Zimbabwe never retrieved the 82 bodies swept away a year ago by Cyclone Idai – The Zimbabwean

Landslides wiped out entire hillside villages in Zimbabwe. Many people who lived there were plunged along with their homes into rivers that soon rose high enough to sweep away yet more villages in the lowlands and deposit lifeless bodies as high up as the canopies of the trees of the flood plain of central Mozambique’s Buzi River.

At least 82 Zimbabweans were swept into Mozambique, where locals promptly buried them, thinking of the dignity of the dead, rendered unrecognizable by the vicious torrent. But family members have yearned for the bodies of their loved ones to be returned. The government made promises to retrieve the bodies, no matter the challenge of identifying them.

A year later, not one body has been retrieved, and the families that survived have all but given up hope of ever knowing the fates of their kin.

“We need closure. The truth will set us free,” said Julliet Machangira, 26, who lost her two sons, Tadiwanashe, 4, and Lovemore Maute, 12. She and thousands of others remain in camps run jointly by the United Nations and the Zimbabwean government.

“The government promised us money to go to Mozambique to do our own search, but that was the last we heard about it,” she said. “I want to talk to the locals who buried the floating bodies to identify my sons.”

The government minister tasked with repatriation and reburial, July Moyo, did not respond to repeated calls and messages.

Because of the haphazard burials that mixed bodies from Mozambique and Zimbabwe, the cyclone’s true death toll is unknown, but it is likely that more than 1,000 died. Many were swept down the river to the sea, making retrieval even harder in some cases. Yet more may have been eaten by the river’s crocodiles.

Families conduct traditional rituals at a grave site for victims of Cyclone Idai that hit Ngangu, a township of Chimanimani, in March 2019.Families conduct traditional rituals at a grave site for victims of Cyclone Idai that hit Ngangu, a township of Chimanimani, in March 2019. (Zinyange Auntony/AFP/Getty Images)

Only one forensically trained body recovery specialist, Stephen Fonseca of the International Committee of the Red Cross, worked in Mozambique after the cyclone. With the help of locals, he tracked down where hundreds of victims were buried and recorded coordinates of the sites, leaving open the possibility that they could one day be unearthed and identified. But the challenges go beyond simply finding the bodies.

“This disaster was the opposite of a plane crash, where you know the passengers’ names, you know how many there were,” Fonseca said. “Simply put: not everybody will be found. We don’t know and we will never know how many were swept away, or stuck under debris in the riverbed, for instance. And even if you know where the bodies are, which ones do you exhume? How could you know which ones came from Zimbabwe?”

Heat and moisture also damage DNA over time, and most if not all of the bodies would have been subjected to extremes of both in Mozambique’s tropical climate.

Identification of the bodies might in some cases still be possible, but Zimbabwe’s promise to the victims’ families was a long shot from the start.

In this photo supplied by United Nations Capital Development Fund, children and a teacher walk past a United Nations Population Fund health center on Feb. 28, in the Mandruzi resettlement neighborhood, in Beira, Mozambique, for people displaced by last year’s cyclone.In this photo supplied by United Nations Capital Development Fund, children and a teacher walk past a United Nations Population Fund health center on Feb. 28, in the Mandruzi resettlement neighborhood, in Beira, Mozambique, for people displaced by last year’s cyclone. (Karel Prinsloo/Arete for UNCDF Mozambique/AP)

Kuda Ndima, 37, also lost two children during the storm — her 12-year-old son, and a baby she was five months pregnant with, which she miscarried after she was swept 300 yards downstream and hit a boulder. The sense of loss she feels is compounded by the government’s inaction.

“They lied to us saying they would help with the repatriation and reburial, but they are doing nothing about it,” she said. “We wish they could even make a grave for the unknown victims, like a memorial. Instead, they are just folding their hands as if nothing has happened.”

Moyo’s local government ministry had also promised survivors new homes, which never materialized — the same goes for many roads and bridges in the region. Along with hundreds of thousands in Mozambique, Zimbabwe’s survivors still live in camps. Most of the displaced were subsistence farmers, and the World Food Program forecast another lost harvest season ahead.

