King Charles Doesn’t Fully Apologize to Kenyans

The controversy over King Charles’s remarks in Kenya this week highlights the difference between a “full-blown” apology and a statement of regret. King Charles sounded quite sincere when he noted, “The wrongdoings of the past are the source of greatest sorrow and deepest regret” regarding colonial atrocities by British forces in Kenya in the 1950s. But he is being faulted for failing to deliver an apology – so, what’s missing?

The 4 R’s are a good way to summarize the elements of an effective apology:

  1. Remorse/regret
  2. Responsibility for a specific act
  3. Restitution/repair
  4. Reform behavior

King Charles nailed the first element, the remorse or regret. But the second element is missing. This is not surprising, since King Charles was not personally responsible for those wrongs, and an apology on behalf of a group for wrongs it committed when one was a child is complicated. He did address one aspect of “responsibility,” which is to name the wrong done. King Charles is not denying that the British military committed “abhorrent and unjustifiable acts of violence against Kenyans.” Acknowledging the harm done pushes this beyond a mere statement of regret, even if it’s not a full apology.

Prior to the King’s visit to Kenya, the Kenya Human Rights Commission – perhaps anticipating this less-than-satisfactory result — called on King Charles to offer an “unconditional and unequivocal public apology (as opposed to the very cautious, self-preserving and protective statements of regrets).” The king chose to limit his statement to regrets. The BBC reports that a formal apology would have to be decided by government ministers. So perhaps, under the circumstances, the king went as far as he could towards a full apology.

Many Kenyans would say that another missing element is the third one, a promise of reparations. They would say the king missed two out of the three components they were hoping to hear. While this would also require government action, some suggest the king could donate to Kenya from his own personal treasury. The king apparently isn’t prepared to do that, but he did offer a different form of “repair,” by noting that he plans to study this topic to deepen his own understanding.

A Plea-Deal Apology by a Trump Lawyer

Jenna Ellis, one of President Donald Trump’s attorneys after the November 2020 election, pled guilty this week in a Georgia court to aiding and abetting false statements and writings, a felony. In December 2020, she joined Trump attorneys Rudy Giuliani and Ray Smith in making false allegations to the Georgia Senate Judiciary Committee that thousands of unregistered, under-age, and dead people voted in Georgia on November 3, 2020. Her plea deal included no jail time, five years probation, $5,000 restitution to the State of Georgia, 100 hours of community service, cooperation with the state to testify if needed – and to write an apology letter to the citizens of the state of Georgia, which she read at her plea hearing on October 24, 2023.

Her apology begins with her high standards for herself, “both as a lawyer and as a Christian.” Because she never mentions how seriously she compromised those standards, the effect of this is to imply that she’s really not a bad person, she just made this one little mistake. There should’ve been another sentence along the lines of, “I failed to live up to those standards.”

She says she wanted to challenge the 2020 presidential election results “in a just and legal way,” without offering why she felt they needed to be challenged at all. She notes that she “relied on others, including lawyers with many more years of experience than I, to provide me with true and reliable information.” She is presumably referring here to Rudy Giuliani and Ray Smith. She does not explain why she chose to listen to these two lawyers instead of to thousands of other experienced lawyers and judges. Instead, she seems to compare their experience with her inexperience so as to justify her gullibility. It would’ve been better to omit the reference to their “years of experience,” because it diminishes her ownership of her own failings, which is an essential element of a good apology. Or she could’ve distanced herself from it, e.g., “at the time, I thought they could be trusted because they had many years of experience, but I realize now that I should not have relied on that.”

She gets to the heart of it: “What I did not do, but should have done, was to make sure that the facts the other lawyers alleged to be true were in fact true …. I failed to do my due diligence.” She takes responsibility; good. But she blames her failure on the “frenetic pace of attempting to raise challenges in several states,” as if that excuses the lack of due diligence. Like, you didn’t have time to determine whether the statements were true before you began asserting them? Her apology would sound more sincere if she had just omitted that allusion to time constraints. Or, again, distance herself: “At the time, it felt like everything was happening too fast to verify things, but that was the wrong perspective.”

“I look back on this whole experience with deep remorse for those failures of mine. If I knew then what I know now, I would have declined to represent Donald Trump in these post-election challenges.” This part sounds sincere. Some expression of regret or remorse is another essential element of a good apology.

