Latest / The Starfish Storytellers / Season 4, Episode 2: Justice in Storytelling - The Art of Advocacy with Ariel Clemmer
Transcript
- 0:00Welcome to the Starfish Storytellers, the podcast that makes a difference one story
- 0:04to time by bringing storytelling to life.
- 0:32The Twilight Zone by Nathan L. Hecht
- 0:36The television drama The Twilight Zone portrayed characters in disturbing situations set in
- 0:42the murky area between reality and the dark unknown.
- 0:47Most episodes had a moral.
- 0:49Here's my thought for a new one.
- 0:52You're driving across the country.
- 0:54It's late afternoon and you haven't eaten for hours.
- 0:57Hunger is starting to nudge you.
- 1:00You enter a town eager to find food.
- 1:03You're about to enter the Twilight Zone.
- 1:06The first place you stop is lit up with a big neon sign.
- 1:10You get out of your car and walk up to the front door.
- 1:14It's locked and dark.
- 1:16That's strange, you think?
- 1:18Other places are open and the sign is all lit up, but this place is closed.
- 1:23I'll take my business elsewhere, you mutter, as you walk back to your car.
- 1:28You drive down the street.
- 1:30There's another place.
- 1:31It too is all lit up and this time you see people inside.
- 1:35You get out of your car and walk up to the door.
- 1:38But again, it's locked.
- 1:40You pound on it, but no one inside seems to notice.
- 1:45Beside the door, there's a machine with a sign on it.
- 1:48To enter, please insert cash.
- 1:51$100 bills only.
- 1:54You think that's outrageous just to get something to eat, no way.
- 1:59Prustrated, you drive further down the street.
- 2:02You come to another place and this time there's a fellow sitting out front.
- 2:06You tell him you're looking for something to eat.
- 2:09You a member, he says.
- 2:12Member you respond.
- 2:14This isn't a club.
- 2:15I just need something to eat.
- 2:16Nope, he says.
- 2:18Not a member.
- 2:19You don't belong here.
- 2:21You turn on your heels and stomp back to your car.
- 2:24This is getting crazy, but hope lies ahead.
- 2:27Another place, this one with the lights on and the door open and lots of people inside.
- 2:33Finally, you think some food.
- 2:36Inside you're handed an order form several pages long and complicated.
- 2:40You must order with codes, but you have no idea what they are.
- 2:45This is impossible, you think.
- 2:47You look around, all the food that's offered requires extended professional preparation
- 2:53and it's expensive.
- 2:55Nothing simple for a hungry traveler.
- 2:58Despairing, you wander out and a voice says behind you, have a nice day, come back anytime.
- 3:05What kind of town has nothing for an ordinary person to eat?
- 3:10A truck to your car, dusk is falling, you're in the Twilight Zone.
- 3:29Food is important, so is justice.
- 3:33But for many, justice seems as far out of reach as food for this traveler.
- 3:40The signs out front are all lit up.
- 3:43The American commitment to the rule of law is fabled.
- 3:47When I was a trial judge, I told jurors as each case began, you are privileged to be
- 3:53part of the best system of justice not just in the world, but in the history of the world.
- 4:00Many were proud to serve, but when people needed the system to serve them, in far too
- 4:05many instances it can seem beyond reach.
- 4:10America's claims about the nation's justice system are lofty.
- 4:14James Madison famously wrote in Federalist number 51, justice is the end of government,
- 4:20it is the end of civil society.
- 4:23It ever has been and ever will be pursued until it's obtained or until liberty be lost
- 4:28in the pursuit.
- 4:30His collaborator Alexander Hamilton is said to have called justice the first duty of society.
- 4:37Yet in poll after poll, Americans report that the justice system is too expensive, too hard
- 4:43to navigate, too far removed from real people, as closed as if the doors were locked.
- 4:52Across the country, millions of people try to represent themselves in court.
- 4:57Abraham Lincoln had it right.
- 4:59He who represents himself has a fool for a client, but for many there is no other choice.
- 5:06And far too many Americans have no idea they need the justice system.
- 5:12They have no way to recognize legal problems when they arise.
- 5:16They don't know that they're hungry.
