Showing posts with label Career advice. Show all posts
Showing posts with label Career advice. Show all posts

Wednesday, February 10, 2021

A Mid Week At Work Conversation. Why you became what you became, and where you became it.


I had a conversation just yesterday with a Middle American.  One of those people, that is, who is from the Midwest and from the middle class.  One of those sorts of folks with a Rust Belt background who has lived the real American life, with blue collar grandparents, lower middle class parents, and who has done better than their parents.

Not like people who were born and raised in Wyoming or one of the neighboring states.

It was really interesting.

And it occurs to me that if you are from here, and we do have our own distinct culture, the way you look at topics like careers are fundamentally different than other Americans, or at least Americans from other places.  We're practically not Americans in this regard.  Or at least those who stay are not.

And that tends to get lost on people as we're a minority, most of the time, in our own state.  

I've noted it here before, but I was once flying into our local airport and two oil industry employees were in the seat behind me. They were both from somewhere else. One had been stationed in Casper for awhile, the other was arriving for the first time.  The new arrival asked the old one about the people in the town, and the insightful other replied

What you have to realize is that there are two groups of people here.  People who came in to work in the boom and those who are from here.

The new arrival then commented that the natives must dislike the new arrivals. That fellow, however, replied:

No, they just know that you are leaving.

And we do.

I've lived through at least three busts, one of which altered my original post high school career plan of becoming a geologist.  If you look at it, oil spiked during World War One, the price declined after the war in the 1920s and collapsed during the Great Depression, spiked again during World War Two, declined following the war but then turned rocky in the 50s and 60s, spiked in the early 70s, collapsed in the 80s, rose again thereafter, and then collapsed again in recent times.  Being born in 63, I experienced the 60s, but don't recall, them, experienced the 70s, which I do, and then the ups and downs since then.

Indeed, all over town there are accidental monuments to booms prior.  Three downtown buildings are named for oil companies, none of which still use the names they did back then and none of which is still in town.  A golf course on the edge of town called "Three Crowns" was named for the three refineries that once were here, one of whose grounds is occupied by the golf course.  In certain areas of down when they dig a foundation, they hit oil, not due to a natural deposit, but due to leaks long gone by from those facilities.  Across town one still operates.

If you are from here, and have lived through it, you come to expect the economy to be this way.  You worry about the future but you don't imagine you can control it.

Middle Americans do.

I hadn't really realized this directly, but I should have.  

My friend, noted above, hasn't lived in Wyoming except during good times and the recent collapse.  He's been panicked and has related that to me more than once.  He can't believe that things could have collapsed, and I can't grasp how a person couldn't.  Then, in our conversation, it became very plain.

He's a really nice guy with a very nice family, but he views careers in the Middle American sense. That is, you study to find a "good job", by which that means one that pays well.  You go where that job leads you, for the high pay.  It's all about the pay. The pay determines what you become, what you do, and where you live.

It doesn't for the long term Wyomingites.

Oh sure, pay always matters. Wyomingites are just as wanting to get rich as anyone else,. . . or not.  

As there are limits, and the limits are the state itself.

Wyomingites, those born here, or those here for an extremely long time and probably from a neighboring state, have an existential connection with the state that's hard to grasp.  We are it, and it is us.  

This is completely different from the "oh, gosh, it's so pretty I'm glad I came here" reaction some newcomers have.  Lots of the state isn't that pretty.  Some Wyoming towns are far from pretty.  No, it's something definitely different.

And it's also different from the belief that an industry must keep on keeping on because it must.  We see that with lots of people who moved in when the times were good.  If things collapse, it's not because Saudi Oil Sheiks can fill up swimming pools with crude oil if they want to, or if Russian oligarchs want to depress the market because they can, or because coal fired power plants are switching to natural gas.  It has to be somebody's fault, probably the governments, and probably the Democrats.

Not too many actual Wyomingites feel that way, even if we worked in those industries or wanted to.  We just shrug our shoulders and say; "well, we knew the boom would end", because we did.

Of course, as will be pointed out, we never do anything about that.  That's our great planning failure.  But frankly, it's hard to when the town's filled up with newcomers you know are temporary, and they don't want to change anything as they like the low taxes, etc., and this will just go on forever, because for them, it already has.

Which takes me back to my friend.  He's upset as the boom appears to be over and that means it might impact his take home, which in turn means that he might have to leave, or so he imagines.

Why? Well, that's what you do as an American, right?  If the dollars are higher in Bangladesh, you go there.  You, must.

You must as otherwise you won't be able to afford whatever it is you are seeking to buy, or do.  

I knew an elderly Wyoming lawyer, from here, who in his first years didn't practice law as he graduated law school in the Great Depression when there was no work.  I've known more than one engineer who took completely different jobs for the same reason.  An accountant I served in the National  Guard with worked as a carpenter.  A different accountant I knew was a rig hand during a boom, as that's where the big money was at the time.

Which gets back to career planning.

When my father planned his career, he started off to become an engineer, but he became a dentist.  It was because he knew he could obtain that job an and come back here, as that's what he wanted to do.  I know a dentist is the younger son from a ranch family, and that's what he did too.  I know lots of older lawyers who were the younger children of ranch families, who took that path as there was no place on the ranch for them.  And I'm often surprised by people's whose career paths were absolutely identical to mine, almost to the t.

Both of my career attempts, the one successful and the one that failed, had the same logic behind them.  Geology was  field that employed people here when I was studying it, and I thought I had a talent for it and would be able to find a job.  When that fell through, on to the law, as I'd never heard of an unemployed Wyoming lawyer.

But the state was the primary focus in my mind.  I'm of it, it's of me.  

"I want my kids to be able to stay here", he told me.  Well, so they can.

But whatever the economy holds for Wyoming's future, if that means you go just for the mega bucks, career wise, that career is probably somewhere else.

And that's why a lot of people leave.

Those of us who are from here and stay, really aren't unique as a population.  There are plenty of examples of this in others.

In 1876 the Sioux left the reservation for one last foray into the wild.  They knew it wouldn't last. That wasn't the point.  People who wonder what they were thinking aren't of this region.  The Anglo American culture at the time thought they should turn into farmers.  They didn't really think so, no matter what.

In Utahan Robert Redford's adaption of A River Runs Through It, the protagonist, who is moving to Chicago, asks his brother to come with him.  He responds

Oh no brother, I'll never leave Montana.

In David Lean's adaption of Pasternak's Dr. Zhivago, Larissa notes when she's being transported away from disaster, that Zhivago's absence isn't accidental.

He'll never leave Russia!

We are native, to this place.

Wednesday, August 5, 2020

The Interior Conflict

"We'll be here, " Wilbarger said.  "You won't have to hunt us up"
"Wait a minute, " Call said.  "What's your horse brand, or do you have one?"
"I have one, " Wilbarger said".  "I brand HIC on the left hip."
"Are your horses shod?" Call asked
"All shod," Willbager said.  "Bring 'em if you see 'em".
"What HIC stand for?" Augustus said.
"Well, it's Latin," Wilbarger said.  "Easier than what you wrote on that sign."
"Oh," August said.  "Where'd you study Latin?"
"Yale college," Wilbarger said. Then he and Chick trotted off.
"I figure he's a liar,"Augustus said.  "A man that went to Yale college wouldn't need to trail cattle for a living."
"How do you know?"  Call said.  "Maybe the family went broke.  Or maybe he just wanted an outdoor life."
Lonesome Dove, page 105.*

Every now and then somebody I know will claim that I look like Theodore Roosevelt.

Theodore Roosevelt, 1904/05.  Colorado.

I don't see it myself and I'm certainly making no effort to.  I think people say that as I have a heavy mustache, as Roosevelt did, and I wear very round glasses, as Roosevelt also did.  Having said that, Roosevelt normally wore the now long gone pince nez type of glasses which were more or less the contact lenses of their day.**  He wore more conventional glasses when doing something outdoors.  I have adopted contact lenses, which I hate, recently because I have to work with a computer daily and that allows me to wear reading glasses and therefore not be constantly changing glasses during the day.  When I wear glasses, which I almost always do outside of the office, I wear B&L rimless temple frames, which Roosevelt did not and which I don't think even existed in his day.  I wear those as they have small lenses and I hate large lenses.  I also just like the style of them.

All of which basically goes to say that if you have a heavy mustache and you work in town, people are going to claim you look like Theodore Roosevelt or Pancho Villa, depending upon your mindset and maybe the color of your hair.

Emiliano Zapata.  Now that's a mustache.

Now, I like Roosevelt, so I don't want to be taken to be holding otherwise.  I just don't want to be regarded as a Roosevelt impersonator.  That's not, however, why I'm bringing this topic up here.

I've been posting some fairly grim posts here recently.  One of them might be, although I hadn't considered it to be, my post on my occupational history the other day.  About the same time that I posted that I made a similar remark to two friends of mine, who happen to be married to each other.  The husband in that family is a lawyer, but also a psychologist of a specific type, and had an immediate reaction to it, which the wife also did in less scientific terms.

