Monday, September 9, 2019

How to Write a Letter to the Court for Sentencing: Felicity Huffman Letter as a Case Study

Credit: SF Gate
In cases, we have clients and friends, colleagues and family write character and support letters. These are not easy letters to write. I'll use the recent letter written by Felicity Huffman as a case study. I view it as a first draft and think it could have been much improved. 

You can review the letter and see what you think. Here's the link to: Huffman Letter, page 1Huffman Letter, Page 2; and Huffman Letter page 3

First, I tell clients when they write such letters that it is hard to truly apologize at the same time that you're crying for yourself and your family. The letter came off to me as being more about how this has adversely affected Ms. Huffman and her family than how she apologizes to the victims of the SAT cheating fraud and the college students across the country who took the same test her daughter did. She could have acknowledge in greater detail that her actions and bribe resulted in her daughter getting an additional 400 points on the SAT which is a big jump.

Second, I would have told her that her letter focused in my opinion too much upon herself and was too self-involved. Her statements that "I find Motherhood bewildering" and that she was in a "blind panic" when she decided to pay off the proctor would have been deleted by my red pen. Her husband's statements in his letter, see below, about how motherhood was "frightened" his wife did not help.


Motherhood, especially during stressful college application time, is not easy for anyone but Ms. Huffman went to top schools including NYU, comes from an upper class background and has the resources to get help if mothering is bewildering. In addition, agreeing to pay someone to proctor and fix her daughter's SAT scores takes time and planning and isn't the type of thing one does in a "blind panic." 

Third, I would have asked her to spend time on writing about her understanding that her actions defrauded the College Board, the Educational Testing Service (ETS) and colleges with the false SAT score as well as giving her daughter an advantage over thousands of college students across the country. It also put doubt in the sanctity and fairness of the college testing and admission process for millions of students and their families across the country. Some thought "yep, it really is a system rigged in favor of the wealthy." I would have asked her to think about what else she could do to help show her remorse for her actions and the big picture understanding of why so many people were offended by her actions and this scandal.


Fourth, I would have taken my red pen to the section of her letter that described how the high school her daughter attended was "underfunded" with only one college counselor. The way it is written simply sounds like a way to justify her behavior. Now if she had donated money to this underfunded school to help low-income students pay for SAT prep classes or another college counselor, it would have made sense. Or if she explained that she foolishly justified her actions back then with this flimsy rationale that she knew was wrong, then keep it in. Otherwise, delete those comments.

Fifth, the statements about her daughters' learning disabilities would have gotten the red pen. It seems like another way of justifying her wrong and illegal conduct. It also smacks of filing in a court pleading details about her daughter's developmental delays and learning disabilities. Again, my red pen would have come out or I would have asked her to revise by stating in an understated way that her warped mindset back then was that she used her daughter's struggles with math and learning challenges to rationalize her conduct.

Ms. Huffman even outed her other younger daughter as having learning disabilities to try to show that she had "reformed" since she decided not to cheat with the younger daughter. Again, it's too self-involved and reveals private information about her children that the world doesn't need to know. Such comments could offend a sentencing judge.

Of course, Ms. Huffman's feelings about how her own psychological mindset and despair at harming her daughter are natural, but I guide clients to get out of that mindsight and focus on those other than oneself and one's family. Most of my client's first draft of these letters are similarly self-centered. So it's a common issue.

Sixth, the character letters by her husband William Macy and her friend Eva Longoria could be much better. How? They should have spoken about Ms. Huffman's sincere remorse and explain how andy why she decided to plead guilty early and how she told others to be careful about taking such misguided and illegal shortcuts for one's children and family. I've attached links to Mr. Macy's letter here: Macy Letter, Page 1; Macy Letter, Page 2; Macy Letter Page 3; and Macy Letter Page 4. The pink elephant in the Macy letter is how he does not mention that he knew about this planned fraud and did not stop it. 

Her husband's letter focused too much on how his wife couldn't leave the home due to paparazzi, wanted to be a great mom and how she helped better his life. His statements that “Motherhood has, from the very beginning, frightened Felicity and she has not carried being a mom easily" and "She’s struggled to find a balance between what the experts say, and her common sense" would have been deleted. An expert wouldn't say to cheat and I'd certainly hope that wasn't her common sense speaking.

Mr. Macy's letter was more about how the offense affected his wife including the loss of auditions and not the "victims" of the College Board, ETS and other college students. It smacked a bit too much of she's already been punished enough. Ms. Longoria's letter was quite nice but also did not address the remorse of her friend -- just how she helped her get paid more as a fledgling actress and was supportive.

Just too self-centered for my sentencing character letter preferences. Yes I'll admit that saying "sorry" is a tricky task. If you don't say you're sorry, then you're criticized. If you say you're sorry, then the response is "well, sorry doesn't fix it." I think showing that you have insight, have earned the right to say you're sorry by your deeds and actions and leaving out how it harmed your own life and your family's is a good start. Focus on those it wronged. That's my lawyer advice and it also works at getting people to understand the impact of their actions on others.

Posted by Tracy Green, Esq.


DISCLAIMER

DISCLAIMER: Green & Associates' articles and blog postings are prepared as a service to the public and are not intended to grant rights or impose obligations. Nothing in this website should be construed as legal advice. Green & Associates' articles and blog postings may contain references or links to statutes, regulations, or other policy materials. The information provided is only intended to be a general summary. It is not intended to take the place of either the written law or regulations. We encourage readers to review the specific statutes, regulations, and other interpretive materials for a full and accurate statement of their contents and contact their attorney for legal advice. The primary purpose of this website is not the commercial advertisement or promotion of a commercial product or service and this website is not an advertisement or solicitation. Anyone viewing this web site in a state where the web site fails to comply with all laws and ethical rules of that state, should disregard this web site.

The information provided on this website is for informational purposes only. It is not intended to create, and does not create, a lawyer-client relationship with Green & Associates, Attorneys at Law. Sending an e-mail to Tracy Green does not contractually obligate them to represent you as your lawyer, or create any type of client relationship. No attorney-client relationship will be formed absent a written engagement or retainer letter agreement signed by both Green & Associates and client and which specifies the scope of the engagement.

Please note that e-mail transmission is not secure unless it is encrypted. E-mail messages sent to Ms. Green should not include confidential or sensitive information.