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MindFlex - Harry Rothenberg, Esq. - "Harry the Jew:" Judaism on Trial in the Workplace
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Categories:Torah
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Auto-generated transcript. Not time-synced to the video.
harry rothenberg you're now streaming
live on project inspire mindflex
thank you so much for joining us looking
forward to hearing your class
thank you very much thank you to to you
and to everybody at project inspire
i always appreciate the opportunity um
so
wanted to talk tonight about uh judaism
on trial in the workplace
what it's like to be jewish or in my
case very visibly jewish with this uh
fashion accessory on my head pretty much
wherever i go
whether i'm in court or meeting with
clients or mediations in front of judges
defense attorneys and insurance
adjusters uh and the like
um before i get to the the workplace
though i'll tell you a quick story
from my youth that i think sets up a lot
of
my my jewish identity um so
i was around 11 years old maybe 12 years
old
and convinced my mother that i was old
enough to take my two next younger
siblings to 7-eleven
on my own so to get slurpees so she gave
us whatever we needed back in the day a
dollar two dollars to buy a few slurpees
had across two streets which we did
successfully on the way
i'm wearing my yamaha my brother is
wearing his yamaha or with my sister as
well
some teenagers older 15 16 17 year olds
start teasing us
and it became obvious that they were
teasing us because we were jewish and
then they started throwing pennies at us
which is very weird
um but we made the 7-eleven got the
slurpees looked you know
both ways many times on the way back to
make sure they weren't there and we made
it home we got home
and my mother said you know how did it
go i said fine and my younger sister
said you know tell her about the you
know the pennies
i was like just just don't don't don't
you know uh
just don't say anything okay what are
you talking about
it's all right there was some some uh
some teenagers and they they kind of
were starting up with us and yelling
stuff at us about being jewish
um they're throwing pennies at us her
mother had a look on her face i've never
seen before
and she said look it's um you know
you've heard about it before people
don't like jews it's anti-semitism
and i said well why are they throwing
pennies out it's like what was what was
that all about
and she said well for some reason and i
never understand a lot of people say the
jews are cheap
so they throw pennies you know show you
know the cheap jews
so i didn't tell her this i don't know
if i ever told this or maybe she's heard
me tell the story
uh many years later that um
i just had the type of personality maybe
because it's me
because i take after my father maybe
there's something from philadelphia that
if somebody starts up with me i can't
i can't help it i want to i want to give
it back but there really wasn't any way
i could give it back to these older
teenagers
or i would have gotten pounded into the
pavement so the only thing i could think
of doing to show them up
was that i picked up the pennies
and i put them in my pocket you know to
show them thinking i was showing them up
when in reality i realized that's why
they were laughing even harder because i
had proved
their thesis that you see those jews are
cheap looking picking up depends
so it was terribly embarrassing um but i
remember it's always stuck with me that
that horrible feeling of being singled
out because i was jewish
so now let's skip ahead to the workplace
i had
taken off two years after graduating
from columbia
uh as in to get my college degree i had
gotten accepted to harvard for law
school
but decided that i needed to make up my
mind about my judaism because
at the time i wasn't particularly
serious about it i had grown up in an
observant home i go on day school
but at the time i would say that my my
relationship to judaism was that i
didn't let it get in the way of a good
time
and there were certain things that i did
didn't really know why i was doing them
certain things i didn't do maybe i
should be doing them so i decided to
take off a year
with my parents permission and support
which turned into two years in yeshiva
in israel during the second year
i got engaged to a young woman that i
had met while i was back in college
and we got married and i started law
school so the first experience i had
where i felt that potential conflict
between my
religion and the public way in which
i've chosen to express it
and my career could not have happened at
an earlier time
and and when i say publicly expressed i
should be clear i don't people think
okay here's a yamaka you know i'm a
woman i'm not wearing a yamaka
or i'm a man i'm not wearing yamaka but
i have you know certain rituals that i
do
being jewish in the workplace can mean a
lot of things it can mean looking jewish
you mean having a jewish name it can
mean yamaka it can mean
dressing modestly it can be leaving
early for shabbat or for a holiday
it could mean eating kosher it can mean
um
a an unwillingness to do something
because you feel it's unethical or
immoral communal sorts of things
for me it's more obvious because it's
visible because of the outcome so
first day first class at harvard law
school
i am sitting in class and professor
wilkins
young dynamic professor is probably now
a an older dynamic professor at law
school
comes in introduces himself he says how
many of you have seen the movie
paperchase
every hand in the room goes up is how
many of you have read the book one
l every hand goes up paperchase is a
famous movie
later turned into a television show
about harvard law school and the star
was this authoritarian this
tyrant of a professor who would
humiliate the students and it was a very
popular
movie and tv show because what's more
fun than watching other people get
