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Last Word

THE LAST WORD By: Jack H. (Nick) McCall

Q:

Willie, your work often involves what can be a complex and challenging subject matter for many of us: domestic abuse. You once had a mentor who not only helped prepare you for much of what the practice of law entails, but also who heartily encouraged you when you were a paralegal to attend law school. A: WILLIE R. LANE Assistant District Attorney General

Three decades, two husbands, an additional daughter and two grandchildren ago, I was a paralegal working in Knoxville. I had been hired by what was then McCampbell & Young in 1988, and I truly loved my job. I was fortunate to work with wonderful and gracious people. I found the work challenging, and I had far exceeded any career path I had dreamed for myself. It was there that I was asked to do some research by one of the associates, Lawrence F. Giordano. I turned in the work, and he brought me in and told me it was good. He gave me some other assignments, and I was surprised to discover that he was actually using the research in various responses and motions. Going into all the reasons this was amazing to me would add nothing to this story; just suffice it to say that he made me feel smart, which was new for me. Very new.

I worked with him and his secretary, Sue Christenberry, for several years. I thought things were going fairly well, but apparently my boss thought otherwise. He called me in to his office one day and told me that he was tired of me putting in my two cents on the best way to handle his cases. He told me, verbatim, that I could not drive the bus without a license and handed me an application to the University of Tennessee College of Law. I was dumbstruck. The thought of attending law school was as foreign to me as becoming a brain surgeon. When I decided to try to be a paralegal, I had to go back and finish my undergrad degree (the path to which was a might crooked) because in order to get into the school I wanted to attend, the one that would give me the greatest chance at employment, I had to either have a bachelor’s degree or have an attorney recommend me. I didn’t know one to ask. Not one. To think I could be accepted by any law school, much less actually graduate and pass the bar? Out of the question. I held on to that application for a year. Kept it in my desk and pulled it out now and then. And during that year, Larry continued to encourage me. He made me think that just maybe I could do this.

And so I did.

Which brings me to today. I have worked at the Knox County District Attorney’s office since before I graduated law school and have been a prosecutor there since the day I (somehow) passed the bar. I am also the most fortunate soul in that I have been allowed to work the majority of those years where my passion lies; the prosecution of domestic violence cases. Four prosecutors and two of the best Victim Witness Coordinators you could ever ask to work alongside focus solely on these difficult and complicated cases. None of which would have occurred but for Larry’s encouragement. But my debt of gratitude to Larry goes beyond the fact that he pushed me into obtaining a law degree. I witnessed attributes from the years I worked with him that help me to this day.

He showed me that there is nothing wrong with arguing for your case strongly. Very strongly. Perhaps a little loudly as well. Passion for your client or your victim is not to be hidden or suppressed unless it takes away from your objectivity. Larry Giordano has always exemplified this and is not afraid to show just how much he cares for the cause or the client.

He personified that it is possible to argue against opposing counsel (please refer to the strong and at times loud comment above) but still have respect for them and to leave it in the court room. For myself, this is never more true than when I am arguing against members of the Knox County Public Defender’s Community Law Office, truly some of the hardest working and most dedicated attorneys in our bar. We can argue our opposite sides fiercely, but maintain respect for each other and, very often, friendship. Larry showed me that.

But the main thing Larry showed me was, even when dealing with complex situations, always use your common sense. Get to the heart of it and figure out the best thing to do for all involved, even if it is not the easiest path. Larry could break down an issue to its core and attack it or, more often than not, simplify it and solve it. He is not a one-note wonder and intuitively knows what is needed in each circumstance. This has guided me in so many ways. When trying to determine the best course to take on any given case, I try to remember that people’s lives are affected by the actions we take. The goal is to find out which path is most likely to keep the victim from being hurt again and to try to understand what brought the defendant in to that court room. What does he or she need to keep them from carrying out the same violent actions again? Demonizing a defendant in a domestic violence case is simplistic and damaging ultimately to the victim. To see each defendant as a monster aids in victim blaming because it should be easy to leave a monster. Not so easy to walk away from a person that you care about that has done a truly horrible thing for which they have to be held responsible and accountable. Could he or she benefit from mental health counseling, classes designed specifically for batterers, substance abuse treatment or is this someone whose act or history merits incarceration? The truth is seldom black or white. Each case is unique and should be treated so. Anyone that has ever worked with Larry would attest to the fact that he is thoughtful about each case and takes the time to find the right answer.

I will never be half the attorney Larry Giordano is, and almost thirty years have passed since he made me believe I could try. I am more grateful than ever to have had his example as my guide.

“The Last Word” column is coordinated by KBA Member Nick McCall. If you have an idea for a future column, please contact Nick at nick.mccall@gmail.com