As you know, Judy has been pushing me to share the events that I endured during my over 1/2 century before the bar.
Real life is much stranger than fiction. In fact I would not dream up some of the things that I’ve seen over the years.
During the large bulk of my life I was sheltered from the reality that I've observed in these elder cleansing cases. As just about everyone is aware my parents were part of the class of children of immigrants that had one goal. Be real Americans. As real Americans we spoke only English, and ate, slept and dreamt the American dream. For us it was baseball, hot dogs and Apple pie. Naturally I grew up in this environment, and while man’s inhumanity to man was running rampant all over the world in my niche I had two very large dogs that adopted me and protected me from real and imagined evil. (I was Jewish because if there was something unpleasant to do – it was either a Jewish holiday or I decreed it not to be kosher). Being Jewish was a great advantage, especially since my parents belonged the cult referred to as “Reformed Jews!” (Cult is a bad word) Thus, our Sabbath was the day of the weekend that was least inconvenient, dietary laws were optional, dress codes that interfered with our whim and caprice were un-American, and religious services were optional except when convenient or some life cycle event occurred such as a funeral, birth, or Devine assistance would be convenient. “Please God help me pass that GD examination!”
My legal career was similar. The criminal cases took a wide berth of me, as they were routine and deadly dull. Interesting people attached themselves to me and they brought in challenges and excitement. For instance, Frank Hoban took a liking to me. Frank just happened to be the President of Switchman’s Local number 1. Jackie Piccolo decided to use me to represent her in the purchase or her home. Jackie, who stood in her stocking feet a full five feet tall and a full five feet wide, happened to own a very popular bakery in “Little Italy” and a town in Sicily. Her bother was a 'hit man' for the mob. She got the idea in her head that if there was something to know about real estate and I did not know it – it was not worth knowing. She was not shy with her opinions or her praise of me. Norm Deletzky, delighted in demonstrating to his interested audience of Judy and I the attributes of his 300 plus patents and their applications. The route to discovery was sometimes filled with hazards and these hazards led to all sorts of interesting and profitable confrontations. Clifford Eaton, loved to watch real estate professionals teach me such skills as negotiation, priorities, creative financing, etc. Clifford dressed down for these occasions as we sojourned through the streets of Chicago purchasing real estate (for him). Eaton was a multi-millionaire dressed like a homeless person, drove a car that was condemned as unsafe during the Civil War. I looked 12 years old trying to be 20 and anxious to learn all the secrets of the world while standing on one foot. I got an education and joined a fun fraternity that consisted of some of the most interesting men and woman anyone could imagine.
For several decades I was Robin in search of Batman. The practice of law to me was filled with joy. I sat in my office or I went to court much like a vacationer went to the movies. It was rare that I had a client that I did not like, or for that matter an opposing attorney I was not fond. In point of fact most of the attorneys that I dealt with were people I wanted to cultivate as friends. Even people who should have been my natural enemies made an effort to treat me fairly and appropriately. Yes, most of this did not come easy, but, fortuitously circumstances developed that made my practice all that anyone could hope for. It was not an exaggeration to say that I rarely had to work – what I was doing was not work! It was the pursuit of enjoyment.
The stereotypical lawyer found it difficult to maintain his seriousness in cases involving me. Something would always come up that would draw our mutual intellectual interest or ***** and the case took on new meaning. As an example, in the Berger case, Ida’s background and relationships were interesting especially since so infuriated the ‘powers that be’ at the Chicago Board of Education. Norm Deletzke’s radio phone connecting her to the outside world and the Chicago Police Department. It created almost un-natural ire in the school principal who was hysterical that Ida in her 4th floor classroom was not isolated or helpless. As an example, when several hoodlums assigned to her classroom dragged a female student into the cloak room and started to rip off the student's clothes, Ms. Berger was able to call the police and interfere with the intended rape.
The principal was furious! She focused upon the unauthorized communication with the police and insisted that it was insubordination for the call to be made to the police. Ambassador Mansfield and Senator Tunney (D. Cal) at first were livid, but were mollified when they saw that everything was under control and Ida was giving as well as she was getting.
