Great idea … bad product! (Defiant 180° Motion Activated Solar LED Floodlight)

Great idea … bad product!

REVIEW: Defiant 180° Motion Activated Solar LED Floodlight

I purchased a Defiant 180° Motion Activated Solar LED Floodlight on-sale ($79.95) at Home Depot less than a month ago.  I read the reviews beforehand and, although mixed, most were very positive and the rating average on HomeDepot.com was well over 4 out of 5 stars, a pretty good bet!  What do they say about gambling?  The house always wins?  I lost this bet folks.

We have a dark area on the side of our 150+ year-old house and I thought I could save the expense of hiring an electrician to run electricity and install motion-activated floodlights ($150-$200) while being “Green”, saving electricity by utilizing the power of the Sun.  Great idea … bad product!

After reading the reviews, it was imperative that I follow the instructions to the letter.  Almost every reviewer mentioned charging the battery for a full 4 days prior to installation and that was exactly what I did.  I also tested the unit as instructed and everything seemed to work fine, at first.  The installation was straightforward and took about 15 minutes, not difficult.

Since then, the unit only comes on 50% of the time.  I return home after dark and park right in front of the light, so a vehicle the size of an SUV should easily trigger the motion sensor.  Sometimes it does, sometimes it does not.  I tried adjusting the sensors to various angles and changing the shut-off delay between two and three minutes (the only two options), but nothing seemed to work consistently.

When the light does illuminate, it is “adequate”, but being an LED, it has nowhere near the illuminating power of the electric floodlight in the rear of our home.  It is much better than nothing and does provide enough light to help see in the dark, but the light is so dim that it is nearly impossible to tell if the light is on or off when in the kitchen, adjacent to the light’s location.  One of the reasons we wanted the light was to alarm us if someone was lurking on the side of our home, trying to break-in or “peep” through the window.  Unfortunately, the light does not illuminate consistently enough to serve its intended purpose.

Based on the reviews I had read, I had a 70-80% chance of being satisfied with the product.  Maybe I am unlucky, like to 20-30% of reviewers appeared to be, but this product is a non-starter.  It is cheaply made and at $80 plus tax, not a bargain in the least.  The light, when it works, is dim and inadequate and only having worked half the time, a rip-off.  I am returning the light to Home Depot today for a refund a recommend you do not waste your valuable time or money on a product that, while a great idea, was poorly designed and brought to market before being perfected.  I do not know about you, but I do not enjoy wasting hours of my valuable time buying a product, charging it, installing it, testing it, adjusting it, testing it again, removing it, and returning it to the store where I bought it.  All that for $80?  I have better things to spend my time and money on, like an electrician!

Key Words: Home Depot, home, depot, Defiant, LED, motion, activated, solar, floodlight, energy, efficiency, efficient, product, faulty, poor, light, CombatActivist, institutional, terrorism, InstitutionalTerrorism

No Friend Ever Served Me ...

We were recently forced to put our beautiful lakefront home on the market because the Department of the Interior had my $50,000 contract cancelled in February THEN had the gaul to insist that the prime contractors BLACKLIST me, ruining my business. 

They did that because I filed a complaint of fraud, waste, and abuse against the government contractor I have been subcontracting for since January 2012. The contractor is fraudulently wasting HUNDREDS OF MILLIONS OF DOLLARS ... EVERY YEAR!  I tried to DO THE RIGHT THING and was punished severely for it. THAT MY FRIENDS IS CALLED WHISTLEBLOWER RETALIATION AND IT IS ILLEGAL!

Our house was just leased for three years by an Army lieutenant colonel at Fort Leavenworth, giving the market time to recover and, hopefully, sell our home in three years and NOT TAKE A $50,000 LOSS ON IT as we would have if we had sold instead of leasing.

I am a half-full kinda guy ... Everything works out for the best in the end. 

As a Roman general, Lucius Sulla, said: "No friend ever served me, no enemy ever wronged me, whom I have not repaid in full".