“The upcoming April-May harvest is expected to be relatively good in the region, but few of the 250,000 families whose homes were damaged by the cyclone have been able to return to their villages, let alone rebuild,” said Deborah Nguyen, a WFP spokeswoman. “Most are enduring high levels of food insecurity, meaning they do not eat enough, borrow what they can from relatives or friends, forage for less-than-nourishing wild foods, and continue to need outside help to survive.”

An aerial view taken in Beira, Mozambique, on April 1, 2019, shows the Picoco refugee camp where 2,000 displaced people were looking for shelter.An aerial view taken in Beira, Mozambique, on April 1, 2019, shows the Picoco refugee camp where 2,000 displaced people were looking for shelter. (Guillem Sartorio/AFP/Getty Images)

Both Mozambique and Zimbabwe have weak governments that rely on humanitarian aid to feed large portions of their populations, despite ample agricultural land. Successive floods and droughts have diminished output, but government mismanagement has led to widespread food and water shortages, especially in Zimbabwe.

Since the ouster of former president Robert Mugabe in late 2017, Zimbabwe has been run by Emmerson Mnangagwa, one of Mugabe’s closest allies. He has been accused of the same cronyism and patronage politics that kept Mugabe in power for nearly four decades, and his government faces steep international sanctions that have damaged the local currency and left the economy in tatters.

Mnangagwa’s wife, Auxillia, released a statement on Sunday that marked the cyclone’s anniversary in which she admitted that little has been done to help the victims.

“A year on, we are reminded that the effort needed for survivors whose homes and livelihoods were destroyed is still enormous. There are thousands who are still in makeshift shelters who need proper homes,” she said. “There are thousands who need food and clothing and even thousands more who need economic support to engage in farming.”

A story from Zimbabwe’s campfire – The Zimbabwean

This is not a letter about Cornavirus, it’s one for the campfire when next you get there and I write it today for everyone struggling to save lives in this dark time in our history.

On a steaming hot night when even the thinnest sheet was too heavy and wet with sweat, a friend and I decided to drag our mattresses outside and sleep under the stars. It had been a scorching day with temperatures up in the 40’s (Celsius) and finding respite from the sun hadn’t been easy with the trees still mostly bare of leaves and hardly a breath of air stirring in the late September sky.

Tales around the campfire earlier that evening had of course included allegations, denials and much laughter about our last trip here when allegedly I and my two girl friends had gone on a mega bird watching foray the moment we arrived because someone had seen the Narina Trogon. When we got back to unload the car an hour later, babbling and excited, our old friend Steve had unpacked everything on his own and was not amused; not even placated by our scores of photographs of the magnificent bird or our assurances that people came to Zimbabwe from all over the world to see the Narina Trogon.

For a while it went quiet in the darkness as the four of us watched the fireflies flickering their silent signals to their mates and then a Pookie (Night Ape) came down a thick vine and ever so carefully lifted a chicken bone off the braai with its long fingers before hastily disappearing back into the darkness. Pookies eat meat? That was a first for me and a reminder that there’s always something new to learn if you take the time to watch.

It wasn’t long after we’d all turned in for the night that Steve and I carried our mattresses outside. Steve wanted to go under the trees but I wanted to see the stars so we lay looking up at the spectacle in the night sky. Watching for shooting stars I fell into a deep sleep and was woken by the sound of urgent whispering: “hippo, hippo!” In the direct beam of the torch light two huge hippo were grazing about 25 metres away and obviously coming in our direction. “Switch that ***** torch off!” I exclaimed knowing from past encounters that hippos, elephants and bright lights at night don’t end up at all well. What happened next is a bit of blur. I said run and in the pith black we ran, I tripped over and lay on the ground desperately calling: “help, help I’ve fallen down.” A foot hit my hip, a hand came down and rescued me and we ran, staggered and stumbled in the direction the chalet, almost going through the wall when we got there. From the safety of the verandah, hearts pumping, Adrenalin racing we shone the torch low so as not to dazzle them and the two hippo, completely unconcerned by our absurd midnight dash, were grazing ever closer to our abandoned beds.

