Showing posts with label The Practice of Law. Show all posts
Showing posts with label The Practice of Law. Show all posts

Monday, September 29, 2025

Monday, September 29, 1975. Driving 55.

Due to a failure on the part of the legislature to address the enabling act, Wyoming Attorney General Frank Mendicino opined that the 55 mph speed limit remained in effect.

Mendicino was only five years out of the UW's law school at the time.

Oops.

The Chicago Tribune abandoned its standard practice of phonetic spelling of certain common words. 

Kissinger sent a memo to President Ford.

September 29, 1975

MEMORANDUM FOR: THE PRESIDENT

FROM: HENRY A. KISSINGER

SUBJECT: Information Items

CIA Summary: Vietnam After the Fall: Nearly five months after the fall of Saigon, South Vietnam remains under a form of martial law in which North Vietnamese military personalities make all day-to-day political, administrative, and economic directives. The primary authority, however, appears to be Pham Hung, fourth-ranking member of the North Vietnamese Politburo, who is in charge of party and military affairs in the South. The South Vietnamese Provisional Revolutionary Government, which ostensibly serves as a national government, has no meaningful authority over either Pham Hung or the military management committee. Immediately after the take-over, the communists moved to offset the lack of capable and trustworthy administrators by importing large numbers of officials from the North. Many of these appear to have been former southerners who had come north at the time of the 1954 Geneva accords.

Communist policies to date have been aimed primarily at restoring order and the economy. The communists early adopted a relatively conciliatory approach in order to mobilize support. But given the long and bitter nature of the conflict and the abundance of firearms in the country, they are now admitting to opposition from a variety of sources, including former government soldiers, religious sects, and ethnic minorities in the highlands. The continued presence of 18 of the 20 North Vietnamese divisions in the south attests to the fact that security remains a problem. The economy is probably far more worrisome. The communists admit that it is still in bad shape. Low production and high unemployment have reduced the level of living throughout the country. Considerable help from Hanoi’s foreign allies will be required to get the economy on its feet. So far the communists have not attempted to make fundamental or sweeping changes in the South’s economic structure and they are depending heavily on private enterprises to revive the economy.

Vietnamese officials, both North and South, proclaim formal reunification as their foremost objective. At the same time, they make it clear that the process will be gradual, following progress in developing an acceptable communist administrative structure and in restoring order and economic stability. Although the communists are maintaining the fiction of an independent South Vietnamese state, there is no question that Vietnam is now one country with one policy.

Casey Stengel died at age 85.

Last edition:

Friday, September 26, 1975. Petroleum and The Rocky Horror Picture Show.

Monday, September 22, 2025

Courthouses of the West: A Broken Profession

Courthouses of the West: A Broken Profession

A Broken Profession

This is a follow-up to something I posted here just the other day, taking the blog away from its comfortable place of depicting courthouses, into the nature of the contemporary practice.

Courthouses of the West: Things in the air. Some observations with varying ...: This blog is supposed to be dedicated to architecture, basically, although matters pertaining to the law do show up here.  Very rarely is th...

Here, I'm doing it again.

The CLEs above were on my mind to such an extent, and indeed they still are, that I've discussed them with several other lawyers I know.  Turns out some of them are on meds for anxiety.  I would never have guessed it.

There's something about this that really disturbs me,. although I don't fault them any one of them a darned bit.  Some of them seem to love their careers and are really good at what they do.  What bothers me, however, is that we seem to have developed a profession that has to heavily rely upon chemicals just to get by.

Just going back to the earliest of human mind altering chemicals, it's reported that between 21-36% of lawyers engage in problem drinking at hazardous, harmful, or potentially alcohol-dependent levels.  That's pretty disturbing, as that's between 1/5th up to a little over 1/3d of all practicing lawyers.  Some studies suggest that 36% of Minnesota's lawyers and judges drink at a dangerous level, and if that's not disturbing enough, some studies suggest that 41% of Canadian lawyers do.  Around 10% of lawyers have a drug abuse problem, but that probably includes a lot of them who have an alcohol problem.

Not good.

There's really no way to know how many lawyers are on anti anxiety medications.  Probably a bunch.  It's obviously much, much, better that people dealing with anxiety inducing situations seek medical help than crack open a bottle of Henry McKenna and poor yourself several shots.*  It's also better than smoking a joint or whatever else people are doing in the illegal drug categories, although obviously these days marijuana is sort of in a weird still illegal but not enforced much category.**

The laws approach to all of this has been to reach out to lawyers and offer "help".  But perhaps what should be obvious, but doesn't seem to be, is the profession itself needs the help.  If this percentage of its professionals, including its best and brightest, need chemical help just to get by each day, there's something existentially wrong in the profession.  All the CLE's on mindfulness in the world aren't going to fix that.

Footnotes:

*Henry McKenna is an Irish Whiskey named after lawyer and distiller, Henry McKenna.

**Marijuana is still a scheduled illegal drug in Federal law and students imbibing in it can risk admission to their State bars.  Likewise this can be true for people seeking a career in law enforcement.

Thursday, September 18, 2025

Things in the air. Some observations with varying degrees of introspection.

Cheerfulness strengthens the heart and makes us persevere in a good life. Therefore the servant of God ought always to be in good spirits.

St. Philip Neri.

I've recently had the opportunity, or rather no choice, but to observe some interesting personalities at work.

The first one I'll note I've known for a very long time, and over time I've watched this person sort of crawl into themselves.  

They're mad.

I'm not really sure at what.  But I'll make an observation below that may explain it.

This person had a really rough early life, but it picked up considerable in the person's teens.  Still, coming from a "blended" family, this person sort of got the short end of the stick on a major family deal, and was quietly resentful about it.

Now the non blood "step" is seeking to address it.  The person is middle aged, and the other person is in early old age, as am I.  The middle aged person is now outright refusing to accept the fix.

What the crap?

"They could have done that years ago. . .".

Dumbest excuse for being a difficult pain in the ass ever.

Same person has something much like this shorter term.  

I've also had the occasion to observe a really angry person.  The really angry person is obviously pretty intelligent, but also obviously very uneducated.  It's a bad combination.

