
Charlotte S. came to me
because she was the victim of employment discrimination. She was a lively,
vivacious young woman, the wife of a carpenter, the mother of pre-schoolers, a
devout Catholic, and I liked her at once. (She also had an interesting personal
history: She was an heiress of the Mexican family that once held a sole
supplier contract to provide nickel to the U. S. mint.) She worked as a
bartender, and when the job opened, she wanted the closing shift because that
provided the best tips. We went to trial because we were not able to resolve
her claim, even though she and several witnesses said that the owner turned her
down, because, as he said, he wanted a man for the job.
Opposing counsel was a woman
of my generation, who, like I, had been forced to learn new computer technology as we went
along. We had started our careers by having our secretaries prepare our legal documents
on IBM typewriters that created punch cards to make copies. We had grown through the copy machine and the
fax, and now we were using personal computers, email, and power point
presentations. But we still sweated red hot bullets from stress when we had to
use a power point, and relied on our young staff to make sure everything worked
right.
The trial proceeded well. After
the presentation of evidence, we were ready for closing argument. As
plaintiff’s counsel, I went first, and made my speech using no props.
My opponent then took her
place at the rostrum in the middle of the courtroom, and set up equipment to
make a power point presentation. A few minutes into her speech, her equipment
faltered. She started again. Again, the equipment failed. Her planned speech
was tied to her pictures, and she couldn’t seem to go on. She grabbed a power cord and started jamming
it in and out, and I started to laugh, because even I knew that you can’t
reboot a computer by jamming the power on and off. Her assistant rushed forward, messed with
switches, and eventually she was able to restart her program and finish her
speech.
The jury decided in our
favor. On a hunch, I asked Charlotte,
“Were you praying for her equipment to fail?”
“Yes,” she said, “But I
realized it was a naughty prayer, so I quit.”
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