The basic gist of it was that "you're an intellectual and would have been miserable in any other occupation other than the law".  He's said something similar in the past and, as he's a European, he expanded that out a bit to include "the clergy and the law".

That's a really common view in a broad sense and one of the interesting things about it is that the view actually operates in society to keep you doing certain things.  Another interesting thing about it is the belief, and perhaps it's true, that a person who has that sort of makeup, an intellectual frame of mind and a strong attraction to the outdoors, is in someway at war with themselves.

Maybe, however, it's the modern world that's at war with people of that mindset.

The Roosevelt analogy people make is interesting in that Roosevelt was afflicted with asthma as a child. So was I. Indeed, the only really good written description of what its like to have asthma is given in David McCullough's biography of Roosevelt's youth, Mornings on Horseback, which is an excellent read.  McCullough there, and Edmund Morris in his masterpiece first volume on Roosevelt, The Rise of Theodore Roosevelt, go on to describe how TR's father told him as a child that he "had the mind" but "didn't have the body", and he'd have to "make the body".  Roosevelt certain did that.  Anyhow, as part of that, he not only conquered his asthma, but he developed an immense existenail fondness for the outdoor life.

My parents never said anything like that to me, but what they did do was simply raise me normally and make sure that I did have physical activity, which was mostly swimming.  I developed an immense existential love of the outdoors simply by being around my father and by being raised in rural conditions.  My attraction to the outdoor life, however vastly exceeded that of my father's, which is saying something.  I've never gotten over it in any fashion and its as intense now as it was when I was a teenager.

Morris notes in his book, although I'm not sure of where the quote can be found, that when Roosevelt was a young man an observer noted to him that as a man with a strong mind and a deep attraction to the outdoor life, he'd always be in an internal struggle.  If that's true, Roosevelt certainly managed it well.  But is that true?

Well, it may be.  But maybe people just don't like the idea very much.

Indeed, it's true now, it wasn't always true.  For one thing, people's careers tended to be much more fluid at one time and for that reason people didn't really think it weird to be a lawyer and a farmer simultaneously.  John Adams was.  And there's any numbers of similar examples.

I don't find that to be anywhere near the case now, although there are examples.  Indeed, usually a person who tries to do two things such as that is regarded as occupying the more outdoorsy one as a hobby or a retirement position.  And because its regarded as a hobby, or retirement, avocation, it's not taken seriously.

Cowboy, 1887.  At this time being a cowboy was a glamourous occupation.

Even rarer are examples of people who have pretty high intellects and opt for something that doesn't seem, in society's view, to reflect that.  Society tolerates, although only barely, a person being in agriculture if they were born into it. So a person born a farmer can stay in the family business.  But somebody breaking into it from the outside is pretty rare.  Rarer yet are people who simply enter an outdoor career as a "hand", so to speak, and economics is part of that.  Hands don't get paid as well and therefore people tend not to enter those fields, except perhaps temporarily, if they can do something else.  It's the great economic motivator.  Put another way, being an actual cowboy, as opposed to being a rancher, puts you in a state of lifelong poverty that most people will probably seek to avoid.

This has particularly been the case since World War Two.  Prior to the Second World War entire classes of Americans opted for occupations that didn't require university in part because not as many did, but in part also because it was foreclosed to them.***

Indeed, one of the great myths of the practice of law is that it's always been a profession of the elite. That's far from true.  For much of the post World War Two era it was the blue collar world's introduction into the white collar world. Indeed, a lot of blue collar parents pushed their children into it under the belief that: 1) it didn't actually involve work, and 2) every lawyer was rich.  Neither of those things was in any fashion true.  At any rate, if you know lawyers whose parents came of age during the Second World War or earlier you probably know somebody whose experience is just that.  A lawyer I practiced with for years had a father who was a career railroader.  Another one had a father who was a bar owner.  There are a lot of such examples.

Mistaken impression or not, what's come to be the case is a subtle, or sometimes outright, push towards certain types of careers.  Adding to that push is the fact that our modern world has eliminated outdoor jobs at a blistering rate so that people are really left with a selection of indoor ones, not all of which everyone can occupy.  You have to be good at math, for example, to be an engineer.

That also has meant that the push exists in a continual and understated way that few really grasp.  It's part of our culture.  In the film Stand By Me, for example, we learn that one of the early teen kids whose really smart, but from a blue collar family, overcomes what is portrayed as a negative fate by becoming, of course, a lawyer.  That's all the more there is to it. He's smart, so he becomes a lawyer.  Voila, success.

And maybe it is, but a person has to at least wonder how we got to this point.  And maybe that should give us pause.

In other words, in 1982 or 83 (can't remember which, probably 83) my CC history teacher suggested that I consider a career in the law based upon my written papers, was he acting responsibly?  No doubt he believed so, and I believe now he was as well. But he didn't really know me.  And its remarkable that only two figures I knew at the time every commented on it.  One was a geology professor I knew really well, also at CC, whom I caught back up with as I was getting to go to law school.  He mentioned another student who had done the same (I didn't know him) and regarded the decision with disdain.  The other was the mother of one of my friends whom I'd known forever, and who I, as an adult, regarded as a friend.  "I don't see you as a lawyer" was her comment, although I later became her lawyer.

________________________________________________________________________________

*Hic translates as "this".

**Which are oddly making a comeback as portable reading glasses.

***An aspect of that change is that its now the case that single wage earner households have become rare and the sort of situation that existed mid 20th Century, in which a person might work in some of them and still enjoy a middle class income on one job has ended.

Wednesday, July 29, 2020

Forty years ago right now I was between my junior and senior years of high school trying to decide what I was going to do for a living.

I knew that I was going to college after high school, and for that matter, I knew that I was going in the fall.  I only had half days my senior year, so I had registered for the community college to get a jump start on my college "career".

2012-11-28 17.08.21 by WoodenShoeMaker
My old high school, prior to renovations, at night.  Up until my last year of high school I'd been on the swim team and saw a lot of the building from this prospective as we had early, early morning practices and evening practices too.

In 1980 I wasn't sure what that career would really consist of.

Earlier, when I was in grade school and junior high, I'd thought I wanted to join the Army and have a military career.  Even by junior high, however, that desire was somewhat waning and by the time I had entered high school, and the immediate post school world became more real, that desire was rapidly diminishing.  I still thought of entering the service, but probably following graduating from college and maybe not for a career.  Indeed, at that time my immediate plan was to go to UW and join Army ROTC, although I'd avoid JrROTC in high school.   The loose thought, at the time, was that I'd major in wildlife biology and after a stint in the Army, I'd either get out and get into the Wyoming Game & Fish Department or make a twenty year career of the Army and then do that.

I didn't do either of those things.

In 1980 I knew that what I wanted was an outdoor life.

What I really loved was hunting, fishing and being out in nature.  I didn't want to be indoors.  I didn't at that time even know how to tie a tie, and as my high school graduation the following year would show, I was in the class of people who were so unfamiliar with formal clothes that I couldn't wear them and look unnatural. 

Next month will be the 30th anniversary of my admission to the bar.  I've worked indoors now for thirty years.

How did that happen?

It's weird looking back as even now that's really not apparent. 

What I do know is that I changed my views on attending UW in the fall by August of 1981.  I went down to the orientation and didn't like it, so I enrolled at Casper College instead.  I enrolled, moreover, as a geology student as my father had related to me how there were a lot of guys around with wildlife management degrees who didn't find work, and I didn't want that to happen.  My plan then was to do two years at CC and then go down to US and I still planned on enrolling in ROTC. 

Me as a geology student.  I'm one of those people in the photo.

However, the same summer I enlisted in the National Guard for a six year term of enlistment. That really wouldn't have kept me from joining ROTC but by the time I went down to UW two years later I knew that I really didn't want an Army career.  It wasn't that I didn't like the National Guard, I did.  It's that I didn't need to be an Army officer to know what being an Army officer was like, and that I had no interest in that as a career.  The Guard served me really well in a lot of ways, that being one of them.

Geology was my choice as it was still outdoors.  Living in a state in which extractive industries are such a big deal, it seemed like a safe employment choice. But the bust cycle was setting in even by the time I was getting ready to graduate from CC and it was fully in by the time I was ready to graduate at UW.

Geology building class room, 1986.

Law school as an option first occurred to me as a suggestion from a CC professor.  I didn't know it at the time, but the professor, a history professor, was a licensed lawyer.  I was surprised by it as I conceived of studying law as being really difficult and lawyers as being really smart, but I did toy with the idea a bit.  In part I did that as my father was a professional and an outdoorsman and so were a lot of his friends.  I was also worrying, by that point , how employable I was going to be. And I knew, by that point, that getting a job in geology meant going on to grad school and I had real personal doubts about whether I'd be able to get in, and if I did, whether I'd be able to make it through, geology grad school.

Frankly, I could have on both points, but at that point in time I labored under the burden of scholastic myths more than reality.  When I did take the geology GRE I did really well and in retrospect the worries were self created.  The same year I took those I took the LSAT, not really expecting to do well, but I did.  I told myself that if I got into law school, and I only applied to one, I'd go.  I did, so I did.

M110 howitzer.  I was an artilleryman.

