Monday, September 21, 2015

My thoughts on Florida reciprocity

I will never understand while the Florida Bar believes that someone straight out of law school is more qualified to advise clients on legal matters having taken the  exam just a few weeks earlier than someone who actively practiced in another State for many years. I also have hard time grasping why attorneys who have taken the Bar exam in another American jurisdiction, passed it, then made a living working in the profession within a legal system very similar to ours are treated as if they practiced law in another country. The only thing that cures that is of course- taking a two day exam side by side with recent graduates. Here's where I think we lose sight when talking about reciprocity and whether or not Florida should adopt it. We're not talking about opening the floodgates and swearing in everybody who just wants to practice law. We're not talking about allowing people without Juris Doctor degrees to sit for the bar. We're not talking about abandoning the requirement that the schools running those programs be ABA approved. Some jurisdictions do allow foreign LLM graduates to take the exam. Others make provisions allowing formal legal education substitution. But- at the same time- States that do that have the reputation of having some of the hardest exams in the country. And I say - good luck to applicants trying that route, they will need it.

And I say that- in the interest of full disclosure- as someone- who after graduating with a law degree from a different country and an LLM from Florida, actually went back, got his Juris Doctor, took and passed the Florida Bar exam. I'm a Florida attorney- but also taking advantage of the admission on motion rules in DC- a Washington DC attorney. Being sworn in and practicing in DC opens me up to reciprocity in a large number of under States, that Florida itself didn't. It just takes longer. So, here's where the bottom line is for me- all of us (or most) went to ADA approved schools following the same guidelines. We've taken exams that had the same parts like the multistate section day or the MBE. We were also required to pass the ethics exam- the MPRE, on which I hate to brag I scored pretty high. The only thing that is truly different is the "state portion", on which we write essays and solve multiple choice tests. But even then large amount of what we have to express is still pretty similar. With some "state distinctions" we have to memorize over the multistate concepts. Often in review classes they are taught more as an afterthought, or a list we have to memorize. So, what is it about Florida that makes it more hermetic in how it administer the admission to the legal profession,  how are we more unique than New York or Illinois. And are we really helping the clients or just keeping the gates closed for those that are already in? And I understand that the Bar needs to set the standards for admission and monitor the quality of the services rendered. I just don't think that sealing itself from the rest of the country, ignoring the talent and experience of all those other lawyers is the proper way to do it. I know- there's ninety thousand of us. And if Florida offers any type of reciprocity- there will be more. Some of us have a hard time getting legal work as it is. I know that traditional law firms have not been exactly rushing to hire me either- but it is a time to adapt.

When somebody asks me how to go about locating a lawyer, I often tell them to find someone experienced and local. Yes, I know some people collect jurisdictions like badges, but to me it's never about how you got your Bar card, but are you physically there. Have you dealt with the peculiar ways courts in your area do things and can you assist someone if a matter escalates. Ten, eleven bar memberships may look impressive on a resume- and if you're willing to move here- great. If not, I don't think it speaks much about your ability to help a Florida client.

Monday, September 14, 2015

Wheelchaired Anger- for somebody else.

The response to our Wheelchaired For A Day challenge from the disability community has been overwhelmingly positive so far. In a manner that feels more like punishment or payback some have pointed out, that now the able-bodied get to experience what they've had to endure for years. Finally, someone will show them what it's like type of feedback. Others have asked about the program guidelines and how to launch it in their city. That their city should be next- a reaction we got from places across the country. The only people who have not gotten it and have a hard time getting it still, are the ones who themselves can walk. And this is strangest thing- those are the people that typically have a brother, a father, a best friend who is in a wheelchair. Through interaction or osmosis they believe they have absorbed the disability perspective without having to experience it themselves. They watch from the outside, so they assume they know what it's like. Yet, they refuse to try it and find out for themselves. Because they feel that being curious about what it's like is wrong. Like it takes away from what the brother, father, or friend experiences. These are the people that get outraged- but somebody else's behalf. And I have no use for that. I mean if a person in a wheelchair reached out to me and said- I don't like it when someone who walks tries to experience what I go through we could definitely talk about it. But when you get upset over experiences of other people because you assume you know what it's like, not something you know first hand but your interpretation of it, what you believe a person in a wheelchair should feel, well I don't know how to argue with that. Because I draw from my own life, things that actually happened to me and how they made me feel. I know I don't get enough understanding and empathy from my community for these types of causes so I'm trying to built up what I'm missing. The best way to have someone think of something is not talking to them about it, it's having them experiences. Those who refuse to do it because of the father, the brother, the uncle or a friend basically see a wheelchair as a taboo, as something shameful, as something we must tolerate because there's no alternative- but it seems to me, whether they admit it or not- they feel that being in a wheelchair itself is shameful. Most recently, our Drag Queen participant was nearly denied admission to the club and the DJ threatened to not play her music. And you have to wonder: What is this pushback? Why are those angry, negative reactions from non-wheelchair users so strong? Is it because they fear it? Is it because they see it as something final, they point of no return? I see it as a tool. One that helps me get around.

