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

Wednesday, January 10, 2024

Base Ten. 40 is a big round number, I guess.

40

I walked out of the courthouse with a lawyer I know, as that lawyer was in the same law school class as I was.  We're not close friends, but his circle of law school friends intersects with mine, mostly due to a common interest in the outdoors.  Other than that, I guess because our backgrounds are quite different, we never developed a close friendship.  I guess friends of friends are sort of friends, however.

Anyhow, as we were walking out at the same time, having just argued motions against each other, I asked about a partner of his that I had been told was stepping into part-time.  He laughed and noted that it was true, but they guy was busier than ever, which I'm sure he is.

At that point, he asked me, "what about you, what are your plans?", meaning not am I about to retire, but as we're law school colleagues, and therefore the same approximate age, do I have retirement on my horizon.

I begged off on the topic.  I'm very private by nature and as this recent post indicates, I've had a lot going on recently.  In the end, I stated "oh I'll probably die before I retire", which always come across as a joke, and I guess it is, but it's a half-hearted one.  Given family history on my father's side, I probably will, and probably well before 65, which basically means, could be any time.

But then actually that's true for a lot of men over 30.

Anyhow, I'm not near retirement.  My wife is a decade younger than me, I've had a year of health concerns commencing in October, 2022, and I need the insurance, and I don't want to run out of cash in retirement.  And that's not what people really mean when they bring this up. What they mean, is that once you are 60, how far out are you looking?

I dunno. .. .I'll probably die before I retire.

And even if I don't, given my nature, I'll probably keep on keeping on until I'm full retirement age, which according to the IRS is 67 for people born in 1963.  Of course, it's important to note that statistically a significant majority of men do not make it to the "full age". Women don't either.

Quite a few lawyers do, however, and beyond that.

Anyhow, he expressed that he intends to work until he's 68.  He's presently 61.  The reason is that at that point he will have been practicing law "for 40 years".  

Shoot, if I make it to 67, that'd be true of me as well.

And I can't imagine a lamer reason to work beyond full retirement age than that.  So you'll have been a working member of the bar for 40 years, so what?  Is that actually something to be proud of, and if so, why?  Or is it an achievement worth aiming for?

And what''s the magic of 40?  That its' divisible by ten?

As silly as that question is, I think that is actually it.  As we have a Base Ten numerical system, we tend to think of events that way.  Military (and much other service) retirements start when a person reaches 20 years of service, which went down at the start of World War Two from 30 years of service.  When I was a National Guardsman, the Guard issued Ten, Twenty, and Thirty years of service ribbons.The Wyoming State Bar used to confer honorifics on lawyers who had reached 30, 40 and 50 years of practice, although it doesn't seem to anymore.  I can recall being at a County Bar banquet, which we also do not have anymore, when the County Bar acknowledged some lawyers who had just reached 30, 40 and 50 years of service, the first of which I've surpassed but which seemed like a long, long time, at the time.

A good friend of mine in the law just retired at age 67, sort of.  Like a lot of retiring lawyers, indeed all the of the retiring lawyers that I've known recently, he's going to work "part-time".  This is super common in law.

I don't get it, and I don't get going for the big round number either.

Law, if you really work it, is all consuming and hard on you.  I've never seen one of the lawyers aiming for "part-time" succeed at it yet.  Litigation certainly isn't a part-time thing and the schedule is set by the Court, not by individuals, so there's no part-time to it.

Beyond that, however, how can a person become so dull that they hang on for an artificial number?

I know, I know, people will say "I love the law" and that's why they're doing it.  Well, bullshit.

Maybe they do love the law, but most lawyers in reality are in it because; 1) they're polymaths (and probably autodidacts) and it was the only thing that suited them, or 2) their undergraduate majors were a bust, and it was the only door open for a career, or 3) they were greedy and thought they could make a lot of money, or 4) they were delusional and mistook a career path that more properly involved a seminary for one that involved law school, or #5) they were the children of professionals that didn't want to become physicians, or #6) they were the children of blue collar workers whose parents held a gigantic outsized admiration for the law as they knew nothing about it.

None of that precludes a love of the law, although #1 suits it the best.  #3 and #4 are paths to utter misery.

But that's the point.

Going back to the misty dawn of time when I was a law student, and looking at my collection of friends and associated, they were an interesting group. So were my undergraduate major geology fellows, I'd note. The geology students were all major outdoorsmen and outdoorswomen.  Every single one without exception.  We didn't sit around and talk about geology, we talked about mountains and fields and wolves and hunting and hiking and fishing.*

Law school was sort of like that, but with a group of people with very divergent interests.  There were really dedicated outdoorsmen, but also people who had really pronounced intellectual interests.  Law students I was aware of hunted, fished, hiked, climbed mountains in the Himalayas, worked on cars, followed sports, and the like.

I don't recall a single one, not one, who had an interest in the law, actually.

Not one.

And that's how practitioners start out. And to some extent remain.  I'm down to a handful of genuine close friends who are lawyers, and then a little broader out than that, friends who are lawyers.  Of my close friends, one is an avid outdoors man and gearhead, one is an intellectual and a historian, and one is an autodidactic polymath.  Casting the net a little wider, I'd find outdoorsmen again.

Even today, in really thinking about it, I can't think of a single lawyer I know who is just a fanatic about legal topics. We'll discuss them, but its our line of country.  I've never once been in a group of lawyers who said, "guess what I saw, a motion for an order to show cause on an injunction that . . . " like I've heard people say, "guess what I saw, otters in the river!".

Which brings me to this.

People acquire their identify from their occupations over time.  Or maybe that's just true of some occupations.  I have heard people, well, no, men, identified as soldiers, policemen, firemen, and the like long after they retired.

I think that's why somebody is interested in being able to say "I was a lawyer for 40 years".  It seems like an accomplishment. . . if there's not much else left to be proud of, or anything else left.

Thing is, nobody really care about that.

It's quite literally, completely pointless.

There's also nothing intrinsically wrong with it, assuming that you didn't make half of that last decade leaning heavily on other lawyers, and that you were capable the entire time, but as an achievement, it isn't one.

Indeed, the much more interesting people are those who can start a conversation with "I was a lawyer for ten years, and then. . . "

At any rate, most people don't start off being some sort of AI image for their profession.  We shouldn't see, to end up like that.  Surely, a well-rounded person, from a profession of many topics, has other interests.

If they don't, they should.

Footnotes:

*The irony of geology is that so many people who are "granolas" end up being employed by industry.  Geology students were the most environmentally minded people I've ever been around, but then they end up working for extractive industries.  Among practicing geologist, I rarely meet one you'd call an environmentalist, unless they're employed in the environmental field. As the practicing geologists are drawn from the same pool as the students, it has to be their employment that impacts thier later expressed views.

Tuesday, January 2, 2024

Monday at the bar on a Tuesday: Wyoming Judicial Nominees under Governor Gordon.

This is really remarkable:

Haroldson, Jennings: A partisan doesn't belong in the Wyoming Supreme Courts: A partisan doesn't belong in the Wyoming Supreme Court

I cannot ever recall seeing legislators write an op-ed about judicial nominees in Wyoming.  But here's one. As the op-ed states:

Wyoming Supreme Court Justice Kieth Kautz, after having served three decades, will be required by law to retire in March 2024, and the Commission has already presented its three names to Governor Gordon: Stuart Healy (currently serving as District Judge in Campbell, Crook, and Weston Counties), Robert Jarosh (a Cheyenne attorney), and Tim Stubson (a Casper attorney).

We are alarmed by the selection of Mr. Stubson, not because we disagree on nearly every political issue under the sun, but because of his active participation in divisive, partisan politics. Not only does Stubson regularly engage in partisan political debates on social media (which any judicial officer knows to refrain from), Cowboy State Politics has discovered that he is currently the chairman of two active Political Action Committees: the Wyoming Caucus PAC and the Team Wyoming PAC. Serving as the head of a PAC is an inherently partisan activity, which is why PACs are heavily regulated by the Wyoming Legislature and Secretary of State’s Office.

This editorial is directed at Stubson, and this part specifically aims at him:

Partisan politics are fun. Helping out on a political campaign or two can be exhilarating, especially when your candidate for governor wins. Going on PBS News Hour to share your love for Liz Cheney is definitely an accomplishment. But these are not the kind of activities an impartial jurist participates in.