I didn't know any lawyers personally when I went to law school and I never bothered to ask them anything about what being a lawyer was like. That was an odd way to go about that, I guess, but then in the thirty years of doing this, I've only been asked what practicing law was like by young people perhaps two or three times.  Indeed, of younger people I remotely know whom I know to be interested in the law, none of them have asked me nor, to my knowledge, any other lawyer.

But then I never asked any game wardens what being a game warden was like.  In later years, when speaking to them, a couple of them have related a daily life much different than I would have anticipated.  And for that matter I never spoke to any geologist either.  I had spoken to soldiers, however, just because in those days it seemed like most men had been in the service.

And so, thirty years, thousands of depositions, lots of trials, and countless office hours later, here I am.

Is there a moral to this story?  I don't know that there is, other than like the they sing in Truckin:
Sometimes the light's all shinin' on me
Other times, I can barely see
Lately, it occurs to me
What a long, strange trip it's been 
Or maybe that's just lame.

It's funny how we get where we are going sometimes without realizing that we're getting there, and when we get there, we're not only a lot further along than we realize, but it'd be pretty hard to get back.
Amen, amen, I say to you,j when you were younger, you used to dress yourself and go where you wanted; but when you grow old, you will stretch out your hands, and someone else will dress you and lead you where you do not want to go.
John  21:18.

None of this, I suspect, is uncommon.

Friday, July 24, 2020

Choosing something different: Delmar D. Davis III

Choosing something different: Delmar D. Davis III: In a town so small that you can’t date anyone because it’s likely they’re related, U.S. Army Staff Sgt. Delmar Davis III had two options. Stay and work on his grandfather’s farm, picking soybeans and
Did he do the right thing?

I have nothing against a career in the Army.  Indeed, being a soldier is one of the three adult jobs I've done and its one I've never regretted.

But having been close to agriculture my entire life, and having really come close to having been able to do it as a career, I can't imagine passing it up for something else.

Suum cuique.

I suppose.

Wednesday, September 25, 2019

Overheard on retirement

I've written about retirement and the history of retirement here more than once.


This is one of those threads that was started off in draft a long time ago, several months actually, and then never finished. At the time it was started, I'd been present when a person employed in my field, but not yet of Social Security age, made a comment in frustration over something about retiring, and another lawyer present dismissed it out of hand, even though that lawyer is even closer to that age, with a "oh no, now let's not talk that way".  It surprised me.

Since that time, I've encountered a bunch of additional talk about retirement in various circles, which may be because I'm in my middle, middle, 50s, and maybe that's when you start to hear about that. For that matter, to my huge surprise, some lawyers I personally know, whom I've always thought were about my age (maybe they're slightly older) are in fact retiring.


I have no close personal experience with retirement.

My father didn't live long enough to retire.  He was 62 years old at the time of his death, having made it I suppose to minimal retirement age, but he was hanging on with the intent to make it to 65.  That's always the advice all the retirement folks give you, based on what are some faulty assumptions, not the least being that you'll live to age 65 or appreciably beyond it.  He was pretty clearly ready and wanting to retire, however, and was talking a bit about it.



Indeed, he'd been talking about it for at least a few years prior back into my final university years.  By that time I think he was pretty clearly burned out from working, which he'd done since he was very young, and was slowing down physically.  Indeed, the scary thing there is that in some ways our two lives follow the same pattern in some things, which very much diverting in others.  In terms of ways they parallel, he'd been working from a very young age, which I've also done, as he was employed at least part time since his mid teens, and I have been as well (my early teens actually).  While he never ever complained about it, he also had lived a pretty hard life as his father had died when my father was just out of high school and that put my father into the full adult world with all its responsibilities very early.  For me, my mother had been ill for years and years, which took quite a toll in other ways and while not as dramatic as the story for my father, it had a similar impact.  That is, compared to some others, but only in some ways, I sort of went from my early teens to my quasi adult years and skipped over the teenage ones, sort of.

Given all that, he was getting worn out.  While still in school I suggested to him that he ought to retire, even though he was still in his late 50s at the time, just a little older than I am now.  I told him at least once, and perhaps more than once, that he didn't need to worry about me, and I could take care of myself.  He should take care of himself, and go ahead and retire.  He didn't.

Of course, it's easy when you are in your 20s to imagine that people in their 50s can retire, which isn't really the case.  Probably a part of that was a sense of responsibility, which was highly developed in my father, that he couldn't retire as I was in school, which is something I worried about at the time.  But then my mother's illness was likely also a major factor.  He no doubt felt he had to make it to full retirement age given all the factors he was faced with.  He did not.*

His father didn't either, dying in his 40s.

And his father's father did not as well, although he died in his 80s.  He was multiply employed during his life, being a part owners in a store and also a post master.  At some point he became a city judge, accordingly achieving a judicial career aspiration of mine that I'm not going to achieve.  In fact, he recessed a case early for the noon break as he wasn't feeling well and then went home and died.

Of course, that's only part of the story of my ancestors and that's unfair, as your maternal great grandparents are just as much a part of your story as your paternal ones. The point is, I don't have any recollections, like some people do of "when my grandfather retired" or "when my father retired". Both of my grandfathers were dead before I was born and neither of them lived into their 60s (my mother's father was 58 when died).  My father didn't live long enough to retire either.

So perhaps that means I don't appreciate the nature of retirement and why a person wouldn't retire.

Or perhaps I appreciate it more.

I'm not old enough to retire myself, now being two years junior to the age of death of my maternal grandfather, but I'm old enough to hear the conversations about it and listen to them. Indeed, that's true of anyone making into their 40s.

In my case, however, I'd started hearing about them in my 20s, as I was a National Guardsmen.  Retirement is a draw of being a Guardsman, or at least it was then, in the oilfield depression of the 1980s.  Lots of men, and we were mostly all men in those days when combat, and we were combat arms, was the role of men, were unemployed or underemployed at that time and the Guard provided desperately needed cash, just like deer and antelope season put meat on the table.  As a lot of those men were Vietnam veterans and had at least two, if not more, years of military service in prior to joining the Guard, and they'd been in the Guard for awhile, reserve retirement was something that was really on their minds even if they had to wait age 60 to draw it, which most of them were not anywhere near being able to do.  Hard times made retirement pretty real to them.  It was only vaguely real to me, as I was in college and had a long ways to go before any such thing could be the case for me.

Well that's no longer true, which makes my presence as a silent third party in topics about retirement a different sort of thing than it was earlier.  And I have some distinct views.

One thing that really surprises me quite frankly is the degree to which people accept the common advice about keeping working once you can retire, or even have a stated desire to never really do so.  I'm not telling anyone to retire and as I'm not at retirement age as it is, or Social Security retirement age, any opinion I have on that sort of things is not really fully informed.  But one thing that's really struck me in regard to it is how many people simply assume that they're going to retire and then be perfectly okay for enjoying life while not working or, alternatively, that they'll be fine to keep on at occupations that were physically or mentally taxing for people in their 20s, 30s, and 40s, when they're in their much older years.

Many things won't work that way.

Indeed, for most, at least to a degree, they don't.

People who track human happiness, or perhaps just the happiness of Americans in general, sometimes note that the elderly are the happiest demographic, which is not only true, but frankly sad.  By and large their daily struggles are over, and by and large, given the glass and steel and cubicle world that we've made, and the abandonment of structures that gave life meaning, most people frankly aren't very happy during their long working years.  That in and of itself has to make a person wonder why all the advice exists not to retire.  Statistics year after year paint a very grim view of American working culture in psychological terms. Telling people to suck it up and keep on keeping on may not be the best advice.

It might also not be because once a person hits 50, and frankly for men it's 40, things become dicier health wise all the time.  People are generally in fairly good health in their 20s and 30s, but things begin to catch up with them soon thereafter.  If you are in any group of men in their 40s you'll be shocked to see some who look twenty years older than that and others who look twenty years younger.  Injuries, genetics and daily living catch up with people.

As just such an example, this past week (this was written on September 23), the state bar circulated the news that a lawyer in Cheyenne had died, and in looking it up, I saw that she had died of a cerebral hemorrhage at age 50.  Not old.  This can be caused by a lot of different conditions, including an injury.  But it can also be caused by high blood pressure and other things that you genetic makeup may predispose you to.  In that case, generally if its detected early enough, you'll make it into a longer life.  An aunt of mine who had high blood pressure, for example, made it into her 90s, whereas my grandfather, who also did, didn't make it so long and passed away in his 40s, as earlier noted. The key there is that it was detected in his case at an age that they couldn't really do anything about, although frankly he was heavy and that no doubt didn't help things at all.

Anyhow, that's just one such example.  I'm in pretty good shape in my mid 50s but I'll note that a friend of mine who is the same age about walked me into the ground during sage chicken season.  Keep in mind on that we both walked for miles, so it's not like I made it a few yards and stopped.  But the point here is that he's in really good shape, and that's in part due to his work, which keeps him that way.

In contrast, a couple of colleagues I vaguely know are at the point where they're a physical mess.  There's a variety of reasons for that but if I were to hear that they were physically incapacitated or died, it wouldn't surprise me at all.  Lifestyle, in those cases, is clearly an element.