It was going to be some time before we could rescue our beds and taking turns to swig from a bottle of Amarula seemed as good a way as any to pass the time,  steady our heart rates, giggle at our stupidity and swop more tales about adventures and encounters in our beautiful Zimbabwe. The next morning when the others emerged from the chalet and found us headachy and hung over on the verandah the story of the hippos in our beds grew ever more exaggerated in the re-telling.

Wherever you are in the world today, I hope you can find a happy memory to make you smile and give you hope. I especially want to thank all the people who can’t go to into isolation at this time as they work to keep people alive, systems functioning and maintain the essentials of modern life that we usually take for granted. Thank you to so many people in so many countries for years and years of reading my Letters from Zimbabwe and my books about life in this beautiful, temporarily broken country. With love from Cathy. 22 March 2020. Copyright © Cathy Buckle.  http://cathybuckle.co.zw/
For information on my books about Zimbabwe go to www.lulu.com/spotlight/ CathyBuckle2018 . For archives of Letters From Zimbabwe, to subscribe/unsubscribe or to contact me please visit my website http://cathybuckle.co.zw/

Post published in: Featured

Traveling without maps – The Zimbabwean

The Corona Virus has crept up on us – as it were from behind – and jumped on us and now we are scrambling with the consequences. I have read one theory – it is no more than a theory – that there is a connection between fertility rates and the immune system. So, the theory suggests, the artificially induced low fertility rate, with its consequent aging population, in China – the one child policy which was obligatory until four years ago – may have something to do with the origins and high incidence of this disease. This theory may prove to have no basis but at least it has the merit of alerting us to the possible consequences of artificially upsetting the fine balance that exists in nature.

I am always awed by the fact that there is only a tiny slice of the universe where life can exist. If you travel up into the sky beyond 11 kilometres or so, you cannot breathe without elaborate mechanical back up. The same applies if you plunge into the depths of the sea.  We are limited beings and jump our boundaries at risk.

That is why the news that the waters of Lake Kariba, the largest man-made lake in the world, have dropped six meters in the past three years, fills us with concern. In our drought prone region of Africa it is unlikely that the waters will rise again to their normal level any time soon.  What is more likely is that they will continue to drop. What if the Zambezi were to dry up? We, the Jesuits of Southern Africa, have a prayer we say about our growing integration in the SADCC region. ‘Nourished by the waters of the Zambezi, the tree of faith grew and spread its roots …’ It is a nice fudge of physical and spiritual images but it does express our consciousness of this vital source of life: the river that runs through us.  One of our countries has even taken its name from the river. But soon we may no longer ‘be nourished’ by those waters.

For the first time in history we live in a world ‘on edge’: we can destroy ourselves. In the late twentieth century we had the nuclear threat and then the HIV pandemic. In this century we have already experienced the financial crash, global warming – and now this. In John’s gospel, chapter 9, there is a powerful story of a man born blind. He represents us.  What is striking in John is that Jesus does not just cure him and the man goes off home happy.  He discovers that he can see not only with his eyes but with his mind and heart.  He has to fight his way through opposition from the bystanders, his own parents and the rulers of the time. These last abuse him and make him an outcast but this only strengthens his resolve. He ends up strong and sure of himself.

The crisis we face can do the same for us.

22 March 2020                        Lent Sunday 4 A

1 Samuel 16:1…13      Ephesians 5:8-14         John 9:1-41

Post published in: Featured

The Law Firm Coronavirus Layoffs Are Here — See Also

The Legal Industry Feels The COVID-19 Pinch: Law firm layoffs.

How’d They Think We Wouldn’t Notice? Of course the public would find out when senators dumped stock before the pandemic reached a fevered pitch.

Technology Is The Worst: Judges learn the hard way.

What If The Bar Passes On Itself: Are we gonna have this test?

Lessons In The Law Of Defamation: Sean Hannity edition.

Rich Weber Dies Of Coronavirus Complications: Rest in peace.