- 5:20Most distressing of all many Americans view is that the justice system like the government
- 5:25in general is simply not theirs.
- 5:28Much work is being done to improve access to justice.
- 5:32Lawyers in a proud tradition of their profession represent needy clients without charge, pro
- 5:37bono público, or the public good.
- 5:41The Texas Bar Association estimated that lawyers in the state, where I am a judge donate more
- 5:46than 2 million hours annually, conservatively worth half a billion dollars.
- 5:53Legal aid provides basic civil legal services free of cost to the poor and economically
- 5:58struggling.
- 5:59That is people whose income is usually no more than 125% of the federal poverty guidelines.
- 6:06In 2018, that was just $15,175 for a single person.
- 6:15Funding comes from Congress through the Federal Legal Services Corporation, sometimes from
- 6:19state appropriations and other public services, and sometimes from bar associations and private
- 6:24contributions.
- 6:26Legal aid, like pro bono services, is not an entitlement.
- 6:31It's not welfare.
- 6:32It is simply a good government.
- 6:34This is an American ideal, not a liberal one or a conservative one.
- 6:40As a judge, sometimes I identify it as a conservative.
- 6:43I support improved access to justice because I am convinced that this nation is strongest
- 6:47when its basic institutions fulfill their missions, and as a judge, I feel a special
- 6:52responsibility to help legal institutions fulfill theirs.
- 6:57Basic civil legal services help victims of domestic violence, veterans returning from
- 7:02deployment, needing employment, housing and benefits, children in school and the elderly.
- 7:11Legal aid is compassionate and morally right.
- 7:14Using individuals to resolve legal problems strengthens families and communities.
- 7:19Legal aid is constructive.
- 7:22Study after study around the country concludes that legal aid, directly and indirectly, benefits
- 7:27economies.
- 7:29Legal aid is good for businesses and taxpayers.
- 7:32Legal aid providers offer cases and training to lawyers who will work pro bono with those
- 7:39who have no other way of getting the help they need.
- 7:43Thus leveraging legal aid funding to provide more representation.
- 7:48And legal aid makes the promises of the American justice system real when they otherwise would
- 7:53be a farce.
- 7:54And in that way, legal aid is critical to the integrity of the rule of law.
- 8:00Yet legal aid is only available to a fraction, those who need it, by some estimates no more
- 8:06than half, by others less than a fifth.
- 8:10Justice for only those who can afford it is neither justice for all, nor justice at all.
- 8:18If the justice system is to deliver on the faith America asks people to place on it,
- 8:24and on the values it claims to preserve, greatly improved access to justice is an imperative.
- 8:42Hello.
- 8:50My name is Leanna Henry and welcome to the Starfish Storytellers.
- 8:54I'm the CEO of the Black Dog Group, a Marcom and project management firm headquartered on
- 8:59the east coast of the US in Claint Colonial Bedford, Massachusetts.
- 9:03I'm your host and passionate about storytelling.
- 9:06I'm actually on a mission to raise up the next generation of storytellers.
- 9:10We've named ourselves the Starfish Storytellers after the Starfish Story.
- 9:14The moral of the Starfish Story is based on the power of one.
- 9:18No matter how big the challenge, each action we take makes a difference and has an impact.
- 9:23One step, one starfish, or one story at a time.
- 9:27Every episode we welcome a new storyteller who will share their story meant to inspire
- 9:31and connect with you.
- 9:33Then we'll break it down and offer tips for any listeners who are ready to tell their
- 9:37own stories.
- 9:38So thanks for tuning in.
- 9:40Now let's get started.
- 9:42Today's episode is justice through storytelling, the art of advocacy.
- 9:46And with me today is Ariel Klemmer.
- 9:49Ariel is the executive director of 603 Legal Aid, a legal advice and referral center in
- 9:54Concord, New Hampshire that hosts a central call center for people seeking civil legal
- 10:00aid.
- 10:01Say that correctly.
- 10:03So I just wanted to say thank you for being here and I'm really happy that you are joining
- 10:07us today.
- 10:09Thank you so much for having me.
- 10:12So at the start of each episode, our guests take a few moments to introduce themselves.
- 10:16Would you like to tell us a little bit more about you?
- 10:20Sure.
