My friend, our profession is too full of difficulties and dangers; we lead an unhappy life and run risk of dying an unhappy death.
St. Alphonsus Maria de Liguori.
Ostensibly exploring the practice of law before the internet. Heck, before good highways for that matter.
My friend, our profession is too full of difficulties and dangers; we lead an unhappy life and run risk of dying an unhappy death.
St. Alphonsus Maria de Liguori.
O.W. Root@NecktieSalvage·People think I am exaggerating when I say 50% of people's problems, strife and anger would go away if they just started dressing well, but I'm not. Dressing in a way that makes you feel good about yourself will make you feel better about others and the world too.
This is both a revived thread, and a new one. It's one of many topics that shows up here in one way or another, including in stored drafts that I start off on, and then fail to finish.
This one started: I wrote my first entry here and put it up for posting to be run yesterday.
Then I read this on Twitter:
Atticus Finch (of Georgia)@Atticus59914029·I had an attorney I had never met show up at my office to take a deposition one day in blue jeans - blue jeans! I was insulted and lost respect for that attorney. How we dress does matter. It is a form of manners.
I agree with that comment in that how we dress, matters.
But it does show the regional nature of things, but still we should consider this carefully.
I've posted on this before, but I used to wear dark black Levi's or Lees to court on occasion, combined with a sports coat and a tie. When I did that, I'd wear cowboy boots as well. Wearing cowboy boots to court is isn't unusual here. I've seen it done a lot.
In retrospect, I haven't seen the jeans, such as I noted, with sports coat and tie all that often, but I have seen it. I very rarely do that anymore, however. Part of the reason I do not, however, is that I don't travel nearly as much as I used to, thanks to COVID 19 and its impact on travel and the law. Travel was routine, COVID came in, and hard behind COVID were Zoom and Teams.
Indeed, I've appeared in a few Teams hearing recently in which the Judge was in the same town as me. Prior to Teams and Zoom, we had a few telephonic hearings we'd do, but if we were in town, we were expected to show up.
Not anymore.
Anyhow, I've seen a lawyer wear blue jeans in court exactly once. That particular lawyer was a working stockman and was appearing in the court in the county in which he lived. Nobody said anything. He was otherwise in jacket and tie. I have seen lawyers in blue jeans in depositions plenty of times, however. Most of the time prior to COVID it was in combination with jacket and tie, but even in the couple of years before COVID this was changing.
I still wear a tie.
I had some lawyers from Texas show up a while back and they were in jeans and new cowboy boots. There's working cowboy boots (all of mine are of that type), "ropers", which aren't cowboy boots, dress boots that locals wear, and then the weird dress boots that locals don't wear, but Texans do.
I don't get that kind.
Anyhow, in order to wear cowboy boots as dress shoes, you have to know how to wear cowboy boots. Some people affect a high water appearance with their dress shoes, and frankly do so on purpose. Men's trousers are supposed to "break" over the shoes. I.e., you aren't supposed to see the socks. But for some odd reason, some Ivy League educated people wear their trousers "high water" so you can always see their socks.
"Mr. Bernstein: A fellow will remember a lot of things you wouldn't think he'd remember. You take me. One day, back in 1896, I was crossing over to Jersey on the ferry, and as we pulled out, there was another ferry pulling in, and on it there was a girl waiting to get off. A white dress she had on. She was carrying a white parasol. I only saw her for one second. She didn't see me at all, but I'll bet a month hasn't gone by since that I haven't thought of that girl."
the stream of post trial people that show up in my office the day after a trial.
People tell me that I'm good with a jury and that they react well to me. They say the same thing about the witnesses. If that's true it's because I really don't think being a lawyer means all that much. Contrary to what people think, it doesn't mean you are smart or even accomplished. What it might mean is a topic for some other post. Anyhow, being introverted doesn't mean that you can't address people or speak to them, it means something else. For one thing, it means you are really private.
I don't like reliving trials. Lawyers, it seems, like to tell "war stories", but they aren't war stories. Every trial is a tragedy of some sort. Revisiting tragedies in which I participated isn't really my thing, and lots of visitors in a single day coming back and asking "what happened in the trial?" is sort of an introverts nightmare.
