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TIME IS OF THE ESSENCE?

Time is of the essence. Really? That is what we learn in law school and even more so in the practice of law. Everything has a deadline. There are schedules we must follow. Statutes of limitations, notices of appeal, deadlines for answers. Missing one deadline can be catastrophic. I know because 35 years ago I missed filed a Notice of Appeal on the 31st day, thinking a holiday had given me an extra day.

 

Even more irritating, we have to keep track of our time. Capturing “billable hours” down to 1/10th of an hour. I have never worked for a large firm. In fact I have been a sole practitioner for most of my career, so I have not had to produce “billable hours.” I could not imagine the pressure that young associates are under, trying to save their positions and work their way up to partner status.

 

But time is also the nemesis of the anxious, the depressed and the addicted. Isn’t the mantra of those in recovery, “One day at a time?” We tend to dwell on the past. We cannot let go of our mistakes, the what ifs, that “eat our brain. When we have lost someone close to us, the what ifs are magnified to the point where our guilt consumes us. We also look back at mistakes we have made and place the blame on others. We have trouble just putting the past behind us and moving forward.  We try to fix the past, but we cannot.

 

Luke suffered a major setback in December 2013 because of a one day error. In September 2013 he received notice that he has passed the Florida Bar Exam. He had prepared his application to take the Kentucky Bar Exam in February 2014. He was also finishing his MBA at Sullivan University in December. I was out of town when the application was due. When I got back he told me he had not clicked the send button and as a result he was not eligible for the February Bar Exam. That led to a winter of depression and bad choices for him.

 

The other side of it is focusing too much on the future. Luke talked frequently of Florida. He was planning to move there and practice there. But as one person close to him told me, he obsessed with it. Luke could not live in the present because he was too concerned with the future. He told me that one of his counselors at the VA Medical Center told him to set “weekly goals” so that he could stay focused on the day-to-day rather than the years ahead. Which brings to mind the mantra of dogs in AA, “7 days at a time.”

 

One of the most beneficial books I have read in the past 6 months is “A Lawyers Guide To Healing; Solutions for Addiction and Depression” by Don Carroll, J.D. Mr. Carroll devotes much of his book to the relationship between time and depression and addiction. One of his Chapters is titled, “Experiencing the Present; Learning to Let Go of Regret of the Past and fear of the Future.” He says that living in the past and the future is about trying to alter our present state because we cannot deal with what is going on around us from day to day. I will be sharing more of his wisdom in the future, but I highly recommend his book for all attorneys to help them gain a new perspective on their life and practice.

 

The bottom line is in order to be happy we must be Masters of Time, we cannot allow Time to be our Master.

 

 

DON’T LEAVE ME “ALONE”, BUT “LEAVE” ME ALONE

One of the mysteries of life is where we fit in and how we interact with others. Are we extroverts or introverts or do we lie in between. Among the materials in Luke’s blog research folder was the January 2016 issue of the ABA Journal. The featured article is titled, “Introverts in an Extroverts’ World” written by Leslie A. Gordon. Luke considered himself an introvert and I for the most part considered myself an extrovert, but after reading the article I must reconsider.

 

Based upon psychological testing of over 6000 attorneys since 1990, 60 percent were found to be introverts. More tend to prefer being problem solvers rather than being adversarial. Which brings me to the biggest quandary of my professional career, “Do you have to be an asshole to be a great trial lawyer?” Early in my practice in Covington I tried a number of felony cases as a public defender, with little success. Then I spent 4 years prosecuting in the Kenton county Attorney’s Office. Most of the jury trials were DUI cases and my success rate picked up. And with that my confidence grew. At the same time though, I observed that many of the most successful trial attorneys were brash, aggressive and yes, assholes. Still I was not ready to go there.

 

The turning point came for me in 1995.I represented a 17 year old African American male who was being tried as an adult for shooting another young African American man.  I spent a lot of time at the Kenton County Jail meeting with my client. And every time we spoke he told me the same story about being threatened and being in fear of his life. It was then I learned about believing in your client and being there to tell his story. And that is what it takes to win trials. We as attorneys must be able to tell our clients story to a jury.