After filing an inspector general complaint with the Department of the Interior in February, they are the folks who are supposed to protect citizens from unlawful retaliation, particularly whistleblower retaliation, they ignored my pleas for an update. I received a letter last week from the Chief Operating Officer of the Department of Interior Business Center, the boss of the woman who retaliated against me, stating that the Inspector General had turned the case over to him ... Can you say "fox watching the henhouse?" ... SURE YA CAN!

In his letter, he stated that MY complaint had no justification and that the reason my contract was cancelled was because of "substandard performance"!

Substandard performance?  Where is the justification for that? Why was I never informed about this substandard performance, particularly during a conversation with the contracting officer, the woman who I had complained to and responsible for cancelling my contract, when we spoke on the phone JUST FOUR DAYS PRIOR TO MY CONTRACT BEING CANCELED? Why did she not mention MY SUBSTANDARD PERFORMANCE DURING THAT CALL ...WHICH I RECORDED BY THE WAY (the recording of conversations is legal in the State of Virginia, where the contracting officer works, if one party gives consent, that party being ME)?

She also informed the contractors, the people who do or do not subcontract work to me and my service-disabled veteran-owned small business, of my alleged "substandard performance", ensuring that I receive no additional contracts in the future ... ALL WITHOUT A SHRED OF EVIDENCE, ANY FACTS, AND WITHOUT DUE PROCESS! 

I fought for our freedom, the freedom of the pencil pushers who now retaliate against me, and now MY GOVERNMENT slanders and defames me, ruining the business I have built from scratch and pays our bills? Really? Can that happen in the United States of America? I am telling you as someone who is experiencing it directly, IT CAN AND IT DOES!

As I described in a recent post, the vast majority of lawyers only care about one thing ... MONEY!  Most likely, the only way I will get justice is by receiving national media attention. Then, and only then, will a "selfless" attorney step forward to represent me "pro bono" ... How unselfish and magnanimous they will appear, even though the only reason they would do it is to get 20 minutes of national media exposure when 60 Minutes calls for an interview.

I sent my response to the defamatory letter from the Department of Interior, certified US Mail, with certified copies going to President Obama, Congressman Sam Graves, the Secretary of the Interior, and the author's boss, Mr. O'Neill. Do I expect a response, assistance, or justice? Honestly, no. The only reason I spent $30 I cannot afford is so that when this DOES all come out eventually, I will have the documentation to prove what these people, these protectors of the Constitution, DID OR DID NOT DO when confronted with evidence of illegal, immoral, and unethical behavior by a government contractor and government employees. And I do ... HAVE HUNDREDS OF PAGES OF EVIDENCE, DOCUMENTATION, PROVING WITHOUT A SHADOW OF A DOUBT THAT WHAT I AM CLAIMING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH!

Let's face it, I am a 50-something white man, so there is likely little, if any, chance that I will receive national media attention (there is no sex or murder involved), legal representation (I am broke), or justice. Justice you say? What a concept ... what a country ... WHAT A SHAME!

CombatActivist ... OUT!

Labels: bad, cancelled, contract, corrupt, Department of the Interior, empty, full, good, government, illegal, illegaly, immoral,Obama, retaliation, Sam Graves, unethical, whistleblower

Self-Centered People Got No Reason ... (Sung to tune of Randy Newman's "SHORT PEOPLE"

I have collected numerous photos of self-centered people whom obviously care about nobody but themselves. It is either that or these poor souls have the parking expertise of Helen Keller and even she could have done a better job than these folks:

I have many more photo and video examples of such rudeness and will continue to post photos as I encounter them, which seems to be often. 

DO US ALL A FAVOR FOLKS, learn to drive and/or think about someone else for a change!

CombatActivist ... OUT!

Let Me "Summit" Up: Disrespect, Indignity ... Do Not Let Appearances Fool You!