- 10:21So I'm sitting, as you said today with you from Concord, New Hampshire.
- 10:26I actually grew up about an hour from north from here in the upper valley of the state.
- 10:33And I went to college in Virginia at the University of Richmond.
- 10:37And after college had applied to go to law school, but ended up deferring law school
- 10:42to become a teacher with Teach for America.
- 10:46I did that in New York City in the Spanish Harlem region.
- 10:50And following that, I did go to law school.
- 10:53I did then practice.
- 10:56I had about a 10-year litigation career back in New York City.
- 10:59I like to say that I did murders, millionaires, and mistresses as kind of the three subject
- 11:05matter types that I did.
- 11:07That was public defense and big law firm, white collar, criminal work, and family law
- 11:14cases.
- 11:18After that, I moved to Western Massachusetts.
- 11:21And in Springfield, I worked at the Bar Association running a pro bono program for lawyers to
- 11:26provide free civil legal services, as well as became the director of the Center for Social
- 11:32Justice at Western New England University School of Law, running free legal service advocacy
- 11:38programs with law students and other pro bono volunteers.
- 11:43And then recently, just about a year ago, moved back here to New Hampshire and became
- 11:47the executive director of 603 Legal Aid.
- 11:51Now, 603 Legal Aid is a newer name, correct?
- 11:55I think I read on your website that it had been called something else.
- 11:59But are the services pretty much the same or has it changed?
- 12:03Yes.
- 12:04I was just talking with somebody yesterday about how we became not just the sum of its
- 12:12parts, but greater than the sum of its parts in some way.
- 12:15So we brought together the pro bono program from the New Hampshire Bar Association, as
- 12:20well as the legal assistance and referral center, which was a brief legal advice call
- 12:28center together to become 603 Legal Aid in 2021.
- 12:33We do free legal services in-house.
- 12:37So we provide brief legal advice and representation for people in a variety of civil legal areas,
- 12:44primarily family law, housing.
- 12:48And this year, we've added a new consumer unit as well as a brand new veterans assistance
- 12:53program.
- 12:56And our partners in the state of New Hampshire provide sort of the whole spectrum of legal
- 13:01services that people may need across the state.
- 13:06You said, is the veteran services something that's newer?
- 13:12It is.
- 13:13We got a grant from the VA this year, and it's a prevention of homelessness grant.
- 13:20Luckily the VA, like we see the prevention of homelessness as almost any kind of civil
- 13:24legal case, whether that's something that stems from just being a low income individual
- 13:30and having credit card debt or other kinds of financial challenges to facing an eviction
- 13:36case and actually physically losing your home to a family law matter where if you have a
- 13:44dispute with your spouse and you need to move out, that is also putting somebody at risk
- 13:49of homelessness.
- 13:50So it's a very broad grant and work where we can integrate it throughout all of our
- 13:57free legal services.
- 13:58But we also had our new staff attorney get accredited with the VA, and so they can also
- 14:05bring veteran specific cases around discharge upgrades or other types of cases directly
- 14:11with the VA.
- 14:12Nice, nice.
- 14:14So important, just such a need.
- 14:17We have a VA here in Bedford, Mass and a hospital and services, and there's just such a need
- 14:27for services.
- 14:29Yeah, it really is.
- 14:33Hi.
- 14:34So again, thank you for sharing your story with us.
- 14:39That whole Twilight Zone analogy just I think really drove it home.
- 14:46You know, it can be very confusing when you have a need and no matter where you go, you
- 14:51aren't able to get the services that you need.
- 14:55I'm a communicator now.
- 14:58In my previous life, I was a social worker for 23 years, and I did case management for
- 15:05the state and for families and children that were neglected and abused.
- 15:12It was always, we had to do referrals and it was always a challenge to try to find services
- 15:18for families that needed it.
- 15:23It's such a confusing system.
- 15:25I love that story and I actually read the story, tell the story in a class called Access
- 15:32to Justice that I have taught previously at the law school that I was working at because
- 15:37it paints such a clear picture for people.
- 15:40You can see coming to, finally you get to this restaurant, you've navigated all of these
- 15:46barriers and then you can't even place the order because the menu is in code.