Mr. Stubson served in the legislature, and then later ran for Congress.  He was one of the three top vote getters the first year that Liz Cheney ran.  Indeed, Stubson and a Teton County candidate likely put Cheney over the top, as they split the majority of the GOP vote, leaving her the top vote getter as a result.

Since then, Stubson has left the legislature and been a regular old citizen, practicing law, as the op ed notes. But he has been vocal in regard to the tragic shift of the GOP into the populist right, as has been his wife.

His partisan activities are the only reason that those authoring the op-ed are against him.

Is that a good basis to oppose him?

Well, judge's positions are political ones, no matter what we might wish to pretend.  Judge Freudenthal, a retiring Federal District Court judge in Cheyenne, was nominated when her husband was the Governor.  Judge Buchanan, a recent pick by Governor Gordon, stepped down from his elected office as Wyoming's Secretary of State in order to aim for that position, something that was quite controversial at the time.

But a greater issue is what's going on with Wyoming judicial picks in general.

There's not a single judge that I've experienced who is currently sitting whom I think is a "bad judge".  But Governor Gordon's picks have been, in my view, lacking quite often.  Indeed, this is so much the case that it's backroom talk amongst the lawyers, and not all that long ago the judicial nominating committee's Chief Justice chair complained that the committee was no longer getting all that many applicants for judicial positions.  Be that as it may, that didn't stop the committee from picking a very young lawyer to a judicial position who had been the Chief Justice's clerk.  

Moreover, by and large, civil litigators have the doors barred to them.  Under Gordon, the picks have been largely out of the criminal law or domestic fields, thereby removing a huge field of talent.  One of the three names up this time is out of the criminal law field, but I would note that the other two are out of the civil law arena.

The prior governor, Governor Mead, who was a practicing lawyer, had a dedicated, and open, policy of addressing the gender imbalance on the bench.  Given a female option, he normally went in that direction.  His choices were good ones, but it did mean that male applicants were pretty much out of the running in many instances through no fault of their own.  But since then, things have declined.

I've liked Gordon as a Governor, except in certain instances.  This is one of them.  Recent choices have been very young and in some cases hard to justify if merit alone was the qualifier.  The applicants do go through a process, but frankly, influence from the Supreme Court and the Governor's Office weighs pretty heavily.  The entire process has declined, and now potential applicants just sit it out.

And that's not a good thing.

Thursday, November 23, 2023

Friday, November 23, 1923. Law and Radio.


President Coolidge was visited by members of Delta Theta Phi, a law fraternity.


On the same day, the Supreme Court of the Soviet Union was established.

Germany banned the Communist and Nazi parties.  A third party, the Nationalist Party, was also banned.

Gustav Stresemann lost a vote of confidence in the Reichstag and resigned as the  Chancellor of Germany.

Australian radio station 2SB went on the air, giving Australia regular radio programming for the first time.  It is still on the air as Radio Sydny.



Friday, November 17, 2023

The 2024 Wyoming Legislative Session. The Super Early Riser Edition (Part 1)


March 14, 2024

Having passed a bill to prohibit "cross over voting", which will in fact simply lock in as Republicans most of the Democrats who crossed over, to no effect, in 2022, the legislature is now pondering tying residence requirements for holding office to the same date.

Indeed, they should, in my view.

One recent, and fairly in effectual, member of the House of Representatives, Jeanette Ward, had arrived so recently from Illinois that she didn't qualify for office until after the primary, something that oddly didn't seem to come up in her primary election.  She's been in the state a little over two years now.   She was interviewed about this proposal and stated she had no strong feels one way or another, which is a bit difficult to believe, but perhaps.

A better solution would be to make a residency requirement stretch out to five years for the house, and perhaps seven for the senate and higher office.  Perhaps ten or fifteen years for the Governor's office.

April 13, 2024

Karlee Provenza will not be sanctioned for her recent comments, in the form of a t-shirt, which will upset some but which makes the leadership of the House in Wyoming continue to be admirably fair-minded and prudent, and which in the current atmosphere contrasts nicely with Tennessee.

An interesting aspect of this is that her political polar opposite, Anthony Bouchard, came to her defense.  He also, oddly, called for new state GOP leadership, calling the leadership "undocumented Democrats".

March 21, 2023

On May 19,  the Cowboy State Daily ran an op ed by Wyoming "Freedom" Caucus head John Bear and another by Speaker of the House Albert Sommers.  We already noted Bear's article on this with, with this: 

The blaring of the propoganda bugle.

Wyoming Rep. John Bear writes, "It was the Speaker’s decision to create an Appropriations Committee consisting only of socially liberal legislators from big cities, and now it appears that the President of the Senate sees some benefit in a Senate Appropriations committee loyal to the Uniparty’s cause as well.

John Bear, head of the Freedom Caucus, in the Cowboy State Daily.

There is no Uniparty.

A person would be hard-pressed to find a single "socially liberal legislator", let alone one from a "big city", in the State Legislature. 

I note this as this is the current drumbeat of the Freedom Caucus, and it's a fantasy.  A better case could be made that the Freedom Caucus is not made up of Republicans, as it doesn't reflect traditional Wyoming Republican values.  Of course, Bear isn't a Wyomingite, being a transplant.

The problem with false propaganda, however, is that people will believe it, including those spouting it.

We read Sommers, but didn't comment on it.  It's title raises a good question:

Albert Sommers: Why Does Freedom Caucus Tell Its Members How To Vote?

In it, Sommers states, reflecting the way that the Wyoming GOP has traditionally been:

I believe Wyoming Republicans remain “a Party for free men/women, not blind followers, and not conformists,” and yet the media, hardline conservative pundits, state party leaders, and the Freedom Caucus want to push all Republicans into the round hole of conformism when we are truly the square peg of diversity.

By doing so, he really does define the current state of affairs between the traditional Wyoming GOP and the populist branch. The Wyoming GOP is traditionally conservative, but Wyomingite, the populists are something else, and do very much march in lockstep.  Indeed, failure to adhere to uniformity yields to insults such as being accused of being part of an imaginary fictitious "Uniparty" to ending up getting listed on the WyoRino website which list traditional Republicans as RINO's.

Populist do appear to be driving the bus nationally in the GOP, which frankly just doesn't behave the way it used to in any fashion.  It's interesting that this fight is developing in Wyoming, which still is heavily Trump country, when Trump's supporters brought the Führerprinzip into the party. It might be telling that "think for yourself" is appearing here now.

June 28, 2023

A committee rejected a bill proposing to make EMS services essential.  This would have provided for some level of state funding.

August 25, 2023

A committee heard testimony from Wyoming Secretary of State Chuck Gray on a bill that would require 30 days residence in order to vote in a Wyoming election.  It was formerly one year, some time go, but that was struck down by a Supreme Court opinion and never re addressed.

In spite of Gray's having been voted into office, he's not universally popular with long time Republicans or long time residents, and one multi generation Wyoming rancher and former legislature apparently also testified and called Gray a "snake oil salesman".

August 31, 2023

The 30 day's residence bill was tabled by the Corporation's Committee.

The Committee unanimously passed a bill that banning private funding for the administration of elections in Wyoming.  My prediction is that the Law of Unintended Consequences will end applying to this bill as political parties are private organizations and primaries are the use of public funds for their internal choices, and somehow this will blow up on the parties, which will be fine.

The committee passed in a 9-5 vote a resolution asking Congress to propose a constitutional amendment that would restrict corporations and organizations from making campaign contributions, an act that will go nowhere as Congress won't do it.

"Freedom Caucus" legislator John Bear, originally of Missouri, wrote a longish letter to the Casper Star Tribune complaining about Senate President Ogden Driscoll using the term "Uniparty", which FC members use to slam anyone who is not a member of the populist right.

October 7, 2024.

Senator Bob Ide has an op ed in the paper today, promising to introduce legislation to somehow require the Federal government to turn over the Federal domain to Wyoming.  He terms the Federal Government's possession of its public land in Wyoming illegal and contrary to a promise it made at the time of Wyoming's statehood, both of which are absolutely false.

This would be a disaster for the state's sportsmen and the state in general, and would soon result in the land likely going to the wealthy, and wealthy out of staters.  It would frankly make it not worth living here and destroy the character of the state.

