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Eric MacKehoe [userpic]

For muses_at_large

November 9th, 2005 (04:51 pm)

If you discovered that your significant other/partner/spouse had been unfaithful, how would you react?

It's interesting that the other topic that seems to be floating around is about losing control when this one comes up. If you had asked me a year and a half ago, I would have said I'd be calm. Rational. We would talk about it. Explore what was missing in our relationship. What we wanted to do from there. If I loved her, and I did, do, love her, then we would go to counseling. Talk about it.

Such an indiscretion happens all the time.

I would forgive.

Then she...told me what she'd done. Even then, it wasn't the sex. She's young. Still somewhat inexperienced. There had only been two boys before me, and she was only twenty-one when we began our relationship. I was hurt. Angry. Betrayed. I'd been faithful to her for nearly four years--longer than any other woman, including my ex-wife, who, I am sad to say, did not get my fidelity along with my ring. I'd given up said wife for her. Committed myself utterly to her. And she had a fling. A summer affair in Europe.

Of course I was angry.

But what made me angrier was how she tried to justify it. The lies she told as she stood there crying, telling me how sorry she was, asking if I could ever forgive her. Telling me she hadn't had a choice. Not because it was rape, but because it was him.

The sex I could have forgiven, but not that. Not choosing someone who so clearly was willing to play into her delusions and fantasies. He used her, took advantage of her, almost got her killed, and she stood there and defended him to me. Told me she loved him, but she'd left him. Wanted me to forgive her.

Told me she loved me.

How did I react?

I lost control.

Eric MacKehoe [userpic]

for muses_at_large

October 4th, 2005 (09:53 am)

Have you ever broken the law for your own benefit or that of a friend?

The term's rather unclear. How "broken" are we talking? I'm an attorney, and as such obeying the law, upholding it, and seeing it is served is one of the sacred duties of my calling. However, the other is serving my clients' needs, and the two do not always coincide. For instance, you know a man is guilty of a crime. You can't put him on the stand to testify, because you know he's going to lie, and your part in putting him there would be suborning perjury. But he's your client. He has a 5th Amendment right to testify in his own defense. He does not, however, have a right to lie. You, however, cannot betray his confidence and tell the court he's lying. It's already to the defense portion of your case, so you can't ethically withdraw. There are ways you can get around this. Put him on the stand and ask him to "tell us your side of the events" or some such nonsense. Basically, call for a narrative, which will then get you an objection on proper form of question grounds. But you can't question him, or you will be breaking the law. If you question him thusly, however, the court will sustain the objection, and you will have sent a red flag that says that your client is lying, which means that non-verbally you have betrayed his confidentiality.

So a successful defense lawyer never asks his client if he did it. You don't want to know. You make sure you never know, no matter what. You can suspect your heart out. You can look at the evidence and know you'd convict beyond reasonable doubt. But it's your duty to defend and to do it to the best of your knowledge, you can't know the truth if he's guilty.

You let him lie to you. You let him lie to the court.

And isn't that all a rather sophistic way of perpetuating a fraud on the court?

But the system crumbles if you do not, as bound as we are by ethics and laws and rules.

Have you violated a law by doing so? Or the spirit of it? You've upheld your ethical duties. You can't be prosecuted. But what about your moral ones? Where does your duty as a human being lie when you have a man charged with heinous crimes in front of you and you defend him without ever asking if he did it?

Where does your duty lie when he hands you incriminating evidence and you are forced to turn it over to the polie without ever saying where it was found or how it came into your possession?

And then, of course, doesn't everyone speed nowadays? There's law-breaking for you, running rampant down the streets of every country.

Eric MacKehoe [userpic]

(no subject)

September 14th, 2005 (04:21 pm)

I suppose the point of this thing is to post intimate information about my life? I don't do that. But it does serve as an amusing enough distraction, I suppose. The school year has started up again. I have two Evidence classes I'm working on teaching, full of eager young students who are clueless as to what the legal profession is waiting to do to them.

So I'll smile and I'll be "on" for them. I'll get them excited about the evidence code and pull out the spaghetti references and they'll ooh and ahh and inevitably several of them will start following me around and wanting to have coffee to talk about their trial team try-outs, which will segueway into figuring out my romantic status.

It gets old, as pretty and as fresh as they are. They aren't her.

Alisha says she's dating some child and an Irish rock musician, no doubt the one she insisted was her destiny. Can't even settle on him now that she has him? Typical of her. Someone should warn the poor sods.

Alisha, on the other hand, is turning out to be a great...comfort in my bereavement. Pretty little thing. Likes that I go to parties with directors and producers. She's convinced I can make her the next Katie Holmes, god help her. She's already too old at 25 to be the next starlet, but she's a pretty decoration on my arm when we go out and she keeps me informed of things I need to know.

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