- 15:54It's so emblematic of the barriers and the frustrations that our clients have in navigating
- 16:01the system by themselves.
- 16:02Unfortunately, it's just not set up for people to be able to navigate the justice system.
- 16:07Yeah, yeah, yeah.
- 16:10And that's good that there, obviously that you exist for them.
- 16:16In this episode, we do want to talk about how you're getting legal justice for clients
- 16:24and storytelling align.
- 16:26So we're going to dive into the power of storytelling.
- 16:29For attorneys, storytelling is more than just a skill.
- 16:32It's a critical tool for representing clients effectively.
- 16:36Whether you're painting a vivid picture or an opening statement, you're weaving evidence
- 16:40into a compelling narrative or you're delivering a memorable closing argument, the art of storytelling
- 16:45has the power to humanize clients and bring justice to life.
- 16:49Today we're going to talk about how attorneys use storytelling to advocate for their clients,
- 16:54especially in the high stakes world of pro bono cases.
- 16:58So if you're ready, we'll dive right in.
- 17:01Let's do it.
- 17:03So you said in your story that you were a judge and but what inspired you to become an
- 17:14attorney?
- 17:17So just to be clear, I was not a judge.
- 17:21This is a story written by a pretty famous judge.
- 17:25She's a prominent figure in the Access to Justice community.
- 17:29His name is Nathan Hecht and he was the Supreme Court Chief Judge in Texas from 2013 until
- 17:39just December 31 of last year.
- 17:41A pretty revered figure and somebody who's really pushed the envelope on access to justice
- 17:46throughout his career.
- 17:50And so was he the inspiration for you to really become a lawyer?
- 18:00People like him.
- 18:01I think what first inspired me to get involved was actually when I was in college, as I mentioned
- 18:08in Virginia, I was in Richmond, Virginia, and doing some work in some local prisons
- 18:14there.
- 18:15And it was one of the first times coming from the Northeast.
- 18:18It was one of the first times that I dealt with the real impact of systemic racism in
- 18:25a way that I just had not been exposed to before.
- 18:29And that really lit a fire in me to set out to address injustices wherever they may lie.
- 18:38And I love the story of the starfish because I sort of feel like that has really motivated
- 18:44my whole career of trying to figure out just one person, but how much can I do and where
- 18:50can I make an impact even if it's just me throwing things back into the ocean?
- 18:57And I think as we have sort of created our podcast based on that story, when I was a
- 19:03social worker, actually, I was a trainer for foster parents.
- 19:08And we used to always tell that story, I think maybe the last night of the training, because
- 19:14we wanted them to understand that they were making a difference one child at a time and
- 19:19that even if there were so many children that needed help, what they were doing made a difference
- 19:24to that one.
- 19:26And so what you're doing makes a difference to your clients, to that one client at one
- 19:30at a time.
- 19:31Yeah, it can be really frustrating because as you said, you feel like you're just one
- 19:38person and there's this ocean of problems that you're stacked up against.
- 19:42And particularly in the civil legal system, unlike in the criminal context, in civil legal
- 19:48cases, there's no guarantee of an attorney.
- 19:51So when you have a criminal case, they tell you if you can't afford it, a lawyer will
- 19:57be provided to you.
- 19:59There's nothing like that for cases where you might lose custody of your children or
- 20:04you might lose the roof over your head or the bottom line dollars that help you feed
- 20:10your family every month.
- 20:11There's just no guarantee of any sort of representation or assistance.
- 20:15And so the statistics are staggering in terms of the number of people that need help and
- 20:23then the amount of people that actually get help from organizations like mine.
- 20:27But all we can do is make that difference for the people that we are able to reach and
- 20:32encourage people to contact us and hope that each day that we can do a little bit better
- 20:37in assisting people get closer to accidentally justice.
- 20:41Yeah.
- 20:42Yep.
- 20:43Yep.
- 20:44So you've already talked with us about 603 Legal Aid.
- 20:53Is there anything else you want to add as to the process for helping new clients?
- 20:58Sure.
- 21:01In general, when 603 Legal Aid was created, it became the centralized hub, as you said
- 21:10early on, of intake for the state.
- 21:13And so everyone with any civil legal issue across all of New Hampshire is meant to contact
- 21:19603 Legal Aid first.