Ide cites the popular transfer of the Marton ranch to the Federal Government and the recent southwestern Wyoming BLM plan as part of the reason this needs to occur, both of which are reason why it should never occur.

Poster from several years ago.

Ide is a far right member of the legislature and was in Washington, D.C. at the time of the insurrection, although there is no reason to believe he participated in it.

October 15, 2023

Oh brother:
A legislative committee will draft a measure to prohibit state and local authorities from aiding or cooperating with federal land management agencies “when they pursue policies which harm Wyoming’s core interests.”

The move is in response to the U.S. Bureau of Land Management’s draft plan for managing 3.6 million acres of federal land in southwest Wyoming.

The Select Federal Natural Resource Management Committee also voted unanimously to draft a bill creating a new full-time position in the governor’s office to act as a watchdog “protecting the state’s interest against federal overreach.” Lawmakers on the panel suggested recruiting current and former BLM employees for the position with a signing bonus. They also discussed offering “bonuses and or opportunities for promotion” for state employees who go “above and beyond in protecting the state’s interests” against perceived federal overreach.

Casper Star Tribune 

November 2, 2024

A $68M inflation adjustment funding bill for education will be introduced.

At least this makes sense for a budget session.

November 4, 2024

Election related bills will appear in the upcoming budget session.

A bill to require a person to be a resident for 30 days prior to voting in an election will move on to the budget session.

A bill to expand the definition "of organization" for campaign donation reporting also will.

A bill to add a misdemeanor offense for intimidating an election official has been added to the one that already exists at the felony level.

November 10, 2023

After a special purpose bill failed, judges were added to the statute that makes it a felony to intimidate jurors, witnesses and peace officers while they are fulfilling their duty.

This seems to fall considerably short of the originally proposed bill which was specific to judges.

November 14, 2023

A bill to create a Rural Lawyer Incentive Pilot Program which grant entering lawyers in rural communities $16,000 each year over five years, so little as to be of no practical effect whatsoever, is advancing to the legislature.

The bill states:

HOUSE BILL NO.

Wyoming rural attorney recruitment program.

Sponsored by: Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to attorneys-at-law; establishing the rural attorney recruitment pilot program; specifying eligibility requirements for counties and attorneys to participate in the program; specifying administration, oversight and payment obligations for the program; requiring reports; providing a sunset date for the program; authorizing rulemaking; providing an appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming: 

Section 1. W.S. 33-5-201 through 33-5-203 are createdto read:

2024 STATE OF WYOMING 24LSO-0061

Working Draft

Bill Number

ARTICLE 2 – RURAL ATTORNEY RECRUITMENT PROGRAM

33-5-201. Rural attorney recruitment program established; findings; program requirements; county qualifications; annual reports.

(a) In light of the shortage of attorneys practicing in rural Wyoming counties, the legislature finds that the establishment of a rural attorney recruitment program constitutes a valid public purpose, of primary benefit to the citizens of the state of Wyoming.

(b) The supreme court may establish a rural attorney recruitment program to assist rural Wyoming counties in recruiting attorneys to practice in those counties.

STAFF COMMENT 

In light of the Committee's discussion at its last meeting, the Committee may wish to consider whether the Supreme Court or the State Bar should establish and operate the rural-attorney program. 

(c) Each county eligible under this subsection may apply to the supreme court to participate in the program. A county is eligible to participate in the program if the county:

(i) Has a population of not greater than twenty8 five thousand (25,000); 

(ii) Has an average of not greater than one and one-half (1.5) licensed attorneys in the county for every one thousand (1,000) residents of the county;

16 STAFF COMMENT

The State Bar proposed the following alternative qualification/standard to paragraph (ii) above:

(ii) Has an average of not greater than one and one-half (1.5) qualified attorneys in the county for everyone thousand (1,000) residents. As used in this paragraph, "qualified attorney" means an attorney who provides legal services to private citizens on a fee basis for an average of not less than twenty (20) hours per week. "Qualified attorney" shall not include an attorney who is a full-time judge, prosecutor, public defender, judicial clerk, in29 house counsel, trust officer and any licensed attorney who is in retired status or who is not engaged in the practice of law;

(iii) Agrees to provide the county share of the incentive payment required under this article;

(iv) Is determined to be eligible to participate  in the program by the supreme court.

(d) Before determining a county's eligibility, the supreme court shall conduct an assessment to evaluate the  county's need for an attorney and the county's ability to sustain and support an attorney. The supreme court shall maintain a list of counties that have been assessed and are  eligible to participate in the program under this article.  The supreme court may revise any county assessment or  conduct a new assessment as the court deems necessary to reflect any change in a county's eligibility.

(e) In selecting eligible counties to participate in the program, the supreme court shall consider: 

(i) The county's demographics;

(ii) The age and number of attorneys in the county;

STAFF COMMENT

Rather than require the consideration of age as a factor the Committee may wish to consider alternate language for paragraph (ii) above:

(ii) The number of attorneys in the county and the number of attorneys projected to be practicing in the county over the next five (5) years;

(iii) Any recommendations from the district judges and circuit judges of the county;

(iv) The county's economic development programs;

(v) The county's geographical location relative to other counties participating in the program:

(vi) An evaluation of any attorney seeking to practice in the county as a program participant, including  the attorney's previous or existing ties to the county;

(vii) Any prior participation of the county in the program;

(viii) Any other factor that the supreme court deems necessary. 

(f) A participating eligible county may enter into agreements with any municipality, school district or nonprofit entity within the county to assist the county in meeting the county's obligations for participating in the program.

(g) Not later than October 1, 2024 and each October 1  thereafter that the program is in effect, the supreme court shall submit an annual report to the joint judiciary interim committee on the activities of the program. Each  report shall include information on the number of attorneys and counties participating in the program, the amount of incentive payments made to attorneys under the program, the general status of the program and any recommendations for  continuing, modifying or ending the program. 

33-5-202. Rural attorney recruitment program; attorney requirements; incentive payments; termination of program.

(a) Except as otherwise provided in this subsection, any attorney licensed to practice law in Wyoming may apply to the supreme court to participate in the rural attorney recruitment program established under this article. No attorney shall participate in the program if the attorney has previously participated in the program or has  previously participated in any other state or federal scholarship, loan repayment or tuition reimbursement  program that obligated the attorney to provide legal services in an underserved area.

(b) Not more than five (5) attorneys shall participate in the program established under this article at any one (1) time.

(c) Subject to available funding and as consideration for providing legal services in an eligible county, each attorney approved by the supreme court to participate in  the program shall be entitled to receive an incentive payment in five (5) equal annual installments. Each annual incentive payment shall be paid on or after July 1 of each year. Each annual incentive payment shall be in an amount equal to ninety percent (90%) of the University of Wyoming college of law resident tuition for thirty (30) credit hours and annual fees as of July 1, 2024.

STAFF COMMENT

The College of Law's resident tuition for 30 credit hours for the 2023-2024 academic year and annual fees is $17,946. Ninety percent of that amount is $16,151. The Committee may wish to simply specify the amount of each annual payment in subsection (c) above.

(d) Subject to available funding, the supreme court shall make each incentive payment to the participating attorney. The Wyoming state bar and each participating county shall remit its share of the incentive payment to the supreme court in a manner and by a date specified by the supreme court. The responsibility for incentive payments under this section shall be as follows: 

(i) Fifty percent (50%) of the incentive payments shall be from funds appropriated to the supreme court;  (ii) Thirty-five percent (35%) of the incentive payments shall be provided by each county paying for attorneys participating in the program in the county;(iii) Fifteen percent (15%) of the incentive payments shall be provided by the Wyoming state bar.

(e) Subject to available funding for the program, each attorney participating in the program shall enter into an agreement with the participating county, the Wyoming state  bar and the supreme court that obligates the attorney to  practice law full-time in the participating county for not less than five (5) years. No agreement shall be effective until it is filed with and approved by the supreme court.

STAFF COMMENT

The Committee may wish to consider:

Whether attorneys participating in the program must live in the county in which they practice.

Whether language is needed to clarify what it means for an attorney in the program to practice law in the applicable county. Whether a local contribution or match should be required, or whether alternatives to the local matchshould be included in the bill draft. (This was a suggestion raised by the State Bar at the Committee's meeting in September.)

Whether a failure to repay an incentive payment when required to do so should expressly subject the attorney to license suspension (this was an item raised at the September meeting).