All of this deals with people in their 50s, not their 60s. The 50s are the decade where you really start to pay the piper for the dance.  By the 60s the bill is really coming due in spades.

And this doesn't really take into account things you just can't do much about but which hit some people anyhow.  Women who had no warning will develop breast cancer irrespective of their never having smoked and the like.  Men will start developing prostate cancer simply because they're men.  Other rarer forms of various diseases hit people without warning and without known cause.  And all of that just deals with physical ailments.

For some the more dreaded diseases, the ones of the mind, really start to come in during their 50s or even their 40s.  That's fairly rare however.  But by the late 60s that's less and less true.  Not everyone gets them by any means, but when Americans talk of retirement and the "I'm going to work until my 70s" talk comes out, its as if nobody ever is so afflicted.

Indeed, not do those ailments rob many people of their old ages, but directly and in terms of vicarious impact (being married to somebody in mental decline is no treat), it's a problem that's so significant that it ought to be addressed in terms of not "when will you retire" but "you must retire".

Ronald Reagan was 70 years old when elected President, which was seriously regarded as quite old for the office at the time.  Since that time the United States has come to entertain increasingly older and older Presidents.  Reagan, according to those who knew him well or who have studied him, was an extremely intelligent man who affected a lesser intellect in the same way that Dwight Eisenhower had earlier in his career.  Nonetheless there's some fairly serious speculation on whether Reagan's dementia had manifested its onset during his second term.

The United States to date has been extraordinarily lucky that it has not yet had a President or a Supreme Court Justice who clearly suffers from dementia.  We will sooner or later if we continue to believe that simply occupying those offices makes a person exempt from being afflicted.  The Supreme Court is particularly remarkable in this regard in that the occupants of that court are often ancient.  The recent health problems of Justice Ruth Bader Ginsberg give a really good example of how, sooner or later, there's going to be a real disaster on the bench.  In her case, her afflictions were physical and not mental, but any rational person has to concede that, absent a change in how the court is staffed, sooner or later some justice is going to be afflicted with dementia and its not going to be caught until its fairly severe.  Even at that, it's almost certain that the Justice's staff will work to conceal it until its simply not capable of being concealed.

Woodrow Wilson exhibited a slender body form that's the more or less modern metro ideal, but his health was horrific.  Suffering from high blood pressure, Wilson had suffered his first stroke in 1896 and would have subsequent episodes prior to his debilitating stroke of 1919.  Wilson was 63 years of age at the time of his last stroke and had suffered his first when he was 40 years old.

This is a good argument for retirement to occur in certain occupations, particularly public occupations, prior to the potential ravages of time taking effect, although it isn't the only reason to have a mandatory retirement age in some occupations. Just taking that on in and of itself, however, a good argument can be made that in certain occupations, an out date should probably be mandated as to avoid the "Apres Moi, la deluge" type mentality that some acquire after long service.

Charles de Gaulle who couldn't conceive of a French republic without himself being there.  A vigorous man his entire life, he departed life suddenly at age 79, just two years after leaving office.  He predicted the "deluge" following his retirement, but it didn't come.

That's basically what we see at the Supreme Court level right now, and its surprisingly common with people in all walks of life.  People come to the view that at some point they're completely indispensable.  However, very few people really are.  In odd circumstances, and perhaps in a small handful of jobs, the opposite is true.  But it's exceedingly rare.

Mentally vigorous, but physically frail, Justice Ruth Bader Ginsburg is now occupying one of the most powerful positions in the United States at 86 years of age, twenty years after the conventional retirement age.  She's occupied the seat since she was 60 years old.

Indeed, examples to the contrary abound.  And not only do they abound, a person who self occupies that indispensable position can in fact hurt the very institution that the imagine themselves critical to.  Let's call it the Eamon De Valera Effect.

Eamon De Valera, who was the Irish Prime Minister from 1937 to 1959, and then President of Ireland from 1959 to 1973.  He died two years after leaving office at age 92, having left office at 90 years of age.

De Valera was a force in Irish politics before there was a modern Ireland.  Self appointing himself the Irish "President", recalling the term for the American head of state, during the Anglo Irish War, he went on to be an unyielding voice for Irish Republicanism and a central figure in the creation of the Irish Republic.  He was the country's Prime Minister for twenty-two years before stepping up, so to speak, to the role of head of state which he occupied until he was 90 years old.  He was a giant of Irish politics.

He also wasn't a George Washington of Irish politics who saw the need to step down and his own views came to so dominate Ireland that much of the country's current flirtation with flippancy may be put at his doorstep, or tombstone if you prefer.  An extreme conservative in many ways, he created an agrarian state with a special relationship to the Church that the Church itself attempted to prevent but yielding to in the end.  His view that he was indispensable to the Ireland he created may in fact have been somewhat correct, but that has proven to be a problem.  By dominating Irish politics for so long, Ireland was not allowed to really evolve into a more modern state earlier on, which it would have done in a way which likely would have accommodated its culture and religion more fully.  De Valera's refusal to go helped freeze Ireland in place for decades with the predictable result that when change inevitably came it came in a radicalized and ignorant fashion.  De Valera would have done his country a huge favor if he'd retired upon reaching that age.

And that's the real risk those who imagine themselves to be so important run.  Nobody lives forever, and by insisting that you control until nature determines you will not doesn't prevent a changing of the guard, it delays it, and delays it in a fashion which precludes it being done well. The United States Supreme Court has become the absolute poster institution for that fact.  With no mandatory retirement age, Justices now serve into their extremely advanced age, well beyond the era of their appointments, and either attempt to time their retirement such that they will be replaced with somebody they more or less approve of, or they simply determine to occupy the position until they die.

Justice Anthony Kennedy, a disappointment to conservatives, seems to have reached back towards the President who appointed him in terms of choosing to retire when he did.

The entire process accordingly subjects the entire country to constant turmoil at the Supreme Court level, a turmoil that's gotten worse as the country has become increasingly politically divided. It's also caused the dead hand of prior Presidents to be remarkably present many years after their original appointments.  The recent retirement of Justice Kennedy gives a good example of that.  Kennedy was appointed by Ronald Reagan and, in spite of not having been the conservative justice that was hoped for, it seems that he cast back towards the politics of his appointer in scheduling his retirement.  In contrasts, Clinton appointee Ginsberg seems to be holding on until somebody more like Clinton is in office, assuming that she simply doesn't choose to depart when called to the final docket.

That all pertains to important public offices, of course, so a person can logically argue that doesn't have much to do with conventional employment.  And they'd be at least partially right.  But there is something to it.  An individual in a private institution can become as ossified as one in a public one, and the ravages of time are every bit as present.

As an example of that, years ago I was working on a contractual matter in which it was clear that something odd was going on with the other lawyer.  When we gathered for the closing, it was clear that he'd become completely senile. His longtime secretary was doing the real work, Edith Wilson fashion, and doing it fairly well.  But it wasn't quite right, and the explanation for that became clear at that point.

Edith Wilson, President Wilson's second wife (his first predeceased him).  She effectively operated as President while Woodrow Wilson was debilitated due to a stoke.  Fortunately for the country, she did a good job at it.

That is an extreme example,, but many others abound. Finding examples of institutions in which an elderly figure holds on when he shouldn't are fairly easy to find.  Family businesses of all types, in which a founder brings his children into them and then won't yield to their decisions, are particularly common, often leading to the end of the business when a frustrated child simply chooses to quit.

Outside of that, i.e., debilitation and limitation coming into play for those not retiring when they can, there's also a certain sadness necessarily associated with the "I'll keep working" point of view that's hard to escape.

We all as children have very broad interests.  That continues through our teen years and early 20s, but the impact of work and the "occupational identify" tends to operate to destroy it or bury it in a lot of people.  People who when young had a wide variety of interests drop one, then another, then another, until by the time they are within a decade or so of retirement they've stripped all their interest down to work.  If you run into the friends of your youth and ask them about some activity they did when younger the reply "oh. . . I haven't done that for years" is a common one.  Indeed, if they have an outside interest its often one that's frighteningly associated with their occupations, either as an auxiliary way of doing business, an activity directly associated with it, or worse of all, an activity that was designed to drown it out at all costs.  Young men who had been outdoorsmen in their youth are found, forty years later, maybe golfing, watching over mock juries, or drinking.  Not a good development. For quite a few, work is all that's left.

Not all, of course.  Not by other means. But one thing about retiring is that it gives a person a chance to do those things, perhaps, again.

It also gives a person the chance to exercise what may have been a secondary vocation, or even their primary one. Their "calling", so to speak.

Just recently here I wrote about Norman Maclean, the author of A River Runs Through It.  I have a second post in the hopper regarding Maclean that I may, or may not, finish, dealing with the fact that his published writings all come late in life.  Indeed, they came after he had retired as an English professor.  My thought was that, to a degree, that was a tragedy, particularly as he left a selection of long worked upon but unfinished work.

But what that doesn't completely acknowledge it is that writing is really hard work. At least good writing is.  People who write are working at writing and its taxing.  People who write at history, moreover, or historical fiction, are not only writers, their researchers.