humiliated
1l was scott terrell's first book before
he became famous as a writer of legal
thrillers he wrote a book about his 1l
experience a 1l is like a freshman in
college
your first it's a first year law student
and in that book there are these
heartwarming scenes where for example
the professor would come in on the first
day first class and he would say
to the students pick three students and
say i want the three of you to look at
each other
because by the time we get to graduation
only one of you is still going to be
here
because two out of three are going to
flunk out so we all knew about this we
had read or seen these these depictions
of how scary you could be
at harvard law school and he said i want
you to know
there may well have been a time when it
used to be like that here
but it no longer is we are not here to
intimidate you
we're not here to harass you we're not
here to embarrass
anyone we're here to educate you and at
times we may even
entertain you so i want everyone to
relax and you like feel in the room like
okay that sounds much better than what
we've been led to believe is however
we are going to use the socratic method
it's named after socrates the greek
philosopher
i'm going to ask the question and then
i'm going to call on a guinea pig i need
a volunteer
and that person is going to answer then
i'm going to ask another question so
question answer
and i'm thinking to myself after two
years in yeshiva i thought the rabbis
invented that back and forth but fine
i'm not going to argue
give credit to socrates great she says
okay let's begin your legal education
and he gets ready to start asking the
first question now
in college for those who haven't been to
law school or other graduate schools or
maybe similar
in college your first day first class is
a meet and greet
you're not expected to do anything you
come in you talk about the summer
vacation you go around the room
everybody says their name
and and where they're from maybe and
what they did over this or what
you know their their plans their major
uh that you go through the syllabus
there's no
serious questions on the first day in
college but in law school it's very
different
in that you have been expected to read
and brief and be ready to answer
questions on 40 50 60 pages worth of
cases
there were professors for example one of
my favorite professors my third year
um would walk in i remember her walking
on the very first day there was no hello
she started calling on people by name um
you may have heard of her name
is at the time she was known as
professor elizabeth warren
she has gone on to uh greater fame not a
big fan of her politics
for whatever that's worth but i was a
very big fan of her as a professor
fantastic professor
so here he is professor wilkins about
ready to ask the first question
and i'm thinking to myself i don't want
to be the first dude called on i've been
in yeshiva the last two years
i'm a little out of practice in my
secular academic career so i know what
i'm going to do
i'm going to make sure not to make eye
contact because if you look at the
professor
when he's asking a question you look too
eager you might look like you want to be
calm on
so i am looking down at my notes no way
no how am i lifting up my head to make
eye contact because i
do not want to be called on
and so he starts pacing the room and he
says all right
who can tell me what did the smith court
say
about non-mutual defensive
collateral estoppel and he stops and i
can see while looking down
that his shadow is right above my
notebook i'm sitting in the second row
in this beautiful amphitheater and i'm
thinking
well and sure enough he says how about
you
mr jew and it was like the earth open
that i fell in like
i can't believe he made that whole
speech he's not going to embarrass
anybody and he calls me mr jew because
i'm wearing a yarmulke in my head like i
i get isn't that discrimination how's he
even allowed to do that
i don't think like i don't even know
what the question was i'm having a
complete
meltdown when all of a sudden the guy
sitting directly in front of me in the
first row
starts answering the question the asian
fellow
thomas jew j-o-o
now i admit that during the two and a
half seconds that it took tom drew a
great guy by the way
to clear his throat and start answering
the question i absolutely regretted my
decision to be
visibly jewish in my chosen career i am
sure that i was thinking to myself
why did you have to wear your beanie you
could have warned i'm from philly you
could have worn your philly's hat your
sisters had your flyers had
your eagles hat what were you thinking
and that was the first
and the last time that i ever felt that
way ever
in my career this is going back that was
the fall of 1990
i do not remember even a second's worth
of regret
over my decision to publicly
represent the jewish religion so i will
tell you
that it can lead to certain moments that
can be a little awkward
um but that's fine there are all sorts
of moments in life they can be awkward
we only grow when we leave our comfort
zone for example
uh when i first started work before i
joined the family business
representing uh victims of catastrophic
injury
i worked at a big firm and i was working
on a corporate deal and i realized
that i ought to remind the senior
partner whom i was working
that i have to leave early on friday
because maybe he's going to need
somebody to replace me
so i went to his office i said it's
tuesday or wednesday and i said you know
i'm working on the such-and-such deal so
i'll remind you
that i have to leave early on friday
because i'm a savage observer he said
sure
um what time do you have to leave i said
well it's the winters the sabbath begins
around 4
30. i live in passaic new jersey uh so i
like to leave myself two hours you never
know what's going to happen with traffic
you're trying to get out of manhattan
and you know i'd like to get ready so i
probably leave around 2 30.