A lot of fairly intelligent, but uneducated, people like to use words that they don't know the meaning of, so they use them incorrectly.  This person does that repeatedly.  If you know what the words actually mean, it's really very sad.

It's also a bit sad to see how this works when the bloom is off the rose of righteous, if misguided, indignation.  When lots of people have their pitchforks out, a person in this situation is sort of a leader.  But real people, with family, jobs, children, move on.  They have to.  New things develop, olds things go by the wayside.  

Watching somebody getting into a one sided yelling match while everyone else is just bored is sad, in an odd sort of way.  You can tell they know that themselves.  The spotlight moved on.

There's a lot of Twitter Twits raging about how pastors didn't preach on Charlie Kirk last week. As I've said before, why would they?  And if they did, in a truly Christian fashion, what would they have said.

Mind you, I'm a Catholic, not a member of a do it yourself protestant church that is heavily invested in the American Civil Religion.

Truth be known, Americans always have been.

If you did preach on Kirk, the preaching probably would be awkward for all.  You could simply make it:

We see today the horror of the Western world's perversion of our God given natures, and how that warps the mind and leaves it prey to evils of all kind.  Let us keep that in mind in our society, as we address such lies as transgenderism.

But that's only one such ill that warps our nature.  How did we get there?  Allowing for mass societal infanticide, which Kirk complained about?  Yes.  But also making our reproductive organs chemical cesspools designed to destroy nature from the onset, and ignoring the injunction against divorce, warping marriage into a  big party for "fulfillment"  Those of you in the pews contracepting, or living with third or fourth "spouses", you are as much to blame for the death as transgenderism is.

So too those who now identify their religion with any political party.  Our  home is in the next world, not this one, and the Republican Party or Democratic Party are not an apostolic synod.  If you are finding your politicians to be saints, you need to sit alone and pray for yourself.

Bear in mind also that our time will come like a thief in the night.   We cannot rely on a future to repent, as we may not have that future.  The sins we commit for any reason, including with our words, may find themselves still on our souls.  Let us resolve to be right with God today.

Probably everyone would be mad

Which gets me to this.

Charlie Kirk, I'll fully accept, was Christian.  He said some very Christian things, and some very non Christian things.  He was a provocateur, and that's a dangerous thing for a person's soul.

As for the other two people mentioned here, I don't know about one, but I do know about the other, that being the first one.  That person is a Christian but more or less a lazy American sort of Christian. They believe in God, have a grasp of Christ, and figure if you don't steal or shoot people, you are probably good with God and they don't want to know much more than that.

That describes most Americans, quite frankly.

That hasn't always been the case, however.

Those Christians who are all upset about Kirk not being mentioned from the pulpit are too heavily invested in the American Civil Religion.  When the next world arrives for them, and it will soon, and they're not recognized, saying "I left my church as there was no preaching about Kirk" won't make up for not feeding the poor, letting people die in droves in Gaza, and the like.  Presenting your "I'm a real read blooded (white) American card" isn't going to get you a free pass.

And, additionally, the pastors whom they want to preach on Kirk probably ought to instead preach instead on greed, divorce, shacking up, and other stuff that the American Civil Religion is pretty okay with.

And, also, here's something else.

I saw a Twitter Twit who was outraged as a transgendered person murdered his parents in Utah awhile back, and the news, he thought, had not paid any attention to it.

Well, I'm sure they did in Utah, but that's not a national news story.  Part of our contemporary problems in this country are that we treat local stories as if they're of global importance, while ignoring global stories because they don't pertain to us.

Christians, mostly Catholics, are being murdered in droves in Africa. That is important. Why don't we hear about that?

Well, they're black, African, and Catholic.  Ho hum. . . 

But there's more to this, Outraged Twitter Twits.  Charlie Kirk was murdered last week.  Most Americans no longer care one bit.

That may be uncomfortable for those who are a member of the populist Sturmabteilung, but it's the truth.  Charlie Kirk isn't going to become their Horst Wessel as most Americans just don't care.  They're desensitized to killing, which is actually at a record low in any event, and by now most average Americans are sick of the right and the left and worried about groceries, while starting to watch the national opiate, football.  Sydney Sweeney's cleavage falling out of her jeans jacket will have longer legs than this.

We aren't going to have a civil war. There's not going to be a lot more violence.  And they'll be disappointed.

Speaking of crawling into one's self (you'll have to go back up to the top for the reference), I've seen that happening to somebody I know, whose husband I know better.

And frankly I sort of see this in a fair amount with younger Boomer and older Gen X women . . . women who bought the lie that careers will make them happy.

Frequently it plays out with the same script.  Well educated middle class women of this vintage married well educated men.  The men of the same generation were still part of the "you need to get a good job to support your family" culture, as we've seen before, but the women were part of the "a career will make you happy".  What seems to have happened to a lot of them is that work didn't make them happy, no surprise, and at some point many, but not all, dropped out of it.

Kids grew up and moved on, if they had kids at all.  Now they're getting to what would normally be retirement years and they feel cheated and lost.

The story for a lot of men isn't much different.  I see it with professional men all the time.  Earlier this week a lawyer in his 70s told me gleefully how he loves his job.  Oh horseshit.  There's just nothing left.  The thing is, however, for women who bought off on this, there's really nothing left.  Quite a few of them, however, are in pretty good economic situations due to a husband that worked for decades to support everyone, and who has kept on.

Anyhow, in this case, the spouse, probably of over 30 years, packed up and left basically with no warning.

She'd been seeing a counsellor, a profession that does so much damage to people it isn't funny. The counsellor had told her to work on herself, which is pretty close to instructing somebody to be a narcissist.  She moved out, moved away, and is camping with her adult daughters.  They're getting a "grey divorce".  

The husband, whom in my view should have retired some years ago.  There's some fault there.  A lot of times when I see some old male lawyer keeping on keeping on, I really wonder what his relationship is at home.

All in all, I suspect, he worked too much, she got lonely, and wondered why life hadn't turned out like Cosmopolitan promised it was supposed to.  