If you were the judge, would you have accepted this apology? I don’t think I would. “Failure to do due diligence” isn’t a felony. Lying is. She never admitted that she lied. Instead, she implied that she was too young and too busy to find out the truth, and that her biggest mistake was to trust experienced lawyers. If she were a teenager, this might suffice. But not for a lawyer who was 36 years old at the time. Perhaps for this reason, the Colorado bar has censured her. The Washington Post reports that, after she cut a deal with the Colorado bar to avoid disbarment, she clarified that lying requires intentionally making a false statement, and “I never did that, nor did I stipulate to or admit that.”

2023 Nanci Klein Award from the ADR Section

I was honored this week to receive the Nanci S. Klein Award from the ADR Section of the State Bar of Michigan. Nanci Klein was an early ADR leader in Michigan who devoted her considerable talents to the Community Dispute Resolution Program (CDRP), including leading Michigan’s largest CDRP provider, the Oakland Mediation Center, for ten years. Like me, Nanci was an attorney who chose mediation over litigation, and our terms on the ADR Section Council overlapped. Nanci was taken from us abruptly, all too soon, so the ADR Section established this award in her honor, to be given “in recognition of exemplary programs, initiatives, and leaders in the field of community dispute resolution.”

As I explained in my acceptance speech at the Awards Banquet Tuesday night, the CDRP filled a gap for me. I had been doing mediation through the Christian Conciliation Service in the 1980s, but we lacked a process or structure for managing the mediation. Our CDRP grant required that we get trained in mediation, and when I learned the six-step mediation process, I realized how useful it could be, both for Christian mediations and beyond. Then, in the early 1990s, the CDRP offered opportunities to learn how to train others in mediation, launching my mediation training efforts. I have had the pleasure of leading mediation training, both basic and advanced, for CDRP Centers around the state, and have served on the board, on committees, and as a volunteer mediator for our local CDRP Center, the Dispute Resolution Center of West Michigan. So, for over three decades I have been involved with Michigan’s CDRP, and plan to continue. I am grateful to the Section for this honor, which was made even more special because my good friend and colleague Shel Stark received the Distinguished Service Award at the same event; he is next to me in the photo below.

 

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Meeting Missouri Mediators

The Association of Missouri Mediators graciously welcomed me last month as one of the speakers for a day of advanced mediation training. I taught a session on Apologies in Mediation, and also conducted the “Ethics Game.” The training was a hybrid of people in person as well as on Zoom. I thoroughly enjoyed my experience and am grateful to Kathleen Bird and all the fine mediators in Missouri!

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SBC CEO Candidate Apologizes

A finalist to head the Southern Baptist Convention included an apology in his resignation last week. Willie McLaurin, the interim president and CEO of the SBC Executive Committee, admitted that he had falsified his resume, and had not graduated from any of the institutions listed.

In his resignation letter, submitted to the SBC Executive Committee, he said in part:

“In a recent resume that I submitted, it included schools that I did not attend or complete the course of study… To the Southern Baptists who have placed their confidence in me and have encouraged me to pursue the role of President & CEO of the SBC Executive Committee, including pastors, state partners, entity servants, colleagues, and SBC African American friends, I offer my deepest apologies. Please forgive me for the harm or hurt that this has caused.”

If this is the sum total of the apology – and it may well not be –, it’s deficient.

Responsibility: For what is he apologizing? He reportedly admitted his wrong when confronted by the Executive Committee, but it’s not clear here that he’s apologizing for lying.

Remorse: “my deepest apologies” sounds weak somehow. Why is it plural? “deeply sorry” would sound more sincere.

Reform: A good apology includes a description of how the offender intends to alter behavior and avoid the offense in the future.

Impact: While he acknowledges that this caused “harm or hurt,” he doesn’t acknowledge exactly how – e.g., that it set back the SBC months in its search for a new CEO, and has shaken the already-shaken faith of many Southern Baptists who trusted him. Not sure why you need both “harm” and “hurt,” and if you’re going to keep both, wouldn’t it be better to link them with an “and” instead of an “or”?

To his credit, he didn’t try to justify himself or offer an explanation. But the weakness of this apology leaves us wondering whether he truly is sorry, and whether he fully understands the consequences to others of his wrongdoing. Let’s hope this isn’t the full apology, or that there’s more to come.