I was under no illusion of having been singled out, chosen for some particular destiny. But I did come to recognize in my good fortune the work of a blessing, a gift that made my life not entirely my own: I was not free to squander it if I chose. Gifts, Abuelita showed us, were for sharing with others. And though I was not given a mission, I had to find a worthy purpose, to earn this protection. The language of cause and effect would be misleading here, the implied exchange of one thing for another not relevant: suffice it to say, somehow a synergy of love and gratitude, protection and purpose, was implanted in me at a very young age. And it flowered in the determination to serve.
MY CHILDHOOD AMBITION to become a lawyer had nothing to do with middle-class respectability and comfort. I understood the lawyer’s job as being to help people. I understood the law as a force for good, for protecting the community, for upholding order against the threat of chaos, and for resolving conflict. The law gives structure to most of our relationships, allowing us all to promote our interests at once, in the most harmonious way. And overseeing this noble purpose with dispassionate wisdom was the figure of the judge. All kids have action heroes: astronauts, firemen, commandos. My idea of heroism in action was a lawyer, the judge being a kind of superlawyer. The law for me was not a career but a vocation.
My earliest exposure to helping professions had been to those of medicine and teaching: Dr. Fisher, the staff at Prospect Hospital and the clinic at Jacobi, and the Sisters of Charity, who taught us at Blessed Sacrament. The law, I understood at a very young age, was different in scope. Doctors and nurses and teachers helped individuals, one by one. But through the law, you could change the very structure of society and the way communities functioned. In this way the law could help vast numbers of people at once. With so much hardship and suffering all around me, the need for change was glaring.
The spirit of the times inhabited this ideal of law as a noble purpose. The civil rights movement was the backdrop for my generation growing up. While Perry Mason’s judge was an iconic glimpse of possibility to a child, the same small black-and-white screen framed the evening news stories about those courageous southern judges who unflinchingly defied mobs and the rule of the crowd. It was the same grandeur I perceived in Miss Katz’s stories of nuns and priests working with the poor in Latin America, or in news reports about our own parish priest, Father Gigante, whose ministry took him into the blighted streets of the South Bronx. In those times, there seemed no higher purpose than to seek justice on behalf of those denied it.
Out of this tumultuous panorama came one heroic lawyer I would see in the flesh. Campaigning for the presidency, Robert F. Kennedy visited the Bronxdale projects in 1968. I remember pressing my face to the bars on our kitchen window, which overlooked the entrance to the community center, waiting to catch a peek of him as he passed through the crowd. I was thirteen then. Soon I would be starting high school, getting involved in student government, swept up in our own elections, our poster parties and cafeteria stump speeches. Kennedy gave thrilling voice to the cause of justice for all and to a life lived in the service of that cause. And when, soon after my sighting, he was killed, the silencing of that voice, and the eloquence of those who mourned it, confirmed for me the nobility of his purpose, which I would make my own.
THERE ARE no bystanders in this life. That had been my point about Kitty Genovese’s neighbors during my best showing in forensics competition. Our humanity makes us each a part of something greater than ourselves. And so my heroes were never solitaries. The figure of the lone visionary that enthralls so many young people in their own feelings of isolation never called to me. My heroes were all embedded in community. And the will to serve was first stirred by the wish to help my community.
When I got to Princeton, I saw right away that a sense of belonging would not come easily. The community was much bigger than any I had known, bound by its own traditions, some of them impenetrable to women and minorities. And so I found my place where I could, working with Acción Puertorriqueña and the Third World Center. Through those associations came my efforts at the Trenton Psychiatric Hospital and my most formative experience of doing for others. Near as it was to Princeton, Trenton could not have been farther in human terms, a world apart from the certainties of privilege. But even by the standards of that afflicted city, the patients I served were vulnerable in the extreme: confused; distanced from whatever ties of family or friendship might have once sustained them; and, for want of a common language, cut off even from those looking after them. My outrage at their abandonment made palpable an emergent awareness that my community extended well beyond the place I came from, the people I knew.