The World Is Not Canceled


Olga V. Mack is the CEO of Parley Pro, a next-generation contract management company that has pioneered online negotiation technology. Olga embraces legal innovation and had dedicated her career to improving and shaping the future of law. She is convinced that the legal profession will emerge even stronger, more resilient, and more inclusive than before by embracing technology.  Olga is also an award-winning general counsel, operations professional, startup advisor, public speaker, adjunct professor, and entrepreneur. She founded the Women Serve on Boards movement that advocates for women to participate on corporate boards of Fortune 500 companies. She authored Get on Board: Earning Your Ticket to a Corporate Board Seat and Fundamentals of Smart Contract Security. You can follow Olga on Twitter @olgavmack.  

Continued Evolution Of Whistleblower Law

Last fall, Senators Chuck Grassley, Tammy Baldwin, Joni Ernst, and Dick Durbin introduced the Whistleblower Programs Improvement Act, which protects financial whistleblowers who report internally from retaliation. This law mirrors the Whistleblower Protection Reform Act of 2019 which passed in the House of Representatives last spring. It is similarly aimed at clarifying that the Dodd-Frank Act’s anti-retaliation provision applies equally to employees who report alleged misconduct directly to the SEC and to employees who only report alleged misconduct internally to their employers. In 2018, the United States Supreme Court ruled in Digital Realty Trust, Inc. v. Somers, 38 S.Ct. 767 (2018) that the plain language of Section 922 extends anti-retaliation protection to employees who report misconduct directly to the SEC.

Then, over the summer, the SEC announced two separate whistleblower awards which total more than $2 million.  In late July 2019, the SEC announced its award of a half-million dollars to an overseas whistleblower whose “expeditious reporting helped the SEC bring a successful enforcement action.” As it generally does, the SEC declined to provide information about the enforcement action or the identity of the whistleblower who provided the helpful information.

Then, in late August 2019, the SEC announced a second award of $1.8 million to a whistleblower who provided  information and assistance “critically important” to success of an SEC enforcement action involving improprieties committed overseas. According to the SEC, the whistleblower provided “extensive and ongoing cooperation” during the course of its investigation, including reviewing documents and providing sworn testimony. At the same time, as reported the SEC, the whistleblower further continued to provide “additional and new information” that advanced the agency’s investigation. At the same time, the SEC specifically pointed out that, because the misconduct in this case occurred overseas, absent the whistleblower’s tip and assistance, the misconduct would have been difficult for the SEC to identify.

With these most recent awards, the SEC’s whistleblower program has awarded a total of approximately $387 million to 66 individual whistleblowers since beginning the program in 2012.

Of course, this is only one area of the changing law that affects practitioners who represent whistleblowers.  At Balestriere Fariello, we constantly monitor all statutory and case developments and bring a team of ivy-league educated and big-firm trained lawyers who apply decades of prosecutorial and litigation experience to assist whistleblowers bring claims and qui tam actions at the federal level.  Because of our diverse backgrounds and both extensive and diverse complaint drafting experience, we are able to move very rapidly, which is precisely what is essential to preserve a client’s position and maximize the benefit of our courageous and savvy clients who take a stand against individual and corporate malfeasance.  Our goal has always been to provide stellar representation while working tirelessly to advance the interests of those who take a stand and who want to safeguard their honest and law-abiding colleagues as well as all fellow citizens.


Daniel McGillycuddy has over 30 years of experience in handling complex, high-stakes criminal and civil matters. He is a partner at the trial and investigations law firm Balestriere Fariello in New York, where he and his colleagues represent domestic and international clients in litigation, arbitration, appeals, and investigations. You can reach Dan at daniel.m.mcgillycuddy@balestrierefariello.com.

Legal Publishers Roll Out COVID-19 Resources, Toolkits, Alerts, Advice (Some Even Free)

(Image via Getty)

Legal publishers have thrown their considerable editorial and technical resources at crafting new documents, pages, and toolkits to help lawyers locate everything from emergency pandemic declarations to drafting an SEC disclosure about the impact of COVID-19. Lawyers need to untangle the myriad legal issues impacting virtually every area of legal practice. We are surely witnessing the emergence of a new pandemic law practice over the course of several weeks. I have summarized the landscape of tools produced by legal publishers to help lawyers get oriented and “jump start” their practice in the “new normal” of law in a time of pandemic.