- 21:21We have a robust intake team who will process all of those calls upwards of 10,000 people
- 21:28a year, as well as people can apply online directly on our website, 603legalaid.org,
- 21:34and 24 hours a day.
- 21:37And then we process those applications as well.
- 21:40So we're really the first starting point for people that need any sort of free civil
- 21:46legal services in New Hampshire.
- 21:49And then from there, we determine does this person have a legal case?
- 21:52If so, who's the right provider of free legal services to assist them?
- 21:57It could be us in-house.
- 21:58I described some of the services that we provide.
- 22:02Or we also run the state's pro bono program, so we might decide to place them with a free
- 22:07attorney from the private bar who's donating their time.
- 22:11Or we may decide that they are best served by one of our partners across the state, like
- 22:16New Hampshire Legal Assistance or the Disability Rights Center, who take on other kinds of
- 22:21cases and other strategies of representation for someone.
- 22:25OK, so lots of options there, it sounds like, which is good, which is needed.
- 22:33So I have a question.
- 22:34So is there a difference in how an attorney might use storytelling when representing clients
- 22:40pro bono as compared to other cases?
- 22:45It's a really interesting question.
- 22:50In these pro bono cases, or I'm going to generalize it up to be free legal services type cases,
- 22:59because we sort of do both of those things here in-house.
- 23:04As I said before, the stakes are so high that storytelling becomes almost like an imperative
- 23:11of the advocate when you're in front of court or even when you're in settlement negotiations
- 23:17with an opposing party, and you need to convince them that this person, this particular client,
- 23:25deserves XYZ, whatever you're seeking for them.
- 23:30And so I'm sure all lawyers feel an obligation to storytell, but I can certainly say that
- 23:39in my career, whether it was as a public defender trying to get somebody out of jail, or whether
- 23:46it was in a divorce case talking to the other side, trying to get some specific outcome
- 23:53that my client really believed in to the kinds of cases we do here where we're helping people
- 23:59keep the roof over their head for an additional three months, each of those scenarios really
- 24:06require a slightly different but a very profound version of storytelling that enables that person
- 24:16to get the justice that they deserve.
- 24:19Yeah.
- 24:20Yeah.
- 24:21Yeah.
- 24:22I mean, not that all of the cases that you're talking about, public defender versus free,
- 24:33you know, legal aid, aren't important, but it seems like those with the need for the
- 24:44legal aid, there's certain a level of urgency that maybe is different or not as present
- 24:52in some of the public defender cases.
- 24:57Would you say that that might be accurate?
- 25:00Yeah.
- 25:01I think to a certain extent, that's totally true, particularly when cases go on longer,
- 25:10you know, some types of federal cases, sometimes of other cases do go on for quite a while,
- 25:16and particularly if the client is out of the incarceration system, you know, there's slightly
- 25:22less urgency, although I believe everybody should get their case adjudicated as quickly
- 25:28as possible in any context.
- 25:30But you're right that in our cases, like we run a very robust domestic violence program
- 25:35for the state, you know, those cases, sometimes 24-hour turnarounds or people sometimes call
- 25:42us the same day as they're hearing and say, help, what am I going to say to the court
- 25:47today?
- 25:48And, you know, the sense of urgency there is real.
- 25:51We have sometimes hours to be able to convey to somebody the important information that
- 25:56they need to move their case ahead.
- 25:58Yeah.
- 25:59Yeah.
- 26:00So storytelling is key.
- 26:01Yeah.
- 26:02Yeah.
- 26:03So let's talk about when cases get into the courtroom.
- 26:07So when preparing an opening statement, how would you approach building a narrative for
- 26:12a jury?
- 26:14And do you find that you have to balance legal facts with emotional resonance to create an
- 26:20impactful opening?
- 26:22Absolutely.
- 26:24There's no doubt that that is a critical exercise that any lawyer is trying to do when
- 26:32they're in front of a judge, in front of a jury, you know, they're really taking the
- 26:37facts and storytelling with them in a way that best puts their client in the right light
- 26:44and conveys the information the way that they want it to go.
- 26:49So that's true of opening statements.