Another oddity, really just mine, is that when you have a trial in town, you draw an audience from your own firm for closings. I'm not shy about public speaking, but I hate a close in audience, by which I mean an audience of your friends, family, or coworkers. It's too much like Monday Night Football and there you are, on the screen, and everyone else is in the audience judging which plays you should have made. It does draw to mind, however, T.R.'s famous "Man in the Arena" speech.
It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.
The old lawyers.
76.
What the crap?
In his photo, he looked haggard and ancient.
I was at something else not too long ago and saw another lawyer I used to run into a fair amount, who always had a youthful appearance even though I knew he was at least decade. I was shocked by his appearance.
He's now 83. He might just be practicing part time, I'd note.
I spoke to a lawyer friend of mine who is now up over 70, I think. He doesn't appear worn or drawn down, but he told me that he's afraid of retiring as he enjoys the social interaction of the lawyers. We discussed another lawyer who is a friend of his whom I figure is now in his mid 70s.
There's something deeply wrong with all of this.
This reflects, I'll note, in our society at large, of course. Our last qualified President, Joe Biden was in his 80s, and clearly suffering from mental decline, when he left office in defeat. A recent book regarding the 2024 election reports, in hte opinion of hte authors, that Biden believes he's smarkter than everyone else which formed the basis of his disaterous decision. Our current chief executive is also, in my view, suffering from dementia at an increasing rate that can't be ignored, but which is largely being ignored, even as he destroys the economy, foreign relations, and American democracy. He also seems to suffer from "only I can do it" delusion, and on at least one occasion in the 2024 campaign said as much.
Biden was a lawyer, eons ago. Trump is a real estate developer, so that's a bit off point. But there's something really pathetic about lawyers who practice past their 60s. I'm in my early 60s, I'd note. They've lost something of their soul, if not their souls in general, and have nothing left but their work.*
There's also something societally wrong with a society that allows this to occur. I'll avoid the political discussion, but mental decline is inevitable in almost everyone who lives past their 50s. People don't want to believe it, but it's absolutely true.
And beyond that, society should not encourage the elderly to occupy positions such as this past their mid 60s. It takes up space that should be filled by younger people. By that point a peson should be ready to retire, and if they're not, they're never going to be ready, economically. Talent wise, they should apply their talents and time to something else.
Read a book, train a dog, go fishing. Discovery the person you were when you started out, and the one you apparently lost.
Mehr Mensch sein.
Service.
This will be an odd one, and it'll sound difficult not to make it should like I'm being unduly critical.
We've been running a lot of posts recently about the collapse of South Vietnam in 1975. Nearly daily, as we're in the cycle in which things were becoming a disaster for the Republic of Vietnam, and a war which we entered in the early 1960s, and left in 1973, was about to be lost by the country we supported.
I note this as it's struck me for a long time how many professionals I know, including lawyers, who are of the Vietnam War generation and have no military service.
Not all, I'll note. One former Federal District Court judge here was an artillery observer in Vietnam, and a lawyer in our capital city was an artilleryman. Two state district court judges I know served in Vietnam. And a few other lawyers I know did.
But by and large, most didn't.
It's interesting in a number of ways, one being that it's likely their father's all had served in World War Two.
Now, the Second World War was a huge war, to be sure. But as a member of Generation Jones, when I was growing up, it was the case that if our fathers hadn't served in World War Two, they had in the Korean War, or on either side of it. Growing up, this was so routine you simply assumed it. I recall always being surprised if a kid I knew had a father who had never served in the Armed Forces, and this included professionals. All the doctors and dentists that my father was friends with had served in World War Two or in the Armed Forces after that. I didn't know but one lawyer then, but he'd served in the Post War Army and later on the older lawyers I knew who were of World War Two vintage had served, often quite heroically, in the war.
Baby Boom generation male lawyers? Not so much.