Bloomberg Law has created a special resource page In Focus: Coronavirus, which offers news, guidance documents, and trackers including the State Quarantine and Public Health Laws, Court Responses to COVID-19, and international and federal agency information regarding the pandemic. The Coronavirus Tax Watch page includes the latest news on the evolving tax landscape in response to the business and economic impacts of Coronavirus; developments across federal, state, and international jurisdictions; convenient links to IRS guidance, legislative documents; and more. Subscribers can get alerts on new tax developments, including Coronavirus policy decisions and legislation by registering for Tax Regulatory Alerts. The resources are limited to subscribers. However, Bloomberg is offering 30-day free trials.

CQ.com, the legislative and policy powerhouse, has created special pages and resources. The CQ Coronavirus Pandemic page is updated 24/7 with documents, transcripts, breaking news, and more. The headlines can be viewed by anyone but access to the documents requires a subscription. There is a page with comprehensive coverage of HR6201, the Coronavirus Bill.

The Fiscal Note Coronavirus Resource page offers a nightly COVID-19 podcast of developments and a free daily newsletter that are both available to nonsubscribers. The page is aggregating ALL policy-related content (US, EU, State, etc.) that CQ is producing on COVID 19, including webinars, transcripts, reference materials, “best practice” resources, documents, news, and podcasts.

Intelligize is a LexisNexis company which focuses on securities regulatory and enforcement practice needs offers several resources. Insights and Analysis –- Intelligize editors are closely monitoring how issuers and the SEC are responding to the crisis. The Insights and Analytics page provides an analysis of what companies are doing and how they are disclosing coronavirus issues to their shareholders and the SEC. Each article includes free access to the actual filings, and where possible, they have pulled out key data points to help issuers tackle disclosure obligations as conditions evolve. Intelligize has a research team which has developed search strategies related to COVID-19 to access the information companies need quickly. Those searches are available within the product under Sample Searches. The Coronavirus and SEC disclosure has many links that prepopulate the search criteria in the product for SEC precedent on particular reporting topics.

Law.com — According to Molly Miller, Chief Content Officer at American Lawyer Media, ALM launched a free COVID-19 news site more than two weeks ago on their Instant Insights page. The ALM page provides updates on law firm and court decisions to close or stay open, tips for working from home shared by remote lawyers, as well as global updates so readers can understand not just what is happening in the US but across offices around the world. They are covering the global pandemic at the Global Lawyer page. On March 10 they posted an  article summarizing law school responses to COVID-19 with closings and online classes.

Law360.com — Last week LexisNexis announced the availability of a free Law360 newsletter dedicated to COVID-19. The newsletter includes breaking news, in-depth features, and expert analysis and commentary on all things relating to COVID-19 and the law. A press release described the content: “Its comprehensive coverage and content illuminates how the global pandemic has impacted the legal industry and the practice of law, as well as the U.S. court system, federal agencies, industries, businesses and more. “The free content is available at Law360 – Coronavirus or delivered via electronic newsletter.

Lexis Nexis — To help U.S. attorneys manage the evolving COVID-19 crisis, Lexis Practice Advisor has developed a free Coronavirus Resource Kit covering a wide range of topics across multiple practice areas, such as employment, contracts, and more. The Resource Kit addresses emerging issues and offers guidance relating to COVID-19 and the law, including content, forms, and other resource materials. The toolkit can be downloaded for free after filling out a form.

Practicing Law Institute offers members Coronavirus Developments, to inform on legal developments, changes to CLE requirements, PLI programs updates and more. They currently have an on-demand program Coronavirus: What Lawyers Need to Know.

LexBlog –-  The Coronavirus Legal Daily. The Lexblog legal publishing platform for lawyers has launched a Coronavirus news site.  The Daily aggregates blog posts from members of the LexBlog network, which includes content from the global Lexblog network. The posts include a wide range of issues arising from the Coronavirus pandemic, including legislative and regulatory developments, legal issues relating to the pandemic, court actions, practice guidance, and other legal developments.