um he said when does it end i said it's
about 25 hours later so it'll be over
about 5 30 saturday night i can come
right in saturday night
and resume work he's let me ask you this
i'm thinking that that
deal you see based on where it is today
i think it'll probably go another few
days
and it probably will end this friday
night in the wee
hours so could you stay in the office
until say three in the morning
we'll send you home in a car you can
start the sabbath let's say 4 a.m
friday night saturday morning and then
keep it until saturday night at 5 00 am
so still the same 25 hours you'll just
shift them over
now i've been a lawyer for about five
minutes at this point this guy's a
senior partner i'm thinking like
how am i going to explain this to him
the only way to explain them was
tell him the truth and tell him what's
going on i said um
i'm sure you're familiar with the with
some of the opening scenes in the bible
he said yes
i said where god creates the world in
six days he said yes
and then he rests on the seventh day he
said yes i'm familiar with that i said
well that's when i have to rest it's not
negotiable
i can't shift that over because god
rested at the end of the sixth day so at
the end of the sixth day when it gets
dark
that's when i have to start this out so
his demeanor instantly changed he said
i'm so sorry
i feel guilty that i even answered the
question i would never ask you to
compromise your religious beliefs i said
you don't apologize happens to be an
ingenious question
there are certain areas of flexibility
for example
i don't like to ever enter a non-kosher
restaurant you know first of all i don't
like when to be in a room or somebody's
having a better time than me it's just
uncomfortable but sometimes i have no
choice
something from traveling there's no
other place to meet somebody it's a
conference that have to go along
so that is why god invented baseball
caps and diet coke a fruit plate because
that's what you do
you could have some flexibility can't
eat the non-kosher food whereas here
there's no flexibility so i explained
them
that here there's no selection he's fine
i totally get it
it could also be awkward with
co-religionists you could have somebody
who's jewish
and who's who's you know observant in
different ways than you are
i always like to say that we're all
observant i hate when you get into these
categories
i'm observant i'm not observant um you
know i once was in a room with somebody
people going around the normal person
said
i'm servant one person said i'm
conservative one person said i'm
reformed
one guy said i'm retired from judaism
it's ridiculous we're all observant what
do i mean
did you if there's somebody out there
who considers himself non-observant
did you murder somebody today i mean did
you bow down to an idol there are all
sorts of commandments did you observe
today okay so we're different levels of
observance but we're all
you know holding somewhere in terms of
our in terms of our judaism
so i was at the holiday party this is a
month or so later in the same big family
that
it's really the xmas party called the
holiday party it was very nice they got
kosher food for me and the one other
fellow who kept kosher
and um while i was there a a partner
more senior person who might have done
some work different fellow have to be
jewish
he says to me how you know i need to run
to the restroom can you just hold my
plate of food so church i start to reach
out my hand
there are very few types of food that
are recognizably not kosher
shrimp is one of them he starts handing
a plate filled with shrimp
and my hand we coiled in horror actually
step back i said
i i can't hold that what's the problem i
said
it's shrimp it's not kosher he's like
rothenberg i'm not asking you to eat it
just hold the stupid plate so i could go
to the bathroom so now i have to explain
to him
there's this concept called calmarus
iron that there might be another jewish
person
and they might see me wearing my yamaha
holding a plate of shrimp and they'll
assume oh that can't be real shrimp it
must be mock shrimp since it's fake
shrimp it must be okay for me to eat it
so i can eat he's like you know what
spare me to tell you to lecture i'll
find somebody else to hold it so it can
be
interesting awkward amusing it's fine
explain yourself
and people more often than not will
respect it particularly employers who
are more interested or most interested
these days
in honesty and loyalty and
responsibility and intelligence
and creativity and ingenuity and not you
know you're you know fifth generation or
whatever 20th generation from the
mayflower
you're just fine being being visibly
jewish in today's
you know increasingly more diverse
workplaces um and sometimes it could be
funny
i the first very significant case i had
when i went into
personal injury practice uh involved the
fellow who was
uh rear-ended he was stuck he was
trapped between two cars
ended up getting 23 surgeries he was
crippled horrifying case
so we tried to settle for trial had a
significant offer but not enough went
ahead to trial
before trial the judge said i want to
held the settlement conference he forced
the adjusters all the lawyers
into the courtroom we spent two days and
eventually we settled the case settled
with like six
million and uh six and a quarter million
dollars so after the first day of
negotiations
when the offer had gone up from like
three to four million dollars we're
walking out of the courthouse
out of the courtroom and the main
defense lawyer whom i've been litigating
for the last couple years
he had noticed something in the
courtroom he had noticed that of the
approximately dozen people in the
courtroom there were two people who had
yarmulkes on their heads
i had one on my head and the judge had
one on his head we were in brooklyn new
york he was an observant jewish judge
so this fellow irish attorney says to me
harry to tell you something
if i had known that the judge was going
to be wearing one of those beanies
i would have worn one also i said jim
that's the difference between me and you
i did my homework why do you think i can
wear this thing on my head all the time
so it can be amusing as well but
you have to remember that you you
represent something i always tell this
to people who are sabbath observations
be very very careful
if the winter you know comes around and
you start leaving work friday afternoon
at
two o'clock 2 30 not not i'm leaving a
little early i'm leaving at
4 45 you're supposed to be there until
five or six you're leaving at 2
