November 20, 2024 • 9 mins
On this episode of Our American Stories, Bill Bryk knows when to start a case on behalf of others... and has learned when to rest.
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Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:10):
This is our American Stories and up next to story
from one of our regular contributors who also happens to
be a lawyer, Bill Brike. Some people don't have the
highest view of lawyers. Well, lots of people don't, but
not every lawyer is an ambulance chaser. Let's listen to
Bill Brake.
Speaker 2 (00:32):
I understand I'm the only active practicing lawyer in rural
and from New Hampshire. That may make me the best
lawyer in a one lawyer town. I was writing one
Saturday morning when a neighbor telephoned with a problem. Her
seventeen year old daughter had received a speeding ticket a
little after three pm on December fourth, twenty seventeen. She'd
(00:55):
been driving a friend to a medical appointment in Conquered,
New Hampshire. She was more concerned for her passenger than
the speed limit. She didn't notice the speed limit had
dropped from sixty five to fifty. She was barreling along
at seventy five. Anyway, she was stopped in Hennecker, a
small town en Route two oh two, the main road
between Antrim and Conquered. The traffic stop was just bad luck.
(01:18):
An acquaintance that lives in my town is a self
confessed leadfoot Antram's Constabulary had stopped him twice during the
last two years. Each time he was cautioned to slow
down and sent on his way without a ticket. The
Hennecker police apparently exercised their discretion differently. She paid the fine.
(01:38):
There were two things she didn't know about New Hampshire
traffic law, which I too didn't know until it became
my business to know. First, paying the fine is in
admission of guilt game over second, drivers under the age
of twenty who plead guilty to a traffic violation risk
a twenty day suspension of their licenses. The daughter had
(02:01):
received a notice of hearing from the New Hampshire Department
of Safety's Bureau of Hearings. Her parents sent me a
PDF of the notice. E mail and PDF images are
good things, and I began reviewing the relevant statutes and
the Bureau's rules of procedure. If she default it didn't
show up, her license would be suspended for twenty days.
(02:23):
If she appeared, she could present evidence in mitigation of penalty.
The notice of hearing and the legal materials agreed that
a respondent may make a plea in mitigation of penalty
in her case by presenting evidence of an otherwise spotless
driving record and the effects of a suspension on her
education and employment. Her parents e mailed me more documents.
(02:45):
Their daughters in her senior year of high school with
a three point five index and an internship, she's working
for college credit. She has been accepted to six colleges
in New Hampshire and Massachusetts, and has applications out to
as many more outside the Granite State. She drives to
school and the internship. She also drives to outstate colleges
(03:05):
for interviews as part of the application process. All these
things were important, both now and in her future. Both
parents work Suspending her license would inconvenience the entire family,
so I took the case, learning a new area of law.
As part of the lawyer's trade, I'd spent eight years
(03:26):
prosecuting employee disciplinary cases before administrative law judges. I'd presided
over a couple of dozen proceedings as a hearing officer.
I've represented hundreds of clients at bankruptcy hearings. This kind
of work wasn't wholly unfamiliar, But a few years had
gone by since my last trial, and I'd never been
counsel for the defense. I was retained on Saturday. The
(03:49):
hearing was on Wednesday. Time to work. Preparation is everything
at a trial. On Sunday, after mass, I drove through Hennecker,
a long route two oh two from border to border,
to see whether any of the signage was defective. It wasn't. Still,
the lawyer should always go to the scene of the
(04:09):
incident to see for himself. I was finishing my draft
direct examination when mister Boo entered the room, more formally
known as bulling broke our shy, gentle and affectionate ferreal
Tabby began weaving about my ankles and hewing when he
thought I wasn't paying him enough attention. I had work
to do. I walked from my office. Mister Boo followed
(04:32):
once far enough down the hall, I doubled back and
closed the door. My client's parents would pay me not
to pay attention to mister Boo for a few days.
Their fee will keep me in whiskey and cigars and
cat food toooooo. My client initially wanted to default, but
on learning I'd done some work, she asked her father
(04:55):
to bring her to my office so we might talk
about it. I told her that though her parents were
we're paying my fee. She was my client, not them.
I'd execute her instructions. I'd an ethical duty to do that.
I couldn't guarantee success. If she didn't want to defend
the case, I'd do everything I could to expedite the
suspension and return of her license. We talked for a
(05:18):
bit about her hopes and dreams of majoring in art
and becoming a painter and sculptor. Then we went through
my draft direct examination. I explained my reasons for asking
each question, elicited her answers, and suggested appropriate and truthful responses.
James Fenimore Cooper called this practice horse shedding the witness.
(05:40):
The phrase stemmed from the observation of attorneys who rehearsed
their witnesses and carriage sheds near the courthouse in White Plains,
New York. Any resemblance to an excremental phrase was probably
intentional to me. This is legitimate witness preparation. The best
client is one empowered with an understanding of the process.
They become more comfortable despite its distressful situation once they
(06:03):
understand how best to testify truthfully. Before they take the stand,
we knew she'd already pled guilty to speeding by paying
the ticket. Her arguments and medication of penalty were strong,
great grades a job and acceptances to good colleges. At
the end of the conversation, I asked her to talk
about this with her father, left the room, gave them
(06:25):
five minutes, and returned to find that she changed her mind.