- 26:51For sure, it's the first opportunity that somebody has to get in front of the jury and
- 26:56to kind of capture their hearts and minds and socialize them to any of the sort of story
- 27:03lines that you're going to be telling throughout the trial.
- 27:06Mm-hmm.
- 27:07Yeah.
- 27:08I mean, I think when I knew that we were going to have an opportunity to talk and have you
- 27:13on the show, I just, I thought about, you know, opening statements are just like closing
- 27:19statements are, they're all stories.
- 27:21I mean, they have to be.
- 27:23And they have to be compelling.
- 27:25That's right.
- 27:26So then I wanted to ask about some challenges maybe that you might face and so how you make
- 27:34an impact with the representation that you provide.
- 27:39Are there any challenges that you might face when you're trying to tell that compelling
- 27:43story with a pro bono case?
- 27:47Yes.
- 27:50I think there's a couple factors that make this challenging.
- 27:56One is something that I bumped into a lot when I was a public defender, which is the
- 28:02exceptional client storytelling that happens.
- 28:05You know, it's hard when you're a repeat player in a system, like you see the same prosecutor
- 28:10every day, the same judge, you know, three times a week to go in front of them and to
- 28:16deliver this narrative about why this particular client deserves to get out of jail or a later
- 28:23sentence or whatever it is that you're seeking when you need to do the same thing for every
- 28:31client.
- 28:32And so you kind of run into this, you know, exceptional client issue where you don't want
- 28:40to pit these people against each other, but how do you say, you know, time and time again,
- 28:46this particular client deserves this and then, you know, the next time around this particular
- 28:51client deserves that.
- 28:52And there's inevitably this sort of comparison between stories that get told with repeat
- 28:59actors in the same core ecosystem.
- 29:01So that was one challenge and something that lawyers have to be careful of.
- 29:08The other challenge, and this is just more procedurally, but you have to be really careful
- 29:14about client confidentiality and privilege.
- 29:17And so one of the things we rely on storytelling a lot in my current position to get funding,
- 29:24it's one of the ways that we can convey to people who are supporting our work and allowing
- 29:29us to keep the lights on about the importance of our work and about the ways that we are
- 29:35able to make meaningful impacts in our clients' lives.
- 29:40And so we want to tell people stories and yet we don't want to use them in a sense that
- 29:49could be, you know, taken the wrong way or feel, you know, used by us for that purpose,
- 29:55but we also have to maintain confidentiality.
- 29:58So for instance, I pulled a couple of client stories for you today that I could share,
- 30:03but we changed names, we changed, you know, certain facts to make sure that they were
- 30:08untraceable in our small court system that we have here.
- 30:12And we always get permission from our clients before we use their names or before we use
- 30:19identifying information in a story.
- 30:21But we do do that publicly all the time on our social medias, in grant applications.
- 30:26It's really a fundamental piece of what we do.
- 30:28Are you primarily funded by grants?
- 30:32We are.
- 30:33We have, the majority of our funding right now comes from the Legal Services Corporation,
- 30:38which is a pass-through entity of federal funding for civil legal aid.
- 30:44Every state has at least one LSC-funded entity and we are at that in New Hampshire.
- 30:51The rest of our funding comes from a whole variety of sources, mostly grants and donations.
- 30:58And it, you know, varies year to year, it's always seeking new sources and coming up with
- 31:05innovative ways to bring additional services to the community.
- 31:11And so that's how we primarily survive.
- 31:13Well, and obviously you have to get really good at fundraising stories.
- 31:17So yeah.
- 31:22So looking at the other end of a case in court is the closing argument and closing arguments
- 31:30have very important stories, hold very important stories because that's where the decision
- 31:36is going to be made.
- 31:37That's, you know, so in your opinion, what would make a closing statement memorable and
- 31:44persuasive?
- 31:45Yep.
- 31:46There's a couple of key things I think just like in the beginning, you know, this is your
- 31:55final opportunity to paint a picture before the jurors or the judge who's going to be
- 32:01the decision maker.
- 32:03You definitely want to keep it succinct so that people don't get lost in the story.