This has become increasingly obvious to me as I'm not only a lawyer, I'm a writer.  I write here constantly, of course, in part because I'm a compulsive writer, but in part because writing a lot hones your skills at writing. And not all writing is the same, although the more you write for a wider audience the more all of your writing begins to be of that type.

Anyhow, as a writer who is employed full time, indeed who has two jobs, I'm like Maclean.  I'm not getting my writing completed.  I may well have to wait until I retire, assuming I live that long.  But that's the point.  Maclean likely didn't finish his works written while he as a professor because he was working.  They had to wait.  People who have that auxiliary vocation, or even primary one, that are suppressed due to the need to work take that vocation with them to the grave if they never retire or retire too late to exercise it.

And there are a lot of those sorts of things.  For example, in my state there is or was a Catholic Priest who didn't take up that vocation, which he had all along, until he was retired.  In that time period he'd been married, raised a family, and become a widower.  At that point, he sought leave to enter the seminary and take up a calling he'd heard in his youth but never heeded.  Indeed, remarkably, both he and one of his children were priests at the same time.  A well known local lawyer did something similar to that when he retired from the law and became a rabbi.

Some time ago I read of an instance in which a Canadian man whose father had been a career Canadian Army officer entered the Canadian Army in his 40s.  The Canadian Army still allows for that and he'd always wanted to be a soldier, but life had interrupted his goal.  He finally acted on it, after leaving his civilian employment.  Locally a retired investment broker works enthusiastically at a fishing tackle store as fishing was always his real passion.  A bull testing I was at a while back had an ancient man who was assisting as a lab tech for the veterinarian, who turned out to be his son.  It was his chance to be outdoors around animals.

I can't say, except in the case of public servants, that anyone "must" retire.  Ultimately, that's an individual choice.  But I really question where societal pressure operates against it.  "Work a few more years" presumes you have those years when you might not.  "I don't ever want to retire" suggests that maybe you've forgotten your other joys or are afraid to have to face life without the roar of work.  Time moves on and we don't get it back.  For some, working until the grave or until quite close the grave may be their real joy.  But for most it won't be and pondering something else, if they can, should be done.


*And then I took over in that department, although my mother had revived a bit in my father's very last years.

Thursday, June 13, 2019

Lying to Students.

The other day I posted a graduation post that was fairly positive. So why come in now and post one that's fairly cynical?


Well, a variety of reasons, the first of which is that this time of year I often hear a lot of commentary about what should be in graduation speeches and, beyond that, what supposedly some speaker has said to some body of students.

Quite often these tough talking speakers turn out not to have delivered a blistering speech to any actual body of graduates, but every now and then the opposite is true.  More frequently, however, it's an article that somebody wrote about what they would say to the newly minted graduates, if they were invited to speak, which they weren't, and are unlikely to be.

I’ll be frank that I’m hugely skeptical about graduation speeches in general, and life has made me pretty cynical, assuming I wasn't somewhat cynical to start with.  But I sat through a lot of speeches this year and I’ve sat through quite a few the past few years.

I find that some of the annual "what I'd say" or "what new grads desperately need to hear" theme irritates me for a variety of reasons, a lot of which is no doubt very personal to me and me alone.  But I don't like the condemnation of the younger Millennial Generation of Americans that's so common today.  Indeed, I find myself, as a member of the "Gap" between the Boomers and the Gen Xers, to find Boomer critiques of younger generations to be hugely ironic as I can't grasp why so many of the Baby Boomer Generation, which was characterized by rebellion against the generation of their parents (perhaps unfairly to some degree, as no generational set of traits characterizes every single member of a generation) should be taken too seriously by the generations that followed when offering this sort of advice.  Not all the speakers are Boomers anymore by any means, but the "kids these days" type of theme often fails to note that when they were kids, that generation had pretty radical views about everything, including work, and a lot of the political mess we find ourselves in today is directly attributable to Boomers having a death grip on American politics both in reality, and in the dead hand of their generation having reworked everything from 1968 forward.  It's sort of like the engineer on the train to Chicago bringing in the fireman and telling him make sure not to go to Chicago.

FEF-3 fast passenger locomotive, designed for speeds over 100 mph.  Getting on an educational path is a lot like boarding one of those fast trains. They start slow, but after awhile they're rocketing towards their destination.

No matter who the speakers are in general, if they're invited speakers, I occasionally will hear a lot of speeches about unlimited possibilities.  The written ones are often combined with the "you need to" type recommendations.  "Unlimited possibilities" themes are common with invited speakers and at least in my experience they seem to be included in commencement speeches as a rule, along with related themes like “you can achieve your dreams”, etc.

Frankly, those speeches were always lies to a degree as there’s never been unlimited possibilities for most people.  The line from the movie Lawrence of Arabia that “you can be what you want, but you can’t want what you want” is much closer to the truth.  Indeed, you can, with hard work, be anything you want. . . but you can't want what you want.  What you want is often determined by set limits of various types.  Determining those limits is a real trick, and imagining limits that don't exist is self limiting while challenging them can open up possibilities.  But it's folly to imagine anyone can truly achieve absolutely anything they want.  To go to the extreme, you may wish to be the Czar of all the Russians. ..  but you are not going to be.

Often the people who deliver those sorts of lines have been successful in some notable thing or, on rare occasion, are what we might regard as hugely successful, with that definition frequently being economic in nature, i.e., super rich.  In both instances those people often been the beneficiaries of not only their own hard work (and they typically are really hard workers), but lucky breaks as well. Generally hard working people will be successful, but hugely successful people have unique things going on with them of all sorts.  Sometimes luck, sometimes genius, sometimes lucky associations, sometimes Providence, and sometimes ruthlessness.  Not everyone who sits in an audience hearing a speech is going to be the beneficiary of those sorts of things, so for most people, indeed all people, things really are limited to some degree.  Indeed, the fact that so many graduation speakers seem to have the theme that you have to try to go out and start the next Microsoft discounts the reality that for quite a few people, some less lofty goal might be success.  That’s something that somebody with two kids who are now in university isn’t supposed to really say, but I’m pretty sure it’s the case.

It's also frankly the case that modern society has shut the doors and windows on a lot of former roads to success. Yes, some have opened up, but at least in my cynical view, a lot more have closed than have opened.  When the 1960s vintage Boomers graduated they still lived in a world in which simply having a college degree opened the door to the white collar world. That world is long gone.  And in spite of the occasional Life Time movie to the contrary, if you heart's desire as a young person is to leave the city and farm or ranch, well, you aren't going to if you weren't born into it.

I'll get back to all of that in a moment, as it has something to do with lying to university students.

People can, of course, be very limited in obtaining a successful life by their own actions, which is the flip-side of that.  And there’s something to reminding people of that and trying them to encourage not to surrender to vices, sloth and inaction which will impair a successful life.

On speeches, this year, for the first time ever, at my high school Alma Mater (where my father also went. . . and my son. . . and my wife. . . and my wife’s parents  . . . and most of my local aunts and uncles) the students delivered the speeches themselves.  Frankly, I was really impressed as they were; 1) really good speeches, both inspiring and practical; and 2) sincere.  I’ve heard some good graduation speeches, including those delivered by really well known people but these were among the best.  I don’t think that my own high school class from so long ago could have delivered speeches anywhere near as insightful.

The worst speech I heard this year was at an academic awards banquet.  The speech delivered to the assembled body of really smart students was of the “you can achieve your goals”, “reach for the stars” variety delivered by a KW graduate who apparently was encouraged at that across town high school back the same year that I graduated from NC to pursue his dreams of entering theater.  I guess he was awarded a “most successful” grad award a few years back for what seems to have been appearing in Broadway plays and starting some theater school in the Midwest with his gay partner, whom he mentioned repeatedly in a fashion which would necessarily elicit applause from the polite.  I'm not commenting on him personally (I'd never heard of him) or anything about his personal life  whatsoever but rather his speech.  It was rather self congratulatory and, frankly, I’m cynical enough to find that sort of success to be of a variety mostly appreciated by high school theater departments whereas I’d regard my high school friend who dropped out of college to become an electrician and who ended up owning the electrical company a much larger success.  That's hard to explain, but in the overall scheme of things I'm not sure that theater schools matter much, but solid electrical wiring does.

Indeed the unstated implied message of such a speech is that, if the speaker is exceptional, it's because his career success, if it is that, is the exception to the rule by a gigantic measure.  Most people who major in theater or dance at any post high school institution are lucky if they secure a position teaching it somewhere.  Some will break into theater or the preforming arts, indeed one of my high school colleagues had a role in a television drama of the 1980s and 90s for as long as it ran, and one lawyer I know was at one time an actor in a soap opera, but most won't break into it.  A super good friend of mine who majored in music at a major music school remains involved in music but has always made his living in another fashion in spite of being a graduate one of the best music schools in the nation.

Another fellow I know who majored in theater makes his living driving one of these:


And he feels pretty lucky to be doing so.