Well, it was never going to.

I'd also note that he was raised Catholic, while she was not, but he fits into the Catholic satellite category. That is, the lessons of the faith were just too inconvenient for him to apply.  He, and his siblings, remain cultural Catholics, basically, but not practicing ones.  It clearly tortures him as he knows better.  Probably not that much should have been expected out of her, however, as she was never Catholic.

And so you have a couple living the 1970s version of the American Dream, which turns out to be a pretty shallow dream at that.  Same with the folks mentioned above.

And the shallowness of that dream explains a lot about post Boomer generations abandoning it and returning to more foundational existential beliefs.

The State bar convention is going on.  I never go it in person.  I don't have the time, and I'm such an introvert that I don't want to go to the dinners and the like just on the random chance one of my lawyer friends might be there, but now you can attend some of it electronically.  I did that yesterday as I needed the CLE credits. 

I wish I hadn't.

The first CLE I attended I picked up as I needed the ethics credit.  It was an hour of "mindfulness" which is usually a bunch of bullshit suggestions on how to deal with stress that you really can't implement in the real world.  That's what it turned out to be, in part, but it descended into "this job really sucks" for an hour.  All of the panelists, including a judge and a justice, had to have counselling at some point in their careers for work stress.

I hope some students were in the audience to see that.  If even Wyoming Supreme Court justices say the practice is so bad they need psychological help to endure it, well that's pretty bad.

The last CLE of the day was the legislative panel.  Usually I think of that as being new laws that are coming down the pipeline, which it partially was, but the first part started off as a plea from a lawyer/legislator for lawyers to run for office, noting how in Wyoming that's declined enormously.  That turned into an outright dumping on the Wyoming Freedom Caucus, which needs to be dumped on.  The last part of that session, however, dealt with the ongoing massive decline in civil practitioners putting in for judgeships.  They just aren't doing it.  They were urged to do it.

As noted, I wasn't there to ask a question, but if I had been, I'd have asked why should they, when Governor's have agendas and the current Governor is only really interested in appointing prosecutors.  It's extremely obvious.  The one before that would almost always pick a woman, if possible, and was very open about that.  If you are a male civil practitioner, just forget it.

Justice Kautz, who is now the current AG, noted how being a judge, and particularly a justice, was a great job for a law nerd.  The last panelist, a current Fed defender who was a private lawyer with a very wide practice, noted how he had put in many times and urged people to do so, even though it was disappointing if you did not make it.

It's disappointing for sure.

For me, hearing Justice Kautz talk was outright heartbreaking, as what he expressed made up the very reasons I wanted to be a judge and replied repeatedly, with no success.  I never even got an interview, even though at one point I was being urged by judges and members of the judicial nominating committee to apply.  I'm frankly bitter about it even while knowing that I should not be.  It's hard not to come to the conclusion that the system has become a bit of a fraud, frankly, particularly now that the committee has been rounded out to include non lawyers in it.  I've felt for some time that the Governor's office had an influence on who was picked, even though I have no inside knowledge on that sort of thing.  It's just a feeling, and not a good one.  When judges are picked which leave almost all the practitioners wondering what happened, it's not a good thing.

It leads to me listening to everything Justice Kautz said about the reasons he wanted to be a judge, and myself realizing I once felt those things, but I no longer do.

Back on the stress part of this, a lawyer I've known for a long time, but who is quite a bit younger than me, recently took a really neat vacation.  He came back to the office and announced he's leaving the law.  I was so surprised I called him.  He revealed that being on vacation had taught him he didn't have to live a miserable life.

Monday, September 15, 2025

Courthouses of the West: Suit Up.

Courthouses of the West: Suit Up.

Suit Up.

Dear Members of the Wyoming State Bar, 

Suit Up is a student-led organization at the University of Wyoming College of Law that provides students with access to professional clothing and helps reduce financial barriers to academic and career opportunities. 

With the State Bar Conference in Laramie this week, we invite you to support our mission by making a monetary contribution. We welcome donations of gently used professional clothing. Our Career Services Director, Kristin Lanouette would be happy to collect donations on Wednesday, September 17, at the College of Law Welcome Reception. Your support will directly help students participate in networking and career events with confidence. 

Thank you for considering a donation and supporting the next generation of young lawyers.

For any monetary donations we kindly take cash, checks, or Venmo @junuenth (last four digits are: 2933).

Additionally, for any questions, please feel free to email our President – Junuenth Daniels jmorale5@uwyo.edu.  

Sincerely,

Suit Up Leadership Team

University of Wyoming College of Law


I should really do this.  

Global Bulking has mysteriously caused some of my old suits to no longer fit.  I'm sure it's not anthrocentric. . . 

Anyhow. . 

Sunday, August 17, 2025

Roads not taken.

I've noted here before that I'm highly introspective.  Given that, I can't help but look at the road not taken, particularly when I'm oddly reminded of it.

Brian Nesvik was just confirmed as the Trump administrations head of the U.S. Fish & Wildlife Service.

Brig Gen. Brian Nesvik.  His Class A uniform here (the horrible blue one that the Army has since ditched) shows him with a 1st Cavalry Division combat patch on his right pocket and what I think is a Combat Action Badge.

I'm not sure when most people start contemplating a career.  I sometimes hear people say the most unlikely things, such as "I always wanted to be a lawyer" or "I always wanted to be an actuary".  When I hear those things, I don't believe them unless the person is downright weird.

Existential occupations, however, are different, and I can imagine a person always wanting to occupy one of them.  I've defined existential occupations in this way:

Existential Occupations are ones that run with our DNA as a species.  Being a farmer/herdsman is almost as deep in us as being a hunter or fisherman, and it stems from the same root in our being.  It's that reason, really, that people who no longer have to go to the field and stream for protein, still do, and it's the reason that people who can buy frozen Brussels sprouts at Riddleys' still grow them on their lots.  And its the reason that people who have never been around livestock will feel, after they get a small lot, that they need a cow, a goat, or chickens.  It's in us.  That's why people don't retire from real agriculture.