- 32:09You know, it can be tempting to sort of want to put on a summary of all the evidence and
- 32:15everything that happened, but really, I think the most effective stories and the most effective
- 32:20closing statements are ones that are shorter and punchier and kind of really outlie exactly
- 32:28what you've been able to prove throughout the duration of the case that supports your
- 32:32case theory, whatever that may be.
- 32:38You know, I think about closing statements in some of the cases that obviously you see
- 32:43on TV, either fictionally or not fiction, the ones that are, you know, sort of the bigger
- 32:51sensationalized ones that you see.
- 32:55And I can just, I can remember certain cases, they're very memorable, you know, because
- 33:00the lawyers really had, sometimes they used props, sometimes they did use that key piece
- 33:08of evidence and brought it back to remind the jurors.
- 33:14So those things are very persuasive.
- 33:19And I would imagine, I would imagine, I mean, I'm sure that the jurors are very attentive,
- 33:27but I'm guessing in cases where it might be a long case or where there's a lot of evidence,
- 33:33it could probably, they might forget or it might be hard to remember it all.
- 33:37Yes, that's true.
- 33:40And I think that's why you want to, you know, without taking too much time to cover everything
- 33:46that happened because they're able to ask, you know, follow up questions or if they have
- 33:51points of clarification that they need, they can always do that later on.
- 33:57But you do want to, as you said, make it memorable, you know, bring in something where it will
- 34:04stay with them, it's not unheard of in the field of particularly criminal defense for
- 34:10people to put glasses on their clients if they, you know, even if they don't normally
- 34:15have it because that conveys a certain kind of individual that they want their client
- 34:20to be seen as.
- 34:23So there's lots of ways to captivate people and to convey to them, you know, the message
- 34:30that you're trying to send.
- 34:32Yeah.
- 34:35So can you share a time when storytelling had made a significant difference in the outcome
- 34:40of a case and is there a certain technique you think that can leave a lasting impression,
- 34:46which I think we sort of talked about that, but I'm really interested in, you know, and
- 34:49obviously confidentiality is, you know, key.
- 34:55But yeah, I was just curious, you know, is there anything that sort of comes to mind?
- 35:00Yeah, immediately a couple of cases come from my public defense days, one case in which
- 35:10my client was this very large kind of imposing looking figure and the opponent was a very
- 35:20small, you know, older man, and we basically did storytelling in this way of communicating
- 35:33just how sort of ludicrous the opponent's story was that this my client who was, like
- 35:44I said, he was a bouncer, you know, he had serious muscles and was very large and that
- 35:51the story that the opposing party was telling just wouldn't have possibly made sense because
- 35:57if it happened the way that they were relaying, this was a car dispute, you know, a bumper
- 36:03situation or car dispute, alleged my client got out of the car and sort of roughed this
- 36:07guy up.
- 36:09Had my client actually done that, you know, there would be a lot worse facts that came
- 36:14out in the case and so we basically use reverse storytelling to say, you know, here's why
- 36:20this other story doesn't make sense and then here's what really likely happened.
- 36:26And my client one was a great case, he had refused to plead guilty the whole way along,
- 36:33even though the prosecutor was willing to offer him something where it would have just
- 36:37gone away eventually, he was adamant that he was not guilty and he was not going to
- 36:42plead to anything and I was really proud of him because at the end of the day, he knew
- 36:47what, you know, what he wanted to do and we took his direction and he ended up proving
- 36:52his case through sort of this reverse storytelling technique.
- 36:58So that definitely worked well.
- 37:01Yeah.
- 37:03Yeah.
- 37:05So if there are any aspiring attorneys out there who may want to follow this path into
- 37:11practicing law this way, what advice would you give them?
- 37:18I would tell them to get involved as soon as possible and as many ways they can.
- 37:24I'm always counseling young folks to just give it a try, you know, and that it's a great
- 37:30time when you're young, when you're in college, when you're thinking about law school, wherever
- 37:36it is in your career, I've even had high school interns before in my practices, you know,
- 37:42I think there's no wrong time to get involved and the more diverse experiences that you
- 37:48have, the more you learn about what you like doing and what really calls to you.
- 37:53We have a pair of legal here who started law school and is intending to go back to law
- 38:01school and I think had a major of, you know, IP law or something and after two months of
- 38:07working here in the family law unit said, yep, I'm changing my mind.