(f) Any attorney who receives an incentive payment under this article and subsequently breaches the agreement entered into under subsection (e) of this section shall  repay all funds received under this article pursuant to terms and conditions established by the supreme court. Failure to repay funds as required by this subsection shall be grounds for attorney discipline.

(g) The supreme court may promulgate any rules necessary to implement this article. 

(h) The program established under this article shall cease on June 30, 2029.

STAFF COMMENT

In light of the Committee's discussion in September, the Committee may wish to consider whether clarifying language is necessary to make clear that attorneys can begin the program before June 30, 2029 and complete their requirements after June 30, 2029.

33-5-203. Sunset.

W.S. 33-5-201 and 33-5-202 are repealed effective July 17 2029.

Section 2. There is appropriated one hundred ninety20 seven thousand three hundred seventy-five dollars

($197,375.00) from the general fund to the supreme court  for the period beginning with the effective date of this act and ending June 30, 2029 to be expended only for  purposes of providing incentive payments for the rural attorney recruitment program established under this act. This appropriation shall not be transferred or expended for any other purpose. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207, this appropriation shall not revert until June 30, 2029.

Section 3. This act is effective July 1, 2024.

There is a real shortage, but as noted, the amount of money proposed here will do little to address the problem.  Most likely, what it would do is allow new law school grads to fool themselves into opening local practices that would soon be closed, something that has been going on for quite some time.

The problem that this bill addresses is caused by a variety of things, a significant one being the adoption of the Uniform Bar Exam which has caused Colorado firms in particular, but also Montana and even Texas firms to license lawyers in Wyoming while they practice from their actual localities. This has made practicing law in Wyoming less viable, and in return reduced and consolidated local practice.  This could easily be fixed by requiring residency requirements to practice in Wyoming or restoring a Wyoming specific bar exam.

November 17, 2023

In an act of flaming hypocrisy, the Converse County GOP voted 20-12 to censure state Rep. Forrest Chadwick R-Evansville, for a record that doesn't follow the state's GOP platform and which claims  he violated“the oath that he made to God.” Seeing as the state's GOP is presently heavily supportive of sedition, that's rather rich.

It's not surprising that Chadwick has run into trouble, however. The Businessman turned politician is a Natrona County resident and it could have been predicted from day one that Converse County would not really appreciate a Casperite being in the legislature for some of them, something that occured due to recent redistricting.

Wednesday, August 30, 2023

The glory of being a trial lawyer.

The dirty little secret. . . there isn't any.

One of the nice things about being in a farm community as a working travelers is that their Sunday morning Masses usually start really early, as in 7:00 a.m. in this case.

At least not like portrayed in the movies, and certainly not like the silly "whaling for justice" type of stuff that the plaintiff's bar likes to shovel out.

Recently I tried a case out of town. I've tried so many in the past three decades I no longer have any idea how many I've tried, and if I stopped to try to count them, I know that I'd be inaccurate.  When you apply for a judicial appointment, which I've done several times, unsuccessfully (obviously), you are required to count them up, and I'm sure my numbers weren't the same any time I did that, even though I made an effort to be correct.

I do know that the year COVID restrictions on the courts lifted, I tried three that year.  That may not sound like a lot, but for a civil litigator it is.  I know quite a few civil litigators who have tried less than that over decades' long careers.  One law school colleague of mine who does the same work, has never, in so far as I know, tried a case.  An ABA review I once read of lawyers who had long civil careers and then retired (which seems to be a rarity) remarked that one of the subjects was proud of her "six" trials.

Six.

Hah.

There are a lot of reason there are not very many civil trials and even fewer serious civil trials, but one reason is that trials are hard stressful work.

But I'll get to that.

This past year, dating back a year ago or so, has not been a good one for me on a personal level.  I had surgery in the fall and missed the hunting season.  It was colon surgery, and I've never completely recovered, which is to say that my digestive track has not returned to normal, and it isn't going to.  During that process, it was revealed by a scan that I had a major thyroid nodule.  Followup on that showed it to almost certainly be cancerous, so during the trial, was looking forward to a second surgery, a partial thyroidectomy, and if really lucky I won't have to take medicine for the rest of my life.  There is, however, a good chance that I will have to. 

Having  the trial to accomplish meant that I didn't have to think about it, however.

In terms of good news, it turned out to be benign. Strange, but benign.  It's basically a result of an old injury, one I don't ever recall sustaining.

Current wound status.

Hopefully the recovery time isn't really long, but it varies quite a bit for people.  

I ended up never taking a day off from the second surgery, not even the day of the surgery, which was a mistake, I'll note.

Anyhow, for about a year running now, my life has been nothing but work.  As noted, I missed the hunting season and what little I got in prior to surgery was marred by being incredibly tired.  I'm not sure what was up with that (perhaps the thyroid), but I was.  I couldn't go for big game after that least I rip my stitches out.  

I did get out for waterfowl quite a bit late in the season, mostly on Sunday's after Mass.  I'd work on Sundays but for the Commandment to keep the Sabbath holy, which I take seriously, although occasionally I find myself working on that day too.

That's mostly a reflection of my personality.

The trial in question had been from a pre COVID case and it finally rolled around to to.  Just before it did, my opponent let me know that his young female partner was leaving, and she did before the trial commenced.  I was stunned, really, as she was bailing out of a really good firm and she's a really good lawyer.  She was leaving private practice to go in house.  

No more trials for her.

Then my younger female partner let me know she was leaving. She stuck with me through the trial.

Finding a lawyer you can comfortably try cases with isn't easy.  Frankly, maybe one in ten lawyers who do trial work are really talented at it and of those, maybe only 10% anyone one person meshes with well enough to have that role.  But here she definitely did.  Her leaving is a big loss to me, just as my opponent's younger counsel leaving was a big loss to him.  I don't know, really, if I'll be able to replace her.

For some time I've frankly wondered how she does it, as she's married with young children.  When I was first practicing law, the female litigators I'd meet, and they were few, tended to be childless, often by choice.  Quite a few women started to come into the law about the time that I did, and by and large if they were married and started to have children, they dropped out of practice.  It was just too much of a burden.

This recalls the old phrase, supposedly written by Jean Little, a Canadian author:

A man can work from sun to sun, But a woman's work is never done.

There's a lot of truth to that, quite frankly.

For some reason, even in our "modern" age, the traditional division of labor in which women are burdened with raising children while they're young and keeping the household has never gone away, even when the woman of the house is a professional and its first breadwinner.  Perhaps its simply genetic, although we're not supposed to say that.  About the only relief I see them getting is from willing grandparents, really, and that too, oddly enough, is a very traditional role for grandparents.

Anyhow, juggling a household and having a professional job that requires long hours and travel. . . that's brutal.  I don't blame these women a bit for seeking something else out.

One more example of how our modern "you live to serve this ship" lifestyle makes no sense and makes nobody happy.

You always go to the location of the trial early.

On Sunday, I looked out of my hotel window and saw this:


Horses by an old homestead, still being farmed.

Sigh.

The only thing I got out to do was to go to Mass.

I like everyone to have their own vehicles at a trial.  It gives everyone some independence.  If I control things, and at my age I do, everyone drives themselves.  

This, I'll note, isn't the case with some lawyers, although it is with all the ones I know.  Those people must be the really extraverted ones who just think everyone needs lots of sharing time all the time, and therefore they make the whole team prisoners to their automobile.

Hotels have evolved quite a bit in the past thirty years.  Thirty years ago I'd look for a hotel with a restaurant and then catch breakfast.  Now, most hotels that I stay at are "business hotels" which means that they have a light kitchen with the bare minimum. As breakfast is an afterthought with me anyhow, I’m good to go with that.

I’m not good to go with these monstrosities:


I hate Keurig machines and their stupid one cup at a time system.  I always have.  I never drink just one cup of coffee bu several, and I don't want to screw around making endless little cups. To make matters worse, it's invariably the case that the person who stocks the rooms leaves you hardly any real coffee, but lots of stuff like Ceylonese Green Herbal Tea or something. 

Blech.

We always go down and get a bunch of real coffee for the stupid Keurig machine.

One thing about trials is you get to wear your cool dress shoes that otherwise would look odd in our modern era.


These are saddle oxfords.  Saddle oxfords made from buffalo hide, I might add.  