The Summit Downtown (Fitness Center)

901 New Hampshire

Lawrence, KS 66044

Phone: 785-856-7979

Web: http://www.thesummitlawrence.com

Hours: Mon-Thur: 5am - 11pm; Fri: 5am - 9pm; Sat: 7am - 7pm; Sun: 9am - 7pm

A severely disabled Veteran and retired (2005) Air Force lieutenant colonel, I try to take care of the body I am left with after 20 years of austere environments and over 4 years in combat zones (Operations JOINT ENDEAVOR, ALLIED FORCE, SOUTHERN WATCH, AND ENDURING FREEDOM.  I cannot do as much as I used to or as I would like, but the gym is one of the few places I can relax and, beside the golf course, a safe haven where I can cope with the stresses of life. I spent most days of my 20-year career in military gyms and have been a YMCA member for over 10 years, but when we moved to Lawrence, Kansas in August of this year, I was disappointed to find that there was no YMCA in Lawrence. A town of 90,000 and no YMCA?

I bought a Groupon for a 6-week trial at Genesis Fitness for $20, expecting to join if I liked the facility. I did not. The facility was filthy, the sauna never worked, and when I spoke to a manager about joining, he insisted I must pay a $75 “joining fee” and sign a contract for 2-3 years if I wanted their best monthly rate. Hard-sell gym tactics, contracts, and application fees went out with the 20^th Century, or so I thought, so I told the man that I would take my business elsewhere. He could have obviously cared less.

I decided to try The Summit, a modern facility in a relatively new building just five blocks from our new Lawrence home (it is actually over 150 years old and a historic home) due to its proximity and a four-month “Fall” special for $150. Not a fantastic bargain ($37.50 per month – I paid less at the Kansas City YMCA which is much nicer, larger, and with many more fitness options). The facility seemed clean and the staff appeared to be friendly and helpful, or so it seemed, so I signed-up for the special (with no initiation fee) with the understanding that I would pay $41.00 per month if I decide to continue.

I liked the facility for the most part, documenting my experiences along the way on Yelp, Foursquare, Facebook, and Twitter. Here are a few:

The Summit 10/16/2013

“The bench in the men's locker room is wonky and the TV on the first machine didn't work, but it's cleaner than Genesis by a mile!”

The Summit 10/19/2013

“The only concerns thus far are the saunas, which never seem to be hot enough, and the fans (the kind with blades), which always seem to be on, even on the coldest days. Yesterday was cold (45 degrees) and it was cold inside, but they still had the fans going full blast. When I asked if they could be turned down/off, the young lady behind the counter said "no". Being one of just three customers at the time, I do not think it was an unreasonable request.”

The Summit 10/24/2013

“I like the proximity and cleanliness, but the fans, sauna, and locker room benches leave MUCH TO BE DESIRED”

The Summit 10/28/2013

“I spoke to quickly in yesterday's check-in. Fans are going full blast today and it's freezing in here. Yesterday must have been a fluke ... They aren't monitoring social media after all and that's going to cost them that 4th star!”

The Summit 10/31/2013

“Can't tell if it's chance coincidence or if staff read my comments...today the fans are off and there's a real bench in the locker room...THANKS!”

Having studied diet and exercise extensively over the years for my own benefit and that of my clients (I am a licensed professional counselor specializing in mindfulness-based cognitive behavioral therapy - CBT), I understand the importance of a combination of aerobic activity (running, elliptical, etc.), resistance training (weightlifting), and flexibility (stretching).  I normally use the elliptical machines because they are easy on my knees and back, stretching and meditating afterward to complete my workout.

I had been stretching and meditating most days at The Summit because they had a wonderful thick red mat that was comfortable enough to meet my needs. Because of my disabilities, I find it painful and difficult to use the “Aeromats” (small, individual foam mats) most gyms provide for stretching because they do not provide enough padding, causing discomfort while I lay or sit on the ground.