Monday, September 7, 2015

Wheelchaired: Technology failures

13 able-bodied people agreed to sit down and use a wheelchair for 24 hours for us last month. We produced more before, after, and "during" video content than we ever imagined. As the pilot stage of the challenge finishes we have to sit down, look over everything and decide how to use all this content. First thing that we noticed, is that material we have goes beyond simple 2-3 minute profile shorts we originally were planning on and it would be a shame to waste it, not to make it accessible to public in some form. We need to decide what it's gonna be, who's gonna be doing it and how we're going to get it to them. It's over 84GB of video so far. The other thing we need to acknowledge is the role of technology in the entire process. We've used multiple devices to film it all (as videographers would not be available for most of it after all) and between our Windows tablets, iPhones, LG and Blackberry phones we've all had situations when a device would not record and refuse to save a video mid-filming. The other issue was getting our output onto a cloud for student volunteers to work on them. Our Wifi access soon proved too slow to upload and download any type of content, the applications for both Google Drive and Box would simply not cooperate and created a host of issues. Getting the videos to our accounts required a lot of patience and starting over. There has to be a better way to do this, we just haven't figured out what it is. But syncing our phones, tablets and computers isn't as smooth as the service providers made us think. And this again made me think once more on the extent we rely on and put our faith in technology. It reminded me of something that happened to me a few months ago. I decided to take a friend to see the Terminator film, a movie yet again about technology gone bad. I didn't want to wait in line, so I decided to get the tickets online. Problem number 1: All my printer cartridges depleted at the same time. Isn't it always the case? As soon as you need to print something, you can't.  No issue, I thought - I can get a bar code on my phone. We get to the theatre and as soon as we get in I have no internet service on my 4G Sprint network. I'm waiting in line, the girl is waiting to scan my bar code, but I can't pull up the ticket! Luckily I was able to text the link to my friend. And then we watched the film. It appeared to be about an operating system that will launch in cell phones, computers and all other devices. I thought this movie was about eight years late. Windows and Google already are in all our electronics anyway. But with imperfect network coverage, cartridges, bad Wifi and batteries, the machines are not taking over anytime soon

Friday, September 4, 2015

Wheelchaired: Ending on a high note.

When you do a project for a month a certain routine an arrogance kicks in. But then life once again teaches you a lesson, brings you down and makes you humble. Last week we were set to interview two of our last Wheelchaired for A Day Challenge participants. We were all tired and stressed and then figuring out the schedule to have them come in and share their experiences became an issue. The logistics of picking up and dropping off the wheelchair really takes a toll on you after a while- especially since one of them asked not to be filmed on the first day and then both got sick and we were texting frantically back and forth to figure out who was coming back and when with a new scenario emerging every twenty minutes. I appreciate all of the people who took the Challenge, I really truly do. The stories that they shared were incredibly and surprisingly moving and some of the footage they shot was mind blowing. But we were ready to be done and I have to say, with all the complications a thought crossed my mind and I said to myself :"Do we really need it?" In my own arrogance I thought, "Well, maybe they don't need to come back, what can tell me, what can they show me that a drag queen and a Mayor of a local town haven't?" "How can you top that?" And as it turned out, in their own way, they did. We also thought we may have made a mistake scheduling two trauma nurses in a row, once again, wrongly assuming their experiences would be similar. My project manager, Susan felt we should finish the month by getting a teacher to do it, but we didn't give him enough time. And there was a slight disappointment- between all the hot and humid weather and riding on two city buses to get there she wanted to make the last one powerful.As we plan to expand the challenge into schools we thought this would allow it to end on a "high note". As a preview of what may come. But we did end on a high note, because we were not prepared for what the nurses told us. Often we gear up for yet another routine interview, but then something happens that blows us away. And I'm not just saying simply because everybody's story is important and everyone's perspective brings something new, which is all true.  Both of our nurse participants live together and work at the trauma unit. First one told us about her grandfather who had polio and worked for NASA. They way she remembered him was always in his wheelchair, that was his normal state for her. And he arranged his entire workshop so he can operate it from that position. She then decided to get a sense of what it must have been like for him so he took the chair to do crossfit.