I don't think that's a good thing, frankly. War is awful but most American servicemen who served in the 60s nad early 70s didn't see a day of fighting. The Service is full of men who aren't like you, who didn't grow up like you, and don't have any of your per service shared experiences. That's valuable.
Lots of those guys would have been better men had they served.** Donald Trump would have been.
And American society would be. We really started dividing the country back into the haves, and have nots, but allowing so many who could afford an education to avoid serving. It helped split hte country into the mess it is now.***
"Biased, Misguided WY Judges and Lawyers."
So claimed Wyoming's Congressional delegation about a letter signed by over 100 Wyoming lawyers.
I'm not a signatory to it as, frankly, I was too busy to notice its circulation when it was going around. The letter is 100% correct, however. I know a lot of the lawyers who did sign it, and more of a few of them are actual conservatives, and a few of them were once very significant figures in the Wyoming Republican Party, including those who were elected to office.
Moreover, at least two of the three of the Congressional delegation itself are not anywhere near as populist as they now assert they are. All three of these figures would have supported this letter under different circumstances, and two out of the three undoubtedly still hold the view that the lawyers are right, but are taking their positions as they do not wish to anger Trump supporters. If the wind turns, they'll turn with it so rapidly that it will toss MAGA right off the decks.
All of which is profoundly sad. That people hold one view and then express another one publicly is no doubt common, but it's not admirable, and is far from admirable in a situation like this. It’s one of the things that’s really wrong with American politics today.
It is interesting t have even with the taking of extreme positions like this, at least one refused to publicly adopt the extreme Executive Power doctrine that’s being exercised now, while at the same time, not disavowing it. John Barrasso, when asked if the President really had the power to levy tariffs the way he is (he doesn’t) just twice said that Congress had delegated a lot of power to the President. It has. It’s not a good thing, and he wouldn’t say that it is.
It does make sitting back and letting things happen easier. The entire country is going to suffer massively due to Trump, and Wyoming is going to take a bruising. It’d be far better to stand up and say so now, and take the lumps if they come, then to excuse your conduct later.
Footnotes
*Coincidentally, I saw this in our local newspaper in an advice column.
Dear Eric: I was an attorney when I started having memory problems at age 65. I retired and subsequently learned that I had a devastating rare dementia with a very short lifespan. Instead of providing me support, my friends disappeared from my life, at the time I needed them most. Friends may rally around you when you have cancer, driving you to chemo treatments, dropping off food and other things to support you; when you have dementia, everyone just disappears.
I’ve always been a sociable person and I’m missing that so much, but I have no idea how or where to start. Any ideas?
Students navigate campus atmosphere, social changes to find connection
– Left By Friends
Dear Friends: People sometimes don’t know what to do or say when confronted with illness, but that’s no excuse for your friends’ behavior and I’m sorry. The Alzheimer’s Association (alz.org) has a wealth of resources for people with dementia, including support groups, both online and in-person. Being able to talk with others about what you’re experiencing and feeling will help with isolation.
This also might be a time for you to explore new volunteer opportunities or social groups that have nothing to do with dementia, depending on your care plan and abilities. You are a person who is worthy of connection, with a wealth of experiences and knowledge from which others can benefit. Your company would be welcomed at a senior center, a local outing group or an organization that aligns with your interests and values. If you have anxiety about navigating these spaces with dementia, or need accommodation in order to feel safe, please don’t hesitate to reach out in advance and talk to a group leader about how you can participate most comfortably.
Eric is surprised that his fellow lawyers quit associating with him.
He likely ought not to be.
I don't think it's that people don't know what to say or do. I think that people fail to appreciate that workplace social contacts are, to a very high degree, extremely casual or even business contacts, and that once the professional is not employed, at least in teh law, the value of that person to others in the law is gone.
In other words, this doesn't surprise me a bit.
**I'd note that I feel the same way about men who weren't in the service, but who worked a blue collar or agricultural job. Those employments are levelling in a way, and I've noticed that men of the same generation who were never in the Armed Forces, but worked as roughnecks or came from ranches and farms, are much more accepting generally of other people.
***And, ironically, it also started the country off on the hyper glorification of those who have been in the service.
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