2 30. that's really early you don't make
up that time
that's an outrage when my first year in
big firm practice
you had to share an office with somebody
so i was sharing an office with somebody
who wasn't jewish and i always made it a
point to announce thursday night oh it
was going to be a late night
because i wanted to make it clear that i
have to make up those hours and i'm
going to be
missing the next day the fact that
you're observant doesn't give you the
right
to only work four and a half days out of
a work week and not
five when other employees or not sabbath
observers are not jewish et cetera are
working longer that is
that is that is a way to not to to make
the jewish religion look good
um but to disgrace it and on that
score um i will point out that
there are constant temptations uh there
are temptations both
in the workplace meaning that i can tell
you
all sorts of we'll have to do another
class and all sorts of different cases
i've had there have been enormous
temptations where had we
cut corners or played games or done
things that were unethical or illegal
we could have made a lot more money and
i don't mean an extra
10 grand or 50 grand or 100 grand you
know we had some cases with millions of
dollars in the balance have even had
we've been willing to
to break or or skirt the law which we're
not willing to do
and what's so important to always
remember is that like it or not
you represent the jewish people and um
no matter what situation you're in i
back when i was traveling which
you know i assume at some point in time
i'll start traveling again uh
it's interesting we've been doing
conferences and meetings etc as lawyers
all over
zoom just like this class but but
usually they're in person
my entire career in person and for some
reason there's this weird thing that
lawyers and people in many other
professions
like to do their conferences in the
middle of the desert so you get on a
plane
and you fly and the next thing you know
you're looking outside all you see is
sin and then all of a sudden you see
the neon lights of the las vegas strip
because
so many i would say the majority of the
conferences at least in the personal
entry bar
or in las vegas and las vegas is a place
but still on the strip is
you can't go outside your room you
practically can't you can't get off the
plane
without facing temptation after
temptation but you're representing the
jewish people and you're
and you're especially if you've you know
made a commitment to make that
representation
i remember years ago back when i was in
college starting a conversation with it
with a friend
you know when this conversation happened
two in the morning with a few people if
not on the you know the lounge and the
floor of the dormitory and a fellow
jewish student
woman said to me you know i'm jealous
here so why are you jealous of me she
because you're religious
first of all i wasn't so religious at
the time but i was running out okay i
said why don't make you jealous of me
because you don't have any desires so
every time it's just well you're
religious you don't have any desires
i said oh you know you're right but you
really shouldn't be jealous of me
because i can't sleep at night why can't
you sleep at night i said because i'm an
angel so
you know since i'm an angel i have wings
so you know i can't sleep on my side
because then i
kind of crush the wings i can't see
where my back isn't extremely
uncomfortable
what are you talking about you she
thought that being religious means
neutered like you couldn't possibly
be religious if you had desires and i
explained to her oh contraire
last time i checked i am i uh the same
desires that any other guy has
and i can't say that i'm that i'm
perfect you know we we do our best
but it was interesting that she that you
saw things in that light
that that you know you can't possibly be
telling the line on these various
different commandments that you have if
you have
if you have desires and what i always
try to point out to people is that you
know as i said before that
we're all observing just a matter of
degree you're all jewish that's not a
matter of degree i don't care how much
you run from it
how little you talk about it you do
something wrong
and when the story gets written it's
going to be you're a juju juju juju so
give an example
i'll um i'll read this to you um
there was a um a really
two articles because it's just you know
to show you how often this happens
um when um
not too long ago i don't see what it was
for we know what it was for robert kraft
the jewish owner
of the new england patriots was arrested
um on a particular charge it was a very
unpleasant experience for him was very
embarrassing moment
so i was traveling and i and i got the
the
copy of usa today newspaper it's very
common in
hotels and they have the following
article uh robert kraft accuses of
soliciting we know we know what he was
accused of
gave hundreds of millions to charitable
causes it's like a really weird article
from writing by the defendant that he
gave money to charles very nice
interesting and here we go
just weeks before just weeks ago before
robert craft won his sixth super bowl as
owner of the patriots he was awarded
perhaps a greater honor
the genesis prizes given the leaders of
jewish heritage who have attained
international renown in their chosen
professional fields that have made a
significant contribution to improving
the world it's sometimes called
the jewish nobel prize a democrat
he's a longtime friend of president
donald trump he visited the tree of life
synagogue in pittsburgh last year
following the mass shooting there
that killed 11. why is that relevant to
the fact that he got arrested
in florida for something a vocal
supporter of israel kraft has taken nfl
players to the jewish
state on trip sponsored by the league
israeli prime minister benjamin
netanyahu is scheduled to present the
prize
to craft it comes with a million dollars
to be doing the jewish causes
spokeswoman
for the genesis prize did not respond to
our messages and then later
craft also supports judaic studies
programs at brandeis university the alma
mater of his late wife myra
and his supported jewish programs at
columbia university his own alma mater
neither school responded to requests for
comment so i sent this
outrageous smear job about craft uh to a
friend of mine who's a huge patriots fan
who i knew would be as outraged about
this as
i was and he copied me on a letter that
he sent to the reporter who wrote this
article so
here is his response to that article
nice