As if that wasn't moving enough her roommate told us about her work. Since they live and spend most of their day together we thought their stories would be similar. Boy, were we wrong! She told us  that as a neuro trauma nurse she sees a lot of people coming in with injuries. On many occasions she knows that her patients will need a wheelchair for the rest of their lives even before they do. For her, it was a gesture of solidarity, but also to get a feeling of what that perspective would be like, although for them it's not a day and not something they signed up for. We were blown away by that statement and it's unlike anything any of our other participants could ever told us. We can't wait for all our videos to come our you will then understand- we could not have hoped for a better outcome. But then- that's our life lesson: Don't get jaded- you might just be amazed if you let yourself be surprised, and don't ever stop being humbled by what others share with you.

Monday, August 31, 2015

The Wheelchair is a Drag

Let me make one point clear: We were ecstatic when Chastity Rose, one of the most recognizable Central Florida drag queens agreed to spend a day in a wheelchair and then perform in it. I felt it sent a really powerful message about community coming together for an important cause. A community after all has different groups, that may not see eye to eye, but at the same time it's so much more than a sum of it's segments. We needed a strong presence in the LGBTQ segment and we got it in the form of a loud, unapologetic, fierce performance. There was never a thought in my- or any of my board members' minds- that it may be inappropriate. We realized that for some people it may be too much, but then- not everybody will have the same appeal to everyone else. The mission was always clear- to have people of different backgrounds  come together for this project and incorporate a wheelchair into their lives. The only genuine concern that someone has was whether Chastity would approach the project seriously rather than as a prop to boost her performance. But here's the thing that nobody thinks about - and I often don't know how to express it without making it sound depressing. Disability can happen to everybody. You can be of any gender, race, color, religion, gender, profession- you could be walking one day and using a wheelchair the next. Our hope for anyone that finds themselves with a mobility restriction is that they would be able to go on with most aspects of their life as usual, to maintain the same level of social interaction, passion and character. What Chastity has done for us - and I hope this will become more evident when the video comes out- was to show that regardless of people's often shocked reactions it's OK. A wheelchair is a vehicle, it's a tool, it doesn't change who you are. So when somebody said, maybe it would feel rude, in your face, offensive perhaps, I thought I certainly hope so- Chastity Rose is a fierce performer who knows how to get her message across. If she's that way without a wheelchair I certainly hope she wouldn't be a different person when she needed one. We are all different people and we should all live our lives in ways allowing us to express ourselves best. Let's not give wheelchairs too much power to transform who we are. If at the same time we are able to generate some buzz, raise a couple of eyebrows and get people to talk, great- sometimes you need a stunt of sorts to get the ball rolling, because the issue is much bigger than Chastity's heels that night and more controversial that the title of her song. For our last minute press release our media list included The Advocate, Out Magazine, Queerty and The Rolling Stone. It was interesting- in the perspective of everything that happened that night, including- our headliner almost not being let into the club because of the wheelchair and Chastity's really thoughtful remarks- how everything we do as part of this project suddenly gets this new depth. It was so much more than just a performance, which would have been fine if that's all it was, because we need a bit of light spirited context as well. But that is a story for another day. Visit http://wheelchairedforaday.org to read more about the program. Visit http://fdaaf.org to learn about the foundation and ways you can get involved and support it.