It's not the only occupation of that type, we might note.  Clerics are in that category.  Storytellers and Historians are as well.  We've worshiped the Devine since our onset as a species, and we've told stories and kept our history as story the entire time.  They're all existential in nature.  Those who build certain things probably fit into that category as well, as we've always done that.  The fact that people tinker with machinery as a hobby would suggest that it's like that as well.

Indeed, if it's an occupation. . . and also a hobby, that's a good clue that its an Existential Occupation.

Being a soldier is, I think, an existential occupation, but only for men.  I'm not sure what to say about being a policeman of any kind, but I think that's likely the case for that occupation as well.

Growing up as a boy, one of the occupations I really wanted to do was to be a soldier.  It wasn't the only one I contemplated.  As noted here, I've always been really strongly attracted to agriculture.  Most days find me at my office practicing law, but that was never a childhood dream and it didn't occur to me at all until I was in college.  Law is the great middle class reserve occupation, truth be known.

At some point I began to struggle with my childhood desire to be a soldier.  It'd take me away from the state, which I didn't like the idea of.  I knew then, when I was more realistic about life choices than I am now, that I really couldn't hope for a career in agriculture, which is what I'd have done if I could have.  And the days of Wolfers and other professional hunters were long over, of course.  So around about that time, probably 13, 14 or 15 years old, I started thinking about becoming a Wyoming Game Warden.

I didn't give up the soldiering idea right away.  But it occured to me that I could become a National Guardsman, and stay here in the state.  So I hit upon the idea of going to university, then doing a hit in the Army as an officer, and then coming back out and becoming a Game Warden while staying in the National Guard.  This idea was so formulated in my mind at the time that I imagined myself entering the Air Cavalry, which at the time was a really cool branch of the Army, and the serving with the Army National Guard Air Cav Scout Troop in Cheyenne.

I was still on this track when as a junior in high school my father and I spoke about my career plans.  By "spoke" I mean a conversation that probably had three or four sentences in it.  My father wasn't big on career advice for reasons I understand now, but didn't really grasp then.  My mother was much more likely to voice an opinion about education and what I should do than my father, but I tended to flat out ignore my mother, particularly as her mental status declined with illness.  She'd have had me enter one of the hard sciences, which I in fact did (I guess I listened to her some) and go to a school like Notre Dame.

Anyhow, I told my father that I was going to study wildlife management.  He only mentioned that "there are a lot of guys around here with wildlife management degrees that can't find jobs". That was enough to deter me from pursuing that degree right then and there, so rare was his advice in this area.

As it happened, I pursued another field of science but I did join the National Guard, doing so right out of high school as soon as I turned 18 years old.  One of the reasons I did that was that I also was contemplating being a writer, and I thought I'd probably write on history topics. As a lot of history involves armed conflict, being in the Army in some fashion seemed like a good thing to do in order to understand the background.

I was right.

Indeed, joining the Guard was the last really smart career decision I made.  I'm clearly not very good at career decisions.

To play the story out, I was a geology major.  I graduated with a degree in geology, and couldn't find work as the oilfield and coal industries collapsed (sound familiar, Wyoming?).  While at Casper College law was suggested to me by a history professor (I have so many credits in history that I coudl have picked up a BA in it with little effort) and it seemed like a good idea as I didn't know any lawyers and had no idea what they did.

Lots of people become lawyers that way.  Indeed, I know one other lawyer who became one due to the exact same advice from the exact same fellow.

But even at that, when I knew that I wasn't going to get a job as a geologist, I entertained picking up a BS in wildlife management. By that point, my father was supporting me in the goal.  Evan so, his advance five years prior stuck with me, and I didn't do it.  I ended up going to law school, and I ended up letting myself ETS out of the Guard, as I thought, in error, that law school is hard.

Law school, as an aside, isn't hard. Any idiot can graduate with a JD and pass the bar.  And while I only have experience with one law school, I dare say that this is true of any law school  Harvard JD? So fucking what?

Still, the idea resurfaced one more time.  A friend of mine and I went down to the Game Warden exam and I was offered a temporary summer job, the usual introductory way into the Wyoming Game and Fish Department at the time.  At that time, usually those who picked up summer work did it for a few years before being offered a full time job.  My wife and I had just gotten engaged, so I ended up declining the job.

Yes, I'm an idiot.

Well, not really.  But as noted, I'm not good at career decisions.

Brian Nesvik is a Casper native.  He  decided to become a Game Warden when he was fourteen years old and met a game warden on his first big game hunting trip as a licensed hunter.

He's 55 years of age now.  He's a graduate of the University of Wyoming where he received a bachelor's degree.  He was a member of the Wyoming Army National Guard from 1986 to 2021 and rose to the rank of Brigadier General.  Sources say he graduated high school from Cheyenne East in 1988, but I can't make that make sense.  I can accept it was 1987 and he was definitely in the Guard in 1986, the year I got out.  He's a 1994 graduate of the University of Wyoming, which would suggest that he did something else for awhile as even with the late 1988 date, that would have been six years after graduating high school.  I somewhat wonder if he had military service prior to going to university, but I don't know that.  He wears a 1st Cavalry Division DI as a combat patch, as noted, which is interesting.

His career as a game warden was very notable, and he became the state's chief game warden, the pinnacle of the game warden chain of command.  His military career is also impressive, noting the following:

Apr 18 Dec 21 Assistant Adjutant General, Cheyenne, WY

Jan 16 Mar 18 J3/7, Joint Fore Headquarters, Cheyenne, Wyoming

Sep 15 Jan 16 G1, Joint Force Headquarters, Cheyenne, Wyoming

Feb 15 Sep 15 Chief Facilities Maintenance Officer, Joint Force Headquarters, Cheyenne, Wyoming

Jun 10 Feb 15 Commander, 115th Fires Brigade

Apr 09 Jun 10 Commander, 2nd Battalion, 300th Field Artillery, Camp Virginia, Kuwait

May 07 Apr 09 Commander, 2nd Battalion, 300th Field Artillery, Sheridan, Wyoming

Oct 06 May 07 S-3, Headquarters, 115th Field Artillery Brigade, Cheyenne, Wyoming