When I went to stretch the other day, I noticed that the red mat was gone and replaced with mats similar to the Aeromats I dislike so much, so I asked Tanner (an employee) why my favorite mat was removed. He was very kind and helpful, explaining that the mat was worn on the bottom and had been taken away. He explained just yesterday that there was a similar red mat to the one I had been using in the “training” area of the facility and told me that his boss had said that I could use it to stretch if I chose to. I thanked him for his concern and kindness and went about my workout.

After completing my elliptical workout, I noticed that the training area was nearly empty and the red mat was not being used, so I entered to finish my workout with a good stretch and a few minutes of relaxation. As I moved to the mat to sit-down, I noticed one of the trainers (there were more trainers than “trainees”), a blondish 30-something woman with several tattoos on one of her arms, hovering around the area, stalking me like a security guard on a shoplifter. No sooner did I sit-down did she approach me stating, “Who are you working with today”.  I told her “nobody” and she told me that I was “not allowed in the area, it’s for personal training customers only”.  I told her that the owner had said that I could use the area to stretch, as Tanner had told me just a couple hours before, noticing one of the owners standing behind her like a back-up cop waiting to pounce on a criminal. She said, “Oh, you mean him” and I stated I did not know who, but that Tanner had told me just hours before that I had permission. Before I get the words out of my mouth, both she and the co-owner said “this area is for paying personal training customers only” (well excuuuuuuuuuuuuuuuuuuuuse me!) and at that I got up and left the area as ordered!

I believe in treating all with dignity and respect and as a business owner myself, particularly customers.  The Summit apparently does not hold the same values.  I found it extremely embarrassing to be stalked and thrown out of a facility I pay $40 per month to use and in such an unprofessional manner.  I have suffered many indignities at the hands of rude, self-centered people over the years, but never have I experienced such rude, unprofessional, and humiliating behavior in a place of business as I did at The Summit last night.

Now I feel anxious and stressed just thinking about returning to The Summit this afternoon, not knowing how I will be treated.  I am considering asking for a refund of my remaining fees, but there are few fitness options in this college town of nearly 100,000 other than Genesis, The Summit, and the University of Kansas (KU – where I can use their “world-class” facilities for just $20 per month), so I think I will wait until my trial period expires to find a suitable alternative. 

My disabilities, including a great deal of pain, and mood are eased by exercise and a clean, safe facility is very important to me.  Except for the filthy air intakes (see photo), The Summit is very clean, but I DO NOT FEEL SAFE any longer.  It pains me that one of my respites, a safe haven in which I can de-stress and take care of a body ravaged by time and combat, the gym, is now a place that causes me stress.

Veterans Day is next Monday, a day on which we show our appreciation for the men and women who have served our great nation.  Instead of feeling appreciated, I feel abused, but then this is not the first time I have been made to feel less than welcome in a public setting in recent years and, I am afraid, it will not be the last … unfortunately.  If you like being treated with INDIGNITY and DISRESPECT, YOU WILL LOVE THE WAY THEY TREAT YOU AT THE SUMMIT IN DOWNTOWN LAWRENCE!

Key Words: The Summit, SummitDowntown, fitness, center, gym, gymnasium, workout, exercise, elliptical, trainer, dignity, respect, combat critic.CombatCritic, TravelValue, Lawrence, Journal-World, Kansas

Terravest Custom Homes, LLC - Do Not Be Fooled by the Friendly Demeanor

J. Stewart and his wife

Terravest Custom Homes, LLC - Do Not Be Fooled by the Friendly Demeanor

We contacted J. Stewart, the owner of Terravest Custom Homes, LLC, about building a two car garage BEFORE winter. We budgeted $20,000 plus or minus 10 percent for the project, being prepared to pay $18,000 to $22,000 in cash. Mr. Stewart seemed like a nice person when he came to do the estimate, seeming willing to work with us. 

We told him what our budget was and what exactly we wanted, a simple 24 foot by 24 foot two car garage on a cement slab with a double door, one window, one door, and electricity. We also wanted a quote to install a sidewalk from the garage to the front door. 