Thomson Reuters (Westlaw/Practical Law) was one of the first to launch a Coronavirus toolkit. The Practical Law Global Coronavirus Toolkit offers collections of resources organized by country. Content includes Practice Notes, Standard Documents, Checklists, and other resources covering a range of public health emergency and disaster preparedness topics applicable to attorneys and professionals located in the UK, US, China, Australia, Canada, and New Zealand. All resources within the Key Global Response: COVID-19 section are available free of cost. In addition, the Thomson Reuters news site has a COVID-19 resources page.

Westlaw also has a custom Coronavirus page for subscribers that offers a menu of primary and secondary sources materials containing useful material related to COVID-19.

Wolters Kluwer Legal and Regulatory has a free Coronavirus page that is being curated by WK editors and includes stories and other resources related to COVID-19.

Help for print subscribers. Since many print subscribers are working remotely and  no longer have access to their print libraries Wolters Kluwer is offering online access for print subscribers under a free trial. Contact your rep for assistance.

Voxgov — Although Voxgov does not have a dedicated coronavirus page, it is a unique repository of  legislative and regulatory material gathered daily from thousands of federal websites. Coronavirus materials can be located by keyword and alerts can be set up to deliver documents related to COVID-19 from the federal government as they are released.


Jean O’Grady is a knowledge strategist/librarian/lawyer with over 30 years’ experience leading the transformation of research and knowledge services in Am Law 100 law firms. She is the author of the Dewey B Strategic blog, which monitors the evolving landscape of technologies and companies that are transforming the business and practice of law.

Naming Names: The Unsung Heroes Of The Coronavirus Pandemic

Cheryl Mostrom Cecil and Dean Seiveno

The past two weeks have felt more like two months. Awareness of the coronavirus has thankfully spread at least somewhat faster than the virus itself, and America seemingly transformed over the course of a few days from a bustling megapower to the land of 327 million shut-ins.

Things seem bleak. In no particular order: thousands have died worldwide, and countless are sick; most public gathering places are closed; employment has been disrupted; basic medical provisions are already in short supply; and our healthcare system is preparing to be overwhelmed. Meanwhile, the virus continues to spread. We’re stuck in our homes, trying to get work done, trying not to compulsively check the news for updates, and no one knows how long we’ll have to stay like this. We’re living through a period that will be taught in our grandchildren’s history books, and it’s damn stressful.

But adversity creates heroes. Within my own firm I’ve seen leader after leader stepping up and sacrificing of themselves to help their colleagues through this difficult time. While I don’t generally discuss details of my own firm in this space, today I’m breaking that rule and naming names of some — but far from all — of the extraordinary examples of foresight, hard work, and selflessness I’ve seen these past few weeks.

Everyday Greatness

You can’t prepare for a problem until you realize the problem exists, and for that I have to give huge credit to Dean Seiveno, our Chief Enterprise Officer. Dean put the coronavirus situation on the firm’s radar way back in January, when it was still seen as a distant problem confined to China. Dean saw the problem that coronavirus could grow into, however, and began working with others in the firm to plan and prepare for the issue long before it was common to do so.

A centerpiece of the plan Dean helped spearhead was equipping and training every single employee of our firm to work remotely if and when the time came. Some called the planning an overreaction — a needless exercise for something that likely wouldn’t affect the U.S. or the firm. Dean knew better. He soldiered on, working with others to put contingency planning in place while still meeting the firm’s general technology needs. Beyond that effort, Dean led the charge to coordinate with other firms’ enterprise and IT teams to share best practices and spread their knowledge as far as they could. Because of their efforts, the transition to remote working and social distancing in the office has been far smoother than it otherwise would have been.

When the shutdown began, our Chief People Officer, Cheryl Mostrom Cecil, was on the front lines. Our firm’s planning, which Cheryl played a critical role in, helped us deploy our COVID-19 plan without causing panic, but that left her in the center of a firestorm of inquiries about school closures, travel situations, PTO issues, and every other type of question that might arise about the human impact of the coronavirus. Cheryl answered every single one of those questions. She didn’t use templates; she took the time to craft a thoughtful, tailored response to every inquiry she received.