Oct 05 Oct 06 Operations Officer, Headquarters, 115th Field Artillery Brigade, Cheyenne, Wyoming

Feb 04 Oct 05 Commander, 2nd Battalion, 300th Field Artillery (FWD), Baghdad, Iraq

Oct 03 Feb 04 Executive Officer, Headquarters, 2nd Battalion, 300th Field Artillery, Sheridan, Wyoming

Jul 02 Oct 03 S-3, Headquarters, 2nd Battalion, 300th Field Artillery, Sheridan, Wyoming

Aug 01 Jul 02 S-4, Headquarters, 2nd Battalion, 300th Field Artillery, Sheridan, Wyoming

Jun 00 Aug 01 Operations Officer, Headquarters, 2nd Battalion, 300th Field Artillery, Sheridan, Wyoming

Oct 97 Jun 00 Commander, Battery C, 2nd Battalion, 300th Field Artillery, Worland, Wyoming

Jul 97 Oct 97 Fire Direction Officer, Headquarters, 2nd Battalion, 300th Field Artillery, Sheridan, Wyoming

Oct 96 Jul 97 Platoon Leader, Battery A, 2nd Battalion, 300th Field Artillery, Gillette, Wyoming

Jul 94 Oct 96 Executive Officer, Battery A, 3rd Battalion, 49th Field Artillery, Lander, Wyoming

Jul 93 Jul 94 Fire Support Officer, Headquarters Battery, 3rd Battalion, 49th Field Artillery, Laramie, Wyoming

Jul 90 Jul 93 Fire Direction Officer, Battery A, 3rd Battalion, 49th Field Artillery, Lander, Wyoming

Dec 86 Jul 90 Flight Operations Specialist, 920th Medical Company (Air Ambulance), Cheyenne, Wyoming

His time in the National Guard and my own would have overlapped, but only barely.  My Guard service concluded in August, 1986, 39 years ago this month.

Shoot, by this time in 1986, I was probably just about to do my last Guard drill.

I wonder if Nesvik went to Korea with us?

Anyhow, it's interesting how something you thought of doing yourself, worked out for somebody else.

Indeed, frankly, I've known several for whom it did. Was I wrong in my analysis, way back when?

Well, maybe.  I was an indifferent high school student and sort of figured I would be as a college student too, which turned out not to be the case at all.  Externally, I look like a real success.

But then, we always have the backdoor view of ourselves, don't we?
 

This is an interesting article:

Catholic Parents: Free the Hearts of Your Daughters

The author of it, Leila Miller, had to know that she was really swimming against the tide with this one.

Indeed, I'm reluctant to even post on this, as there are a lot of pronatalist nutjobs out there right now that immediately latch on to such things.  But, here goes anyone.

Almost every Sunday I go to Mass at the same Catholic Church.  The celebrant there is an absolutely excellent homilist.  Probably most Priests give homilies that are good from time to time, but his are consistently great, which is rare in the extreme.  So much so, really, that I'd put him alone in this particular class in regard to those which I've personally experienced.

He's very orthodox, which doesn't keep a wide number of parishioners to attending his Masses.  In fact, for the first time last week, I could barely find a place to sit. I was attending with my daughter, who is about to go back to grad school.

Lots of weeks this parish features a fair number of young women wearing mantillas.  Not every week, however.  It's interesting . Some weeks they're all missing.  I don't know for sure, but I suspect that those are the weeks the Byzantine Catholic Church has Divine Liturgy in town.  The Byzantine Catholic service is conservative by default.

These are not the only young women there.  There are quite a few, but most dress like young women in this region do, if a little nicer.  My daughter, for instance, would never consider wearing a mantilla.  I know a few of  them, but only a few. There's the recently married nurse, whom I've known for a long time.  There's the young lawyer and her family.  And there's the girl working in the sporting goods shop.

The latter is particularly interesting as she just graduated high school about a year ago.  She's been working there for about a year as well.  Her concerned grandmother told me that she's been hoping that she goes to college and that she's very smart.  Apparently, she has no desire to do so.

Most of the young women I know, and I know them only barely, are either newly minted lawyers or friends of my daughter.  My daughter, as noted, is in grad school. Some of those young women are as well. Some have graduated from school already and are in the early stages of careers of one kind or another.  Because we live on the shores of jello belt, a few are Mormons, who are already married (Mormons tend to marry young) and have children.

There are a lot of misperceptions about Catholics, including Catholics and marriage.  Catholics do not, and never have, tended to marry young.  The opposite is actually the case.  My parents were in their late 20s and early 30s when then married.  My mother's parents were about the same.  I think my father's parents were in their early 20s, which isn't up there, but it's not as if its a teenage wedding either.    Anyhow, most Catholic women fit in to the general demographics for American women in general on these topics, although not strictly so.  The mantilla women are outliers.

What do they all hope for?

That's hard, if not impossible, to say. Each person's hopes and dreams are personal to them. . . but. . . well, within the confines of the nature of our species.

So perhaps they're more determinabel than we might think.

Non existential careers, which are most careers, are not really something that makes anyone fulfilled.  For that matter, they don't really make anyone actually happy.  But people are sold in the idea that they do.  Indeed, the way that comes in up in the subversive movie Office Space so frequently is what makes the movie actually profound:
Peter, most people don't like their jobs. But you go out there and you find something that makes you happy.
Joanna, in Office Space.

What feminist who yearned for careerism failed to grasp is that men didn't really want it either.  It was foisted upon them.

One of the things about the existential occupations is that they all existed when we were in our aboriginal state, t hat state not really being grasped by a lot of people.  People like to look back and think that we were "cave men" at that point, but that was never actually true for our species.  For most of our time here on Earth we lived as hunter/gatherer/farmers.  Interestingly, the farming aspect of this, which was t hought to have been a revolutionary development, was with us when we were still hunting and gathering, which should have been obvious as modern hunter/gatherers tend to also farm.  Those occupations have stuck with us in one form or another all along.