Mr. Stewart told us that he would try to keep costs down and estimated $30 to $40 a square foot for what we wanted, bringing the total to between $17,250 and $23,000 and very close to our budgeted amount. He told us that he could not provide a "final" quote until we had plans drawn up, so he recommended an architect whom we met with the following week.

When Mr. Stewart and the architect came to the house, we went through the process again, spelling out exactly where the garage would go, the size, and other details in order for the architect to draw up the plans to submit to the city. He told me that it would cost $600 to $1000 to complete the work and, trusting Mr. Stewart, we decided to go ahead with the plans in order to finish the garage before winter. That was on September 11th, 2013. The architect said that he should be able to finish the plans in a week.

A month went by with no word from either Stewart or the architect, so we contacted both and asked what the delay was. The architect said that it was taking longer than expected (obviously) and that he would go to the city to see if there were any restrictions as well as come back to the house to measure the house, lot, and other things necessary to finish the plans. We finally received the plans on October 17th, 36 days after we were promised they would be done in one week. Winter was quickly approaching and we wanted to get the project going ASAP.

With plans in hand, Mr. Stewart scheduled an appointment to come by with his quote on Friday, October 17th, he was about 30 minutes late. As I looked over the quote, I was quickly drawn to the total which was well over $30,000, FAR ABOVE the $30 to $40 a square foot we were quoted ($30,500 divided by 575 square feet comes to over $53 a square foot). I told Mr. Stewart that we could not afford $30,000 and he said "I can suggest some metal building companies", to which we replied "we already have a quote and it is only $6,000 for a metal garage". He quickly left without saying another word or offering to make things right.

I am extremely disappointed by his behavior, making us wait nearly six weeks then coming in $10,000 (a 50 percent increase over his estimated price) over his original quote, but I am more upset with myself for trusting the man. We now have no garage, winter weather will arrive in a few weeks, and we spent $600 we could not afford to have plans drawn for a garage that may never be built. I should have known better than to trust a human being after what we have been through in the last 5 years, but J. Stewart seemed like a nice man with integrity, so I thought he would do the right thing. He did not, so DO NOT BE FOOLED by his friendly demeanor and empty promises. We paid and are still paying for trusting J. Stewart and Terravest Custom Homes, LLC, so we believe you should proceed very cautiously before hiring him for any project, particularly one with tens of thousands of dollars on the line.

Key Words: Terravest, custom, home, J, Stewart, builder, remodel, garage, building, contractor, CombatActivist, Institutional, Terrorism, Lawrence, Kansas, 66044, Angie's, List

Navy Yard Shootings: Terrorist, Crazed Gunman, or Victim? Anything's Possible!

Having been the victim of whistleblower retaliation three times in the last 5 years, I would NOT be surprised if the Navy Yard shooting suspect was a victim of harassment, discrimination, and/or retaliation, what I call "Institutional Terrorism".

My core values are selflessness, loyalty, integrity, compassion, excellence, dignity, and respect, and I believe in DOING THE RIGHT THING, something that has caused me a great deal of personal and professional grief over the course of my life as many of you know. Telling the truth and feeling obligated to report wrongdoing are not qualities everyone appreciates as I have found out. Currently, neither I nor most of the world know what prompted the suspect in today's Washington DC shootings, Aaron Alexis, at the Navy Yard to lash out indiscriminately, killing a reported 12 souls and injuring at least as many. But I can speculate as I have in previous recent articles.

From reporting my bully of a boss at one of the country's largest general contractors to human resources in 2009 to filing a discrimination and retaliation complaint against a University of Missouri - Kansas City (UMKC) associate dean in 2011 to reporting whistleblower retaliation by a government contractor and the Department of the Interior just this year, I had no choice but to act if I were to be able to look at myself in the mirror each morning.

Unfortunately, neither private business nor government institutions care about employees or customers (people) and do not hesitate to lash out at those they see as a threat. Why? Because they can!