While I was at Yale, the South Bronx was in the news again. President Carter paid a visit in 1977, the news cameras framing him against a moonscape of charred buildings, piled rubble, a neighborhood shattered by unemployment and other economic ills. The motorcade pulled up within sight of where Abuelita and my parents had lived when I was born, but until I had seen the place at the remove of the television cameras, I couldn’t really see it. When you live in the midst of such decay, everyday life renders it almost invisible. Somehow communities continued to function amid their own ruins, and though this was perhaps America’s worst urban catastrophe, it was hardly the only scene of desolation. Civil society, though carefully ordered by its laws, had nonetheless left a huge number of its members stranded. It was to the rescue of such communities that I first felt myself summoned, believing that the law must work for all or it works for none.
There were those at Princeton and Yale who, coming from such places as I had come from, resolved never to look back. I don’t judge them. A degree from an Ivy League college or a top law school is assumed to guarantee entry to a world of plenty, and nothing obliges you to look back on what you’ve worked hard to escape. But I didn’t see good fortune as a chance to write my own ticket; my sense of it remained as something entrusted to me, not given outright; and I would have enjoyed no peace of mind until I’d found some worthy use for it. My chance encounter with Bob Morgenthau over the cheese table would have led nowhere if I hadn’t been deeply primed for what he offered. It was not what most of my classmates were looking for, but I could see that it fit into the scheme I imagined. Now, having completed that part of the journey, I was only more convinced that nothing had happened by chance.
All that remained to be seen was how far along the next step would take me.
Twenty-Seven
SHEA STADIUM, the 1986 World Series. The Mets and the still-cursed Red Sox are tied in a tense tenth inning of play that has the crowd on their feet cheering, first for one side, then the other, like kids on a wild seesaw ride.
The real drama, however, is happening in the parking lot, where I’m on the back of a motorcycle, wearing a bulletproof vest, a walkie-talkie screeching in my ear, in pursuit of a truck full of counterfeit goods. We’re doing fifty, then sixty, circling the lot like a racetrack, when the truck dodges around a corner. It’s a dead end, a concrete cul-de-sac, and in just a moment he’s spun around and is barreling straight for us. My driver’s about to bolt, but I tell him, “Stay put, he won’t hit us. We’ll stop him right here.” This guy’s not crazy, I’m thinking. But he could be, or maybe just panicked. Whatever the case, he’s speeding up. Next thing I know, he’s got half his wheels up on the concrete wall beside us, like a stuntman riding the wall of death—can you even do that in a truck? Before I know it, he’s slipped past us, doing almost ninety in the opposite direction. Enough. Does someone have to die for a load of fake Mets caps, cheap shirts, and souvenirs?
What am I even doing here?
Good question. After I worked through the cases that Bob Morgenthau assigned me as inducement to remain at the DA’s Office, it was finally time to leave. Believing that economic development was the only real cure for so many of the ills plaguing poor communities, I thought commercial law would prove useful. I was also open to something in international law, an interest since my days a
t Yale. One thing I knew for certain: I wanted to continue doing trial work, having learned to love my days in the courtroom.
I also knew very well what I didn’t want: the life of a cubicle-encased cog in the machinery of a large firm. The practice that kept associates in the library for years, hoisting papers up the layers of organization to a partner at the apex of responsibility still appealed to me about as much as working in a coal mine. As I had when looking at opportunities after Yale, I would aim for a smaller firm where I might grow more quickly into a substantial role. But as I interviewed, I found that size was no guarantee of ethos. Small firms were often spin-offs that not only poached clients from but also reproduced the culture of the larger firms where their partners had started their careers.
