Stressed to the Max
I had just finished a nine-week jury trial—the longest and darkest of my career. I represented nine children from all areas of America each of whom suffered serious injuries because they were riding Wal-mart purchased bikes that had front wheel quick releases. In each case, while the bicycles were being ridden, the front wheels spontaneously fell off. The children, all boys ranging from 6-13 years old, were catapulted over the handle bars onto their head, face, and shoulders. Three had claims of permanent brain injuries, the others physical scarring, broken noses, and an on-going fear of bicycles.
I brought this case in San Rafael, CA (Marin County), because Wal-mart’s distributor is in San Rafael, thus providing a local forum. A previous similar case I handled for a boy from Phoenix, AZ was settled out of court just before trial for a confidential figure.
Because of the evidence that this had happened many times, with Wal-mart’s knowledge, I was driven to take this case to trial, believing there was no way I could lose.
Wal-mart had the same thought, apparently, since they hired one of the biggest law firms in Texas and also two large firms in San Francisco, just to fight little old me, a sole practitioner in San Francisco.
I didn’t worry that there were 15 lawyers in court against me—after all, I thought, only one could talk at a time! Cocky? Arrogant? Absolutely.
I thought it would be a three-week, slam-bam-thank-you-Ma'am trial. Wrong!
They managed to stretch it out to nine weeks, draining all of my energy, not to mention my spirit. The case was covered regularly by the press, and mentioned in the national news, including the Today Show, and Good Morning America.
I felt I was winning the case until the end. The jury was against me completely.
The composite force of those A-Team lawyers was too much for the judge and for me. Little did I know that two of the six Texas lawyers were world-class. It was a stake though the heart that left me thinking, "What now?"
It was one of the turning points that eventually led me to yoga.
Comments
I am inspired by your bravery and your heart in taking on a behemoth corporation on behalf of these young boys and their families. In following your heart, you live your yoga, you're already successful.
Posted by: Anonymous | January 5, 2007 07:24 PM
As a "retired" litgation lawyer who practiced against the big boys, I feel your pain. I was a partner in a small law firm (10 lawyers) who took on the big firms. Fortunately, we won some but we also had to pay the price that most lawyers can't. That is, living without positive cash flow from the lawyers who were devoting 110% of their billable hours on a contingency case. We won a large case against a multinational and four of the biggest firms sooooooo I retired...not rich but nuff to get out of the harrowing business.
Posted by: lorraine | January 6, 2007 05:20 PM
I wish you the best at getting your life together with yoga, your health should be one of your top priorities, but hope you're not one of the millions of people that try to get rich off of Wal-Mart, just because they are the worlds biggest cooperations. You can become what you hate the most and yoga has kept me focus on the important things, my wife, my kids and our lives together. Last year I started yoga in January at 6',190lbs, now 178lbs feel like I did when I was in the Marine Corps, 22 years ago. Good luck and best wishes.
Posted by: Jeff Martinez | January 7, 2007 05:33 PM
What does this have to do with anything? You're supposed to be talking about yoga, not ambulance chasing.
Posted by: Todd the Bod | January 8, 2007 01:08 PM
Yoga is life practice, not confined to the mat. So, Mark's explanation about what brought him to yoga is important and relevant. Thanks for sharing.
Posted by: Lan | January 9, 2007 05:48 PM
Mark:
Thx for sharing what got you to yoga. As the mom of a 6 yr old boy who actually needs a new bicycle, you brought to light how very selective I need to be in my purchase. Namaste and I look forward to reading more about your journey.
Posted by: Babs | January 9, 2007 10:24 PM
I respect your efforts to find inner peace and balance between your work and personal life. I must say that I was offended to find such misogynistic language such as "slam bam thank you maam" on the YJ web site. Please remember to be respectful--the yoga community should be a supportive place for all its readers.
Posted by: Kate G | January 10, 2007 12:19 AM
I appreciate your story but would like to hear what goals you have set for yourself and who is helping you.