- 38:12This is what I want to do for my career and we hear lots of those stories.
- 38:17It's why I worked, you know, primarily with law students when I was running the program
- 38:22at the Center for Social Justice because it was such a great way to get them in the door,
- 38:28in the courts, you know, really one-on-one contact with clients and those experiences
- 38:33can help somebody develop, you know, their career path and decide what they really want
- 38:39to focus on.
- 38:40That's wonderful.
- 38:43And like you said, start early and get active right away.
- 38:47Yep.
- 38:48And don't be afraid to try different things, you know.
- 38:51I have some regrets that I knew I wanted to be a public defender.
- 38:55I was a little bit older, you know, I had worked for a couple of years before I went
- 38:59to law school and I basically zeroed in on becoming a public defender, which is fine,
- 39:03but now I counsel others to sort of not follow in those footsteps and really try it all out
- 39:10because, you know, my, as a result, my career, I've tried out different, like I said, types
- 39:16of law throughout my career and that's been fine.
- 39:19They've all been litigation-side focused, but it's great if you can do that, you know,
- 39:26for summer internships or even semester programs or even just volunteering.
- 39:31There are so many nonprofits and legal aid organizations that would welcome somebody
- 39:36who could come five hours a week after school, could still make a big difference.
- 39:42What kinds of things would somebody who came to legal aid to volunteer, what kinds of things
- 39:47might they be able to help with?
- 39:50So depending on their level of experience and education, they would be able to do different
- 39:58things.
- 39:59The law students that I worked with were full on advocates for clients, you know, with supervision,
- 40:04obviously, but we took them to the court.
- 40:07They made arguments in front of the court magistrates and were able to counsel clients
- 40:13directly with college-aged interns or even high school age.
- 40:20They assist in the office, you know, they'll sit in on calls.
- 40:24They might do some preliminary drafting of documents or assist.
- 40:31We're having, we have a social work intern right now and she's assisting us with creating
- 40:36a client resources guide, which is such a valuable tool, as I'm sure you know from your
- 40:42career.
- 40:43And something that is well suited for an intern type activity, you know, that we can continue
- 40:50building on year over year and that can really provide people with the information that it
- 40:55can be hard to figure out on their own.
- 40:58Yeah, and having that, having that guide at your fingertips to be able to pass that on
- 41:03is going to be huge.
- 41:04So that's a huge help.
- 41:06Yeah.
- 41:07No, that's great.
- 41:08That's great.
- 41:09Okay.
- 41:10Oh, so we talked about if folks needed legal help and if they wanted to reach you, what
- 41:18was the best way?
- 41:19I know that you said you had, people can apply even right online if you wanted to give your
- 41:28website again, I'm guessing like your phone number and address and everything is there.
- 41:33Yep.
- 41:34So it's www.603 legal aid, that's L-E-G-A-L-A-I-D.org.
- 41:48And that's our main website.
- 41:49You can find all of our contact information there.
- 41:52You can also apply directly online for our services 24 hours a day.
- 41:57We also run, as I mentioned, the call center.
- 42:00We field calls between 9 and 2 p.m. on Monday through Thursday and that call line is either
- 42:071-800-639-5290 or if you're in New Hampshire, 603-224-3333.
- 42:20And you primarily, your entity serves all of New Hampshire, right?
- 42:26That's right.
- 42:27Okay.
- 42:28So that's all of the civil legal cases, even if it's not one that we handle, we still
- 42:33field that call on behalf of our partners across the state.
- 42:38Great.
- 42:39All right.
- 42:40Well, that's all the time we have for today.
- 42:43Thank you so much, Ariel, for being here and being our guest and sharing your story.
- 42:48I just, I really enjoyed that whole Twilight Zone reference and, you know, just kind of
- 42:57hearing how you got to where you are.
- 42:59It was just really great to hear.
- 43:02Thanks so much for having me.
- 43:04And to our listeners, whether you hear us locally from the BTV studios in Bedford, Massachusetts
- 43:09or across the globe on such channels as Spotify, Apple Podcasts or Amazon Prime, thanks for
- 43:16listening.
- 43:17We hope you enjoyed this episode and we'll see you next time.
- 43:20Happy storytelling.