 

My philosophy is that you talk to jurors the same way you talk to people sitting in your living room. And the most important time for that is voir dire. When selecting a jury, you not only want potential jurors to open up to you but you want to open up to them. You must let them know who you are and who your client is. You must begin telling his story then and continue telling it all the way through closing argument.

 

In that trial in 1995 my client was found guilty of a misdemeanor assault. The following year I tried my first murder case in Frankfort and my client was found Not Guilty based on self-defense. At that point I had a passion for trying cases. So you do not have to be the center of attention to be a great trial lawyer. You just have to be able to bring attention to the real reasons your client is where he is.

 

So what does that have to do with Introvert vs. Extrovert? I look back at who I am and my career and I see many of the characteristics of the introvert describe me. And I look back at Luke’s personality. He liked being around his friends and most of the time his family, but often when he was around others he preferred to be left alone to focus on whatever task or source of entertainment held his focus. This subject deserves more self-searching on my part. I will let you know what I find.

 

COMPASSION vs. DISGUST

It would be difficult to determine what stressors ultimately lead an attorney down the path of self-destruction, but is likely a series of events that takes the stress and depression to a level that results in death whether by suicide, drug overdose or engaging in other reckless behavior. There are so many, many theories.

 

Yvette Hourigan, Director of the Kentucky Lawyers Assistance Program, wrote an article in the September/October 2015 issue of the KBA’s Bench & Bar magazine titles, “The Cumulative Cost of Caring.” I found this article in Luke’s folder which he was compiling for his blog. In her article she writes about Compassion Fatigue, which is defined as the “cumulative physical, emotional and psychological effects of being continually exposed to traumatic stories or events when working in a helping capacity.” In other words, attorneys act as caregivers who are assisting clients in dealing with traumatic events, even though we are not trained as “caregivers.”

 

One of the areas of practice where this is most common is Family Law. There is a reason that I stopped practicing family law more than ten years ago. In litigation involving divorce, custody, visitation and even termination of rights, raw emotion plays a greater role in the decision-making process than any other area of practice. In other words, rational thinking plays a small role. Expectations that our clients will follow our best advice are minute.

 

Despite the fact that I avoided family law, I receive calls every week seeking representation on Family Court matters. Shortly after Luke was admitted to the bar, I asked him if he was willing to take on these cases. He seemed eager to have his own clients and venture into the courtroom. He was successful in his very first appearance in Family Court where he convinced Judge Squire Williams that his client had not committed domestic violence.

 

He even began representing some of his friends on custody issues. We had a discussion about a situation where both parents were abusing drugs and neither was the appropriate custodial parent for their minor child. There was a sense of anger toward the parties.

 

He also had to rescue a friend who had tried to do a pro se divorce. Their case was ultimately dismissed and Luke got it reinstated and helped them get their final decree. That lead him to write a satirical piece on the nonsense of the pro se divorce and how the parties seldom fared well. At some point I will share that here.

 

Starting in my early years of practice in Kenton County, I began handing public defender cases. Kenton County had a roster system where most private attorneys who were not prosecutors would be assigned cases. Some were brutal, such as my Percodan addicted client who tried to sell his 3-year-old daughter to get money for drugs. The purchasers were investigators from the Office of the Attorney General. When Bob Carran called with the assignment, he said I could turn it down, but I have always believed that everyone charged with a crime is entitled to representation. That was my responsibility. I guess I was lucky to be more impervious to the stressors than many of my brethren. Rather than disgust, I felt the need to help.

 

Luke was different though. While he had seen the way his fellow soldiers were treated and wanted to guarantee them a fair shake, there were situations that he was not comfortable in defending someone he felt was not honorable. Several years ago I was retained to represent a 17-year-old who was charged with incest. Luke assisted me with the research but I could see that the facts really bothered him to the point that he did not want to be involved.

 

Earlier this year Luke handled a divorce and child custody hearing. He was well prepared with his questions and strategy, but in the courtroom self-confidence was missing. It was as if he felt sorry for the opposing party and did not want to be aggressive in his questioning. At times his questions came out barely more audible than a whisper.

 

We as attorneys deal with factual situations that are often stranger than fiction. And we are expected to do it without it affecting who we are and how we go about our lives. Our compassion thus can be our downfall. If we feel too much, if we carry the burden of our client’s trauma or even that of the opposing party or victim, it can place a heavy strain on us. Whether it be compassion fatigue or empathy or guilt or disgust, it weighs heavy on our psyche.