One that stood out as an exception was Pavia & Harcourt, a tiny firm by New York standards, barely thirty lawyers when I was interviewing in 1984. Its founder, a Jewish refugee from Italy during World War II, had built its reputation on representing elite European business interests in the United States. Much of the firm’s work related to finance and banking, to licensing of trademarks and distribution of products, and the diverse range of legal tasks attending international trade and business operations.
Arriving for my first interview, I was struck by the aura of the place—a midtown oasis of restrained elegance. George Pavia, the founder’s son and now managing partner, was said to be fond of continuity, and the decorum of the offices befitted a roster of clients whose names were synonymous with European luxury and high style: Fendi, Ferrari, Bulgari … Conversations shifted constantly between English, Italian, and French. It was hard to imagine an atmosphere more remote from that of the DA’s Office.
In spite of the old-world ambience, the firm was ahead of its time in welcoming women. There were two among the nine partners at a time when it was rare to find even one in the upper echelons of big Manhattan firms. This one was exceptional in its organization too: associates worked directly with partners in two-person teams that made mentoring natural. It was a situation where I could learn quickly and, I hoped, quickly advance.
I interviewed many times over, meeting with each of the nine partners and all of the litigation associates. The positive impressions I was forming seemed to be mutual. It was clear that my trial experience appealed greatly and would fill an immediate need. A degree from Yale didn’t hurt. But at some point my progress seemed to lose momentum inexplicably, and I found myself waiting for a call that didn’t come. Meanwhile, interviews with other firms only made it clearer where I really wanted to be. Pressing the headhunter who had connected us, I learned that George Pavia feared I would quickly get bored with the work of a first-year associate—the position they were hiring for—and move on.
Be diplomatic but direct, I told myself. I don’t tend to bang people over the head, but some situations require a bit of boldness. I asked for another meeting and once again found myself ushered into that serene nest lined with Persian carpets and delicately etched views of old Genoa.
“Mr. Pavia, I understand that you have some hesitations about hiring me. Are you comfortable talking about it?”
“Yes, of course.” He explained his concerns. They were valid, I acknowledged, and then laid out my own position: Never having practiced civil law, I had a lot to learn. As long as I was learning, there was no chance of boredom. As I became more familiar with the work, one of two things would happen. Either I’d still be struggling to keep up—still no chance of boredom, although I probably wouldn’t last at the firm. Or else they would recognize what I was capable of and give me more responsibility. I didn’t see how they could lose. I made clear that I had no reluctance about accepting the starting salary of a first-year associate—a fraction of what I could expect from a large firm—as long as he was willing to increase it when my work warranted it.
The bonus and raise that followed my first year-end review were huge, and by the second review my salary was up to standard.
MY FIRST CASES at Pavia & Harcourt involved customer warranty disputes and problems with real estate leases. The work of a beginning associate typically involved eclectic and sometimes marginal legal work for clients the firm represented in more crucial aspects of their business. It did, however, draw on skills that were second nature to a prosecutor. Within my first couple of days on the job, a colleague who sat within earshot of my phone calls let it be known to another litigation associate, who then spread the word, that I was “one tough bitch” who could not be pushed around by an adversary.
I was shaken to hear myself so harshly categorized. Trying case after case by the seat of your pants at the DA’s Office, you develop a bravado that can seem abrasive to lawyers who have no acquaintance with that world. It was a kind of culture shock in both directions. The great distance from the grimy halls of Centre Street to our genteel bower on Madison Avenue made itself known in other small ways, too. A gift from a grateful client, for instance, did not have to be returned in the presence of a witness—a nice perk I didn’t expect.
“You’re in private practice now, Sonia. There’s no threat of corruption,” counseled David Botwinik, the partner I turned to—indeed, we all turned to—for advice on any question of ethics. I called him the Rabbi. It was okay to accept a gift, he said, though allowing that “in the ten years I’ve had them as clients, they never gave me a gift.”
