7 VOLUME 8 |ISSUE 1 |2017
When asked how important it is for lawyers to understand
the psychological impact of cultic practices on their client, Mr.
Skolnik said that it is important to understand the degree to
which a cult has impacted her decisions and actions:
Sometimes there are ways to bring that to the litigation
and to the judge’s attention in ways that are useful
because, again, it’s part of that education of the judge.
If you can show a court that, while my client was
involved in this cult, she was forced to disinherit her
children and leave her husband, judges are going to
pay some attention to that. So sometimes it will have a
direct impact on the way you litigate the case.
But primarily understanding the psychology helps the lawyer
also understand the overall gestalt, the environment of the
group and the pressures applied on members. Mr. Skolnik
likened it to a theater director understanding an actor’s creative
process. It might not shape the litigation strategy, but it might,
and it is always useful in a lawyer’s relationship with the client. In
some cases, the group’s psychological profile informs the type of
discovery that would be most impactful.
I have read through a number of Mr. Skolnik’s legal filings
in connection with one particular cult case, and have noted
that these papers illustrate the tips he outlined for this
article. He makes a point of telling the judge, repeatedly,
that the plaintiff is involved in a cult. He blares spotlights on
misleading, convoluted, or avoidant litigation strategies at every
opportunity. He does not hesitate to call out the opposing
counsel for misusing and manipulating the court. When the
opposing counsel convolutes a legal filing omits facts drags
on the action unnecessarily, letting court-mandated deadlines
slip past and other such distracting or evasive tactics, he
immediately calls it to the judge’s attention. Clearly his intention
is to educate the judge and expose the group.
But even given his knowledge, and his track record, he expresses
a cautious pessimism. Mr. Skolnik said,
The First Amendment is probably the most important
piece of legislation in this country, but there’s a cost for
defending it. And very often the poor man or woman
who gets on the wrong side of these cases has to ask,
“What is ultimately in my best interest: pay the lawyers,
or fold?”
Everything circles back to the inequity of the judicial system. At
the end of the day, the reality is that cults have a steady stream
of income and resources at their fingertips, while the former
members and critics typically do not.
It’s disheartening to hear this summation from a counselor who
has been successfully litigating against cults for more than a
decade. But certainly cults are not the only institutions to abuse
the courts intending to silence critics. It would be interesting
to know how extensive this misuse is and what kind of ripple
effects such abuse sends out into the social fabric of our country.
It would be useful to know how much wear and tear it inflicts
on free speech, one of the pillars of American democracy.
Does it threaten our democracy? How invested are we, as a
country, in protecting free speech, our tax dollars, and our court
system? And is it possible to build a coordinated political/legal
infrastructure to counter such abuse and misuse of the courts?
At the most superficial level, nonmeritorious lawsuits are a
blatant misuse of tax dollars. The extent of the damage inflicted
by cultic abuse of the courts is hard to fathom. As a nonlawyer,
I’m out of my league when it comes to answers. But the fact that
it does cause damage is undeniable, and I’d like to believe that
something could be done to protect our free speech and our tax
dollars from the ironic misuse and abuse of our courts. n
Note
[1] A mitzvah is “a commandment of the Jewish law” or “a
meritorious or charitable act” (see http://www.merriam-
webster.com/dictionary/mitzvah).
Reference
Hubbard, L. Ron. (1955). A manual on the dissemination of
material. In L. Ron Hubbard, The technical bulletins of Dianetics and
Scientology, Volume II, 1954–1956 (p. 157). Available online at
tep-online.info/laku/usa/reli/scien/SECRETDOX/1954_56.PDF
About the Author
Esther Ruth Friedman is a Boston-based
expressive-arts therapist with a master’s
degree from Lesley University, and a
performing songwriter and recording
artist. In 2006 a friend invited her to meet
a “group of friends who got together on
Tuesday and Thursday nights to discuss
ideas.” In 2011 she left the group, began
researching the group’s origins, and discovered she had been
recruited into what she now views as a secret cult called School.
In the 1970s, a man named Alex Horn employed the teachings
and ideas of Russian philosopher G. I. Gurdjieff and created The
Theater of All Possibilities in San Francisco. Investigative news
reporters exposed the Theater after the 1978 Jonestown tragedy.
The group left San Francisco to reemerge in New York City
and Boston, where it continues to operate as a secret, esoteric,
mystery school. After discovering that School was not all that it
claimed to be, Esther started researching high-demand groups
and employed writing and songwriting as recovery tools. She
posted her experience online in a blog called Cult Confessions.
In 2014, the group filed legal papers in New York in a failed
attempt to establish jurisdiction over her. These experiences
have set Esther on a new path to build a therapeutic healing-arts
practice for former members and abuse survivors, and to expose
and address how cultic groups manipulate the court system to
silence criticism. n
L. Ron Hubbard is known to have
stated … “The purpose of the suit
is to harass and discourage
rather than to win.”