job of revealing yourself as a classic
anti-semite
next time make it easier just write
quote bob craft
accused of soliciting you know what it
was is a jew
choo choo choo choo i think that would
do the job just as effectively
and require fewer words keep up the good
work
because that's what it was it was an
article basically just to talk about the
fact that the guy who was arrested was
jewish
and it gets worse michael cohen now
craft you could say
you know he is more outspokenly visibly
jewish
you know he gives a lot of money to
jewish causes but michael cohen
trump's lawyer who was jailed i don't
remember reading any articles
about him going to synagogue or wearing
a yarmulke or wearing his
villain or any other indicia of of his
visible judaism
when it came time for him to go to jail
better believe here comes the article
about how
joey jimmy jewish trump's lawyer was
the title of the article this is a
reuters article trump's former lawyer
heads to u.s prison that offers matzo
ball soup
and a full-time rabbi oh it is going to
be just great with a menu that includes
matzo ball soup into filter fish
as well as a full-time rabbit a chance
at the occasional visit home
the u.s prison for donald trump's formal
personal lawyer will spend the next
years is unique
in the federal system the 52-year-old
cohen will be housed in dorm-like
accommodations at the facility's minimum
security
camp which prison consultants say has
become a destination
for jewish inmates due to its proximity
to new york city's jewish
and upstate new york's orthodox jewish
enclaves
quote he's going to what i like to refer
to as jewish heaven
and they quote some some knucklehead who
spent some time there it goes on
uh a former manager to prison who now
runs a prison consulting firm said the
camp was quote
a great place for white-collar jewish
guys
where do i sign up i should do this as a
trip you know it's one of my friends it
sounds fantastic
unlike most federal prisons which
periodically bring in part-time contract
rabbis
otisville has a full-time rabbi another
thing that sets otisville apart is the
food
the availability for culture food is
much greater the commissary manual
notice those website advertises matzo
ball soup
gift filter fish and rugelach alongside
doritos tortilla chips
whatever and diets right soda kosher
writers are marked her out with the
letter k
my mouth is watering now this is
ridiculous
what is the point of this article part
of the article was to show a jewish guy
did something wrong and he's very jewish
jewish he's going to be in jail with all
those other jewish jews
so we do something wrong i don't care
abs up the orthodox reform conservative
reconstruction is retired
whether you like it or not and people
see me well i don't want to represent
the jewish people
you're jewish you're representing the
jewish people there's no way that
there's no way to uh to get around that
and
i want to tell you another story that's
a painful
one to tell over um but it really
picks up on on so many of the of the
issues
that that surround the question of
what's it like and what are the benefits
of of showing practically you're wearing
your judaism proudly
in the workplace so back in the um
1970s there was a radical group in
philadelphia called
move they had a building that they had
barricaded themselves in they would let
anybody in or out
um they would walk around wearing like
like armywear or carrying assault rifles
uh they would use um megaphones to
scream obscenities and all sorts of
stuff at all hours of day and night
you know basically terrorizing the
neighborhood so frank rizzo who is the
mayor at the time
sent in the swat team the swat team you
know kicked in the front door went door
to door
and they arrested them and there were
there were a few broken bones there were
some brutality lawsuits
and it was it was very unpleasant
situation for everybody
uh ten years later they're back it's
moved to i don't know if it was the
relatives or people who read about it
said this is a great idea so it's the
similar um radical group and they've got
apartment building
and they're not letting anybody in and
they're not letting anybody out and
they're walking around their combat
fatigues with their with their assault
rifles and their terrorizing
neighborhoods with their bull horns and
shouting obscenities etc and the um
mayor at this time is wilson good and
good uh instead of sending the swat team
to kick the front door on he kind of
like has them
lay siege to the building and results in
a shootout a crazy situation
and there's some controversy with
respect to whether he or someone else
located
but somebody okayed plan b
which was to send in a police helicopter
uh filled with explosives to drop the
explosives on the roof of the building
in the hope that it would start some
kind of small fire and then the people
will be forced out of the building
and it's easier to arrest people who are
fleeing a burning building
than it is to kick in the front door and
go door-to-door in hand-to-hand combat
with people who have assault rifles
so they okay the plan and the helicopter
drops the explosives
and it works perfectly um starts a fire
the problem is that several people in
the building don't get out they end up
getting killed
incredible tragedy you know they didn't
they were they were radical and they
they were
difficult and they may have been crazy
but nobody deserves to be burned to
death like that
and the fire burns down 60
adjoining homes adjoining buildings in
the neighborhood it burns down a
neighborhood
so at which point in time the mayor is
probably thinking like why didn't i go
to any other plan but that one
so in our philadelphia office we start
getting
many many calls from people some who
were injured
and some who lost property because they
they lost their belongings in the fire
typically we won't handle a property
damage claim somebody calls me up and
says you know i had a property damage
loss
i might refer them to a colleague but
it's not typically something that we
would handle
but we realized you know we're getting
so many of these calls
and some of them are clearly cases
because the injury cases um
and let's take the proper damage cases
also you know instead it's the same
lawsuit instead of having
five plaintiffs we'll have 50 plaintiffs
we end up taking many many of these
cases
so we had dozens and dozens of
plaintiffs and we put them all into the
same lawsuits to the city of
philadelphia
in some instances for injuries and some
instances for property damage and some
instances for both
