Author: TSA Press

An informal settlement in the centre of Boom Street in Marabastad in Pretoria has become commonly known as “Little Zimbabwe” on account of the number of Zimbabwean nationals living there, GroundUp reported.

Most of the people living there are undocumented and because of this, they are unable to find work.

Some live in shacks made from board and plastic which well-wishers have donated, while others live in shelters made of old plastic sheets and cloth.

The conditions at the settlement are unhealthy because there are no toilets or taps for water.

Clusters of rubbish are strewn across the settlement. There are puddles of stagnant water. Despite these conditions, residents here say they would rather live here than pay high rent elsewhere.

Residents say metro police officers have regularly demolished their shacks but they rebuild soon after. Some of their homes were also destroyed in September during a wave of xenophobic attacks.

The more than 10 Zimbabwean families who live in the informal settlement survive through waste picking, asking for money, or donations.

They come from poor families in Zimbabwe and say they are better off in the informal settlement than at home.

Augustine Armando, originally from Epworth in Harare, is blind. He came to South Africa in 2013 and lives of the change he is given. His wife, who still lives in Zimbabwe, is also blind. When he can, he sends money to her as well.

He lives with his 10-year-old grandson Nesbert who helps him get around. Armando brought his grandson to South Africa a year ago in the hope of raising enough money to one day send him to school.

“If only I can raise money for my grandson to go to school, but it seems impossible,” says Armando.

Manners Mdumeni, 40, is a waste picker who also relies on piecemeal jobs. He came to South Africa in 2010 from Kwekwe. He spends most of his time pushing trolleys around town looking for recycling material. He lives alone.

“My life is difficult because l live from hand to mouth. Coming to this informal settlement made life easier because l could not pay rent where I used to live,” he says.

Thomas Sithole, 29, from Mkoba in Gweru says he was orphaned at a young age. He came to South Africa in 2008 when the economic situation in Zimbabwe collapsed to even worse levels.

To survive, Sithole says he learnt to hustle on the streets to survive, moving from sleeping on the street outside the Methodist Church in Johannesburg, to an old building in Pretoria from where he and others were later evicted. In 2011 he moved to Little Zimbabwe.

“We live here because of suffering. We want to rent apartments like other people but we cannot afford it.”

Sithole says he survives by buying and selling second-hand electrical goods and gadgets. He has a small stall opposite the settlement where he sells cables, cigarettes and sweets.

“I came to South Africa thinking that l would find greener pastures but things haven’t been easy. Now l do what l can to survive. Going back to Zimbabwe is pointless as l come from a poor family and the unstable economic and political situation worsens things,” he says.

Edward Magoche is also a waste picker. He was born at Renco Mine in Masvingo and came to South Africa seven years ago. He lives with his wife and two children. His wife helps by going around town asking for money and food. He says his family often goes to bed without having had anything to eat.

“Our government in Zimbabwe seems not to notice our suffering. If things were better we would go back home. People back home do not know how poor we are here in South Africa.”

Post published in: Featured

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According to the U.S. News & World Report rankings, which top 14 law school has the least expensive tuition?

Hint: There are currently 976 people enrolled at the school getting the good price for an elite legal education.

See the answer on the next page.

Most lawyers love to read (it’s a terrible profession to go into if you don’t), but it can be a struggle to carve the time out of your busy schedule to read for pleasure. If your New Year’s resolution is to read more – or if you are looking for a last minute gift for a lawyer in your life – then you need a reading list. To put this list together we polled our faculty to find out what they read in 2019 that they would recommend for all attorneys, law-related or not. Some interesting data emerged from the responses: for example, only one-quarter of the faculty recommended novels, instead gravitating mostly towards non-fiction. And while very few of the featured titles relate directly to the law, almost everyone who responded said these books had an impact on their practice. 

 So for lawyers looking for their next great read, we present 20 Books to Read in 2020:

Fiction

1. All the Light We Cannot See, by Anthony Doerr. Set during World War Two, this Pulitzer Prize-winning novel follows a blind French girl and an orphaned German boy with a genius for fixing things. Rachel Robinson says it is “beautifully written and a compelling and intriguing story with very interesting characters.”
2. City on Fire, by Garth Risk Hallberg. Named one of the best books of the year in 2016, this mystery novel set during the 1976 New York blackout features a cast of characters from every walk of life, and the detective tracking them all to solve a murder. Geoffrey Mort recommends “this superbly written novel that, among other things, is a riveting portrayal of New York City in the late 70s.”
3. The Cuckoo’s Egg: Tracking a Spy Through the Maze of Computer Espionage, by Cliff Stoll. Susan Ross suggests you check out this easy-to-read “true crime” bestseller from the 1980’s, which “explains Internet security in the context of a “whodunit” and formed the basis of the Computer Fraud and Abuse Act.” 
4. Daisy Jones & the Six, by Taylor Jenkins Reid. Bruce Cheriff says this documentary-style novel is “so well done that at first I thought it was a true story – I only found out it was fiction when I googled the band.”
5. Fatal Features, by Lyndee Walker. Amy Goldsmith recommends anything by LynDee Walker, a southern crime reporter turned novelist (“the crime fiction is realistic and her writing is excellent”), but you can get started with Fatal Features, which is set in an abandoned Renaissance fairground and available as a free download.
6. The Name of the Wind, by Patrick Rothfuss. Avi Kelin predicts that this series is “the next Game of Thrones, so read the books now before the movie and TV show debut.” But fair warning for frustrated fans – more than eight years have elapsed and the third book still has not been released.

Non-Fiction

1. The Alter-Ego Effect, by Todd Hermann. Most attorneys know intellectually that they are accomplished and competent. But sometimes there is that nagging feeling that suggests otherwise. Francine Tone recommends this book to help attorneys find out “how to show up as your most effective, best self even when you feel less than fully confident.”
2. Bad Blood: Secrets & Lies in a Silicon Valley Startup, by John Carreyrou. Christopher Loh, patent attorney, says this investigative report is an excellent piece of journalism, “and a great reminder to those of us who practice in the life sciences field to keep our skeptics’ hats on.”
3. Becoming, by Michelle Obama. Michelle Bradford says the former first lady’s memoir “is deeply personal and gives insights into the struggles that all lawyers face when trying to find their purpose.”
4. Breaking Through Bias: Communication Techniques for Women to Succeed at Work, by Andrea Kramer and Alton Harris. We are excited to recommend this fantastic book by Lawline faculty, which outlines why the wage gap persists in the 21st century and introduces clear communication techniques that women can use to avoid the discriminatory consequences of gender stereotypes.
5. Educated, by Tara Westover. This fascinating memoir from the child of rural survivalists traces her journey from the mountains of Idaho to Harvard and Cambridge. Michael Santos calls it “inspiring!”
6. Factfulness: Ten Reasons We’re Wrong About the World – and Why Things Are Better Than You Think, by Hans Rosling, Ola Rosling, and Anna Rosling Rönnlund. In an era that sometimes feels defined by fake news, Max Elliott recommends lawyers check out this data-driven, “thought-provoking” and hopeful book investigating how people understand (and misunderstand) statistics, and how you can do better. 
7. How to Work a Room, by Susan RoAne. Every day is full of many face to face and online interactions, which can be stressful and unpleasant. Fran Griesing recommends this book to “address the challenges of today’s interactions and provide valuable proven strategies to effectively communicate in multiple settings.” 
8. Just Mercy: A Story of Justice & Redemption, by Bryan Stevenson. This memoir by the founder of the Equal Justice Initiative recounts the experience of an idealistic Harvard Law grad who goes on to advocate for major changes in the criminal justice system, and the movie adaptation is currently in theaters. Max says “In a very human way, it encapsulates the challenges, failures, and triumphs that accompany being a diverse attorney in America.”
9. Leaders: Myth & Reality, by General Stanley McChrystal. Christopher Kende recommends this for its “great insight on the concept of leadership and extremely fascinating biographies of many past historical leaders, including Robert E Lee, Harriett Tubman, Martin Luther, Martin Luther King Jr., Albert Einstein, Leonard Bernstein, Robespierre and more.” A must-read for anyone looking to develop leadership potential in themselves or others. 
10. The Second Greatest American, by Daniel Kornstein. Another faculty read, this biography presents a new view of Justice Oliver Wendell Holmes, exploring the impact of his military service in the Civil War on his judicial views.
11. Spiritual Atheist: A Quest To Unite Science and Wisdom into a Radical New Life Philosophy to Thrive in the Digital Age, by Nick Seneca Jankel. Wylie Stecklow raves “this book is one I continue to keep on my nightstand. The author is also a leadership speaker and delves into understanding our place in the universe outside of religious parameters. As a busy federal litigator in a solo practice, I am often at my wits end with deadlines. This book helps me take a step back and exhale, appreciate my place in the world, and not get overwhelmed – all very helpful tools to keep my feet squarely planted on the ground while trying to shoulder the stress and problems for all of my clients.”
12. Stamped from the Beginning, by Ibram X. Kendi. Darius Davenport recommends this extensively researched narrative into race and racist ideology in America, which “provides additional historical context to the foundations of traditional American values that still impact us today.”
13. Talking to Strangers: What We Should Know About the People We Don’t Know, by Malcolm Gladwell. Clear client communication is a key part of a successful attorney’s practice. Raymond Furey suggests that “these stories and examples will have the reader reexamine his or her professional and personal communication skills.”
14. Trauma & Recovery, by Judith Herman, M.D. For attorneys with clients who have been impacted by traumatic events, Geoff Trenchard says this book is “essential reading” to understand how trauma manifests and can be overcome.