When asked how important it is for lawyers to understand
the psychological impact of cultic practices on their client, Mr.
Skolnik said that it is important to understand the degree to
which a cult has impacted her decisions and actions:
Sometimes there are ways to bring that to the litigation
and to the judge’s attention in ways that are useful
because, again, it’s part of that education of the judge.
If you can show a court that, while my client was
involved in this cult, she was forced to disinherit her
children and leave her husband, judges are going to
pay some attention to that. So sometimes it will have a
direct impact on the way you litigate the case.
But primarily understanding the psychology helps the lawyer
also understand the overall gestalt, the environment of the
group and the pressures applied on members. Mr. Skolnik
likened it to a theater director understanding an actor’s creative
process. It might not shape the litigation strategy, but it might,
and it is always useful in a lawyer’s relationship with the client. In
some cases, the group’s psychological profile informs the type of
discovery that would be most impactful.
I have read through a number of Mr. Skolnik’s legal filings
in connection with one particular cult case, and have noted
that these papers illustrate the tips he outlined for this
article. He makes a point of telling the judge, repeatedly,
that the plaintiff is involved in a cult. He blares spotlights on
misleading, convoluted, or avoidant litigation strategies at every
opportunity. He does not hesitate to call out the opposing
counsel for misusing and manipulating the court. When the
opposing counsel convolutes a legal filing omits facts drags
on the action unnecessarily, letting court-mandated deadlines
slip past and other such distracting or evasive tactics, he
immediately calls it to the judge’s attention. Clearly his intention
is to educate the judge and expose the group.
But even given his knowledge, and his track record, he expresses
a cautious pessimism. Mr. Skolnik said,
The First Amendment is probably the most important
piece of legislation in this country, but there’s a cost for
defending it. And very often the poor man or woman
who gets on the wrong side of these cases has to ask,
“What is ultimately in my best interest: pay the lawyers,
or fold?”
Everything circles back to the inequity of the judicial system. At
the end of the day, the reality is that cults have a steady stream
of income and resources at their fingertips, while the former
members and critics typically do not.
It’s disheartening to hear this summation from a counselor who
has been successfully litigating against cults for more than a
decade. But certainly cults are not the only institutions to abuse
the courts intending to silence critics. It would be interesting
to know how extensive this misuse is and what kind of ripple
effects such abuse sends out into the social fabric of our country.
It would be useful to know how much wear and tear it inflicts
on free speech, one of the pillars of American democracy.
Does it threaten our democracy? How invested are we, as a
country, in protecting free speech, our tax dollars, and our court
system? And is it possible to build a coordinated political/legal
infrastructure to counter such abuse and misuse of the courts?
At the most superficial level, nonmeritorious lawsuits are a
blatant misuse of tax dollars. The extent of the damage inflicted
by cultic abuse of the courts is hard to fathom. As a nonlawyer,
I’m out of my league when it comes to answers. But the fact that
it does cause damage is undeniable, and I’d like to believe that
something could be done to protect our free speech and our tax
dollars from the ironic misuse and abuse of our courts. n
Note
[1] A mitzvah is “a commandment of the Jewish law” or “a
meritorious or charitable act” (see http://www.merriam-
webster.com/dictionary/mitzvah).
Reference
Hubbard, L. Ron. (1955). A manual on the dissemination of
material. In L. Ron Hubbard, The technical bulletins of Dianetics and
Scientology, Volume II, 1954–1956 (p. 157). Available online at
tep-online.info/laku/usa/reli/scien/SECRETDOX/1954_56.PDF
About the Author
Esther Ruth Friedman is a Boston-based
expressive-arts therapist with a master’s
degree from Lesley University, and a
performing songwriter and recording
artist. In 2006 a friend invited her to meet
a “group of friends who got together on
Tuesday and Thursday nights to discuss
ideas.” In 2011 she left the group, began
researching the group’s origins, and discovered she had been
recruited into what she now views as a secret cult called School.
In the 1970s, a man named Alex Horn employed the teachings
and ideas of Russian philosopher G. I. Gurdjieff and created The
Theater of All Possibilities in San Francisco. Investigative news
reporters exposed the Theater after the 1978 Jonestown tragedy.
The group left San Francisco to reemerge in New York City
and Boston, where it continues to operate as a secret, esoteric,
mystery school. After discovering that School was not all that it
claimed to be, Esther started researching high-demand groups
and employed writing and songwriting as recovery tools. She
posted her experience online in a blog called Cult Confessions.
In 2014, the group filed legal papers in New York in a failed
attempt to establish jurisdiction over her. These experiences
have set Esther on a new path to build a therapeutic healing-arts
practice for former members and abuse survivors, and to expose
and address how cultic groups manipulate the court system to
silence criticism. n
L. Ron Hubbard is known to have
stated … “The purpose of the suit
is to harass and discourage
rather than to win.”