What also was with us was our basic natures.  No matter how you conceive of our species coming about, we've always paired up, male and female, and we've always had children.  Everything, in fact, centered around that.  While we imagine ourselves to be very complex, we really aren't.  That remains our basic natures and for most of us, defines, if you will, what we really want.  The existential occupations served that purpose.

Things began to become unhinged from that as we developed more complex societies, as once we do, something always goes amis.  Greed has a lot to do with it. Somebody will get into a position where he, and its usually a he, wants more of everything, food, resources, women, than anyone else.  Wealth always corrupts.

Still, even with more and more advanced societies over the centuries, it wasn't really until the Industrial Revolution that the basic nature of life started to be wrecked.  We should not idealize pre Industrial Revolution societies, which had plenty that were wrong with them, but something that wasn't wrong with them is that men and women tended to work close to the land, and close to each other.  A 17th Century English farmer, for example, might not be farming a farm he owned, or tending sheep that were his, but he was working close to nature and probably normally saw his family throughout the day.

The Industrial Revolution changed all of that.

Industrial capital needed labor and it took male labor, at first, out of the village and into the factories.  It's not that simple, of course, but the reasons that it was mostly male is.  Originally most industrial jobs required a fair amount of physical strength and endurance, which men have more of.  Where this was not true, it might be recalled, children and women were in fact employed, although that always meant, at first that they were poor.  

And, additionally, two other things were at play, one of which we've already touched on.

The first one is that biology worked against the conscription of women into the workforce at first.  There was noone to take care of children other than women and almost always those women taking care of the children were the children's mothers, for host of additional biological reasons.  The second one was that domestic life required female employment in the home.  There were exceptions to all of this, of course, but they were exceptions proving the rule.

None of this, however, goes against industrial employment being unnatural in and of itself.  Men whose fathers had come and gone throughout the day now left for industrial employment early in the morning and came back at night.  They didn't see their families throughout the day, and indeed, as time went on, teh gruelling nature of industrial work created a sort of mateship amongst blue collar workers that previously had really only been seen amongst servicemen.  When that occurred, it came to often be the case that when they got off work after a long day, the first thing they did was to hit a blue collar tavern, and then come home.   One lawyer's site on the net notes how the author's father worked a schedule like this, hit a blue collar bar every night, and cheated on his wife with the women found there, who would largely have been working there.

White collar and professional employment followed the pattern.  

If you look, for instance, at the practice of law prior to industrialization, lawyers usually worked out of their houses. Doctors did as well.  Indeed, almost anyone who "ran a business" outside of farming did.  John Adams, for instance, practiced out of the same farmhouse that he farmed from.  Once again, this meant that people were not really separated from their families much.

This even shows with some of the occupations that we regard as the wildest, or perhaps the freest.  Trappers in the American West, for instance, were married into native families at a high rate and took their spouses with them.  Career soldiers who made it to the upper NCO ranks, or who were officers, tended to bring their families to frontier posts with them.  

But as industrialization developed, the workplace industrialized.  Lawyers moved out of offices and into firms that moved into houses used only for that purpose, and then into downtown office buildings.  Doctors moved out of their houses into a professional building.  Every male began to leave early in the morning, and come home at night.

None of that was natural on a day to day basis.

The introduction of domestic machinery made much of the formerly necessary female labor surplus. AS that happened, they too began to be available for out of the home employment.  Between World War ONe and World War Two domestic machinery was revolutionized, but its introduction was retarded by the Great Depression, and then World War Two.  After the war, the new domestic machinery flooded the markets and female labor was released from the home at an enormous rate.

The only thing that kept a greater expansion of female labor in the workplace, and by this we mostly mean the office, heavy industry was still off bounds, was biology.  The pill took care of that.

The results were nearly inevitable, even if never expressly stated as desired.  Now that women could be free of biological reasons not to work, they soon had to work.  First generation feminists took up the cause in publications like Coso, which was basically the flipside of Playboy, with the same evolved message.  Joy and meaning was found in the (white collar) work place.  Sex was for entertainment. Your value is your work, and nothing else.  The same line of crap that men had been force fed for years wsa now force fed to young women.

Problem is, it's all a lie.

Now, don't get me wrong.  I'm not stating that women should not work.  What I'm saying, really, is that men have to.  We have no other choice in the world, and most of us will occupy jobs that are just jobs, and nothing more., even when they are well paying.  But the basic nature of our species, that cries for the home to be the focus of our existence, and in which the old occupations still cry out, is unchanging.  And for women, part for that basic nature is to be mothers. For men, part of it is to be fathers.  

Being a mother remains a more demanding role than being a father, when children are young.  When they get older, this is less the case, but the entire "let's warehouse the children" nature of modern life is existentially immoral and we know it.  We managed to come around, in a capitalist society, to the same position the early communists did, and for the exact same reason, warehousing kids means the mother must work.

Not can, but must.

And the pressure to do so remains massive.  Nobody really advocates for women in this area, as it would men the actual return to a pre pill, pre first generation feminist, world outlook.  That'd be bad for capitalism as there would be fewer workers, and worse yet, consumption would decline.

But, frankly, that's' the way it ought to be.



I've already noted it once, but I was recently at a legal event in which there was a huge number of lawyers.  One thing that was noted was how many Catholic lawyers were there, which was in fact quite a few (Catholics here, however, are a minority).  Something I observed, however, is how many older lawyers there were.

On that, there was in fact a comment, from lawyer in his early 70s (maybe very late 60s) to another in his very late 60s.  "Lawyers don't like retirement".

If that's true, it's phenomenal.

I typed most of this entry out a while ago, but after I did it, Jerry Spence passed away, and I noted it here on the blog.  I'm not sure why I even did.  I guess it's just because he was a notable Wyoming figure.  After I did it, it occured to me that I don't think I noted the passing of former Wyoming Senator Al Simpson, who was also a lawyer from a long established family of Wyoming lawyers who have played significant roles in the state's history.  I should have.  He was quite a character.

