Washington Lawyer - September/October 2020 - 50

WORTH READING
GOLDFARB continued from page 48

UGELOW continued from page 48

RESNIKOFF continued from page 49

ambiguity and uncertainty . . . we have an intuitive reluctance to accept the unknown. That
is why there are sun worshippers and creation
myths, to find an explanation for the otherwise
inexplicable."

the false promise of revenge. I predict she'll be
a fan favorite.

were above the law, and that may actually be
true now. The bad behavior of bankers leading
to the financial meltdown of 2008 resulted in
minimal criminal prosecution, and criminal
prosecution of antitrust and other business law
violators has been at a low ebb in recent years.
The current reluctance to hold corporate
wrongdoers accountable is a reason I went
looking for a recounting of the Colonial
Pipeline trial.

There are too many jurisprudential insights
into lawyering to mention in this review, but I'll
note my favorites: "Being someone's criminal
defense lawyer is rarely a way to improve your
opinion of them;" "criminal litigation is a blood
sport;" a "stupid jury is a prosecution jury
because they fall back on their native prejudices because they don't understand the
evidence;" and jurors are "conscripts in a land
of enigmas and arcane practice."
Turow the philosopher instructs that "the law is
humanity's sanctuary, where we retreat from
unreason . . . humans need the law because
they need to believe there is some justice to
their interactions, a justice that God, or Fate
or the Universe . . . will never provide."
The Last Trial is Stern's final case. He was a
perfect vehicle for Turow to explore trial lawyering. His readers will hope it is not his final
public exploration of the criminal justice
system.
Ronald Goldfarb is an attorney, author, and
literary agent and is of counsel to Redmon,
Peyton & Braswell LLP in Alexandria, Virginia.

Several scenes in the novel take place in
Washington, D.C., including one in the main
DOJ building that could only have been written
by a DOJ insider. The Lincoln Memorial has
a subtle and interesting role in the story. Jimmy
T's on East Capitol Street even makes a cameo
appearance early in the book since Rush is
a diner aficionado.
What's surprising is the author's use of legal
procedure and legal terms of art in a way
that lay readers can understand and enjoy. In
addition to his years at DOJ in Washington, D.C.,
and the U.S. Attorney's Office for the Southern
District of Florida, McAuliffe served as the
elected state attorney for Palm Beach County
a decade ago.
The book is a legal lesson hidden under several
layers of drama and action. Importantly, the
author does not shy away from addressing the
ethical issues confronting Rush during the
investigation and trial. The novel serves two
masters - to entertain and educate - on the
same pages. It's an authentic, compelling story
that reflects our country's efforts to adhere to
the amorphous principle of the "rule of law"
in contemporary America. McAuliffe has
created a strong story with No Truth Left to Tell,
one worth reading and sharing.

For years it surprised me that the Colonial
Pipeline case has not gotten greater attention.
But in his memoirs as an older man, Stern
helped redress that oversight. His ability to
recall is keen, and his writing detailed; he
seems to have retained the Colonial Pipeline
trial record. Stern's writing about the case is
compelling, almost a script for a would-be
dramatist.
Although I have focused on just one relatively
early episode of Stern's career, I want to be
careful and point out that subsequent highlights recounted in his memoir are also of great
interest and continuing political relevance.
I recommend his book.
Don Allen Resnikoff is a principal at Don Allen
Resnikoff Law LLP. Reach him at donresnikoff@
donresnikofflaw.com.

Richard Ugelow served as a deputy section chief
in the Employment Litigation Section of the U.S.
Department of Justice's Civil Rights Division. He
is an adjunct professor at American University
Washington College of Law.

HELP EVALUATE D.C. COURT JUDGES
The D.C. Bar Judicial Evaluation Committee will conduct its 2020-21
annual survey of the performance of selected judges of the D.C. Court
of Appeals and D.C. Superior Court.
Attorneys who have appeared before the selected judges during the
survey period will receive an email and postcard in mid-November
informing them of their eligibility to take this important survey.

➤

The survey is conducted online only. All responses are confidential.
The evaluations assist the chief judges of the D.C. Courts to address
concerns about a judge's performance and provide vital feedback to
the judges. Survey results also are provided to the D.C. Commission
on Judicial Disabilities and Tenure.

50 WASHINGTON LAWYER

SEPTEMBER/OCTOBER 2020

dcbar.org/judicial-evaluations

http://www.dcbar.org/judicial-evaluations

Washington Lawyer - September/October 2020

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