 

Shortly before his death Luke made a comment to one of his friends about the “stress of the courtroom.” He never openly shared that thought with me. He was looking for ways to overcome that stress or numb it down without seeking assistance or guidance from me or his counselors at the VA Hospital. Keeping it inside is what can damage or destroy us. We as attorneys must open up, tell our stories and know that we are not alone.

 

OBSERVATIONS ON BLOGGING

No one said it would be easy. With so much going through your head, trying to write the words that will inspire is not easy. Earlier today I read a post that Luke wrote shortly before the 2012 Presidential election. It was a commentary on the media and how a certain news outlet pandered to persons of particular views and how that could influence the election outcome. Luke had a vast vocabulary and a dry wit that allowed him to write in a way that amazed those of us who had the opportunity to read his musings.

 

Reading that post provided me with additional inspiration to write today. Since I started this blog I have reached out to people, some of whom have responded, others have not. I sometimes fear that people have an aversion to discussing depression and its consequences. Particularly those who are not directly affected. I have attended several support group meetings, including The Compassionate Friends and Survivors of Suicide. In these groups, those who have experienced loss are prepared to share and listen. They are seeking comfort and healing.

 

Outside of those settings, many people who have suffered loss of a loved one are reluctant to share their feelings. Sometimes it may be embarrassment due to the stigma of this topic. Others may feel that the best route for them to healing is to put it out of their minds as much as possible.

 

When I consider talking to attorneys who have not been affected, I fear that they may feel that I am “dragging them into a dark place” where they do not want to visit. Keep life upbeat and positive. After all that is who I have always been, Mr. Dale Carnegie himself.

 

But I will persevere, without offending. I will continue my research, through both reading and personal inquiries. I know I can help. That is what he would want me to do.

 

 

MY DEAR FRIEND HARRY PART 1, THE MASK

 

Otwell C. Rankin was a prominent CPA in Covington, KY. He was also a prominent Democrat in Kenton County, particularly in the 1960s and 1970s. He served on the Kenton County Democratic Executive Committee. He had three sons, Tom (a physician), Dick (also a CPA) and Harry (an attorney).

 

Walter “Pete” Bubenzer worked for the U.S. Postal Service in the Transportation Planning Office of the Cincinnati Regional Office. A lifelong Democrat who after his retirement in 1971 took an active role in the party and also served on the Kenton County Democratic Executive Committee. He had one daughter, Barbara (retail supervisor) and two sons, Bill and Mark (both attorneys).

 

In the early 1970s as my family became more active in Democratic campaigns my father and I became acquainted with Otwell Rankin. In the early 1980s, several years after graduating law school I met, Otwell’s son Harry. Our connection was primarily professional but Harry always seemed like the kind of person you would want as a friend.

 

In March of 1983 fate brought us together.  On March 13 1983, Otwell S. Rankin was born, the first son of Harry and Jimmie Rankin. On March 14 1983, Walter Luke Bubenzer was born, the first son of Mark and Julia Bubenzer. Both would become attorneys like their fathers.

 

I am not sure exactly when Jimmie and Julia met, but I am pretty sure it involved doctor’s visits for our infant sons. After that our families became close and we spent a lot of time together over the next five years. There were some memorable moments. We were at Harry and Jimmy’s house on March 31 1984, when Georgetown smothered UK in the second half of the NCAA Championship Semi-Final. I remember going to the theater to see the first Die Hard movie together. There were Northern Kentucky Bar Christmas parties and similar social gatherings. When I ran for the state senate in 1988 Harry was one of my biggest supporters.

 

After I moved to Lexington in 1988 we had minimal contact. I would run into him at Keeneland or the KBA Convention and I could still feel the deep friendship. Whenever he would run into my former brother-in-law, Steve Ruschell, Harry would always ask about me and my family.

 

Harry and I worked together professionally on a couple of matters as well. What I do not remember is Harry being anything but an intelligent and competent attorney and a positive and friendly human being, always willing to lend a helping hand. Even those close to him would never have expected the anxiety that lurked under the surface.