On that, to amplify it a bit, a father of a recent graduate I know was relieved when his son took a job as a social worker.  He'd been majoring in music with theater as a "fall back", which his father viewed as a recipe for disaster.  In the end a college professor told him that he wasn't a good enough musician for the major and he should drop it, which he did.  Did he do him a favor, or not?  I guess that depends on your view.

Of course, that's because I view success probably differently than a lot of people. I guess the theater school guy is a success for achieving his dreams, if that's what he did, in a fashion that somebody regards as notable.  Maybe he's a success for being able to convert his dreams into a related dream and make a living at it.  I'm not sure. But if that's the case, large number of small businessmen are every bit as successful.  Maybe it was achieving his dreams over adversity, which would perhaps explain why he mentioned his partner repeatedly given the change in social views over the years, but then all of his success followed well after the 1969 Stonewall riots and its not really the same, for example, as the local guy who was on the Black Fourteen, at least in my view.  It might not even really be the same as the story of the successful Mexican restaurateur who owns the Mexican restaurant across the street. 

The worst graduation speech  of all time I ever heard was at my law school graduation which was by a 1,000 year old lawyer, then under investigation.  It was awful and boiled down to "I love lawyers. .  .I'm a lawyer and I love me".  But a lot of specialty school propaganda is of that very nature.

And more on that in a moment.

Being around young people in general, I’m impressed by how smart and well educated they are.  This Spring my daughter was studying for the IB certification for her high school degree and came in to talk to me one night about topics on the history part of that exam.  The French Revolution through World War Two.  I thought this will be easy.  The list of topics were not.  For example, she had a topic on the Treaty of Lucarno and the political figures of Weimar Germany during the 1920s up to the Great Depression.  All the topics were really advanced.  We didn’t get that sort of advance study when I was in high school.  And since my son, three years older, has been in college I’ve been drawn into conversations on topics so advanced that I’m stunned a 21 year old even knows they exist.  Once they overcome the dog’s breakfast that they’ve left with by earlier generations, they’ll be a real force.

Which assumes any generation can overcome the mess older generations have left them with.  The force of economics and society has eliminated a lot of occupations and the ability to make a living in all sorts of places in favor of a really dull cubicle world that people generally don't like.  Entire occupations that individuals once could make a living in are flat out gone, in favor of a downward shift in everything and in which everyone needs a college degree, which is flat out absurd.

All of which gets back to the lying, or at least the negligent misrepresentation, of things to graduates.

A person can't do whatever they want.

They have to find something that they can make a living at, and hopefully they like it.  Worried parents may say that, but universities aren't going to.  Entire educational disciplines right up through post graduate work depend on the students being ignorant of that fact.

Indeed, while any traditional field of study offers some jobs, given the post 1960s boom in degrees, just having a degree doesn't open the door to anything.  So having a degree in English, or History, or Art or Political Science isn't going to open the door to employment, except perhaps as an officer in the U.S. Military, the one remaining institution in American life which regards having a degree as an open door to "white collar", i.e., officer status.  If a person does well, that opens the door to something else, often some type of graduate school.

Some degrees are even worse, and they are the ones that are often followed by the word "Study" and involve ethnicity.  They're close to worthless in the real world, save for people who are lucky enough to take them through graduate school and into teaching.

Nobody wants to say that, particularly nobody associated with higher education, but it's true.  Honesty would require that if you are in any of the degree fields mentioned above, the first thing your university should warn you about is that you are unlikely to find employment with the degree.

This takes me to our local bar journal, perhaps oddly enough.

Our state bar publishes a magazine monthly (or maybe quarterly).  It always features an article by the law school dean.  This month's theme is a celebration of the legal profession.

Here too I'm pretty cynical as every single field does this.  If there were executioners who did only that today, as there once was, I'm quite sure their professional journal would issue articles celebrating themselves as public servants.

Some professions are particularly bad about this, and law is one of them, but it sure isn't the only one.  Lawyers do like to imagine themselves however as the only thing that keeps Western society from descending into Something Really Bad, as if other occupations don't have a role in this.  The role of lawyers in creating Something Really Bad is generally glossed over as if we're all soldiers in a Crusading army, except we wouldn't say that as in the modern world we'd regard it bad to be a Crusader, of the actual type that is.  We'd probably see ourselves now as being in Saladin's army, which in some ways really is a better analogy.

Let's turn to the Dean's article:
As we celebrate the legal profession this month, it is important to recognize the foundation stone and common thread that ties the legal community together in Wyoming and beyond: the Juris Doctorate Degree (the law degree). The law degree, arguably, is the most versatile academic credential in the world, empowering those who have earned it with a modern day ‘Excalibur’ sword to overcome life’s obstacles, settle disputes, fight for justice, and obtain the highest levels of professional achievement in the areas of law, business, academia and public service.
King Arthur with Excalibur.  I wonder if that analogy strikes anyone else as a hopelessly odd one for a law degree.  At least by my recollection, we neither pulled our degrees out of a stone that restricted to us alone, although I suppose some strained analogy could be made, nor was some spooky lady that dwelt in a lake involved in any fashion.  Moreover, its worth nothing that Arthur is betrayed and looses in the end and the baddies take over his kingdom.  Additionally, the whole story involves something really important that the seekers have lost that seemingly shouldn't have been lost.

Um, wow. 


A law degree entitles a person to do one thing and one thing only, take a bar exam.  That's it.

Not everyone who obtains a law degree with in fact pass the bar.  Most do, but not everyone  A few will have taken seven years of study and hit that brick wall.  I know one such person and what she ultimately did was marry well.  I'm sure that's not why she chose her spouse, but that did provide her with security.  Not to be sexist, I've know at least one male lawyer who married really well and thereafter rapidly gave up practicing law.


If you take the bar exam, and pass, that entitles you to do one thing and one thing only, practice law.

The practice of law is a hard, hard job.  It doesn't pay anything like what people imagine it does and the hours of work it requires are colossal.  It comes in front of everything else in your life. .. everything.  People who work in it will sacrifice time with their families and surrender huge blocks of what had been their personal life to it. For a lot of people it becomes their identity in the end so that they can't leave it and it remains the only thing in their lives.  Some go so far as to sacrifice health and morality, assuming that they were in the class of more or less moral people to start with and that they wouldn't have gone down a self destructive path anyhow, which is an assumption a person really ought not to easily make.

It can be really interesting.  And most people who do it make at least a middle class income. Some do very well.  But let's not fool ourselves. . . we're not Knights of the Round Table.

No law school dean is going to tell incoming students that.  It's not even imaginable.  That is, no law school dean is going to greet an incoming class in law school and say something like "Welcome. . what you are about to embark upon will change your way of thinking and character forever.  None of you will escape this.  You're going to give up parts of your personalities, your free time, your hobbies. . .some of you will become absolute assholes and others drunks, drug addicts and go from one superficial relationship to another. .  according to current statistics over half of you will regret your choice. . . have a nice day!".  You won't even get "You'll be working hard, the topics will be interesting, some of you will get rich, most of you won't, and a lot of you will be working very long hours and making less than the plumbers and electricians you'll call to work on your houses".

All of which (well not the drug addiction, etc.) is fine if you have the talent and desire to do it, and know what you are getting into.

Which might require some honesty from law school deans.

Instead you're going to get stuff like this, reflecting the good Dean's view on the super utility of the degrees conferred by his institution:
First, the law degree is the modern-day manifestation of the gun and holster in the Old West. In the old days, daily life on the American frontier was much more Hobbesian in its outlook as disputes were often settled by ordinary citizens at gunpoint in the streets of towns and cities without due process. Places like Dodge City, Tombstone, and Harlan County, Kentucky (near my roots), were made famous by gun fights between town Marshalls, criminal gangs, and outlaws attempting to solve their problems when the legal processes of civil and criminal justice were deemed ineffective-tive. As a Kentuckian, I was told repeatedly two things growing up: (1) that Kentucky is the only state that waited until the end of the Civil War to make up its mind as to which side to join, and then chose the losing side; and (2) that “the only thing in the law that comes before the Second Amendment is that First Amendment.” Though the U.S. Supreme Court did recently confirm that the Second Amendment guarantees a private right to bear arms among American citizens, the vast majority of disputes in society today are settled by judges and lawyers in court houses across America, not by civil wars and shootouts. Judges and attorneys, equipped with law degrees, have become the primary actors for deciding who’s right and wrong today and what the punishment should be. They are the linchpin for the peaceful resolution of disputes and the maintenance of order in society.
Still from The Great Train Robbery.  Robbing commerce or fighting for justice?

I'll be frank that I really detest the lawyer as gunslinger analogy, which is really common around here.  I also detest the lawyer as Knight Errant analogy, which is also pretty common.  There's something really wrong about this analogy in the first instance.