They, the individuals and institutions that will not hesitate to ruin a person's life if we do not conform to their expectations or, God forbid, threaten their existence or livelihood in the case of the gross fraud, waste, and abuse I and many others have witnessed and reported, are not concerned about being held accountable for their actions or inaction. Discrimination and retaliation laws in this country, particularly whistleblower retaliation law and policy, have been degraded since the Bush (II) administration and are rarely if ever enforced because of the high costs involved with investigating or prosecuting cases and because attorneys will not touch a case unless there is a high probability of success and six to seven figure settlements. Pro bono you say? Yea ... right!

Lawyers will do nothing "for nothing" unless forced to or unless there is national media attention in the cards. Corporations and other large institutions know they can get away with attacking employees and customers because they know, in all probability, that they will get away with it.

Back to Alexis and the tragic massacre in Washington DC. I have no idea what compelled this man to lash out at coworkers, but based on my own experience, other mass shootings (aka "going postal"), and knowledge of human behavior, there is a chance that this man had been persecuted by a fellow employee or supervisor and was let down by a system (supposedly) designed to protect him. Having experienced the frustration that comes with that firsthand, I can tell you that retribution against attackers, at least the thought of such, is a distinct possibility. Add anxiety, depression, and loss of job, home or relationship to the thought of retaliating against our attackers and you have the making of a time bomb waiting to explode.

Most of us have the positive values and resilience to deal with such thoughts or temptations to act more humanely, more reasonably than others in those situations. But a small minority of the population, those overwhelmed by stress for example, do not.  Was Alexis one of them? Only time will tell.

One thing is for sure, Alexis, a Navy Reserve veteran, will undoubtedly be categorized and condemned, as are most Veterans, as being "aggressive" and "threatening", and has already been labeled as having "anger problems" in a Fox News (@FoxNews) report just hours after the attack. I have written extensively about false perceptions among the civilian sector about Veterans, lumping us all together and generalizing that Veterans are "all angry, aggressive, and threatening" because that is how we have been portrayed in the media for decades, if not centuries.

Murder has declined sharply over the last 20 years, but mass murders have increased significantly since 2002. On average, 14,000 Americans die by the hand of an other each year and mass murder (shootings) has spiked with dozens murdered each year in 6 of the 7 most recent years (Virginia Tech, Fort Hood, Sandy Hook, Navy Yard). A total of 167 souls have died through mass murder in the last decade. Considering the fact that mass murders have become more prevalent recently, it appears to me that the stresses of war, the aftermath of 9/11 and threat of terrorism, a faltering economy, and degradation of whistleblower retaliation protections may play a critical role. The chances are astronomically AGAINST being the victim of mass murder, but proportionally MUCH HIGHER (when compared to murder in general) than just a decade ago.

When will this madness stop? Most likely, never. Until Institutional terrorism is addressed and laws protecting citizens from the powers that be are given more than "lip-service", there will always be those who feel their only course of action is violence when their back is against the wall. Or maybe Alexis was just a nutcase. That is a distinct possibility and, as more information is released, appears to be a very likely "part" of the story.

God bless the dozens of men and women killed or wounded in this horrible tragedy and God bless the families left to deal with the resulting grief and loss from a life cut short or severely disrupted by such an event, including the Alexis family. My prayers are with each and every one of you.

Key Words: Aaron, Alexis, Navy, Yard, shooting, violence, Washington, DC, NavyYardShooting, killed, murder, mass, murderer, shooter, military, Veteran, reservist, wounded, dead, institutional, terrorism

Lawyers: Selfless or Narcissist … What Do You Think?

Here is a great example of the difference between selfless people, those who go into the caring professions (veterinarians, nurses, social workers, etc.), and narcissists (the antonym of "selfless"), those who go into other professions, usually more prestigious and lucrative.  Can you say attorneys?  Sure you can!