Once last week I left the office around 10 p.m. As I was leaving, I stopped by Cheryl’s office, where she was still typing up email responses. I said “I hope you’re going home soon.” She responded “I’m right behind you, I just want to get back to a few more people.” Foolishly, I believed her. She stayed up, late into the night, putting our people at ease and providing them access to resources to keep themselves and their loved ones safe. She prepared a comprehensive FAQ for the entire firm to access. She calmed fears and soothed worries.

Day after day, question after question, Cheryl keeps going. If we don’t have a policy in place, she proposes a pragmatic one. When employees need to talk, she picks up the phone. All of this has had great cost to her personal life. She’s put sleep on the backburner. She’s put her life on hold. And she’s done it for no reason other than she cares about people in ways that transcend any written job responsibilities or org chart. This is not about “doing the job” for Cheryl. It’s about doing what’s right.

Caring For Those Who Care For Others

The heroes I’ve mentioned above are extraordinary, but they’re drawn from the small subset of my colleagues I get to see on a day-to-day basis. We’ve had similar examples throughout our firm. I know there are many other brilliant, self-sacrificing people working every day to ensure operational continuity at firms and businesses around the world. There are heroes at every level, in every job, in every office, who deserve to be seen for what they’re doing.

The coming weeks and months will test even the best-prepared firms. For those firms that make it through to the other side, allow me to suggest that any success they might see probably didn’t come from a wise managing partner or a brilliant practice group chair, some great individual who saw the future and rose to meet it. Rather, the real leadership in a crisis comes from the trenches. It’s the people who don’t get the spotlight, but who put in the hours, come up with the good ideas, develop and implement the fine detail work, who make success possible. They don’t plan for accolades, and in many cases won’t receive them, no matter how meritorious their work has been. But they work tirelessly, compassionately, and thoughtfully to care for others, and for that they can’t be commended enough.

And unfortunately, they often aren’t commended enough. Undervalued MVPs like the ones I’ve described here are often not firm attorneys. As a result, they often fail to receive their full measure of credit for their accomplishments, because a law firm’s successes are usually presumed to stem principally from attorney efforts. That presumption is wrong, and it makes their accomplishments all the more noteworthy. As a rule, they’ve figured out how to do their jobs effectively and efficiently, despite the resistance they routinely receive from the lawyers they support, who tend by nature to be skeptical, critical, and resistant to change. Despite not having a J.D., or perhaps because they don’t, these humble leaders are the beating heart of any firm.

To my fellow firm leaders reading this, please do me a favor these next few weeks. While you take care of your people, look out for those who are taking care of others. Search out the people outside the spotlight who are putting others ahead of themselves, and let them know they are seen and appreciated. When push comes to shove, it’s those quiet heroes who make all the difference.


James Goodnow

James Goodnow is an attorneycommentator, and Above the Law columnist. He is a graduate of Harvard Law School and is the managing partner of NLJ 250 firm Fennemore Craig. He is the co-author of Motivating Millennials, which hit number one on Amazon in the business management new release category. As a practitioner, he and his colleagues created a tech-based plaintiffs’ practice and business model. You can connect with James on Twitter (@JamesGoodnow) or by emailing him at James@JamesGoodnow.com.

Federal Judges Botch Simple Technology In Latest COVID-19 Fail

There are a lot of interesting tidbits in this National Law Journal piece about telephonic oral arguments at the D.C. Circuit. Judges were dropped from the call during presentations, weird noises dominated the line, and they’ve already switched around the technical setup a day in.

But really the only thing that matters is the kicker Jacqueline Thomsen chose to end the piece that puts the disaster that is this whole affair into sharp relief:

The technical difficulties in Friday’s proceedings didn’t end up with the arguments: Afterward, Rogers began to ask the other judges on the line if they wanted to set up a conference call.

But an electronic voice broke in, and cut off the judge. “We’re sorry, your conference is ending now,” the voice said. “Please hang up.”

We’re all going to die.

‘It’s Kind of a Mess’: Phone Arguments Get Rocky Debut at DC Circuit During COVID-19 Pandemic [National Law Journal]


HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.