delbarto, 29, of Mesa, who was there for sentencing in a DUI case,
was still able to talk, but he admitted his experience was like
living through a nightmare.
(SIC -
some words missing).
said,
"That was three months ago. Today is when I finally find out
what they're going to do to me. I've never been in trouble
before, and I've been scared to death for the entire last three
months. I don't understand anything about what's going on or
what's liable to happen."
The legal
waiting game is more frequently played out in large population
centers, Furnish says.
"In big
areas like the Valley, people too frequently get a cookie cutter
justice, but it's not out of maliciousness. It's a problem of
time and scheduling. Then when people finally get to court,
things go by in a rush. What happens is they get a judge who
knows he has to deal with 20 motions and a few cases which will take
all day and well into the next - plus readings on the weekend.
Those judges don't have patience because they don't have time.
When I litigate in smaller towns, people are allowed to take as much
time as necessary.
"The whole
situation is sad. Many judges, when they start out, are full
of compassion. They've practiced law recently themselves so
they take plenty of time to consider the ramifications of a
case. But a year later, they're cranking them out like
everybody else.."
At
Superior Court of Arizona the misery begins right at the
door.
Court
security officer Joe Parra, of Mesa, said wistfully, "This is not a
happy place. People have to go through security screening
here, and they start getting really scared right then. We try
to make it as pleasant for them as possible by joking around, but
most people look pretty sad when they come in and a lot of them look
even sadder when they leave."
Bear in
mind it is our legal system itself that causes much of this misery -
not necessarily the negative outcome of any particular
case.
One woman
at Superior Court confirmed this by saying, "Yeah. I won my
case, so big deal. It's taken me four months, and the whole
thing started me smoking again after 12 years'
abstinence."
The fact
that most cases take time to resolve makes many victims of Legal
Abuse Syndrome suspicious - they believe that attorneys (many of
whom charge by the hour) want cases to drag on as long as possible
to fatten
(SIC -
some words missing).
but that's
a fallacy, says a Mesa attorney.
"By the
time a person contacts an attorney, he's already had something bad
happen to him - that's why he contacted the attorney," says
Christopher D. Hossack, who specializes in personal injury
law. "He's in an emotional state, filled with grief and
anxiety. Unfortunately, because of some of the big cases and
settlements reported in the media, he may also have some very
unrealistic expectations.
"Remember
that our legal system is set up with the presumption of innocence
for everyone. A client may know that he personally has been
hurt by a certain person, but I can't forget the inscriptions I saw
on four tombstones up near Holbrook - Hung by mistake as
rustlers. If you want real justice, you have to be ready
to take the time to pursue it."
The very
fact that so few people lining the courthouse hallways wish to see
their names in print proves another indictment of our legal system.
Said one
man, a sizable employer in the Mesa area who was simply in court to
act as a character witness for one of his employees, "Being in court
has a negative connotation, period. I've done absolutely
nothing wrong, but I certainly don't want people to know I'm in
court today because people might take it for granted I'm in some
sort of trouble."
Although
being hauled through the legal process can certainly cast a dark
shadow over anyone's life, Hossack has one final thing to add about
our court system.
"As
Winston Churchill used to say about democracy, "It's the worst
system in the world - except for everything else." Well, there
you have our legal system in a nutshell. It creates a lot of
problems for a lot of people but I don't know of anything
better." |