She wanted to fight, the understanding she might lose. Until then,
I hadn't expressed an opinion on whether to fight. That
had to be her decision without pressure from me. Now
I told her that she'd made the correct decision. Better
to fight than just ruled over. I quoted Pascal. God
(06:47):
does not require us to succeed, He requires us to try.
On Wednesday morning, I drove to my client's house, and
her parents drove us to the Bureau of Hearings and conquered.
We went over the questions again. She admitted nervousness, but
felt less nervous than before. We were second on the calendar.
(07:08):
The hearing examiner was a pleasant, good looking man of
about thirty five. He was warm and friendly, without being familiar.
He started on time at nine a m. And explained
the process in clear, simple terms. He conducted the first hearing.
Then he called my client's case. We went up to
council's table. I began my direct examination. She explained why
(07:31):
she was driving to Conquer, taking a friend to a doctor.
I introduced a copy of the traffic summons into evidence
and moved to dismiss the state's case because of a
flaw on the ticket's face. The examiner was interested by
my argument, but denied the motion. I then brought in
her transcript and asked about her extracurriculars. Her answers made
(07:51):
clear that a suspension would interfere with her education and
extracurriculars and affect her parents, who would then have to
transport her to and from school. We're in rural New Hampshire.
Our regional high school is about twenty miles away by car.
There's no public transportation unless one counts a shabby school
bus with some rowdy, unpleasant student riders. I was about
(08:13):
to bring in the evidence of her internship, no money
but college credit, when the examiner smiled. He waved his
hand warmly, saying I've heard enough. Don't keep talking when
you have won. I shut my mouth over. Preparing is better.
The hearing examiner didn't suspend the license or levy another fine.
He gave her a year's probation without another hearing. The
(08:36):
client and her parents are happy. Now I get to
send them the bill.
Speaker 1 (08:41):
And you've been listening to Bill Brake tell well a
nice lawyer's story, not an unpleasant one, but a really
nice one. And by the way, we all hate lawyers,
and so of course we need one that we love
them and hate them. And if you're a lawyer listening, well,
I'm an ex lawyer. Well, I never actually practiced, but
I went to law school. So so many of my
friends are and live with us, live with this, their
whole lives, this duvality of people loving n Padian the
(09:04):
story of Bill Brike defending a young girl in his hometown,
teaching her to fight, and a judge giving the greatest
lesson of all when you've won. Shut up Bill Brake's
story here on our American Story
This is our American Stories and up next to story
from one of our regular contributors who also happens to
be a lawyer, Bill Brike. Some people don't have the
highest view of lawyers. Well, lots of people don't, but
not every lawyer is an ambulance chaser. Let's listen to
Bill Brake.
Speaker 2 (00:32):
I understand I'm the only active practicing lawyer in rural
and from New Hampshire. That may make me the best
lawyer in a one lawyer town. I was writing one
Saturday morning when a neighbor telephoned with a problem. Her
seventeen year old daughter had received a speeding ticket a
little after three pm on December fourth, twenty seventeen. She'd
(00:55):
been driving a friend to a medical appointment in Conquered,
New Hampshire. She was more concerned for her passenger than
the speed limit. She didn't notice the speed limit had
dropped from sixty five to fifty. She was barreling along
at seventy five. Anyway, she was stopped in Hennecker, a
small town en Route two oh two, the main road
between Antrim and Conquered. The traffic stop was just bad luck.
(01:18):
An acquaintance that lives in my town is a self
confessed leadfoot Antram's Constabulary had stopped him twice during the
last two years. Each time he was cautioned to slow
down and sent on his way without a ticket. The
Hennecker police apparently exercised their discretion differently. She paid the fine.
(01:38):
There were two things she didn't know about New Hampshire
traffic law, which I too didn't know until it became
my business to know. First, paying the fine is in
admission of guilt game over second, drivers under the age
of twenty who plead guilty to a traffic violation risk
a twenty day suspension of their licenses. The daughter had
(02:01):
received a notice of hearing from the New Hampshire Department
of Safety's Bureau of Hearings. Her parents sent me a
PDF of the notice. E mail and PDF images are
good things, and I began reviewing the relevant statutes and
the Bureau's rules of procedure. If she default it didn't
show up, her license would be suspended for twenty days.
(02:23):
If she appeared, she could present evidence in mitigation of penalty.
The notice of hearing and the legal materials agreed that
a respondent may make a plea in mitigation of penalty
in her case by presenting evidence of an otherwise spotless
driving record and the effects of a suspension on her
education and employment. Her parents e mailed me more documents.
(02:45):
Their daughters in her senior year of high school with
a three point five index and an internship, she's working
for college credit. She has been accepted to six colleges
in New Hampshire and Massachusetts, and has applications out to
as many more outside the Granite State. She drives to
school and the internship. She also drives to outstate colleges
(03:05):
for interviews as part of the application process. All these
things were important, both now and in her future. Both
parents work Suspending her license would inconvenience the entire family,
so I took the case, learning a new area of law.