One of the reasons that I'm a bit surprised that I noted Spence's passing is that I'm not a Spence fan.  I'm not a Spence enemy either, but the extent to which a certain group of people simply worship him astounds me.  Since he died, those close to him, semi close to him, and others who simply know his name have engaged in near hagiography about him.  I actually had somebody stop me just yesterday to related how they were deposed by Spence and his crew back in the day as a defendant in a case in which he represented a plaintiff.  You could tell he was proud of that fact, and obviously thought I would be really impressed.

I'm not.

I knew of Spence way back when I was in grade school, actually, which means back into some date in the early 1970s and I just don't get it.  I guess I don't get worshipping any lawyer.

I particularly feel that way as I am a lawyer.

Daniel Webster noted that “Most good lawyers live well, work hard, and die poor.”  I think there was a huge amount of truth to that.  There's still an element of true to it, but the "live well" part is pretty questionable..  

Working hard as a lawyer brings in less money than a person supposed, usually, and at any rate, lots of lawyers. . . and lots of other professionals for that matter, spend money as quickly as they make it.  As an oddity, right now, I drive the oldest vehicles of any lawyer I know.  I don't regard them as old, but the newest one I've had for twenty years.  The point is, a lot of people just burn through cash, and at a certain point, they have to keep working.

A bigger factor is, however, that the practice of law just burns out the core of a person's personality until, in many instances, there's nothing left.  Lawyers who have left the law often joke about being a "recovering lawyer", but at a certain point, there is no recovering from it.  All forms of work, if engaged in for a long time, or indeed any human endeavor you engage in for a while, changes you permanently.  It's part of your experience, and you are hardwired to react according to your experience.

I was going to go on and say more about this, but my original draft was extremely harsh, so I took it out.


You can't go back home to your family, back home to your childhood, back home to romantic love, back home to a young man's dreams of glory and of fame, back home to exile, to escape to Europe and some foreign land, back home to lyricism, to singing just for singing's sake, back home to aestheticism, to one's youthful idea of 'the artist' and the all-sufficiency of 'art' and 'beauty' and 'love,' back home to the ivory tower, back home to places in the country, to the cottage in Bermude, away from all the strife and conflict of the world, back home to the father you have lost and have been looking for, back home to someone who can help you, save you, ease the burden for you, back home to the old forms and systems of things which once seemed everlasting but which are changing all the time--back home to the escapes of Time and Memory.
Thomas Wolfe, You Can't Go Home Again.
Tomorrow it will be 28 years to the day that I've been in the service. 28 years in peace and war. I don't suppose I've been at home more than 10 months in all that time. Still, it's been a good life. I loved India. I wouldn't have had it any other way. But there are times... when suddenly you realize you're nearer the end than the beginning. And you wonder, you ask yourself, what the sum total of your life represents. What difference your being there at any time made to anything - or if it made any difference at all, really. Particularly in comparison with other men's careers. I don't know whether that kind of thinking's very healthy, but I must admit I've had some thoughts on those lines from time to time. But tonight... tonight!

Col Nicholson in The Bridge On The River Kwai

Related threads:

Work with meaning and the meaning of work.


A conversation with an old friend. The Good Death, and the Good Life and Existential Occupations.

Thursday, August 14, 2025

Courthouses of the West: LEGENDARY TRIAL LAWYER GERRY L. SPENCE DIES AT 96

Courthouses of the West: LEGENDARY TRIAL LAWYER GERRY L. SPENCE DIES AT 96: August 14, 2025                                                          Contact:          Sharon Wilkinson                               ...


LEGENDARY TRIAL LAWYER GERRY L. SPENCE DIES AT 96

August 14, 2025                                                          Contact:          Sharon Wilkinson

                                                                                                            Executive Director

                                                                                                            (307) 432-2102

 

LEGENDARY TRIAL LAWYER GERRY L. SPENCE DIES AT 96

 

MONTECITO, Calif. – Gerry L. Spence, the celebrated Wyoming trial lawyer whose buckskin jacket, folksy delivery, and unbroken string of courtroom victories made him one of America’s most renowned advocates, died yesterday at his home in Montecito, California. He was 96.

 

Over more than six decades, Spence built a record unmatched in American legal history, never losing a criminal jury trial and, after the late 1960s, never losing a civil case. Known for his fierce dedication to the underdog, he pledged never again to represent a corporation against an individual, vowing to stand with “the people who had no one else.”

 

Spence rose to national prominence through a series of landmark cases, including the $10.5 million verdict for the family of nuclear whistleblower Karen Silkwood, the successful defense of former Philippine First Lady Imelda Marcos, and the acquittal of Idaho survivalist Randy Weaver on the most serious charges stemming from the Ruby Ridge standoff. His high-profile victories also included a $52 million judgment against McDonald’s and a $26.5 million libel award for Miss Wyoming against Penthouse magazine.

 

Born January 8, 1929, in Laramie, Wyoming, Spence earned his law degree magna cum laude from the University of Wyoming College of Law in 1952. After early years as a prosecutor and insurance defense lawyer, he shifted his career toward representing individuals in cases others deemed unwinnable.

 

Beyond the courtroom, Spence founded the Trial Lawyers College in 1994 at his Thunderhead Ranch in Wyoming, training generations of attorneys in the “Spence Method” — an approach centered on authenticity, emotional connection, and moral courage. He was also a prolific author of more than a dozen books, a familiar voice on national television during major trials, and a recipient of lifetime achievement honors from the American Association for Justice and the American Trial Lawyers Hall of Fame.

 

Spence is survived by his wife of 57 years, LaNelle P. Spence; his children Kip Spence, Kerry Spence, Kent Spence, Katy Spence, Brents Hawks, and Christopher Hawks; thirteen grandchildren; and one great-grandchild.

 

As he once told a jury, summing up the creed that defined his career:

 

            “I would rather speak for the weak than be the strongest man in the room.”

Thursday, August 7, 2025

Pushing the Introvert

I've been introverted my entire life.

The way introverts experience the world is completely foreign to extroverts.  It's impossible to explain it.  It's stressful to not have extroverts grasp that.  It's also stressful to live in an extroverted society, which we do.

A lot of lawyers, although I doubt anywhere near 50%, are introverted.  That surprises people, and it may in particular surprise people that their own lawyer may be introverted.  Being introverted doesn't mean that you can't interact with people, even in a very public and effective fashion.  