The Dean is also incorrect, FWIW, on the history of Kentucky in the American Civil War.  The state legislature of Kentucky was in fact pro Union but the state declared itself neutral in a war in which no state could be neutral.  A secessionist movement attempted what would have amounted to the oddity of a state coup, one was attempted in Colorado as well, which would have taken the state into the Confederacy, but it was as stupid as the attempt to do so in Colorado and failed.
Second, the law degree is the only degree that grants those who have earned it access to the third branch of government (the Judicial Branch) professionally. With any other advanced degree (Master’s, MBA or Ph.D.), one may run for President or Governor, serve as a federal or state legislator, or lead a Fortune 500 company; but only a law degree qualifies one to serve as a judge, justice or clerk in the American court system. The Judicial Branch of Government, accord-ing to Justice John Marshall in Marbury v. Madison, is the most powerful branch of government because American courts have the power to strike down laws, statutes, and certain government actions that contravene the U.S. Constitution (the principle of Judicial Review). The law degree is the gateway to access this special branch of government which is responsible for the important function of enforcing the law.
This is absolutely true, but let's be honest.  The number of people who are qualified to be judges and who obtain that position is a tiny percentage of those who obtain it.  I'll put myself in that category as I've attempted to secure such positions seven times and failed in all seven.  I'm now at the point where jurists who are appointed are younger than me and I have no chance of securing such a position now. 

If I had entered the field believing that this was my ultimate goal, I'd now have a complete career failure.  But aiming for judge as a career goal is a pretty stupid goal for that very reason.  You probably aren't going to get it.  Indeed, I know a lot of first rate lawyers who apply and fail to get it.  I doubt that any of them entered law school and were swinging for the fences really.

Which actually gets back to the theater guy for a moment.  Most people who study theater aren't going on to be Paul Newman. . . or even Claudia Cardinale.  Shouldn't an honest speaker mention that?

Indeed, I'd like this argument to urging high school baseball players to believe that they must enter the Major Leagues.  Amateur baseball is the only field that grants access to the Major Leagues.  But even if you are really good, you probably aren't going there.

That's  not a reason not to play baseball, just as the fact that you probably aren't going to be a judge isn't a reason not to become a lawyer.  But to argue that this is one of the super nifty things of a law degree is to really engage in fantasy.
Third, the law degree is the most empowering credential in society today.* With a law degree comes the confidence and know how to handle life’s problems and challenges or assist those in need of help who do not have legal training. I tell new law students that law school is like training for “The Matrix” (yes, the sci-fi movie with Keanu Reeves playing the role of Neo). Like Neo, those who choose to pursue a legal education have chosen to take the red pill, which will lead them down the rabbit hole to see and understand the real world the way it truly is in all of its nuance (not exactly a pretty place). Those who choose to take the blue pill will remain in a state continuing to live their lives and experience problems without the proper tools and training.
I'll be frank here that I simply hate this analogy and I find it absolutely everywhere.  Patrick Coffin, for example, the really conservative Catholic commentator who is flirting on the edge of real extremism now days claims that people like him have had their "red pill" moment.  Using it in a somewhat different fashion, I heard a Deacon delivery a homily within the last month using this analogy.  I saw somebody in a politically extreme camp use it to justify their view that they possessed the truth, when they rather obviously did not.  It's everywhere.

Frankly, the whole idea that only people who are lawyers see the truth of things is really insulting to most people.  And its simply not true.  One of the things that can be said about lawyers in general and American lawyers in particular is that they are very frequently not the servants of larger truths.  Indeed, a book that recently came out argues that the entire boom in education of the 60s and 70s was so dominated by certain political views that it indoctrinated a very large number of students with them and a fair number became lawyers, and that's gone to the point where its now harmful to American society.  It's certainly the case that lawyers have been prime players in movements that involve larger philosophical and even metaphysical questions about which they are entirely untrained and blisteringly ignorant as a rule.  In order to achieve the red pill/blue pill position that people such as the Dean maintain, we'd probably need about six more years of post baccalaureate training, or really good bachelors degrees in featuring a strong concentration in science, philosophy and theology.

And that view isn't one that is expressed by lawyers who are very good.

Good lawyers learn pretty quickly that a lot of people, some with outstanding educations, and some with very little, are often extremely wise and knowledgeable on all sorts of things.  Nowhere does this express itself more than with the modern jury, which is often young, smart and knows that it knows as much about most topics as the lawyers do, maybe more.

For that matter, quite a few average people often know the law quite well.  I've seen laymen correct lawyers on the law more than once.

Indeed, it can be argued that law schools in general feed out buckets full of blue pills and it maybe the dean has taken a few too many.

Most of us don't have anything like the wide educational background that would really be necessary "to see and understand the real world the way it truly is in all of its nuance".  Some do, some are entirely deluded about it and don't care anyway, and most of those who pick that knowledge up, do so after they're practicing law.
It is often said that law school deans and administrators should err on the side of discouraging potential law students from attending law school unless they have really thought it through financially and professionally, weighing whether it is worth the money and the right fit career-wise. In my opinion, the law degree is the ultimate tool for preparing one for life’s challenges regardless of one’s personal or career path. Whether you are seeking to become President of the United States or wanting to be a stay-at-home mom or dad, the law degree is an indispensable tool for overcoming so many obstacles along the way. Thus, it should come as no surprise that most of our U.S. Presidents dating back to James Madison and Thomas Jefferson earned their law degree. Currently, lawyers make up approximately 40% of the U.S. Congress as a whole, including 57 members of the U.S. Senate. Twenty-three of the 50 governors in America are lawyers. Those with a law degree are part of an exclusive club of trained leaders and professionals who possess a powerful weapon - a modern day sword - to solve problems and serve humanity with competence and compass.
Only a law school dean could argue that its a good investment to spend thousands of dollars and three years of your life in order to obtain a degree and law and then become anything other than a lawyer.  There are stay at home mom's and dad's with law degrees, to be sure, but if that was your goal entering law school, you probably ought to ask yourself if your quest for personal knowledge of that fashion warrants your taking the place of somebody else who wanted to occupy that same student's chair in order to earn a living or actually fulfill a professional dream.  Stay at home if you like, I have nothing against that, but does anyone actually enter law school with that expressed goal?

Indeed, that strikes me as a recruiting cry by somebody who is pretty worried about their institution, perhaps with good reason.  The UBE has made the local law school redundant to some degree.  Go to law school to acquire knowledge alone is a lot like the old "Try One In The Guard" recruiting call of the Cold War which was pitched to recently discharged soldiers.  It basically amounted to "we can't fill the unit slots. . . sure you didn't like the Army, but maybe you'd like us. . . will you hang around for a year and see?"

Anyhow, continuing on; 
In my lifetime, I have been fortunate enough to have had the opportunity to practice and teach law and manage a major public law school. During that time, I never met anyone with a law degree who requested a refund for their legal education. Now that is some-thing to celebrate!
It perhaps serves here to note that if you asked for your money back, you aren't going to get it.

I've been practicing law for thirty years and I'm not going to be asking for my money back.  Indeed, if I did that, it raises the question if I have to give the money that I earned in the profession back as well, and most of us do have at least a slight mercenary reason for being in the profession, and I'd have to give my friends back whom I met practicing law.  I'd even maybe have to give my family back, as my wife was employed by the court when we first started dating, and I'm sure not going to do that.  All of which of course amplifies The Butterfly Effect nature of decisions.  But the fact that the Dean can say this shows that he isn't out in real practice very much.  I in fact know a person who was one year behind me in law school who became so disgusted that she actually demanded that she be stricken from the roles of those licensed to practice law.  She didn't just quit, she wiped out her admission entirely.

And this doesn't begin to credit the rampaging levels of mental illness and addition in the ranks of lawyers, which is a huge acknowledged problem in the profession.

Nor does it acknowledge the number of lawyers who urge their children not to take up the profession.  Just recently I was having lunch with a cousin of mine who is also a lawyer (I seem to have a lot of lawyer cousins) who noted that he felt bad now as he'd been so vocal in his view that his own daughter and he cousins not become lawyers that he featured he had unfairly tainted it for them.  A lawyer I know who started off as a teacher keeps a list of acceptable professions, all blue collar, taped to his refrigerator so that his young children will see it.  Another lawyer I was talking to just recently told me that he was urging his sons to be plumbers or electricians.

That's pretty telling.

Now not everyone feels that way to be sure.  Not by a long measure.  But those in the profession do know those who hold some opinion like that, perhaps (hopefully) fleeting in nature.

Of course, the whole point that the Dean's hypothesis is absurd as if you ask for your money back, you won't be getting it back, is really the very point.  You won't get it back.  And you won't get back the three years you invested in the degree tacked back on to your life either.  The investment and the degree, if you obtain it, is there.  The admission to the bar is there.  Now you are that thing, a lawyer, and while you may chose not to practice, the fact of the matter is that by that point in time you are now no younger than 25 years old, if in fact you aren't in your upper twenties or even pushing 30, and you are running out of time.  

You don't get time back.

So, with all that, what do you say to the new high school graduate.

Well, I suppose, you can do what you want, but you can't want what you want.

You can try for those things you can rationally want, but statistics play a role in things and if you are planning to enter the Major Leagues, you will probably fail.  Some wont.  Most will.

And while you can mark time in upper education for awhile, it's only awhile.  Mark time too long and you'll have just what soldiers made to mark time have.

Sore feet and no forward progress to show for it.

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Appendix One.  Is A Liberal Arts Degree A Bad Idea?

Medieval depiction of the Seven Liberal Arts.