I've never worn out, I might note, a pair of dress shoes.  I have my black low quarters from basic training still.  When I was first practicing, I bought a pair of wingtips made in Ireland, just like the dress shoes my father had when I was young. They've been resoled once, but they're still in good shape.

Indeed, I only have five pairs of dress shoes, one being the aforementioned Army low quarters I very rarely wear.  I'm never going to need to buy another pair.

I do need to shine them.

Parking lot view.

One thing about doing a trial in farm country is that it always causes me to think how lucky some people are that they get to farm as a career.

I don't think they appreciate that.

I never think that about trying a case in a big city.  I've tried cases twice in Denver and wasn't envious of a soul associated with Denver. The poor judge looked like he'd been rode hard and put away wet in the second one. Denver itself, out on the street, was like a Middle Easter Dysentery Ward in the 30s.  The jurors had jobs I wouldn't have wanted.  

Grim.

In farm country you see, however, people living the way that people are supposed to live.

Restaurant view.  The field below is one I've hunted geese in.

I constantly hear people in agriculture complain about it, and by that I don't mean the weather or something, but about being in agriculture itself.  Maybe complaining is just something people do.  Pascal noted:
If a soldier or labourer complain of the hardship of his lot, set him to do nothing.

I'm not sure what Pascal was aiming at there, but I think it might have been that people just complain.  I also think, however, that a lot of people who were born into agriculture have no idea what other work is like, including working as a professional.   

I turned 60 recently as well, which of course is a sort of milestone for many people, although I really didn't pay that much attention to it at the time.  It really started to set in, however, when I attended a mule action by video. Everything was too expensive, and I didn't buy anything, but leading up to it, I got a fair amount of opposition from my spouse.  Most of it was of the nature of "you don't have time".

I don't have time, which is because I work a work schedule at the office, in this civil litigator line of country, that's very heavy.  I work a schedule that's heavier than a lot of lawyers in their 20s and 30s.  I have nobody, I guess, but myself to blame for that, sort of.  Part of it too has to do with the circumstances during which I came up in the law, and part of it has to do with my own character.

When I was young, before I was a lawyer, I wanted to work outdoors.

It's never really stopped being in a least the back of my mind.  The net effect of that is that from the exterior I'm one of the rare trial lawyers who tries a lot of cases.  I'm cited to other lawyers that way, and because of the work that comes through my door, it's pretty obvious that my reputation as a trial lawyer is impossible to escape.  But part of the reason that I can't escape it is that those immediately around me, including those closest to me, see me that way and can't imagine a world in which I'm not yoked to the plow in this fashion.

Elijah set out, and came upon Elisha, son of Shaphat, as he was plowing with twelve yoke of oxen; he was following the twelfth. Elijah went over to him and threw his cloak on him.

Elisha left the oxen, ran after Elijah, and said, “Please, let me kiss my father and mother good-bye, and I will follow you.” Elijah answered, “Go back! What have I done to you?”

Elisha left him and, taking the yoke of oxen, slaughtered them; he used the plowing equipment for fuel to boil their flesh, and gave it to the people to eat. Then he left and followed Elijah to serve him.

1 Kings, Chapter 19.

I've always thought Elisha's actions baffling.  But they are not.  He was wanting to set out with Elijah, who had just anointed him his successor.  When he left the oxen and spoke to Elijah, Elijah seemed annoyed and told him to go back.

Yoke's were expensive, and so were oxen.  By burning his wooden yokes, there was no going back.

If this seems harsh, consider the similar lines from Luke in the New Testament:

As they were proceeding on their journey someone said to him, “I will follow you wherever you go.” Jesus answered him, “Foxes have dens and birds of the sky have nests, but the Son of Man has nowhere to rest his head.”

And to another he said, “Follow me.” But he replied, “[Lord,] let me go first and bury my father.” But he answered him, “Let the dead bury their dead.* But you, go and proclaim the kingdom of God.”

And another said, “I will follow you, Lord, but first let me say farewell to my family at home.”  Jesus said, “No one who sets a hand to the plow and looks to what was left behind is fit for the kingdom of God.” 

In modern American life we imagine we can always go back and most of us live our lives that way.  Had Elisha decided, well, I'll plow the field and bring in the crops and take up being a prophet later, he wouldn't have become a prophet.  Those setting a hand to the plow, and looking back, don't plow a straight row.

And so back to the main.

There's really no glory in trial work, in spite of what people like to imagine.  It's hard work.  If you win, your clients view the victory as theirs.  If you lose, it's your fault.  Everyone wins some and loses some, and moreover, wins some they should lose and lose some they should win.  It's so stressful that most civil litigators, truth be known, and this includes both plaintiffs and defendants lawyers, won't try a case.  Those who will tend to be a tiny minority, and we try lots of cases, because we will.  You get used to a lot of the things about it, but like the way Jock Lewes is portrayed in SAS, Rogue Heroes (stay tuned for a review shortly), some of that is suppression of anxiety rather than its elimination, although anxiety does indeed decrease with time.  People who run around claiming they love everything about a trial tend to be weirdos or liars, more often the latter than the former.

And, for what its worth, I've tried a minor case since this one.

Wednesday, June 21, 2023

Lex Anteinternet: Monday at the Bar: The best of both worlds: Rodeo...

From Opal Harkin's Instagram. The sentiments on the mortaboard are quite correct.  FWIW, it's a little unusual to see mortorboard for a law school graduation, more typical is a certain sort of old style beret.

Earlier this week, I ran this post:

Monday at the Bar: The best of both worlds: Rodeo and law live side by side in the life of CNFR competitor

 

The best of both worlds: Rodeo and law live side by side in the life of CNFR competitor

When I did so, I did it without commentary.

Didn't have the time to comment.

Opal Harkins (what a delightful old school name), has had an impressive rodeo career, and a pretty impressive academic one as well.  Included in that academic career, she's just completed attending law school.   That's what made me curious, as it's really unusual.

It would not, quite frankly, be easy to go to law school and be on a rodeo team, although one of the members of my law school class was a place kicker (or whatever the kicker on a football team is called) for one year on the UW football team, and one of the members of my father's dental school class was also a rodeo team member for his university, and a very accomplished one at that.  The latter, I'd note, would be even more difficult than going to law school and being on a rodeo team.

So, it's possible.

Opal Harkins had a long association with rodeo, and did throughout her academic career.  She was, for example, the National High School Rodeo Queen for 2016-17, which I only know due to this story.  Oddly enough, she was sort of homeschooled, although through what I'd call remote schooling for high school students, which means she studied from home, but through an online program run through a Montana university, but had home school aspects.  Indeed, when I read it I thought it was probably because she came from a remote ranch, but that doesn't seem to be the case.

The five Harkins siblings are memorable for their talents alone – but their unique names contribute to their trademark as well. The three oldest siblings are boys: Odis, Othniel and Ogden, followed by two girls: Ouana and Opal.

“The story is that in my mom’s family, their names all start with “Sh” and my dad’s brothers and sister all start with “J,” says Harkins. “Odis was named after my great-grandpa, and after that, they had to keep the tradition up and find
“O” names for all the rest of us.”

Like the rest of her siblings, Harkins was homeschooled until 7th grade, when she had the choice to attend public school, which she did for a year. “My parents decided to homeschool all of us so they could be in control of what we were being taught,” says Harkins. “They wanted to be the main influence in our life and didn’t want it to be teachers or other students.” They learned through a Christian curriculum, including taking Bible classes since they were young.

The homeschool flexibility worked perfectly for a family that loved to rodeo together.

“We had schedules when we were all homeschooled together, we would work ahead on cold days and then ride all day on warm ones,” she says.

Now, technically a junior in high school, Harkins is again homeschooling and also taking college courses through the Montana State University – Billings High School Connections program. When she graduates high school, she will also have an associate’s degree in English.

“Being homeschooled is the reason why I am where I am in college right now,” she says. “It taught me to be self-motivated, and being able to take high school classes when I was in 8th grade is the reason why I was able to start college my freshman year of high school.”


Following graduating from that, she went on to university and then on to law school, staying in rodeo the the entire time.  She obtained a big following in her high school years, with one print commentary calling her "a natural doe-eyed beauty", something I wouldn't have expected to see in print following the 1940s.

There's a number of Harkins who are lawyers in Billings, and she's likely (well. . .is) the daughter of one of them.  So she's basically following in her father's footsteps.  I wonder, in fact, if she'll hang her shingle there.