Happy Reading to one and all!

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The House of Representatives voted to impeach President Donald Trump and now, we await his Senate trial to determine acquittal or removal.

But as Lee Corso might say: “not so fast my friend.” In the face of Senate Majority Leader Mitch McConnell’s unprecedented promise to achieve the President’s acquittal through bias and corruption, a building consensus is moving towards holding the Articles of Impeachment, refusing to formally “transmit” them to the Senate, until McConnell agrees to some basic form of a fair trial and the calling of witnesses.

Harvard Law Professor Laurence Tribe has tried to give this argument legal gravitas. In an op-ed in the Washington Post, he wrote:

Some have asked what would give the House power to take the step of impeaching the president but withhold pressing its articles of impeachment in the Senate. This question assumes that everything the House opts not to do, every option it chooses not to exercise, requires that it locate affirmative power for its inaction in some textual snippet in the Constitution.

I’d turn the question around: Where in the Constitution or in the history or theory of its interpretation is that principle located? In fact, it is entirely made up, found nowhere in our constitutional constellation. And it is out of place when considering how the House and Senate are to interact in cases of impeachment, particularly cases in which a president is being impeached for defying his oath and the Senate is threatening to defy its oath as well.

Look, I’m all about asking for forgiveness instead of permission. And I agree, intellectually, with the thrust of Tribe’s argument that the Constitution does not, and was not intended to, contemplate the entire universe of what is or isn’t legal in this country.

But, at core, I’m not wild about the legal arguments made in defense of this tactical strategy, because they’re not really legal arguments. It’s a raw political power play. By withholding the Articles of Impeachment, Democrats are saying “we can, and you can’t stop me.” It’s not unlike me taking the iPad away from my kid: I can, he can’t beat me up, if he wants it back he better eat two more chicken nuggets. It’s not a procedural argument, I’m just bigger.

The problem with these kind of power plays is that it’s fundamentally lawless. There’s no legal or Constitutional value advanced by through this parliamentary loophole. We just want McConnell to do something (his job) and we’re trying to force him to do it. I’d rather not drag the Constitution into the game.

Which isn’t to say that I’m unwilling to play. The last time I saw somebody use raw political power to subvert the normal functioning of government because the Constitution didn’t explicitly disallow it, Mitch McConnell was grinning over the corpse of Merrick Garland. Mitch McConnell can eat it and I’m willing to use any means, fair or unfair, to achieve even the most Pyrrhic victory over him.

I’m willing to go full Elliot Ness: “I have broken every law I have sworn to uphold, I have become what I beheld and I am content that I have done right!”

I just don’t want to pretend about what’s going on here. This is not society. We’re in the state of nature now.

Don’t let Mitch McConnell conduct a Potemkin impeachment trial [Washington Post]

Elie Mystal is the Executive Editor of Above the Law and a contributor at The Nation. He can be reached @ElieNYC on Twitter, or at elie@abovethelaw.com. He will resist.

Sad news from Sidley. Over the weekend a first year associate unexpectedly passed away just a few months after starting full time at the firm.

Ralph C. Catalano joined Sidley in September 2019, where he worked in the Real Estate group in the New York office after previously working as a summer associate. Catalano got his undergraduate degree from the College of William and Mary and his J.D. from the University of Virginia School of Law.

According to an email sent to New York employees, Samir Gandhi, managing partner of the New York office, remembered Catalano as “a conscientious worker, valued member of the team and liked by everyone who knew him.”

The firm is making counselors available to employees, and they are encouraging folks to seek assistance in dealing with Catalano’s death.

Our thoughts go out to Catalano’s family, friends and colleagues at this difficult time.

Kathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

Black queens reign

Ed. note: This is the latest installment in a series of posts on motherhood in the legal profession, in partnership with our friends at MothersEsquire. Welcome Chelsie Lamie to our pages.