The bizarreness exhibited in the Berger case was so out of line that all the attorneys had to laugh when they thought about it. We all rubbed our heads when the bureaucrats at the Chicago Board of Education charged Ms. Berger with insubordination and started proceedings to fire her. Protecting children from harm was a strong part of the mission of the public schools
We (the attorneys) lunched together as we read together copies of Dr. Charles’ report finding Ida Berger “witty and charming” and Dr. Abrams report lauding MS Berger’s demeanor *****. We had the Workman’s Compensation Board laughing to the point of tears in the Chicago Schools appeal of a Workman’s compensation appeal. J W, the attorney for the Board, delivered the arguments that he was directed to deliver in a serious manner. He fought to maintain a straight face but did so. Afterwards, we drove home together laughing and joking as if we had just been to “Second City.” The laughing continued when the Commission made an ultra vires ruling – they increased the award and attorney fees. (We never figured out the basis - but I was not going to look a gift horse in the mouth). To this day JW and I are friends and we still laugh about the case.
Unfortunately, in the decade before the turn of the century the practice of law degenerated. I noticed it when, in a routine case, when a jury came in with a verdict in my client’s favor my young opponent turned extremely hostile and nasty. All pretense at civility disappeared. He stomped out of the courtroom as if the devil was on his tail. His petition for Judgment notwithstanding the verdict was an unprovoked attack on me and my client. It was absurd and denied by the court. I subsequently learned that his firm had assured the client that victory was a certainty and thus had to face an angry client. The young lawyer had been terminated for losing a case that had a careful examination of the case been had prior to trial he would have known it was a loser. A senior at the law firm, after a notice of appeal had been filed, called to attempt to negotiate a settlement. The senior was not aware that my tentacles reached well into the grapevine of the profession and was surprised when I made a counter-offer that included the reinstatement of my young opponent. Ultimately, we settled for 100% on the dollar and my client waived the post judgment interest. My young opponent never called me and was never reinstated.
The incivility even applied to real estate closing and business applications in too many instances. The world changed in the blink of an eye. I tried to be the same person that I started out to be, but even I found that I could not remain silent. The maintenance of civility was profitable and led to some interesting scenarios. It became more and more difficult.
In one instance, I was the attorney for a company that manufactured Pallets. One of the principals developed and patented a machine that would take scrap lumber and turn it in usable Pallets. The machine was marketed a $15,000 per unit. My clients were not very good at marketing and it was not long before the competition was purchasing the machines from the client and then reselling them at $30,000 a unit. It also was not long before a major competitor found holes in the patent and made a competing machine. Their machine had one flaw – it did not work.
The unhappy competitor solved the competition problem by suing my client in California, New York, Arkansas, Texas, Wisconsin etc. on a title 15 anti-trust action. The timing was absolutely perfect - the economy had taken a turn for the worse and one of our chief subcontractors had filed for bankruptcy. After a meeting with the clients, it was decided that we could get rid of the bogus lawsuits by filing for Chapter 11 Bankruptcy protection – this would move the litigation to Chicago and we could deal with it all in one place. The competitor did not want to face a counterclaim or worse.
The Bankruptcy induced a large International company to look into the subject company with an eye toward acquisition. For reasons that escape me that Chapter 11 made the assets more valuable. The International company sent me a contract that was on 8x11 paper and was a booklet that was an inch high. the offer came by private messenger on a Friday afternoon. I was unimpressed and a little gritty. I looked at the document, and sent it right back with a note that said:
“I am Jewish, and my religion will not allow me to examine any document that is more than four pages in length.”
As I was about leave the office at the end of the day, a messenger appeared with a six page contract and a three page letter of apology. When I looked at the offer price I had to sit down. My clients accepted the deal.
The closing was held at the Bank by mutual agreement. Appearing for the International buyer was a team from a New York law firm lead by one of the name partners. I guess I was supposed to be impressed. They treated me as if I was a junior clerk who had an IQ of something less than 30. No one talked to me (except my client). I have to say that is a bit of an exaggeration – they grunted – “let’s see the Bill of Sale!” or “creditors affidavit” or “assignment of lease.” They would then all examine the documents as if I passing pornographic literature around, grunt, and go down the check list. Finally we got down to the money. I was handed a cashers check for 4.3 million dollars. I demonstrated my accumen by saying to the banker: “Please deposit this into account xxxx and endorse it ‘pay to the account of the named payee;” The Banker responded with I cannot do that sir, we have to have physical endorsement from the payees.