There are a lot of negative things posted here about the practice of law, without a doubt, including some comments about how lawyers themselves, surrendering their professionalism to their wallets, and law schools, having churned out vast numbers of lawyers in the 60s and 70s, have caused the profession not to be that.

And those comments are deserved.  

A former president of the Wyoming State Bar had a "proud to be a Wyoming lawyer" campaign at one time.  Well, that was before the UBE meant that a lot of those lawyers never darkened Wyoming's border.  Plenty of "Wyoming lawyers" today are Colorado lawyers, or Utah lawyers, or Texas lawyers, and that's for the money.

What else would it be for?

But in fairness, law has and still does provide a means for a lot of rural people to make an in town living. And a lot depends on the type of law a person does.  Litigation is one thing, estate planning quite another.  Domestic relations, something else.  As a child of a lawyer, perhaps she knows which direction she's headed.  A lot of new law school grads really don't.

One of the things noted in the article was this:
One day, she’ll have a career that will allow her to continue rodeoing, she’ll be able to afford her own nice trailer and nice horses.
I'm inclined to say, don't bet on it.  And don't bet on having the time to be able to enjoy, well, pretty much anything of that type.  But maybe I'll be wrong, and indeed lots of lawyers I know manage to do just that.  And that says something about matching a career to a personality, something there is very little effort to do, at least by my observation, for law students.  

Well, anyhow, remarkable story.

Watching the mule auction this past Sunday brought me to a possible explanation as to why so many Western legal organizations like to feature cowboys in their propoganda.

And that's because it's honest, and manly, work.

Cowboy, 1888.   This is, for some reason, how lawyers often tend to see themselves.

It was Bates v. State Bar of Arizona in which the United States Supreme Court destroyed the professionalism of the legal profession.  In that 5 to 4 decision, the Court found that a rule of the Arizona State Bar preventing advertising violated the First and Fourteenth Amendments. It further held that allowing attorneys to advertise would not harm the legal profession or the administration of justice.

They were wrong.

As was often the case in that era, the majority had its head up its butt.  In reality, advertising destroyed decades of work by the early 20th Century American Bar Association and drug the occupation of being a lawyer from that of a learned profession down to a carnival barker.

Recently I watched the Netflix uploaded episodes of the Korean television series The Extraordinary Attorney Woo (이상한 변호사 우영우). In it, every one addressed attorneys by their patronymic and the title "Attorney", even if they were personally familiar with them.  So, for example, every time somebody addressed the central protagonist, they did so as "Attorney Woo".   That struck me as odd, so I looked it up to see if that was correct, and found a Korean language site entry that stated off with a comment that was something like "unlike the United States, attorneys in Korea are a respected profession".

That struck me, as I hadn't really thought about it like that.  When I started off in this line of work, we were still somewhat regarded as respected professionals and its hard to forget that's now in the past.

The decline was in, however, already by that time.  When we were admitted to the bar, Federal Judge Court Brimmer gave a speech about civility in litigation.  I've heard versions of it many times since. When I first started practicing, advertising was just starting here, and it was the domain of plaintiff's lawyers for the most part.  It still is.

Bates got us rolling in this direction, but the flood of 60s and 70s vintage law school graduates did as well.  Too many lawyers with too little to do, expanded what could be done in court.  Lawyers have backed every bad cause imaginable in the name of social justice. That's drug the profession down.

How we imagine ourselves.

I think we know that, which is why I think we also go out of our way to associate ourselves with occupations that have real worth.  We like conventions featuring the West, both for defense and plaintiffs, rather than sitting in front of our computers in office buildings in Denver and Salt Lake City.

Nobody, that is, wants to go to the "2023 Sitting On Your Ass Asking Insurance Carriers For Money" conference.  No, we do not.  We want to go instead to the "2023 Blazing Saddles and High Noon Conference".  

But what are we really?

How everyone else sees us.

It's a real red meat question, but it needs to be asked.  To some extent, civil litigation started off as a substitute for private warfare.  But now?  Many people have asked if this is a virtuous profession, but beyond that is it, well, manly?

Many lawyers aren't men, of course.  But if there are occupations that exhibit male virtues and natures, is this one?

Our constant association of ourselves with occupations that do, and the use of language borrowed from fields that are, suggests we don't think so.

As we really are.

Tuesday, May 30, 2023

"How can you represent. . . "


Elk Mountain.

Every lawyer has been asked that question at some point.  Usually it's "how can you represent somebody you know is guilty?"

Usually, amongst lawyers, it's regarded as kind of an eye rolling "oh how naive" type of question.  For lawyers who have a philosophical or introspective bent, and I'd submit that's a distance minority, they may have an answer that's based on, basically, defending a system that defends us all.  Maybe they have something even more sophisticated, such as something along the lines of St. Thomas More's statement in A Man For All Seasons:

William Roper : So, now you give the Devil the benefit of law!

Sir Thomas More : Yes! What would you do? Cut a great road through the law to get after the Devil?

William Roper : Yes, I'd cut down every law in England to do that!

Sir Thomas More : Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down, and you're just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!

That's about the best answer that there may be, and frankly the only one that applies to civil litigation.  We can console ourselves that in representing the interests of the potentially liable, we protect the interest of everyone.

But what about plaintiff's lawyers?

Frankly, the excuse is wearing thin.  

I.e., I don't believe it for a second.  It's all about cash.

And this is a real problem.

The question is what to do about it.

Well, frankly, the average person can't do much.  But you don't really have to accept it, either.

Shunning has a bad name in our culture.  Indeed, one English language European source states:

More specifically, shunning or ostracising is a form of abuse. It is discrimination and silent bullying. Unfortunately, often people who have been shunned also face other forms of abuse, ranging from death threats and physical assaults to murder.

And there's a lot of truth to that.

At the same time, it was and is something that is often practiced to varying degrees in religious communities.  Indeed, up until the revision of the Code of Canon Law in 1983, Catholic excommunications were of two types, vitandus and toleratus, with vitandus requiring the Faithful to cease all normal connections with the excommunicated.  It was very rare, but it could happen. Since 1983 that distinction does not exist.  Some Amish, however, still have such a practice, and they are not alone.

Realizing this is extreme, I also realize, as I've seen pointed out twice, that land locking rich magnates cannot do it without local help. They always hire somebody, I've heard them referred to as "goons" to be their enforcer, and when they need legal help, they hire a Wyoming licensed attorney.  Indeed, in this instance, remarkably, the plaintiff did not use a Denver attorney, which I thought they likely would have. 

And this has always been the case.  Wyoming Stock Growers Association stock detectives were sometimes enforcers back in the late 19th Century, and they were hired men.  In the trial of the Invaders, a local Cheyenne attorney was used, but then again, that was a criminal case, which I do feel differently about.

Elk Mountain is basically mid-way, and out of the way, between Laramie, Rawlins and Saratoga.  People working for Iron Bar Holdings have to go to one of those places for goods and services.  There's really no reason the excluded locals need to sell them anything.  Keep people off. . .drive to Colorado for services.

And on legal services?  I don't know the lawyers involved, so I'm unlikely to every run into them. But I'm not buying them lunch as we often do as a courtesy while on the road, and if I were a local rancher, and keep in mind that outfits like Iron Bar Holdings don't help local ranchers keep on keeping on, I'd tell that person, if they stopped in to ask to go fishing or hunting, to pound sand.

If this sounds extreme, and it actually is, this is what happened with some of the law firms representing Donald Trump in his effort to steal the election.  They backed out after partners in their firms basically, it seems, told Trump's lawyers to chose Trump or the firm.

And there are many other examples.  Lawyers bear no social costs at all for whom they represent in civil suits.  People who regard abortion as murder will sit right down with lawyers representing abortionists, people seeking a radical social change will hire lawyers to advance the change, and the lawyers fellows feel no pressure as a result of that at all.

Maybe they should.

Or is that view fundamentally wrong?

Wednesday, April 12, 2023

Moonlight Graham and other lessons. At some point, you are stuck in your career.

Maybe I don't watch enough television to catch them, or maybe the recent financial crises and the pandemic put the brakes on them, but there used to be a lot of financial planner advertisements based on the theme that you could retire into a new exciting career of some sort.  You know, you worked hard but invested wisely, and now you were a rancher in Monument Valley (where the locals probably regard you as an interloping menace).