 

I recently had lunch with Jimmie. We discussed Luke and Harry. She told me that his panic attacks began early in their marriage. That is why I called this post The Mask. What I now know about Harry and Luke and my brother Bill, is that individuals suffering from anxiety and depression often wear mask in public. They were three highly intelligent and gifted individuals. As such they were able to present a public persona that masked what was really going on inside of their heads. They did not want to let even those close to them to see what is really going on. Is it a pride thing?

 

I will talk further about Harry’s death in another post. For now I want to raise awareness that there may be attorneys with whom you interact regularly who are having difficulty functioning as we would expect. The problem is that we tend to look at them as bad lawyers rather than considering that they have an illness. They do not want to be the way they are and they probably will not ask us for help due to embarrassment. Even if they did, we are lawyers not doctors. What could we do for them? What we can do is just be there for them. Provide encouragement. Offer to help them with tasks and just let them know that you are there for them, to listen, not to judge.

 

To be continued……

 

 

LEARNING ABOUT DEPRESSION

 

I took some time off for vacation and tried to clear my head and deal with my own depression that has sprung from Luke’s death. My counselor advised that I not write anything for my blog or even think about it during my trip. But sadly it is not an issue that one can avoid. On the day we were leaving, we learned that the 24 year old niece of my wife’s cousin was murdered in Dallas. Around that same time I learned of the suicide of a 27 year old former Marine from Covington, with whose family I was familiar.

 

The topic of depression, anxiety and PTSD have filled the news and social media. While much of what has been said is informative, we have seen examples of how uninformed others are on the subject. It is not a case of weak versus strong. These are illnesses with many origins. Our goal must be to both recognize and assist in healing or at least reducing the symptoms. That requires education and listening.

 

I fear I have learned far more than I ever wanted to know about depression. I just learned it too late to help Luke. If your loved one is dealing with depression, learn now and share with them the fact that you want to know more and that you want to be a part of their healing process.

 

While travelling home last Monday I saw the story of Nathan Desai, a 46 year old attorney in Houston, who had split with his law partner and fallen upon hard times. Mr. Desai turned his depression into rage against others and began randomly firing two guns at passing motorists, wounding nine people. When you look at his background nothing jumps out at you. He had no disciplinary issues with the Texas Bar Association. He had few active clients and as a result his business was doing poorly.

 

In reading the comments about the shooting, someone had posted, “Was he a Muslim?” Is that what we think of first rather than what caused this? People close to him said that he had begun exhibiting paranoid behavior in the two months prior to the shooting. The stress of the failing practice likely lead to these events. It is sad enough when the mental illness leads to suicide or substance abuse, but when it turns to aggression or assaults against others, it truly tragic.

 

What came to mind when I read about Mr. Desai was that he lived alone, which I believe is a trait of many depressed people. But is loneliness the cause or the effect. A friend recently posted a comment on depression which said depressed people want to be alone but they do not want to be lonely.

 

Luke treasured his privacy and lived alone. He told me shortly before his death that he wanted to move to Louisville or somewhere where he had more friends. At the same time he said he was very happy with his apartment. I believe that living alone increased the anxiety brought on by the lack of sleep. He had so much time to “think the worst” and no one around to talk to.

 

If you have someone close to you who is depressed, it is important to maintain contact with them and monitor changes in their social activities. Of course that can be difficult without invading their privacy. Where and when do we cross that line? Are they spending all of their time home alone rather than going to social gatherings or making their regular routine at the gym. They need the regular human interaction that they often try to avoid. Do not let them lock you out of their lives.

REACHING OUT

I have begun reaching out to survivors. This week I spoke with the widow of a longtime friend to learn from her experience and to share what I have gone through. Those of us who have or have had a family member who suffered from depression share a common bond. We see it, we know it is there and we try to help. But even our best efforts are not enough.

 

Depression is not conducive to rational thinking. Our loved ones become good at hiding what they do not want us to see. We are not medical experts and even if we were trained, we may not understand the significance of certain behavior. There are times when a depressed person engages in aggressive behavior in order to maintain control of the situation. And against advice, the depressed person engages in reckless behavior like driving when they are too tired or not in the right frame of mine.

 

I believe that many people suffering from depression will not seek out help. It is not that they do not want to get better, but like any other daily task, getting ready and driving to a therapist appointment, and arriving on time may seem formidable. It takes them out of there safe routine; out of their comfortable environment.