As part of the lawyer's trade, I'd spent eight years
(03:26):
prosecuting employee disciplinary cases before administrative law judges. I'd presided
over a couple of dozen proceedings as a hearing officer.
I've represented hundreds of clients at bankruptcy hearings. This kind
of work wasn't wholly unfamiliar, But a few years had
gone by since my last trial, and I'd never been
counsel for the defense. I was retained on Saturday. The
(03:49):
hearing was on Wednesday. Time to work. Preparation is everything
at a trial. On Sunday, after mass, I drove through Hennecker,
a long route two oh two from border to border,
to see whether any of the signage was defective. It wasn't. Still,
the lawyer should always go to the scene of the
(04:09):
incident to see for himself. I was finishing my draft
direct examination when mister Boo entered the room, more formally
known as bulling broke our shy, gentle and affectionate ferreal
Tabby began weaving about my ankles and hewing when he
thought I wasn't paying him enough attention. I had work
to do. I walked from my office. Mister Boo followed
(04:32):
once far enough down the hall, I doubled back and
closed the door. My client's parents would pay me not
to pay attention to mister Boo for a few days.
Their fee will keep me in whiskey and cigars and
cat food toooooo. My client initially wanted to default, but
on learning I'd done some work, she asked her father
(04:55):
to bring her to my office so we might talk
about it. I told her that though her parents were
we're paying my fee. She was my client, not them.
I'd execute her instructions. I'd an ethical duty to do that.
I couldn't guarantee success. If she didn't want to defend
the case, I'd do everything I could to expedite the
suspension and return of her license. We talked for a
(05:18):
bit about her hopes and dreams of majoring in art
and becoming a painter and sculptor. Then we went through
my draft direct examination. I explained my reasons for asking
each question, elicited her answers, and suggested appropriate and truthful responses.
James Fenimore Cooper called this practice horse shedding the witness.
(05:40):
The phrase stemmed from the observation of attorneys who rehearsed
their witnesses and carriage sheds near the courthouse in White Plains,
New York. Any resemblance to an excremental phrase was probably
intentional to me. This is legitimate witness preparation. The best
client is one empowered with an understanding of the process.
They become more comfortable despite its distressful situation once they
(06:03):
understand how best to testify truthfully. Before they take the stand,
we knew she'd already pled guilty to speeding by paying
the ticket. Her arguments and medication of penalty were strong,
great grades a job and acceptances to good colleges. At
the end of the conversation, I asked her to talk
about this with her father, left the room, gave them
(06:25):
five minutes, and returned to find that she changed her mind.
She wanted to fight, the understanding she might lose. Until then,
I hadn't expressed an opinion on whether to fight. That
had to be her decision without pressure from me. Now
I told her that she'd made the correct decision. Better
to fight than just ruled over. I quoted Pascal. God
(06:47):
does not require us to succeed, He requires us to try.
On Wednesday morning, I drove to my client's house, and
her parents drove us to the Bureau of Hearings and conquered.
We went over the questions again. She admitted nervousness, but
felt less nervous than before. We were second on the calendar.
(07:08):
The hearing examiner was a pleasant, good looking man of
about thirty five. He was warm and friendly, without being familiar.
He started on time at nine a m. And explained
the process in clear, simple terms. He conducted the first hearing.
Then he called my client's case. We went up to
council's table. I began my direct examination. She explained why
(07:31):
she was driving to Conquer, taking a friend to a doctor.
I introduced a copy of the traffic summons into evidence
and moved to dismiss the state's case because of a
flaw on the ticket's face. The examiner was interested by
my argument, but denied the motion. I then brought in
her transcript and asked about her extracurriculars. Her answers made
(07:51):
clear that a suspension would interfere with her education and
extracurriculars and affect her parents, who would then have to
transport her to and from school. We're in rural New Hampshire.
Our regional high school is about twenty miles away by car.
There's no public transportation unless one counts a shabby school
bus with some rowdy, unpleasant student riders. I was about
(08:13):
to bring in the evidence of her internship, no money
but college credit, when the examiner smiled. He waved his
hand warmly, saying I've heard enough. Don't keep talking when
you have won. I shut my mouth over. Preparing is better.
The hearing examiner didn't suspend the license or levy another fine.
He gave her a year's probation without another hearing. The
(08:36):
client and her parents are happy. Now I get to
send them the bill.
Speaker 1 (08:41):
And you've been listening to Bill Brake tell well a
nice lawyer's story, not an unpleasant one, but a really
nice one. And by the way, we all hate lawyers,
and so of course we need one that we love
them and hate them. And if you're a lawyer listening, well,
I'm an ex lawyer. Well, I never actually practiced, but
I went to law school. So so many of my
friends are and live with us, live with this, their
whole lives, this duvality of people loving n Padian the
(09:04):
story of Bill Brike defending a young girl in his hometown,
teaching her to fight, and a judge giving the greatest
lesson of all when you've won. Shut up Bill Brake's
story here on our American Story
Host
Lee Habeeb
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