M'eh.

Probably, the story of Archibald "Moonlight" Graham is more realistic.

Anyone who has watched Field Of Dreams is familiar with it.  Graham, we learn, played but a single season in the major leagues and got up to bat just once.  After that season, he chose to leave baseball, knowing, the film tells us, that he'd be sent back to the minor leagues, and he just couldn't stand the thought, so he opted to move on, pursuing a career instead of being a physician, an occupation that he occupied for over fifty years in Chisholm, Minnesota.

Graham was a real character, and really did play one season in the major leagues and really did go on to a very lengthy career as a physician in Chisholm, Minnesota.   The film, however, is centered on regrets, and Graham plays into that.

In the film, and presumably the book, the main protagonist is an Iowa farmer who starts hearing voices in his corn field.  At first, the voices have him build a baseball field, promising "if you build it, he will come". The "he" turns out to be Shoeless Joe Jackson, famously banned from baseball due to the 1919 Black Sox scandal.  Jackson brings in the Black Sox, who in turn start holding games against another ghostly team, given as they're all years past their deaths.  The voice returns and tells Kinsella, the farmer, to "ease his pain", which ends up taking him on a cross-country journey in which he picks up a self urban exiled urban author, Terrance Mann, and a trip to a ballgame, at which they see the statistics for Graham.  They go on to Chisholm, Minnesota, to find that he had died years earlier, only to find Kinsella nocturnally transported back to the early 1970s in which he encounters the elderly Graham, who in reality died in 1965.  Graham declines to go with Kinsella and Mann, noting that it would have been a tragedy if he'd only gotten "to be a doctor for one day", his having become so central to the lives of the town's residents.

But then, traveling back to Iowa the next day, they encounter a youthful hitchhiking Graham, who goes back to the field with them and plays on the team of ghosts, apparently actually in reality regretting his having been deprived of a major league career.

The entire move Field Of Dreams is about broken dreams.  It's all about regret.  Every character in the film is full of regrets.  Kinsella regrets having departed company with his father, a former professional ball player, on harsh terms and not getting to apologized before he dies.  Mann, a disenchanted author, regrets not having meaningful writing to carry on with.  Jackson regrets having been banned from baseball.  All of them feature redemption in the form of a second chance at redressing their regrets.

I love the movie, and always have, but it's a dark film in some ways.  Almost every single character in it, no matter how cheerful they are, and they're all cheerful, is laboring under monumental internal regrets.  They're provided a chance to banish the regret, but only through Devine intervention, allowing a redress across time.


Field Of Dreams isn't the only movie that deals with regret, and even Divine intervention, but it's the only one that I'm aware of in which average characters are plagued with it and can only address it in such an intervention.  The closest portrayal of a similar topic of which I'm aware is It's A Wonderful Life, in which the protagonist is about to kill himself after years of hard work at a saving and loan business he was basically forced into due to the untimely death of his father.  In that film, however, a hapless angel takes him back through the lives of everyone he touched to show him how much worse the lives of those he impacted would be had he not been there.  Mr. Holland's Opus is another work that has a similar theme, but with no Divine intervention, in which the dream of the protagonist is shattered by a personal tragedy, but his work, opus, becomes a huge impact on everyone around him.  I like both of those films as well, but not as much, and frankly find them dispiriting for all of the wrong reasons.1 I probably shouldn't, as the message of both is profoundly Christian and, well, perhaps this below best expresses it.


A film that takes a distinctly different approach from either is Will Penny, which is a great film.  In that film circumstances show an aging single cowboy, who has worked his entire life in that role, what life would have been like had he married and had a family that cared about him.  Right up until the end of the film it seems that, now that the opportunity seems to be unfolding, he'll take it, but as it turns out, knowing that it has in reality passed him by, he regrets his decision, but determines to ride off and live with it.  It's just too late.

Which brings me to this observation.

Recently, or so it seems to me, once you are over 50, and truth be known at some point earlier than that, unless your big planned career change is one involving only self-employment and doesn't depend much on your physical health, you're pretty much stuck with what you are doing.

The first time that really became evident to me in any fashion, oddly enough, was when I was in my 30s and practicing law.  My late mother had a friend who grew up on a ranch and had always wanted to return to his former life.  He'd had a long career as a banker, but now, in his 70s, he was trying to return with what was really a hobby farm.  He wasn't well enough to do it, and his wife was crippled, so their location out of town was imperiling her health.  My mother, who was extremely intelligent but often based her assumptions about somebody based on externals, kept referencing him as a "rancher", which he wasn't.  He was still employed at the bank, and it was a hobby farm that was failing.

He moved off of it soon after my mother first referenced him in conversation, and died soon thereafter.

Why, other than that it's always been obvious to anyone who knows me that my internal vocation is one that involves animals and wild country, she pointed that out, I don't know.  Probably as she conceived of him as somebody who had combined a city job, banking, with a rural vocation, "ranching" (actually farming), he was, to her, a model of what I could do.  My mother was always proud of the fact that I'd become a lawyer and quick to tell anyone that, even though its something I never bring up myself and tend to reveal, to strangers, only if asked.  That probably concerned her some as she wondered why somebody who had obtained such an admirable, in her view, professional degree would want to do something that in her personal experience was of a lower status.2  The point was made, as it seemed to make sense to her that a person could pursue agriculture as a hobby while admirably employed in a profession.

I viewed the banker as somebody who'd led an existentially failed vocation, banking, and was trying to make amends too late.

That's a pretty harsh judgement, but I've always been sort of "no quarters" in my view of some things, including myself.  Now, some 30 years later, I could easily say the same thing about me, and be quite correct.  I've had a long and respected career as a lawyer, which has not involved animals whatsoever, or wild country.  I've also been a stockman for most of that time, which does.  But my being a stockman is sort of a second activity, made possible as my in laws are the full time stockmen, and I'm part-time.  I don't regard that as a personal success, but a personal failure. There's no two ways about it.

For all of my time as a lawyer, I've dreamed of being a judge. That's the sort of dream that's puts you in Moonlight Graham territory as chances are, you aren't going to make it.  I first tried to make that switch when I'd only been practicing a few years, at which time, unbeknownst to me, experienced lawyers regarded that as impossible as you needed experience.

Later on I had the experience and applied several times, and passed by some as well.  I passed by one as I knew that somebody putting in was so close to an influential figure that he'd get it, which he did.  I hope that figure realizes that, even now, he's indebted to an accident of employment for his current position.  

The time I first came pretty close, I nonetheless didn't make it to one of the three finalist.  A friend did.  It was surreal, however, as I received calls from those close to the process informing me I should expect to be one of the three finalists.  I received direct information that I'd interviewed very well.  When I didn't get it, and another position soon came up, I was called by a host of individuals who were within the system and urged to apply, which I had not intended to do.  I did, and didn't make the finals again.

Over time, I've watched the process and realized that politics, which weren't really evident to me early on, played very much a part.  One Governor in this time frame had an expressed preference for appointing women, as he thought the bench lacked them and needed them.  Over time, it became apparent that women stood a much better chance than men of getting appointed.  Well, he's the chooser, so I guess he gets to choose as he will.

The more recent Governor has favored very young appointees and ones who had criminal law experience.  I'm no longer young, I'll be 60 next month, and I don't have criminal law experience.  Nonetheless, I put in one last time when I was probably 58.  Totally pointless.

Since that time, I've awkwardly appeared in front of the very young judge.  That judge may turn out to be great, but the judge confessed that the hearing we were at was the first of the type the judge had ever experienced, and the judge wasn't quite sure what to do.  I'll give that judge credit for that.  Not everyone would admit that.

Well, at 60, I'm not putting in anymore.  I'd have to retire at 70, and I'd never get selected.  Oh, well.

I'm not the only one in that position.  At least one other friend of mine has the same experience.  Whenever we've talked about it, we always express it in an "oh well", we didn't expect to get it anyhow, and we still have our careers.  But frankly, in my case, it's another career failure.  I'll go to my grave as a lawyer knowing that whatever I achieved, I didn't achieve what I'd hoped to, long ago.

Sic transit Gloria Mundi.