My two clients laughed, signed where indicated and the check was deposited. Thereupon the team of lawyers got up and without a word of “goodbye” or **** started to walk out of the room. I then popped up with:
“Did you gentleman forget something?”
Out came the cheat sheet again and for the next 15 minutes they went through the documents checking each to the list. Finally, in a disquieted manner the partner assured me that indeed, they got everything that they had listed in the Contract.
I then asked him why his client purchased my client. I was informed that such was not his ‘paygrade.’ Thereupon, I told him he had committed a serious malpractice and he should feel very blessed that he was dealing with Illinois farmers. (My clients were not farmers – both were Chicago firefighters). I then handed him the patents properly assigned and acknowledged. His face when stark white! My two clients and then exited the room conveying our best wishes.
The next morning I received an International telephone call from the Chairman of Board of the purchaser. He called to thank me for living up to the spirit of the contract even though the contract was deficient and did not ask for the patents. I informed him that here in Mid-America our heritage was to live up to our agreements and that we knew that whether or not a particular term was in the written document all essential terms were understood. I reminded him that a decade before the deal would have been accomplished by the simple words – is x company for sale. I want to buy it for $1.50. Agreed. A couple days later for the $1.50 I would issue bills of sales and assignments for all the assets. If I forgot something, you could call me at any time into perpetuity and compliance was mandatory.
The Chairman remembered that he heard about my transaction with a New York Bank that lent my client $8 million dollars and never obtained the signed promissory notes and security. He knew that we made good on that transaction as well.
At that point in time, unilaterally the chairman, informed me that he wanted to hire both of my clients as consultants at an annual salary of $100,000 a year. All he wanted was to be able to call upon either of them and get an answer to any question he had. On behalf of each, I accepted. (Ray James took the assignment seriously and before anyone knew what was happening the American Unit was reorganized, making a profit, and was utilizing the purchased company to a substantial benefit for the entire International company. Ray without a title had become the go=to guy! - he would not accept any honors or increase in remuneration - he thought that $100,000 was overpaying him)
I learned from many of my brethren that my experiences were not unique though not commonplace. Yes, the International Company did hire my partner and I as their attorneys and for several years we received some very nice assignments. And yes, this was not an isolated event.
It was not until in April 2010 I learned of the Mary Sykes affair 09 P 4585 that I actually rubbed elbows with the Nadir of the legal profession. **** all were new entities for me. I never experienced individuals such as they. Yes, in my prior and even in my subsequent years I brushed next to some terrible criminals including several who Federal investigators would give their right arms to see in jail. What is ironic these terrible criminals exhibited a code of decency and I believed there was even an honor that existed. The current group of miscreants lead by Jerome Larkin exhibit no decency whatsoever. Indeed, it was incomprehensible that the elderly and infirm could be a court sponsored target to be preyed upon. What was done to Mary Sykes, Alice Gore **** was unthinkable. The scenario of the Illinois Supreme Court and its entity the IARDC participating in the criminal conspiracy of elder cleansing was/is beyond conception. Indeed - the highest legal authority in Illinois engaging in JIM CROW ******.
When I heard the facts of the Lanre Amu case I was dumbfounded. When I read the opinions of the kangaroo panels the racial nexus popped out at me like a sledge hammer. Amu had been suspended for “practicing law while black!” I wrote letters of protest and got about the same response as I would had received if I had written the Klu Klux Klan and “Bull Connor!” Even my Congressman was not interested. Senator Durbin sent me a copy of one of his speeches in which he mentioned Social Security.
The final straw was on April 9, 2015 when openly and notoriously Jerome Larkin the agency of the Supreme Court of Illinois, the Illinois Attorney Registration and Disciplinary commission barred Diane Nash from the hearing room in which JoAnne was defending the assault on her Constitutional Rights by Mr. Jerome Larkin. I cannot tell you who upset and angry this scenario makes me. Ms. Nash was and is one of the leaders in the historical Civil Rights movement in the United States. She was intending to attend the hearing because of the open and notorious assaults that Mr. Larkin and his comrades are making on the core values of America. Larkin and his thugs like their racist pals in the 1950/60’s barred the door!
I e-mailed Larkin and essentially asked him to ‘save face’ by issuing an apology. I suggested that even his insincere apology would be better than nothing. Of course – Larkin and his gang have not apologized – they are consistent in their disdain for the Constitution.
Ken Ditkowsky
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