Am I saying that a Liberal Arts degree is bad?

No, I'm not.  

I feel all education in anything is a good thing, but I think you have to keep in mind the history of degrees and how, in the big cycle of law, we've freakishly returned to them.

Early on the real purpose of obtaining a Liberal Arts degree was:

1.  You came from a rich family and we're going to be rich, and needed a well rounded education; or
2.  You were headed into one of the professing occupations, which were the "Professions".  You were going to be, in other words, a teacher, a lawyer, in some branch of the medical arts (which now really require a bachelors of science) or a cleric.

This was actually the general rule of things for the Medieval period into the modern one.  It only changed to any degree starting in the early 20th Century, with that change growing during the 1920s and then massively accelerating after World War Two.  From the 1940 to 1970 period simply having a BA opened the door to a white collar occupation.

In fact, that changed white collar occupations.  Prior to that time a lot of people entered the while collar world through their own talents and efforts, but not through a formal education.  When the extremely dated comedy How To Succeed In Business Without Really Trying has the founder of the big company be a window washer by original trade, it was funny, as the audience personally knew of such instances.

Indeed, the irony of the whole thing is the BA degree went to being a foot in the door to being a necessity, pushing others out and ultimately requiring that everyone had a degree. When that occurred, universities responded by offering more degrees, including a lot that are of very low utility.

With all this being the case, we're now back where we started over a century ago, with what I'd call the British Addition.  Now a BA entitles you to pursue a MA in business, or the field you first studied with an eye towards being a teaching professor or a teacher, or a lawyer, or a clergyman, or finally, a military officer.

That last addition reflects what was the case for the idled British well to do prior to World War Two. They were getting a degree, and then they were entering the Army or the Episcopal Clergy.

Don't be fooled, however, student.  If you are studying any of these fields or closely related ones, that's what awaits you.

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Appendix Two:  Is Going To Law School A Bad Idea?


Am I saying that going to law school is a bad idea?

No, I'm not saying that either.

I have a problem with propaganda, quite obviously.  At least I have a problem with "propaganda" in the modern sense, which means to basically authorize falsehoods of varying degrees in support of your position.  Originally propaganda meant material designed to propagate, which is basically what we'd regard advertising to be.  I don't have a problem with that.  And I feel that a lot of what law schools do to attract students is in the nature of propaganda.

Freikorps recruiting poster urging German men and soldiers to arms.

The further problem I have with propaganda is that propaganda tends to be doled out by people who haven't really lived what they're preaching, directly.  It isn't as if Goebbels, for example, had been a Frontsoldaten in the Great War.

Now, stepping back, I'm not in anyway claiming that the law school dean in question is anything like that.  Far from it.  He was a practicing lawyer.  But even here I'm a bit irritated as he knows, or at least should know, the current lay of the legal landscape.  That's because its at least widely believed that the local law school has been complicit in it.

One of the things that's happened to lawyers in the last decade is that our state adopted the Uniform Bar Exam.  Lawyers were opposed to the change but its' widely believed that that law school backed it and at least the back story is that the law school campaigned for it and, it's claimed, the Supreme Court ordered it adopted as that meant that degrees issued by the law school became more transportable.  Law schools all over the country have been strong backers of the UBE.

The other big backers of the UBE are one of the national bar organizations and states with gigantic bars supporting their gigantic populations.  The reason is that the UBE helps one class of people in particular, and those are the members of gigantic firms in big cities.

These lawyers are no more adept than any others, and frequently when the cross state lines they are less so, as has always been the case for lawyers crossing state lines. But the change had been significant.  As the UBE lawyers have come in, the gravity has shifted regionally to giant firms to the detriment of local lawyers.

Swinging back to the law school, under a prior university dean the school was ordered to emphasize its oil and gas industry connections.  As that dean had himself come from a state in which the oil and gas industry was big, there was real logic to it. That resulted in a guerrilla campaign from the then law school dean to defeat that emphasis for reasons that remain unclear.  For various other reasons the university dean resigned and a new one came in, who has since herself been replaced for reasons that remain wholly unknown.  But the law school dean fell too, and now we have the current one.

The reason I note all of this is not to suggest the dean is a bad guy.  I have no reason to believe that and I'm glad he's been a practicing lawyer.  But it's also widely believed that the law school is in a bit of trouble in an era which has seen, until recently, declining enrollment.  If you have a state bar in which the younger lawyers are destined, if they remain in the state, to practices which exclude big stakes civil and criminal defense, there's going to be trouble.  That's going to get worse, moreover, as out of state UBE lawyers are now picking up out of state plaintiff's work.  They're also picking up the oil and gas work.

It isn't as if there won't be legal work. There will, but thanks to the UBE, and perhaps to the law school, we're going to be seeing an era in which local lawyers are to the courts what the ARVN was to the Vietnam War circa 1967 or so.

Okay, so what's the point here.

Well, the law school, I've recently learned, has incorporated a new MBA/JD program.  That probably makes some sense given the direction that the law in the state is headed and it might explain the tone of the dean's "look,. . . heh. . heh, you can also do this. . . "  It's sort of like going into the used car dealers to buy a ten year old 1 ton diesel and then being shown a 1976 Toyota 4x4 "look. . .  you can also take it fishing in the high country. . . "

Of course, no law school dean can come out with an article and say; "Jeepers. . . we really screwed the pooch for y'all here, but we're going what we can now. . . no use crying over spilt milk. . . ".

That'd take guts.

So maybe that explains what he's saying.

Of course, Chesterton would say that you can indeed go back.


We're probably not going to, however, as we're Americans and we believe the entire world, including all of history, is linear.

Too bad.

Be that as it may some level of honesty is really required here. And that honesty would say these things:

  • If you want to practice law, you need a JD.
  • Our JD here locally is relatively cheap, compared to others, and if you are going to practice locally, it's a really good buy.
  • Locally means our state and the neighboring ones.  If you are looking to bust into the Really Huge City, you better go pick one up somewhere else.
  • And locally means local practice, which is going to mean business, probate, contracts, real estate divorces and some criminal work on both sides.  If you are hoping to get rich, well you should have been born a Baby Boomer and entered the field in the 1970s, you sot.
And honest law school dean would also say:
  • Being a lawyer is really hard work and it doesn't pay whatever you think it does.
  • You'll give up a lot to be a lawyer, including a lot of family life and personal time, and a lot of what defined your character before you became one. It'll permanently alter whomever you are.
To expand that out a bit, however, if universities were more honest, they'd also say that if you are majoring in the Liberal Arts, you are going to be confronted with the British Addition.  And you should know that.  So people majoring at the state university in most of the Liberal Arts should be asked, fairly early on, "so what do you intend to do with this degree?"** Beyond that, they ought to be honestly told what they can do with such a degree, which isn't much except to go on to an occupation where no degree should really be necessary or on to grad school with the hope of teaching, or on to law school with the hope (presumably) of practicing law, or into the military, if slots and their own qualifications allow for it.

It's not 1966 anymore.

None of which says that its a bad idea to be a lawyer.

And indeed, most Liberal Arts degrees (but not all) are ideally suited for the pursuit of law.  Much more than my undergraduate degree by a long measure, I suspect, although I've met quite a few people who had engineering and science degrees who became lawyers.  I've even met a fellow who held a MD who became a lawyer (who went back to being a surgeon).  

But there has to be something to being honest and not a purveyor of propaganda.  Practicing law is interesting.  It's varied.  For a polymath, it offers a lot that keeps a person interested.  It's also hard, and its not like rolling in piles of cash every day.  Indeed, the cash element of it is one of the things that's seriously tainted American law.

And beyond that, if you have a Liberal Arts degree, it's one of the few professions you can really enter.  You might have started off to study the history of British Empire in Africa, and might retain a lasting love of the topic, but making a living at that might very well prove to be impossible.

It's a shame that the law school, assuming the widely  held beliefs about it are true, has made being a local lawyer a harder thing to make a living at.
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*If this is true, and it may be, it could be argued to be evidence of a massive societal defect.  Or maybe not.  Rather than the Gunslinger analogy the better one might be Seinfeld's analogy that lawyers are like the kids who actually know the rules to Monopoly, whom everyone has to consult while playing the game.

**One of the all time great movie scenes involving this is in A River Runs Trough It.  In that scene the young graduate Norman Maclean is called into his father's study after the son has graduated with a Bachelors in English from a university in the East.  When he does this, the father, a Presbyterian minister, asks his son his intentions, noting his career options, which included the law and the clergy.

He ends up becoming a professor at the University of Chicago.

There's a lot, at least for a contemporary Westerner, in all of that.  Both sons are well educated, one from an East Coast university and one from the University of Montana.  The son going to the local university manages to get a journalism job with his degree in English.  Today maybe a person could get a journalism job with such a degree, or more likely with a journalism degree, but such jobs pay extremely poorly as a rule and the modern landscape for newspapers isn't very promising.  In contrast, the career options the elder Maclean brother faced are pretty much dead on for what they would be today.  Teaching, the clergy, or the law.  In picking up teaching as the option, he finds himself relocating away from his beloved Montana.

Sic transit Gloria Mundi