Posted by: Rosalie Peri | January 10, 2007 02:16 AM
Mark,
I think it can be humbling and ego challenging to be in a situation like the one you are in. I think talking about how yoga really helped you deal with this would help me. I find that when I can get a pose particularly correct its OK. I just keep working it and making progress on improving my position. Maybe you can just keep improving your position in this case..maybe not...Im not sure of the rules...Just keep trying and yielding to the greater good and making a little progress every day..things will get better if we let them. John
Posted by: John Morgan | January 10, 2007 05:26 AM
I think the use of this term has become more generalized and less "negative" in the sense that it simply means done quickly and easily, with little need for extensive study or work.
I appreciate your willingness to be vulnerable to our comments and interpretations! I wish you much success!
Namaste, mim
Posted by: mim | January 10, 2007 12:18 PM
Good luck on your journey with yoga. I must say that I was not suprised about how Wal-mart tried to steamroll you. It makes me dislike them even more than I already did.
Posted by: Anne P. | January 10, 2007 03:20 PM
Okay- the whole point of practicing yoga is to get to a place of accepting yourself, and accepting others just as they are. Mark is just being himself in this blog, explaining what brought him to yoga. So whatever he says or whatever language he uses, within limits, should be supported, without judgement. He is letting down his guard, being vulnerable--that's what we should focus on and applaud. Thank you, Mark for you courage to be open and honest. Good luck with your journey. Namaste
Posted by: Jennifer | January 10, 2007 03:34 PM
WOW! Where to start? I'm not sure I'll even bother trying to figure out if that was confessing, complaining or boasting but I will hope you gain redemption and absolution somehow, with or without yoga. As you immerse yourself in yoga perhaps you'll sully it less than you have the legal profession.
Posted by: Kenton McCarthy | January 10, 2007 06:49 PM
Mark, your story strikes a chord ... I shifted from municipal union to corporate freelance work, spending the last three years thinking that somehow talent, hard work and just knowing that I was Right would carry me through a bad situation.... Following Termination, it was yoga/spiritual practice that restored my sanity, yet again.
Yoga is ultimately a spiritual practice and the ultimate answers to life's problems are naturally spiritual. Original yoga wasn't really about weight loss and injury prevention. But letting go of the ego can not only be truly terrifying - moreover the ego has a tendency like the cat to keep coming back! So these problems are an unfortunate kick in the pants - why go through this extremely draining spritual process when our present lives are so comfortable? I wish you the best of luck in your Journey!
Posted by: Claudia | January 10, 2007 07:25 PM
I agree, let's keep the social editing to a minimum! Mark, I am glad you told your story in more detail. In the magazine, it was sort of glossed over and I asked myself, 'what trial, what case?' I wanted to know more, so thank you for sharing your story and I wish you well on your yoga journey. My practice has helped me get through some family issues and stress-related illness, and I wish you the same peace of mind. Take care.
Posted by: Alexis | January 10, 2007 08:01 PM
I hope that you are able to come to a place of peace within yourself. I wanted to read more of your story and was glad to see you share it. Thank you. Each person is individual, each body ... each life. We are where we are, no more no less :) enjoy the day. I look forward to reading more as it comes.
Posted by: Winter | January 11, 2007 03:48 AM
Wow. How incredibly perfect and holier than thou a lot of you commentees are. What every happened to non-judgemental acceptance.
Mark, good luck with your journey. Baby steps
Om Tat Sat
Posted by: Rach | January 11, 2007 12:25 PM
Mark, could you please explain what led to your original knee injury?
Posted by: Nun Ya | January 11, 2007 08:50 PM
Well, you weren't so deflated that you couldn't see that you had to DO something positive with your life! Take it as a good sign.
Yoga is a wonderful place to start, the life change you're embarking on will be one that I think will influence on how you deal with disappointment and help you to prioritize things.
I came to yoga after a series of major personal setbacks, including a major orthopedic surgery, which left me with a whole new left foot. The new "My Left Foot" takes place in a yoga studio and has me falling against a wall, or laughing helplessly when the instructor surprises us by putting in a Gwen Stefani yodeling CD.
It's a joy. I'm glad you're on the road.
Posted by: kanani | February 24, 2007 04:57 AM