The more I observed Dave in action, the more profoundly his sense of integrity, fairness, and professional honor impressed me. Just as I had done with John Fried at the District Attorney’s Office, I turned to Dave instinctively as a guide. His presence was comforting, avuncular, and expansive in a way that suggested a hearty appetite, though his greatest interests were more of the mind than the body. Blinking owlishly behind his glasses, he stuttered slightly. The hesitation only made his words seem more thoughtfully considered.
In the practice of law, there are rules that establish a minimum standard of acceptable conduct: what the law permits. This is the floor, below which one can’t go. There are other rules, not formally encoded, which set the higher bar that defines what’s ethical behavior, consistent with respect for the dignity of others and fairness in one’s dealings with them. There is no law, for example, saying you can’t serve someone court papers at five o’clock on the Friday evening of a long holiday weekend. On the other hand, it’s no way to deal honorably with an adversary, who is also a human being, with family, plans, and a personal life outside business. Some lawyers might argue that you owe your client any advantage you can squeeze out of a situation. But underhanded moves invite retaliation in kind, and then both sides end up grappling in the mud. Concerning the intersection of common decency and professional honor, Dave Botwinik’s instincts were flawless.
It was through his instruction, too, that I became versed in a complex and little understood area of the law. Dave had specialized for thirty years in representing foreign commodity traders who bought in the American grain markets. He had worked hard to institute more evenhanded arbitration practices that tempered the influence of the big grain houses. Observing how I prepared witnesses and conducted cross-examinations, he asked me to assist him in grain arbitrations, which, though less formally structured than a trial, involved similar strategies.
“I’m too old for this now, you can do it,” he said, but I could never have managed without his vast knowledge. He could read between the lines of any contract and see immediately why it was drafted as it was, what issues were important, respectively, to the parties involved. He knew all the players in the industry, which was a man’s world entirely. Having begun as the scene of actual farmers bringing grain to market in the nineteenth-century Midwest, the game had evolved into an arcane trade of financial instruments conducted by roomfuls of traders working the phones. Even with my knowledge of admiralty law, I struggled at first to grasp the logic of the business. Finally, it clicked, though it took a late-night cry for help to cut through the Gordian knot of interwoven contracts: We were not actually t
racking shipments of grain. The ephemeral exchange of contract rights that began with grain futures intersected with physical reality only at the end of a long chain of transactions.
Only once did I even see the grain. Our client had sent a sample for tests, and it was clear to me that the lab results had been falsified. I knew that a sealed plastic pouch from a private laboratory is no guarantee of a chain of custody when anybody can buy a heat-sealing kit for plastic bags at the supermarket. So I did. During arbitration, at the end of my cross-examination, I asked the witness to open the supposedly inviolate sample of grain. He tore the seal off the plastic bag and found inside it a note in my handwriting: “Bags can be tampered with.”
I had learned over the years never to reveal that I could type. In the days before everyone had a personal computer, it was a sure way for a young lawyer to find herself informally demoted to secretary, and I stuck to that rule rigidly. Only once, in the wee hours approaching a morning deadline, did I ask Dave Botwinik to cover his eyes so I could type a final draft. Dave I could trust. He had a deft way of turning aside other lawyers’ requests for the only woman in the room to get coffee.
Fran Bernstein, on the other hand, was far above this fray in the gender wars. She could sit for unbroken hours at her Smith-Corona while it rattled like a machine gun, as if her brain were plugged directly into the machine. I was astonished by her writing process, how the pages of elegant prose in no apparent need of polishing just rolled off the typewriter. But it was only one of her remarkable qualities. When she spoke, the flow of her ideas was just as irrepressible, as was the smile that lit up her dimpled face. As a law student, Fran was one of the first women to edit the law review at Columbia, where she later became a lecturer. She had also been among the first women to clerk for a judge on the Second Circuit. Having left work for several years to raise her children, she had returned only part-time. If that had put a crimp in her career, she didn’t seem to mind. Though I was at first intimidated in her presence, she would become a true friend and another of my mentors at Pavia & Harcourt.
My Beloved World Page 29