Charles Kramer, The Levison Group
I believe it's been twenty-seven years since I appeared before Judge Gerald Kee in a small courthouse in upstate New York. I am sure about the year; just no longer sure it really happened.
I was a young associate at my law firm back then, and more open to the mysteries of the world. In fact, I was the youngest and newest associate in the place. It was thus no surprise that the task of travelling from St Louis to farmland New York to argue a motion between two feuding cousins landed on my desk.
It was the middle of December, and I was headed to Olean. The airport was under weather as we approached however, so my plane diverted to Utica. I rented a car, and began to drive to my original destination, unfazed by the blizzarding snow. Around midnight, through the haze of white, I saw the small courthouse with nearby bed and breakfast and pulled in. The woman who greeted me at the door was hospitable, the steaming hot cocoa in her hand a welcome introduction to her establishment. I checked in, she showed me to my room, and I was asleep as soon as my head hit the pillow.
I awoke at 8 am to the smell of pancakes and eggs, and a rich blended coffee, freshly brewed. I enjoyed the meal while reviewing my notes, and then trudged across the street to the courthouse.
The fight between the cousins was a terrible one, made even more so because they were actually closer to friends than cousins.
At precisely nine am, judge Kee entered the courthouse. My client had met me there, as his cousin had met my worthy opponent. The two relatives glared at each other as first the local lawyer and then I made our presentations to the Court. When we were done, the judge looked first at us, and then at our clients.
“Approach the bench” he said.
I nodded to my client, and he stepped forward, joining me as we walked towards the judge.
“The law in this case is straight forward, I believe”, the judge began, “but justice may not be so. Before I undertake to decide for you,” and at this point the judge looked pointedly at the clients, “let me tell you what I see.
I see two men, once close as brothers and still related by blood, which have seen love and friendship turn to anger, because you each believe the other has taken more than he deserves from the common business venture, without any concern, regret or reproach for what they have done. You each cling to your belief and to your anger. Soon anger will turn to hate, and my ruling will do little to stop that flow. So, before I rule, let me advise you that hate wears you down, and does not hurt your enemy. In an all too real sense, it is like stabbing yourself in the heart, hoping to kill your enemy. I am a judge. But I am also a person, and I have struggled with the same disappointment, disbelief, and the hatred that ensues on many occasions. I know that your love for each other may have been pushed deep within you, but that it is still there, battling with your anger. It is as if there are two wolves inside you, and indeed there are such wolves in each of us. One wolf is quiet, and despite his genetic makeup does no harm. He lives in harmony and does not assume an offense was intended, unless it is clearly proven to him to be the case. He will only fight when it is clear without doubt that an offense was intended and there is no other way to explain the actions or resolve the dispute, and when he does fight he will fight with honor. The other wolf, however, is a different animal all together. He is a creature fueled with anger. His view of the world is tainted by ego, superiority and self-belief. He is sure he is right and thus is easily convinced that he has been wronged. The littlest thing will set him into a fit of temper. He fights everyone, all the time, often for reasons that exist only in his own tainted world view. He cannot think clearly, because his anger and hate obscure everything. He cannot see the helplessness of his anger, or that anger will change nothing about the outside world or the actions of others, and will only tire him.
I can't speak for you, but I know that, for me and for the multitude of others I have seen, it is often difficult to live with these two wolves inside, for each tries to dominate our spirit. I have seen the fight play out time after time, and I can assure you the result is always the same.”
The judge stopped speaking and began to assemble his notes, as if preparing to leave the bench. I looked at my opposing counsel, who apparently was used to such soliloquies. He too was gathering his materials. Our clients, however, were not as satisfied with the speech however. The two blood relatives could not help themselves, and despite the lessons in decorum and respect that both I and the other lawyer had provided, found themselves blurting out, in unison, the same question.
“Well, which 'wolf' wins?” they asked.
Hearing the outburst, the Honorable Gerald Kee halted his efforts and looked up at the two men before him.
“The one you feed,” he said simply. He rose and left the Courtroom informing us he'd rule by mail.
For the past twenty-seven years, I have remembered the judge's remarks virtually verbatim, but have had no recollection of his ultimate ruling. The other day, however, I was cleaning out my desk (a year end ritual), when I came across a fax transmission from my client, sent back then. It said “Charles: Thank you for all your help. My cousin and I have decided the fight is not worth the strain on our relationship, however, and are just going to split everything and not worry about it. There is no need for you to come to town when the reschedule the cancelled hearing. We are going to drop the matter.”
Which of course raises the questions: If I hadn't made it to Olean, where the heck was I, and who was I talking with?
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This column is based on a Cherokee parable. Under Analysis is a syndicated column of the Levison Group. Charles Kramer is a principal of the St Louis, Missouri based law firm, Riezman Berger PC. Comments or criticisms about this column can be sent c/or this newspaper or directly to the author at ckramer@primary.net.
© 2014 Under Analysis L.L.C.