Added to this is the phenomenon of "Type A" personalities, who are competitive and achieving, for lack of a better way to put it.  I have no idea if most Type A personalities are extroverts, but I'll bet they are.  It's always universally assumed that lawyers, particularly trial lawyers, are Type A personalities, and I'll bet most are, at least the trial lawyers. but not everyone is. I'm not.  I don't like competition at all and never intentionally get myself into most types of competition, at least public competition.1   Knowing that I like history and know a bunch of stuff in general, people will try to draw me into competition or even force me into ones if I'm in a setting where I can't avoid it, which I absolutely despise.  "You're on my team!" I'll hear and we're off into a game of specified trivia or something, which I don't want to be in.2   I once had this occur with somebody betting on me following a bunch of "no, no, no" comments from me, all to no avail.  

More than one I've been talking with some other lawyer or professional who will say to me "we're both Type A personalities. . . ".

No, I'm not.

So why do I bring this all up?

I recently have had some legal matters which featured a crop of older lawyers.  Lawyers older than me.  Guys who really ought to be retired.  I heard at one of these things that "lawyers who retire are unhappy".  

These guys love the association of other lawyers.

Recently it occurs to me that I've never really liked that.  I don't pal around with big bunches of lawyers.  I have some lawyers who are my friends, but I don't call up other lawyers at random to go to lunch, or things like that.  Indeed recently the abuse that lawyers do to society and individuals has come into sharp focus to me, in part I guess, as I'm close enough to the end of my career that I don't have to pretend that every legal cause is somehow ennobling.  I think lawyers who have the attitude expressed above have it, as they love hanging around with other lawyers and, as odd as it may seem, they like the forced captivity of witnesses and deponents as they love the game aspect of the law, and just like being around with people they don't know, even if those people really don't want to be around them.  I've actually seen lawyers go on yapping at somebody in a deposition for the obvious reason that they're enjoying talking to the witness, who if examined closely is in agony.

Indeed, I bet they don't even realize that's the case. 

Okay, again, why do I bring this up?

Well, first of all, I'm supposed to go to an event this week. Well, today.  It's out of town.  But I have a lot of work to do, and I can't afford the time, and beyond that, I just don't want to go.

I just don't want to.

I don't want to sit around with the lawyers all day, and I don't want to go to the dinner.  I don't want to engage in small talk about the law, or tell war stories, or anything like that. 

I shouldn't have signed up for it, but there are CLE credits, and I need those.

So yesterday, I told my long suffering spouse that I wasn't going.

Then the hard sell came on.  

"You need to go".  "You need to keep the networks".

My wife and I, at this stage of my career, have substantially different ideas about the near term future.  I've come closer to death that I generally admit within the last couple of years, and this past week two people I know who were just a few years older than me suddenly died.  A woman I went to law school with I recently learned passed away four years ago, at age 58.  I really don't expect to be like those lawyers in their 70s, keeping on as (annoying) happy warriors until they die in their late 70s or early 80s.  Why would I?

They could probably answer that, but I can't even fathom it.

But my wife is an extrovert, and she can't conceive of a situation in which a person doesn't want to go to work every day, or even retire.  And she worries about finances, which of course is her absolute right.

So, the big push.

A lot of extroverts regard introverts not wanting to do things as something needing to be addressed.  It's sort of, in their minds, like kindergarteners who don't want to go to that first day of school.  They just need a little push.

And there's a lot of truth in that.  Sometimes introverts do need a push to go to something they'll like.

Sometimes, they need to be able to be left alone, or just with their families.

I generally work six days a week, sometimes seven. I'm in the introvert category that needs to have some downtime.  And, quite frankly, to be pushed to go to something by those who can't go themselves, due to other commitments, is agony.  My first question whenever I'm invited to something is to my wife, and that question is "are you going?"  More often than not, it's "no, but you need to".

I really don't.

And she doesn't grasp that, nine times out of ten, when I go and enjoy these things, it's because she went with me, which she very rarely does anymore.  It was her company I enjoyed, not the attendance at the event.

I tend to yield on these things, and we'll see about this one.  But, for those close to introverts, or married to them, knowing that we live in an extremely extroverted and competitive society, first do no harm.

"Don't make things worse for me" is sometimes my reply, which is not appreciated at all.  

In other words, taking somebody whose brain is wired for hard on full bore activity in public, and for whom there are no casual conversations whatsoever, and pushing them into having their brain work overtime, is not always a favor.

Footnotes

1.  I will participate in some sorts of competitions, but they're mostly ones that are really individual and I'm basically competing with myself.  In terms of team sports, I really only like baseball, which is a team sport that has such individual positions.  It's almost like a series of individual competitions. The man up to bat is really an individual.

I detest football.  I find soccer boring.  I do like rugby, however.

If I'm in an individual competition, I like to do well, but I'm not upset with myself if I don't.  I will note that highly competitive people, however, can make even individual competitions absolutely miserable by introducing their personal competitiveness into it.  Some competitive people make things into competitions that don't need to be.

As an example of the latter, two of my highly competitive colleagues are this way. On the rare occasions I've been bird hunting with them, "who has the best dog" becomes some sort of stupid aggravating competition and during football and basketball seasons endless arguments about adopted teams go on and on, in a public setting, on the presumed assumption that everyone likes to watch these verbal jousts.

For that matter, they both like to argue and will engage in verbal sparring on various topics just for sport, and again where everyone else can't avoid them.  Some time ago, I actually intervened to stop their arguments on religion as they were outright insulting to two people here who are members of minoritarian religions.

Oddly, I've found that a lot of former soldiers who really liked the military have the same mindset and don't follow team sports.  I think I know the reason why, but I'll deal with it in some other thread.

2.  I've actually had "we'll play trivia" thrown out as an educement to attend something, which nearly guarantees that I'll try to avoid it.  It's not that I mind trivia topics, or trivial pursuit as a game, but I don't want to compete with people out of a close circle who don't care if I win or lose.  I really hate being made the presumed champion who will carry a team to victory as its stress I really don't need.