 

Getting answers is difficult when talking to the depressed person. They try to avoid the issue or they just lie to make you think they are fine.

 

But we must use what we have learned and I intend to learn as much as I can through these conversations. You will be hearing these stories. If you know someone who has a story to share, please ask them to email me at TrialsofLuke@gmail.com.

 

THE FAMILY BUSINESS

I don’t know Morgan or Morgan or Morgan, but their commercials tell us that they are a family of Florida lawyers who practice together. They are not Kentucky lawyers. The fact they are from Florida bothers me enough because of the policies of the Florida Board of Bar Examiners and their treatment of out of state applicants. They take your money and let you take the bar exam, and after you pass, they tell you that they have issues and may not admit you.

I do not know how the Morgan’s get along, but I can tell you from my experience practicing law with a family member can be difficult. My brother Bill was 16 years older than me, so growing up my time with him was primarily the weekends that he came home to Covington from UK and during the summers. But in those summers he was working at GE or elsewhere. I probably spent more time with him after he and Lois got married. After that they would come visit my parents every Friday night.

I started clerking for Bill during my second year at Chase. It was 1975 and he had formed a small firm with John Spaulding and Larry Grause. But Bill liked his independence and by 1976 he had purchased a building in Park Hills where he would practice until his death in 2005.

The best thing my brother ever did for me was to pay my tuition to take the Dale Carnegie Course. That course changed my life in many ways. Not only did it boost my confidence and vastly improve my communication skills, but lead me to a position as an instructor. It was in a Dale Carnegie Class that I met Julie Ruschell. One year later Luke was born.

But back to the law practice. My brother Bill and my son Luke very much alike. They were both brilliant, well read and had tremendous writing skills. While I would consider them both more introverted than me, they both had a vast number of friends. They were loved and respected by many.

I was young and more laid back than Bill. He was driven and held me to his standard. I fear that at the time Luke began working for me I was the one working 50 hours a week and holding Luke to my expectations. We are all “wired” differently and are wiring changes with age.

Luke preferred working at night or working from home and spending less time in the office. Too late I learned that court was a stressor for him, and what I saw as laziness was actually his anxiety and depression weighing him down. He much preferred the analytical process and writing. Also, with an undergraduate degree in programming he preferred working in the tech arena. But he told me that he wanted to practice in my office to get experience.

I have never been big on Family Law but I asked Luke if he wanted to try it. He found a few clients on his own and appeared to be getting the hang of it. When he was successful in his first DVO hearing last summer he came back proud and happy. But during winter a nasty divorce and custody proceeding appeared to wear him down. That seems to be the period where his depression and anxiety increased. What pains me is that he would not confide in me. He wanted me to be proud of him, and I was and am.

When I became uncomfortable with my situation with Bill, I felt the need to leave my brother’s office and do my own thing. Like me Luke would have been better chasing his own dream. It is important that a person wakes up and goes to a job they truly enjoy.

But it is hard to admit that to a parent. Just as an individual hates to admit a need to self-medicate for depression. I wish Luke’s story would have had a better ending.

Luckily, my brother and I were able to stay close and in 1996 he asked me to assist him in trying a murder case in Kenton County. I was honored that he asked. Our client had given an acquaintance $100 to buy him some cocaine. That individual never came back and when our client found him that got into a fight and then struggled over a gun. That acquaintance got hot in the head.

We worked together very well, keeping Judge Stephens happy while getting under the Commonwealth’s Attorney’s skin. We did not get an acquittal but our client was happy to dodge the murder conviction. He was instead was convicted of Manslaughter, 1st Degree and received a 15 year sentence. That trial brought bonding. We spoke more frequently by phone. He would ask me questions about legal issues as often as I would ask him.

So bottom line is that while many individuals have successful practices with parents or siblings, it does add that extra edge where the lines between the two relationships can blur. That creates an added stress. Some can handle it and some cannot.

WORDS FROM LUKE WHERE DOES IT START? WHY LAW SCHOOL?

As a junior and senior at Holmes High School, I was told by my counselor (and aptitude tests) that math and science were my strongest areas of comprehension. Not surprising, the same held true for Luke.