It’s 8:50 a.m. and I’m running late to take the kids to school.  I’m only one minute away but I’m stuck on a one-lane dirt road in the jungle outside of Playa del Carmen, Mexico.  A local farmer’s bulls have gotten out of their pen (again) and are blocking my way.  Thankfully, one of the farmhands sees me through the trees and zooms out on his motorbike.  He quickly clears the road and I am on my way again.

After dropping the kids off, I head back to our home to prepare for my 11:00 a.m. telephonic hearing.  I watch the waves of the ocean as I enjoy the watermelon juice and fruit cup that I picked up from a vendor on the highway (for only 3 USD).  The hearing goes well.  I can’t help but smile when my motions are granted while I’m wearing a swimsuit, thousands of miles away from the courthouse.  I head up to the rooftop and practice my Spanish with a family visiting from Columbia while I get in a quick swim.

Later on in the afternoon, I have my weekly telephone call with my office manager to discuss the week’s financials before picking up the kids and taking them to soccer practice.  After soccer, we try a new restaurant for dinner (for a total of 25 USD for a family of four).  We walk home from dinner, tuck the kids into bed, and I take an hour to respond to emails and answer my team members’ questions through our case management software.

Thanks to a great team of employees, years of building systems with integrated forms, and a decade of marketing, I have found the sweet spot.  I truly believe I have attained the best work-life balance that is possible for me and my practice area.  If you would have told me I would be living and working this way, just three years ago, I would have laughed out loud.  I had always been a big believer in lawyers having a brick-and-mortar space.  I thought clients expected it and would flee if I went virtual.  But I started tracking the data in 2016 and noticed that over 80 percent of my clients never stepped foot in my office.  They hired me based on personal recommendations from other attorneys or past/current clients.  They didn’t need to see me or my space in person.  My client base was getting younger, more tech savvy, and simply preferred to do business over the internet.  Based on my review of the data, in 2018 I did what I had previously considered unthinkable: I took my five-employee, mid-six-figure law firm virtual.  I closed my brick-and-mortar space and quickly grew my business into a seven-figure law firm in less than nine months.

My clients have access to me through telephone calls, Zoom video calls, email, and of course, in-person meetings when I come back one week each month to attend depositions, hearings, and mediations.  I won’t lie, I call that one week “hell week” for a reason.  My days start at 7 a.m. and ends almost at midnight.  But it’s only seven days out of each month and to me, it’s worth it.

From a business perspective, going virtual freed up over $5,000.00 per month in our law firm budget (no more rent, electric bill, alarm system monitoring, office snacks, etc.).  But the most important and valuable change I’ve seen is in my personal life.  I’m more connected to my husband and kids than ever before.  Three weeks out of the month, I drive them to and from school and soccer practice and tuck them in each night.  We are living a healthier lifestyle, walking everywhere we can, eating more fresh fruits and vegetables, and spending our weekends immersed in nature.  We spend our nights and weekends swimming in cenotes, floating through underground rivers, snorkeling with sea turtles in the ocean, combing the beach for shells, exploring ancient ruins, and visiting different cities across Mexico.  From the beautiful cobblestone colonial city of San Miguel de Allende to the peaceful translucent lake of Bacalar near the Belize border, Mexico has so much to offer.  Our kids don’t have time for tablets and video games — they’re too busy identifying the bugs, lizards, snakes, spiders, and birds in the jungles that surround our magical city.  They’re learning a new language and absorbing a culture that puts family and community ahead of material possessions and competition.

I hope that my story has inspired you to consider transforming your brick-and-mortar law firm into a virtual one.  You can certainly do so without moving your family thousands of miles away to a different country.  But once you are virtual, the opportunity to at least travel more is a fantastic one and I hope that you take advantage of it.

Earlier: Mothers At Law: Achieving Meaningful Success In The Legal Profession

After 11 years of practicing law in a brick and mortar firm, Chelsie M. Lamie, a personal injury attorney, moved her family to Mexico and took her six-person law firm virtual in 2018.  She returns to the Tampa Bay area one week every month to meet with her clients, and to attend depositions, mediations, hearings, and trials.  Chelsie is a 2002 graduate of the University of Tampa and a 2007 graduate of Stetson University College of Law.  Prior to attending law school, Chelsie was employed by an international insurance carrier as a bodily injury and general liability claims adjuster.  Chelsie has been married to her husband, David, for 18 years, and they have two fantastic boys, five-year-old Michael and three-year-old Henry.  Chelsie and her husband are certified scuba divers and travel enthusiast.  Chelsie and her family have visited 60 countries and are working towards visiting the remaining 130+ in the next 15 years.