so the cases at least the property
damage cases got assigned to a young
lawyer in our office named david
who happened to be an observant jew who
would uh finish law school
a couple years before do you figure he's
i don't know
26 27 years old early on his legal
career
and he's assigned to he and his
paralegal to
set up the file to prove the case so for
example if you are handling a property
damage case
you can't just say that i had a vaz
and it was worth five million dollars
because it was from the ming dynasty
you gotta prove it up you gotta have
pictures receipts or from from bed bath
and beyond whatever whatever you gotta
you have to show
something you can't just you claim that
you lost a hundred thousand dollars
worth of items in a small apartment you
know that doesn't sound realistic so he
was working with the clients
to try to prove up their claims now of
course we love
all of our clients for all i know i
can't see who's watching this maybe some
of my clients are watching
um some of our clients we like even more
so
um one of these clients is calling david
once a week once every other week when
am i going to get my money
and david would say to him to to ernest
bost mr bostic
you got to be patient and the next week
when am i going to get my money
he would say ernest i i told you this
last week and the week before you have
to be patient we have we alone have
50 clients all together there are
probably like 200 claims
it's against the city of philadelphia um
you know these things take time it's
going to take time
we're going to go to court you'll have
your depositions and then go when
i'm going to send them and eventually
i'm confident that we'll settle your
case and what's their defense going to
be they burnt down in your neighborhood
but you have to you have to be patient
so one day a few months in
bostic calls david and he says i said on
my case
give me my money david says let me just
have your case i'm your lawyer how can
you sell your case
he says i called so and so the assistant
city
david says the assistant city solicitor
he goes yeah that guy and he tells them
the name and sure enough
that's the guy it's the it's david's
counterpart a young lawyer at the
city hall city of philadelphia who's
representing the city of philadelphia
so bostic gets pogba don't they say
sarah's case so david says okay i'll
call them up by if you settled it i'll
get your money
fine so david calls the assistant city
solicitor
introduces himself he says i'm uh you
know i'm dave from rothenberg's
firm um says yeah how can i help you he
says i understand you spoke to my client
ernest bostick and the guy at city hall
says i i
could do i i can't believe it i made
such a mistake i have to apologize
he called me himself so i thought he was
one of the pro
se litigants pro se is latin
for knucklehead it's actually latin for
self-represented that means that's the
person who thinks that lawyering is a
do-it-yourself job
you know i have this sometimes i
remember years ago i had a friend who
was uh
you know was very proud of himself
because you know he didn't hire me and
he
you know he settled the case by himself
and he was telling me and they paid you
know i did it myself they paid me you
know
i don't want to wait twenty thousand
dollars i never had to tell them if they
had hired us they would have paid them
you have two hundred fifty thousand
dollars
you know but some people think they know
better and it's like going to home depot
it's a do-it-yourself job
so he thought that because bostic is
calling him directly
he's pro se he's self-represented
otherwise his lawyer would be calling
so he spoke to him had he known that
david was his lawyer
everybody knows anybody who's ever
picked up a book or watched a tv or a
movie
you know uh the movie or tv show knows
when somebody's represented by the lord
you can't talk to them
so he should have checked his list and
then said i can't talk to you
represented by brother's friend he
didn't do that he made a mistake
he says david really apologized i really
made a mistake david says listen there's
an honest mistake
he did call you uh you should check your
list but he did call you he says listen
he said he settled his case with you can
i send you a lease and you'll send me
his money
somebody's talking about i didn't settle
the case with him he said well what do
you mean he told me that he sell those
cases and even told me how much he said
he started with you
for ten thousand dollars because i don't
believe this he says
every time a pro say plaintiff calls me
i always ask them how much are you
looking for and i figured maybe they're
gonna be tough to reach i want to note
it in my file
or maybe they're gonna change their mind
and claim a different number so i asked
him how much are you looking for and he
did he said ten thousand and i wrote it
in my file
david says can i send your release for
ten thousand he says dave
you know how this works we're gonna
litigate for two years in two years
we're gonna have a
we're gonna have an algorithm we're
gonna have a matrix we're gonna have a
graph we're gonna have a spreadsheet
this is before excel
and we'll figure it out like we'll put
numbers next to each name and we'll
settle the case
but i can't sell the case now david says
he did make a mistake
you shouldn't have spoken to my client
is there any way to make an exception
can you get permission to sell us one
case he says i
wouldn't even know where to go this is
city hall we got like
10 levels of bureaucracy my supervisor
supervisor
supervisor there is no possible way that
i could pull
one case out of the 200 cases it was no
way there's
absolutely no way okay so now david has
to give the bad news to earnest he calls
him up
he's earnest there's a misunderstanding
um he didn't settle your case
the lawyer just wanted to know how much
you were looking for so he didn't mark
down he noted that you're looking for
ten thousand dollars and i hope
that we'll be able to get it for you but
as i've said many times before you have
to be patient
it's going to take time there can be
depositions there might be motions
they're gonna be court appearances
there'll be settlement conferences
you gotta be patient plastic hangs up to
follow david and decides
oh yeah and it's out of my case i'm
gonna go
kill the lawyer at city hall so he buys
a revolver but he sought off serial
number
and he goes to city hall and he signs in
the police later have the sign-in sheet
in the waiting room and it says ernest
bostick in 12
10 p.m and he's waiting the assistant
cities lizards out to lunch