I have seen literally hundreds of clients (I am a licensed psychotherapist) free of charge, "pro bono", hundreds, over the last 22 years, yet I have not and will not brag about it and would never think of mentioning it publicly except to highlight a poignant example, as I am here.

This particular lawyer, who I am sure is not an evil person and in-fact helped my wife get her attorney in her recent successful lawsuit, bragged about HIMSELF on Facebook yesterday (see referenced post below) about how he "waived" an amputees expenses "AND" ONLY CHARGED HIM HALF OF HIS NORMAL FEE ... ONLY HALF OF WHAT, $250 AN HOUR?  This poor man with only one leg had to pay just $125 an hour!

Here is his post:

"I am so humbled by the faith people put in me. I am also overwhelmed by the perspective my clients have despite facing the worst tragedies. I just settled a case today for a man who suffered a leg amputation when a car pulled in front of his motorcycle. Over the time I have been his lawyer, I never heard him complain ONCE about how he felt or how his entire life has been re-written. He was surely in pain, scared, frustrated -- but his attitude was always shockingly positive and upbeat. This client trusted me sight-unseen on the recommendation of a mutual friend. He lives half a country away, and could have picked any of the lawyers knocking on his door. But he chose me. His attitude and spirit prompted me--after our very first conversation--to waive his case expenses AND more than half of my usual attorney fee. So I am thankful to know this client, and I extend boundless appreciation to him  and our mutual friend who put us on the other's path."

When I think of pro bono, I think of the legal profession.  We always hear about attorneys who take pro bono cases for the poor or disabled right?  The problem with that is those cases are usually high-profile cases, the ones that make it on television, shows like 48 Hours, 60 Minutes, or one of other well known programs.  The others are usually during highly publicized trails like Casey Anthony, Jodi Arias, or Robert Zimmerman to name a few recent examples.  Why is it that only these people get “pro bono” defense?  PUBLICITY, that is the reason, tens, if not hundreds, of thousands of dollars in FREE PUBLICITY … how altruistic those lawyers are!

This guy sees himself as a hero because he reduced his fee by half and ate the expenses, which normally do not add up to much or are highly inflated in the first place.  Here is a poor guy who lost his leg and probably cannot work, and the lawyer probably ended up with between $60,000 and $140,000 of the man’s money!  They probably settled out of court too, saving the attorney a hundred or more hours work while raking in the same (or more) than he would have if it had gone to trial.

Let me tell you a brief, "hypothetical", story.  A law firm takes on a case for national origin discrimination.  The big cheese, the guy the firm is named after makes only rare appearances, during the first meeting and when they go to mediation.  The rest of the time his “staff” works on the case only when they have time, rarely returning phone calls or emails from the victim because they are focused on bigger issues, other cases.  The entire firm spends minimal time, all the while telling the victim “you have a great case, we’re going to get you close to $500,000!”, which is a pittance compared to what she should receive for having her reputation ruined and losing her career.

As the trial date approaches, the lawyers realize that they have not done enough work, also called due diligence, and dropped the ball, so they ask for a five month extension from the court and it is granted.  Five additional months of stress for the victim and her family, needless stress because the law firm had higher priorities elsewhere.  Only then do the depositions begin, depositions that should have been happening months ago.  They have not even contacted the victim’s top witness yet and do not do so until she insists.  This is just a week before the mediation, which comes out of nowhere to the victim only a month before trail!

In the interim, the big honcho (he even wears a cowboy hat) is taking care of other cases and not even thinking about the victim’s case.  Now, finally, in the few months directly before the mediation and trial, his cronies (low-wage lawyers – compared to the honcho anyway) are finally spending some time on the case.  They probably spent no more than  50 to 60 hours total, and that is probably a stretch, on the case before the surprise mediation (an event the victim was told nothing about until last minute).

