I continue to be inspired by the countless stories illustrating
the remarkable pro bono efforts of our members. In the spirit of
the holiday season, I thought I would include in my column a
remarkable pro bono story including the MBA's own Michael E. Mone
Sr. (president 1993-94) that he shared at a gathering of MBA past
presidents in November.
The story surrounds the representation of Guantanamo Bay
detainee Oybek Jabbarov, an immigrant farmer in Afghanistan.
Jabbarov was handed over to the U.S. government by Afghanistan's
Northern Alliance, who identified him as a "foreign fighter" in
order to receive a lucrative cash reward. Far from being an enemy
combatant, Jabbarov spent eight years in Guantanamo separated from
his wife and two young children.
The admirable work of Mone and other fellows of the American
College of Trial Lawyers brought about justice for Jabbarov, and
ultimately, asylum in Ireland, where he was reunited with his
family this time last year to begin a new life together. The
following is an excerpt from Michael's acceptance remarks after
being honored by the ACTL. The "Michael" he refers to below is that
of his son, Michael E. Mone Jr., whom he practices with at Esdaile,
Barrett & Esdaile in Boston.
Just before Christmas of last year, Michael sent out an e-mail
to all of the lawyers on the Guantanamo list serve. The list serve
had been an invaluable tool to all of the detainee lawyers in
sharing information, discussing strategy and providing
representation to the clients. The subject line of the e-mail is
"Home for the Holidays." It reads in
part:
"Yesterday evening in Dublin, a plane touched down
carrying a young woman and her two sons. They were met by officers
from the Irish government, who helped them collect their belongings
and ushered them through customs and out the doors for
international arrivals. Waiting for them on the other side was
their husband and father, Oybek Jabbarov. After eight years of
separation and unimaginable anguish, the Jabbarov family is finally
reunited.
They spent today getting settled in their new house on the west
coast of Ireland. Mrs. Jabbarov loves her new home, but worries how
she will ever keep the place clean. The boys rode their new
bicycles around the neighborhood, a present from their
father."
Michael's e-mail continued to the other detainee lawyers and it
could be directed to each of the men and women who you honored this
morning:
"I write to tell you this because it is through our
collective efforts that this reunion, eight years in the making,
came about, and you all deserve to share in the joy of this
moment."
Why did lawyers, including the Fellows of the College, undertake
the representation of these men in a very unpopular cause? They did
it because it is part of their DNA. It is the reason many of them
went to law school. Who amongst you has not imagined yourself as
Atticus Finch standing in that hot Alabama courtroom defending an
innocent man? Every state in this country has a long tradition of
lawyers providing pro bono representation in unpopular causes. When
Michael and I each passed the bar, we signed a book that has the
name of every lawyer who has ever practiced in Massachusetts.
That roll contains the names of the lawyers who represented Sacco
& Vanzetti. It has the name of Benjamin Curtis, a Massachusetts
lawyer and member of the Supreme Court of the United States, who
dissented in the Dred Scott case and then resigned as a matter of
principle. Curtis returned to Washington in 1868 to represent the
very unpopular president, Andrew Johnson, in the impeachment trial
before the U.S. Senate. We all know the story of John Adams, who
defended the British soldiers in the Boston Massacre, but his son,
John Quincy Adams, who, after he had been president, represented
the African slaves on the Spanish slave ship, La Amistad, is also
on that roll of attorneys.
This is not just a Massachusetts tradition, it is the fabric of
what it means to be an American lawyer. All of you have or will
have an opportunity at some point in your career to undertake an
unpopular representation. I would urge all of you to seize that
opportunity because you will never forget it.
Let this story serve as a reminder of the very reason many of us
were first inspired to attend law school. I hope Michael's story of
heroes among us renews your motivation to seek pro bono
opportunities whenever possible. As attorneys, we are privileged
and poised to have a positive influence in people's lives, whether
we are serving clients in Guantanamo Bay or in our own
neighborhoods in Massachusetts.
I wish you and your families a merry holiday season and a happy
New Year.