so he's there 12 15 12 20 12 25 12 30
sitting with a gun in his pocket waiting
to kill the guy who's out at lunch and
finally after 20 minutes he decides you
know what i'm not waiting any longer so
he signs out
the police have it 12 30 bostik out
and he decides instead to come to my
office to our office because he figures
that you know what my lawyer is probably
in on this anyway
so i'll go kill him instead he comes to
our office
he knows which floor david's on because
he's been there before
and he gets off the elevator and it just
happens that as he gets off the elevator
they recognize each other because david
is walking by the elevator as bostick's
getting off
so they they they lock eyes and bostik
reaches for the gun
and david turns around and starts
running and fastik empties
the gun he shoots david six times six
entry wounds
in his front and six exit wounds in his
back
he collapses and pulled blood the the
police the paddy wagon arrives in front
of the office before the paramedics my
father's in the back of the police wagon
holding david's head above the metal
floor so it won't bang on the metal
floor
as they rush into the hospital they rush
him into surgery with the chief trauma
surgeon in the city of philadelphia
he does something like 14 hours worth of
micro surgery
and saves his life he lives it's
absolutely unbelievable
so at the time um maybe i'm gonna guess
i'm about 18 or so
uh i was my parents firm and i had met
david a couple times not that much older
than me
and i must have been home one on break i
don't remember what time of year it was
it was in the fall but i'm not sure
and so i said i'm gonna go visit him i i
had a car
so i drove to the hospital he asked my
parents where he was i drove to hospital
and when i went in
his parents were there in the middle of
the day and they thanked me and they
said oh harry so nice to come visit
do you mind staying with david we just
want to go out and get some footage no
problem at all
so i sit with him and he says he's very
very weak so it's two days after it
happened
and he says i have to tell you a story i
said um you know
really i just came to visit like just
you know tell me your story it says no i
have to tell you a story okay he told me
that
the day after the incident which was the
day before i
i got there the doctor who had done the
surgery came to visit him david says
like you know he walked in he told me he
was
and i said like i don't know what to say
to the person who saved my life because
they don't have to say anything so i'm
just doing my job
he said i want you to understand why i'm
here visiting you because i never do
this he says
i've been doing trauma surgeries for 25
years
and i've seen it all i've seen you know
beatings and electrocutions and
and explosions and stabbings and
shootings like i've seen everything okay
at least i thought i did
and i do the surgeries and sometimes the
person doesn't make it you know
they die on the operating table they
don't make it and other times the person
does make it like you
and when that happens a different doctor
takes over like i'm not your doctor
anymore
all i do with the surgeries is as you
know dr so-and-so is following you i'm
sure he's been in the city
it says yes he said so i just want to
explain to you why
i'm here because i don't do this so i'm
here because you took six bullets as you
probably heard
and one of them grazed your spinal cord
and one of them grazed your heart and
had either one been any closer you would
have been paralyzed and you would have
been dead
and when i say any closer i mean any
closer if you had
moved differently if you've been wearing
any different clothing more or less
anything would have changed the
trajectory of those bullets and even
better paralyzed
six bullets in all my years i have
never seen anyone with that close to
call who made it and you were going to
physically
you're going to be fine you were good
and you wanted it was fine okay
mentally obviously i'm showing you
counseling etc physically you're going
to be fine
so i just wanted to tell you young man
you had a guardian angel
watching over you so and they left
so david said but there's more to the
story i
didn't tell him because he's not jewish
but i want to tell you
i said yeah like a pretty crazy story
already
what else he said that morning i left my
house
and i got into my car and this was many
years ago so
you know i have to explain this for the
younger crowd out there it used to be
that when you wanted to start a car you
needed something called a key
and you would actually put the key into
the ignition and twist it or restart the
card now
obviously you know we start the cards
with our phone or we just tell scotty to
start the engine
she says i went and got into my car put
the can turn the ignition on i put the
car in park
and i put my phone in the accelerator i
was about to drive away and all of a
sudden i said to myself
wait a minute did i put my sitzes on
today because i went like this and like
fell down my shirt i was like i don't
believe it
i forgot to put my scissors on so i said
to myself dave you could go to work
one day without your titties on so i put
my foot back in the accelerator
i was about to drive away and i said to
myself dave
how can you go to work without your tits
is on
he says i put the car in park took the
key out took off my seat belt
went back into my apartment keyed him
took my jacket off took
my sports jacket or suit jacket off took
my tie
off took my shirt off put on my heavy
wool
pair of senses put my shirt back on my
tie back on
my suit jacket back on my coat back on
and i went to work
he's like harry the doctor said to me
anything different in your clothing i
was like dave
i got it i got it i'll tell you two
things
number one there was no doubt in my mind
that although i was wearing my yarmulke
when i went to visit him i had no way i
was wearing my senses i just was not
something i was particularly careful
about
when i was 80 when i was a teenager i
could tell you number two did after
hearing that story
unless and this was many many years ago
unless i am
in the shower or the swimming pool you
can come check
like the rabbis used to do in these
schoolies to come you know pretend
they're giving like a little
affectionate you know a pattern back
when they're like
you're going like this check if i was
wearing sits if you can come do that
test
i'm gonna be wearing my senses now i'm
not telling is a dangerous story
i'm not telling you the story to suggest
that
guys you put your senses on kevlar body