 

In 1970 I began my studies at the University of Kentucky as a Physics major. My classes included chemistry, physics and calculus. It took me just over one semester that this was not how I wanted to spend the rest of my life. My GPA was suffering to say the least. I tried sociology for a while and thing after transferring to Northern Kentucky State for my junior year, I switched to Political Science and History. Then my grades flourished.

 

It was at some point my junior year that law school became my objective. My brother Bill was an attorney. My parents were active in Democratic Party politics. It seemed like an obvious choice.

 

In college Luke was a computer geek and we always assumed that was where he would find his life’s work. But he too made that decision to try law school. The following is what Luke submitted as part of his law school application submitted to Chase.

 

 

“I started college working my way towards a degree in Computer Science.  I’ve always wanted a fulfilling career, a reason to push myself. When I started my freshman year, I believed a job in the Computer Science field would possess both of these features.

           

“Take a handful of sand, and have someone blow it in to your face using a blow dryer set on high.”  Sergeant First Class Barber gave this description of Kuwait to his loved ones back home.  As a member of F Company, 135th Aviation Support, I was deployed to Camp Arifjan, Kuwait for 12 months. Arifjan, an Army base, lies in close proximity to Kuwait City and less than 10 miles from the Persian Gulf.  SFC Barber’s description is quite accurate.  For nine consecutive days in August 2007, the combination of heat and humidity resulted in a heat index over 145 degrees Fahrenheit.  To put that in perspective, the hottest recorded temperature in Kentucky is 114 degrees Fahrenheit.

           

The desert climate would have been tolerable, had it not been coupled with the separation anxiety.  With a distance of 7,000 miles between myself and home, combined with limited communication to my significant other, I realized how much I take for granted.  A conversation in the movie Jarhead describes the thoughts resonating in our head.

           

“I wonder what she’s doing right now.”

            “No way to know.”

           

I was not alone in this [tribulation].  This combination of heat, loss of control, and pain of ignorance; it brought out the worst in people.  Soldiers, not just in my unit, but the entire Arifjan community, sought ways to distract themselves from this suffering.  Infidelity prevailed as the easy choice.  Through lies and deception, marriages were reduced to little more than a piece of jewelry and a shared bank account.  ‘Till death do us part,’ quickly rewritten as ‘Until I get caught’.

           

“Not me,” I thought.  “I’m better than that.  I refuse to be that weak.  I refuse to cheat.”  I needed a better distraction.

           

For the past 8 years, the art of Brazilian Jiu Jitsu has been my passion.  Overseas, that passion became my catharsis.  The only waking hours I spent oblivious to my despair were the two hours a day spent on the mats.  This was my time of Zen, where the only problem I faced was the person standing in front of me; everything else was put on hold.

           

Three months after I arrived, I took over as head instructor of the Afrifjan grappling club.  Analyzing and articulating concepts, breaking down complex techniques in to simple movements, explaining patterns and answering the question “Why?”  These are the responsibilities of a good teacher, and performing these tasks has taught me more than any external instruction.

 

            Paramount to teaching for learning, competitions cultivate Brazilian Jiu Jitsu students’ skills.  Competing allows practitioners to test themselves and track improvements.  My last great test came in September of 2009.  Every year, Ft. Benning, Georgia hosts an all Army grappling and mixed martial arts tournament.  Every Army base holds a tournament to determine its top two fighters, and these two soldiers represent the base on the global level.  Out of the 66 best 170 lb fighters in the Army, I fought my way to second place.  My only loss came in the finals, to the 2007 champion.  [Second best in the Army; I figured I was doing something right.]

           

I entered college an introvert.  I enjoyed math, reasoning, problem solving, and solitude.  Computer Science seemed the natural fit for me.  However, I soon discovered Computer Science is a challenging degree program.  I realized during the spring 2004 semester I could not coast my way to a degree.  That semester I received my only E for calculus based physics.  I felt challenged; inspired.  That E became my catalyst for academic improvement.  I retook the class, this time earning an A.  In fact, every subsequent semester, save one, I received a 3.0 grade point average or better, with no Withdrawals and 12-15 hours a semester. 

 

The aforementioned outlier was the spring 2006.  I received a 2.5 grade point average over twelve hours.  It is not a coincidence that this was the semester prior to being deployed to Kuwait.  We received the orders in February.  They implicitly stated “Your life will be put on hold for 18 months, and that’s if you come back alive.”  The higher ups took great strides to put the fear of God in us; not out of malevolence, but rather to ensure we were fully aware of the potential risks that came with any military deployment to a war zone.  I am human, and being forced to accept my own mortality made college secondary to friends, family, and long term.