As they go into mediation, the honcho is finally there with his crisp brown Stetson, along with his two cronies.  The mediator comes in, a retired judge, and it is like “old times”, the honcho and mediator obviously knowing each other rather well.  The mediator admits that he knows little if anything about the case because he “just received it”, so the honcho starts laying out the victim’s case, a very complex case with hundreds of pages of evidence, over a just a fifteen minute period?  Honcho even forgets several extremely critical points and it is not his cronies that chime in to correct him, it is the victim’s husband!  And that is it, the judge says “got it” and scurries off to meet with the defense team across the hall.

The negotiations start off just below the figure mentioned above, but the numbers quickly drop as the mediator goes back and forth like a ping pong ball.  As time goes on, even though he knows little about the case, the mediator is making judgments, saying “you don’t have a very strong case” and “only 38% of plaintiffs are successful in Missouri”, and the victim’s attorney is agreeing with him!  What?  What happened to the great case the victim had?  Well, then it was time for lunch.

The honcho was gracious enough to offer to buy lunch for the victim and her husband at a French restaurant downstairs.  While the victim’s husband used the restroom, Honcho and his male crony ordered Maker’s Mark whisky on the rocks, in a glass the size of the Hulk’s fist, filled to the brim.  Must have been at least a triple shot!  Honcho’s wife, the other crony, ordered a glass of wine, so when the husband returned, Honcho said “we’re having one, you might as well order one too”, so he order a glass of wine   The victim does not drink and stuck with just water.  Less than half way into lunch, Honcho has already polished off his whisky, orders another, as did his sidekick, and here come two more tumblers full of alcohol.  There must have been AT LEAST 6 ounces in each glass, for a total of 12 ounces EACH over lunch…in less than an hour!

Things started heading downhill, to put it mildly, after lunch as the mediator became more negative and offensive and honcho getting more impatient with every minute, becoming hostile, raising his voice, and stomping out of the room at one point.

Looking back, it seems like a big production, a well rehearsed one at that, as honcho and his cronies started to insist the victim had a poor case and that she should think seriously about accepting an offer that was a fraction of the starting number.  They said “you’ll be lucky to get this much in court, if you can win at all”.  Wearing her and her husband down over several hours, which seemed to be the goal, honcho became enraged when the husband stated “I thought you said we had a good case, we were hoping that you would advocate for seeing this through to trial, we wanted to hear you say “let’s fight this and beat the bastards!’.”  At that point honcho stood up, cussed at the husband, saying “we’ll do whatever you want”, while his cronies kept pushing the victim harder and harder toward a settlement.

It all made sense now, “good cop, bad cop”, wear the subject down until they cannot take it any more, then go in for the kill!  Honcho and his cronies had everything to gain and nothing to lose by settling now.  They would receive 40% and much more than their hourly rate based on the small amount of work they had obviously put in, and would save themselves a great deal of work during the most intensive period, just before and during trial.  Win-win for the lawyers!

In the end, the victim received a little more than 10% of what she was told would be an equitable result, “making her whole”, an amount that would barely pay for a mid-priced car these days.  And that was supposed to make her whole after having lost a $65,000 a year job and a 20-year career?  I think the lawyers came out on top in this case, them and the mediator who charged thousands for a days’ work.

I would tell you about my personal experience with lawyers, an experience even less positive than this, but I will save that for another article, a book maybe.  All in all, I think Shakespeare was right when he wrote:

“
The first thing we do, let's kill all the lawyers.” - Henry The Sixth, Part 2 Act 4, scene 2, 71–78

I do not mean that literally, but maybe the world would be a better place if there were not any in the first place.  Which brings me to the question: Selfless or narcissist?  Every lawyer I have ever met, with one exception out of hundreds were selfish, arrogant, narcissists.  Have you had a different experience?   I hope so.  If you have or have not, let me hear your opinion, about your experience with the legal profession.  

Key Words: lawyer, attorney, legal, court, mediation, case, trial, victim, plaintiff, defendant, defense, judge, narcissist, selfless, arrogant, viral, institutional, terrorism, InstitutionalTerrorism, CombatActivist

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