armor
you are protected it's a crazy world out
there you know it's like captain
america's shield i mean nothing's
getting
you'd be laughable tell you that there
are obviously israeli soldiers who have
been killed in battle while wearing
their senses
there is there is really um and other
civilians who have been killed in terror
attacks go look at pittsburgh it was in
it it was in shore look in california
so i'm not suggesting to you that if you
put your citizens on
you automatically have protection what i
am suggesting to you what i'm
introducing is the following concept
which i think fits nicely
with respect to uh bringing your judaism
into the workplace
is that it's very possible uh that just
as
dave to david it was clear as day
that he did something extra that day for
god
and god did something extra for him so
it's very possible
that that's the case that when you do
something extra
for god every one of us is is is on some
issue
every again forget what you call
yourself observant not observant there's
some issue in your judaism that you are
you're on the fence about every every
one of us there might be somebody out
there thinking
i'm thinking i might want to you know
start keeping kosher somebody else might
i think i might want to start eating a
friday night dinner
somebody else would think you know i
think i want to start you know uh
studying jewish texts somebody else
might be thinking i want to start
you know the the laws of family purity
make fits like everybody's thinking
about something
and who knows maybe you do something
extra for god and there's something
extra for you
and i ask you is it crazy to suggest
that
is it like imagine i would use this
example because to me it's it's
compelling
you're you're walking wherever you're
walking you get outside your house you
know everybody should be able to get
out soon i hope you know post covet and
back to normal
although although i hope each of us
doesn't go back to normal i hope we've
improved as
people and got closer to god but you're
out you're walking
and while you're walking somebody's
carrying one of those you know is really
one of the big
real duffel bags and they're not paying
attention they're they're testing and
they're they're
what's happening they're live streaming
on their phone they're not looking and
they knock you down to the ground with
their back as you pass by them
so as you get up you turn around and
before you even say anything
the guy who knocked you down turns out i
was like you got a problem you get a
problem with that like starts off with
you
what's your i know what my reaction's
gonna be it's a fist fight like dude you
knock me down and then you
mouth off to me that's getting pounded
so now imagine you get your destination
wherever it is you're going to you're
going to the office you're going to a
class you're going to
to to a meeting you go to wherever
you're going to dinner you finish
it's an hour later it's eight hours
later whatever it is and
you're walking again and somebody else
is distracted and they're pulling
another one of these wheelie bags or
they got a big backpack over one
shoulder
and they're texting they're not paying
attention and they knock you down to the
ground
so this time first of all as you're
falling you're like what's going on
today what is what
uh you know uh why does everybody keep
knocking me down today but this time
remembering what happened before
you already got your fists ready as you
jump up but in contrast
to the first guy the second guy who
knocked john's like i'm so sorry
runs over helps you up he's like i'm
such a clutch i was bringing i
feel terrible i hope you're okay
what's your reaction gonna be at most
you're gonna say
did you just be more careful next time
you might not even say that you might
just say dude you know
it's fine don't worry about it now if
somebody's watching both these scenes
it's a silent movie
right and they see you first time you
get knocked down you get up and you
pound the guy into the pavement second
time you get knocked down you get up
you're like
they're looking you're like what's going
on schizophrenia like well
why the why the massive difference in
reactions
and we know what's going on for those of
us who have sound
you're just mirroring the first guy was
obnoxious and was aching for a breaking
and so you gave it to him
second guy acted perfectly appropriately
so why is it crazy to think
that if somebody does something extra
for god a picture in that scene with
david god's up in heaven okay
david's saying to himself i can go to
work one day come on baby you go to work
one day
says you know what no i can't i can't go
to work without my senses so i'm going
to get out of my car i'm going to get
undressed i'm going to get redressed
again and god's up there in heaven going
like to the angels
gabe bike did you see what that guy just
did that guy just got undressed
put his senses on got redressed back
into his car
for me later today if he needs me even
if it's six bullets
i got this and so i asked you is it
crazy to think that
that you do something extra for the man
upstairs
who loves you more than anybody loves
you more than your spouse more than your
your kids more than your significant
other more than your
bubby more than anybody and sees you
doing something extra
doing extra things for him he may well
do extra things
for you so um i wish everyone
the best of luck in their jewish journey
i don't mean to make it sound easy um
as i said there can be times that are
awkward
there could be times that are
uncomfortable there will be times that
are
embarrassing um there'd be times that
are funny
um there could be times that are that
are horrifying um
and these times can often
push us out of our comfort zone you know
it's maybe uncomfortable especially for
those of you who are
growing and maybe you are getting more
visibly jewish and that creates more
questions etc and you don't need all the
answers it's perfectly fine if somebody
asks you a question
you don't have the answer to say that's
a great question you know let me
research it
and i'll get back to you people will
respect the honesty and i know it sounds
weedy telling you that you're
representing the jewish people
but you are and so like it or not i want
to wish you the best of luck
because each one of you is representing
all of us so let's all
represent uh together in a in a
respectable way
in a dignified way um in a way that
brings honor
and respect to the jewish people and to
god and thank you very much for
listening
and be well everybody and stay safe