 

            While overseas, I realized programming computers seemed less than fulfilling.  The field is lucrative, and it comes easy to me.  However, over the years I’ve learned that just because I am good at something doesn’t mean I will enjoy it.  Computer programming offers challenges and problems to solve, but it does not invoke the degree of passion in me that makes a person eager to get to work each day. If a web site or program is not completed in time, is anything really lost besides time and money?  I needed to find a career where the result is more meaningful than an interactive web page or a new iPhone application. 

            Until recently, I had not considered a career in law.  My father and three of my uncles are lawyers. I have had an opportunity to work in my father’s office over the last few years. He is a sole practitioner who limits his practice to criminal defense and consumer bankruptcy. He has found areas of practice that he truly enjoys. Because of that he has established a positive, consumer friendly atmosphere in his office. His example is one I would be excited to follow.

Working there has lead me to reexamine my options. I believe there are better choices.  During this period of reflection, I met Captain Yun.  CPT Yun, a member of the Air Force Judge Advocate General’s Corps, convinced me to reconsider law.  The profession, as he described it to me, possessed all of the aspects I was looking for; a challenge, problem solving, and a reason to push myself; a fulfilling career that serves a purpose.  I am aware the most seemingly moral individuals are capable of dishonesty and weakness given the right circumstance; this affliction is readily apparent in the military.  I decided to work towards becoming a JAG attorney.  I would love nothing more than to work with my fellow soldiers, as both prosecutor and defense attorney. However, should I not be accepted in such a highly selective field, a career focusing in technology law would more please me.”

 

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             Depression has made me its bitch. On June 1 2016 I felt very good about my life. I had spoken with my son, Luke, by phone the two previous nights. After having a rough weekend, he was very upbeat and shared with me his plans for taking classes on taxation and seeking out new employment options outside of Frankfort, where we practiced.

            On June 2 2016, shortly after 12:00 noon I found Luke in his bed. He was dead. The autopsy showed the presence of benzodiazepine in his blood. Over the prior 5 months he had lost over 60 pounds. Mixing other substances, even alcohol can magnify the effects. Although the levels were within therapeutic limits, when combined with his weakened condition, his breathing and heart stopped. His death was accidental, but I know his use of these substances was due to his depression. He was just trying to sleep. By day he gorged on caffeine and protein bars to keep him alert and had difficulty sleeping at night. Over the prior 5 months he had lost over 60 pounds. Several years earlier he had used unprescribed Xanax, but over the past year had been seeing a therapist at the VA Hospital in Lexington and seemed to have his depression under control. After his death I learned that in the weeks leading up to his death he began taking Xanax again.

            Luke’s death was my second heartbreak due to depression. On September 6 2005, while driving on I-64, I received a call from my sister Barbara. I knew from her voice something was seriously wrong. It was how I sounded when I called her in April 1991, and told her that our father, Walter “Pete” Bubenzer had died of a heart attack in Gulfport, FL. I suspected that our mother, Mable, who was 88 years old, had passed away. Instead she told me that our brother, Bill, had taken his own life outside of his law office in Park Hills. I had breakfast with him and his wife, Lois, about 2 weeks earlier. He appeared his usual upbeat self.

            So now depression has grabbed me by the throat. I can relate Luke’s sleep patterns or lack thereof. I understand his difficulty getting out of bed in the mornings. I also understand the reason he seemed so soft spoken and reserved when he appeared in court. It was not a matter of being shy but rather his anxiety/depression.

            But my purpose is not to gain sympathy for myself; my purpose is to inform, so that others can learn from my experiences. As this journey continues I will tell you more about Luke and Bill and the many characteristics they shared.

            I also hope to share experiences from the families of other attorneys who have lost their loved ones to this often overlooked killer.

            While setting up this website and blog this I received a piece of mail that I felt was sent to me by Luke himself. It was a registration form for a CLE Program in Lexington on September 1 titled “Volunteer Lawyers for Veterans.” In 38 years of practice I was never before invited to such training. I will be attending this one.

 

            Until next time.