Saturday, August 29, 2015

Happening Tonight: Drag Queen accepts wheelchair challenge

GAINESVILLE, Florida – As the Wheelchaired for a Day Challenge rolls through the city this

month, Chastity Rose Della Cruize, the reigning Miss Jacksonville Comedy Queen of 2015, is

planning her Saturday night show at the University Club around the Wheelchair Challenge.

“Officially, hell on wheels,” Della Cruize said of her decision to accept the Challenge.

Her 24-hour period in the wheelchair will include her performance in the 11:30 p.m. show at

the UC -- 18 E. University Ave., in Gainesville. Admission is $5 for ages 21 and above and $6 for

ages 18 – 20.

Della Cruize is known for combining her head turning performances with support for a range of

charitable causes. In addition to the Florida Disability Access and Awareness Foundation, she

has previously performed in support of the Barber Fund for HIV Awareness, Toys for Tots and

many others.

On a more personal note, Della Cruize said her performance this Saturday offers an opportunity

to wear a favorite pair of high heels. Otherwise, she said, the shoes have “too high a heel to

walk in, anyway!”

Video recording of her performance will be accessible at wheelchairforaday.org and in social

media at #WheelchairChallenge and #WheelchairedForADay, as well as on Facebook and

Twitter accounts for the Florida Disability Access and Awareness Foundation, a 501(c)(3)

charity.

The Wheelchaired Challenge is the Foundation’s pilot project. The Foundation works to develop

public understanding of issues that affect the disability community. The Foundation is

committed to empowering those with disability to enjoy the quality of life that all human

beings deserve.

Special thanks to NuMotion for loaning a state of the art wheelchair for the Challenge!

Wednesday, August 26, 2015

Wheelchair awareness between the lines

On Sunday, one of Gainesville's most recognized business owners and entertainers, Brad Heron took our wheelchair challenge and our wheelchair and went bar hopping in a different part of town. He decided to do what he normally does on that day and his staff went with him as always. We made sure that local news would be there as well.  Apparently TV20 featured him in a 6 pm story and the next morning we read all about it on the front page of the Independent Florida Alligator- or so we thought. If you read the newspaper story- you'd conclude that he had a nice time. Went to some clubs, took some shots for awareness. The experiences described were not entirely void of anything deeper. He turned some heads, made some people think. And if that's all that happened - it would have been good enough. Except that it wasn't were the actual story was. What Brad described to us a few days later and what the article covered seemed to be entirely different experiences. He came out of this humbled, inspired, somewhat changed. As we interviewed him on camera this Wednesday he told us he's still processing some of the things that happened and how he feels about it. It was only 24 hours and it's not an experiment he'd gladly repeat. It was frustrating when the elevator that takes you to the pub he usually goes to wasn't running. He'd call up the place to bring out the key and they ended up hanging up on him a few times. Finally, one of the people in his entourage went up there to get it and they were pretty upset. From what we heard, everybody that came with him was upset at one point or another. He couldn't get into the restroom, he couldn't go up and down as he pleased, he felt watched and that made him uncomfortable. Some people were patronizing, telling him he can "make it" as he struggled up a hill. Not your average Sunday night. What his crew believed would be a nice, breezy experiment for a good cause turned oddly personal for them that night. He'd twirl in a chair for a little bit, talk about the Foundation and his experiences- that was the plan but it became so much more. If his experience was as carefree almost as the newspaper described it, our mission would have been much easier. And I can understand if a newspaper catering to the student lifestyle, the bar scene and the pub scene was uncomfortable with the darker, somber undertones. What was strange was the fact that the story didn't mention the Foundation at all- although Brad talked about it plenty- and ignored most of our press release. And an interesting observation: the emotions and the frustrations were real, although the wheelchair used was part of staged experiment. And yet again, a participant talking about having his eyes open and wanting to help make things better. Brad's experience affected the Foundation as well. The young writer from the Alligator, the WCJB TV20 camera crew and his staff were not the only ones following him. The director we recruited for the segment, Mike McShane is now talking about developing the Wednesday material into a short documentary.  We've accomplished a lot that night- even if it's not entirely reflected in the Alligator story. Still, front page on the first day of school is nothing to sneeze at.