Being almost 60, I'm at the age where law journals have articles that claim people like me can have exciting second careers.  What they always entail, however, is some lawyer who moved from litigation combat to telling his younger lawyers how to engage in litigation combat, or some lawyer who moved from a big first into one that his son or daughter has, to mentor them.  I guess that's sort of a second career, but it really isn't.  It's more like going from being the team manager to the pitching coach.  You are still showing up wearing pinstripes and a ball cap for the team.  And frankly for the overwhelming majority of lawyers in the current legal environment, where it's hard to find a younger lawyer to even hire, it's not realistic.

What's notable about those articles is nobody ever suggests that any of the lawyers that they reference really were able to make a radical shift in the field.  None of the Old Hands, for instance, went from practice to teaching.  They keep practicing. At most, you see some who went from litigation to transactional within their firms.

And that's about as realistic as that gets.  Not that such a transition is meaningless, a lawyer I knew personally who practiced into his 90s had done a similar thing at age 60, and just all of a sudden.  The same lawyer, however, had wanted to be a doctor but found his dreams dashed by World War Two, during which he served in the Navy.  Coming back, the lost years didn't leave him time, he felt, to do what he wanted to do.  Indeed, everything about his educational path changed.

What this does do, however, is point out the reinforcing nature of occupations over time.  When the ABA, for instance, runs articles about second careers for lawyers, it's acknowledging that lawyers are looking for second careers, and telling them to stuff it, they're lawyers.  Not that this is a surprise as after a person has been practicing for a while, and I'm sure this is true of every other occupation, you're defined in that role.  I've ridden up to cow camps on trail after having been in the field for days, dressed as a cow hand, and covered with grime, only to be identified as "oh, you're the lawyer".  People who know me only casually from work, when they want to chat, open up topics on legal themes, assuming, logically enough, that what I'd really like to do in the evening while enjoying a cocktail (or more likely a Saturday afternoon at the hardware store) is chat about the law.

Societal expectations, therefore, become reinforcing.  You may have a diesel mechanics certificate, but if your prospective employer finds out you're a 50-year-old lawyer, or 40-year-old lawyer, forget it.  You're not getting hired as a diesel mechanic.

Radical changes, unless, again, they involve self-employment, age out.  I knew one lawyer who became a partner in a small drilling company, but that was a species of self-employment backed by the fact that a collection of business associated had the money, along with him, to invest to start up.  Another who had worked for years in a bank, then entered private practice, did it only briefly before returning to the bank. The brief taste of practice was enough.  One I personally knew dropped out of practice to become a teacher, and one I sort of knew did the same, but they were in their 40s at the time, with time still being available to them to do that.  Probably in their 50s, they wouldn't have been hired.

As I mentioned outdoor professions, one thing I'll note is that the Federal ones have age caps, in some areas, the Federal Government being an employer that can still officially do that.  State ones don't tend to have official ones, but they do have unofficial ones.  Federal ones tend to be based on retirement.  If you can't make 20 years by 60, you aren't getting in.  


One that surprised me recently, quite frankly, was the Ukrainian Foreign Legion.  Its age cap is 55, which is pretty old actually for entering military service, but it's only taking veterans (and only combat veterans, it claims).  Ukrainians men are liable for military service up to age 60s, but Ukraine isn't taking in any old soldiers from other lands.  That probably makes sense, really, as you don't know these guys and can't really vet them much before they show up.  Some vets of other armies, such as my self, are in pretty good physical health and probably could endure a combat environment just fine (maybe), others have grown sick, tired or fat, and couldn't.  There's no point in investing in somebody, whose going to die of a heart attack one week out.

Still, it's interesting as there are so many Western army veterans who trained to fight the very army the Ukrainians are fighting, more or less.  We didn't, thank goodness, fight them in the 80s, and we're not going to be fighting them, it appears, now.

Interestingly, the Canadian Army takes in older enlistees now.  I don't know how old, but the cutoff age is something like 57 or 58.  But those enlistees have to make it through basic training in the Canadian Forces.  Apparently Canadian soldiers are part of the general Canadian government old age pension system, and the Canadian government figures they can get a couple of years out of any who make it through basic, which is probably about what they get out of an average enlistee anyway.

As we live in the age of certification, many jobs that were open to people 30 years ago, when I first started practicing law, have had the doors slammed shut if you don't have perfect certification.  I know of one such field that loosely interpreted its certification requirements 30 years ago and now very strictly construes them. 

Added to that, of course, is the impact of income and influence of disbelief.  A professional changing jobs may be enamored with the idea of it, but it's pretty likely that his family, most particularly his spouse, isn't.  That's also why most of the real changes, such as for example the instance I know of in which a lawyer became a fireman, happen pretty early in careers.  Most professionals don't make the loot that people think they do, particularly when they start out, unless they're recruited into a really high test outfit.  Indeed, the one fellow I know who fits that description looks so stressed all the time, I wouldn't be too surprised if his heart just burst out of his chest in a deposition, and he died on the spot.  For most younger lawyers/doctors/accountants, etc., they're not pulling in the big bucks early on.  At that point, obligations aside, they can make a change as they aren't going to be hurt on a day-to-day basis much.

Obligations, however, change options enormously.  Student debt keeps a lot of people in jobs as they have to pay for their educations.  By the time they have the debt paid off, chances are they have a family and a mortgage, and that keeps them in place.  Most spouses have a low tolerance for dropping family income enormously and while early on couples may endure hardships bounded together by true love, later on the spouse who isn't proposing to drop household income will regard it as insane, bound down by practicalities and perhaps duty to the offspring of the marriage.  Shakespeare claimed that "conscience does make cowards of us all", but debt and expenditures have a big role in that.

So too has the return to long family ties of the pre World War Two era and the insurance system of the post World War Two era.  Couple of the 50s, 60s and 70s pretty much saw their children blast into independence as soon as they were 18, and more than a few families didn't feel the slightest bit of guilt about basically kicking children out into the cold world once they were that age.  It was quite normal.  Now it isn't, but then it really wasn't before 1940 either.  Be that as it may, that has brought about a return to the situation in which the family bread winner retains some financial responsibility all the way into his kid's late 20s, which not only means late career, but it can be career extending, as people can't quite what they are otherwise doing.  I know that I wanted my father to retire when he hit 60, and he wouldn't.  But I'd been paying my own freight by that time, at least partially, for quite a while and knew that I could pull it all.

Or so I thought.  He probably didn't think that, making him an example of somebody who probably was looking at things just the way I do know, right up until he died at age 62, having never retired.

Insurance is another matter.  In the American system you can go on Medicare at age 65, but prior to that, health care is your own problem, and it's expensive.  It interestingly gets expensive for most people right about the time that you really need it for the second time in your life, the first time being when women are of child bearing years.  Switching from one job to another, where health insurance is covered in one, and isn't in another, is pretty hard for most people. Quite a few people keep on keeping on for years until they qualify for Medicare.4

And self-determination, which a lot of us aren't that good at, plays a major role.  You are always faced with decisions when they come up, and you make them, usually, on what is important right then.  Personally, the door did open for me to an outdoor career with an agency right after I had become engaged.  It involved a massive income drop and a very uncertain future, as it started off with a temporary position. The responsible thing to do, it seemed to me (and it would seem to most) was to forego it, which I did.

Twice wars came up after I had left the National Guard, and in both instances I tried to get in them.  That has something to do with being trained to fight.  In the first Gulf War I made contact right away with my old Guard unit, but it wasn't called up as it had just switched from heavy artillery to rocketry and wasn't combat ready.  The second time I contacted them as well, and then a Colorado infantry unit being deployed, but the first one wasn't called up, and the second one didn't need any artillerymen.  As the wars dragged on, it just didn't seem like there was a real reason to join, and I didn't.  The door, however, was open in that second instance and I didn't walk through it. At some point it slammed shut due to age, just has it has now for the Ukrainian forces.  Немає (no) you are too old, age cap at 55.  Будь ласка? (Please?).  Nope, but here's some equipment we need you can buy.  (Seriously, they suggested some sort of optical equipment, or a drone.  I dread to think how much a drone might cost).

And so, the lesson's learned?


Édith Piaf famously sang Je Ne Regrette Rien, but if you look at her life, I'll be she did, and plenty of them.  Not that she's a model of an average or even somewhat typical life.  Moonlight Graham probably is in many ways, which is probably why the character appeals so much.  Maybe everyone watching Field Of Dreams feels that way a little.  Maybe not, but I'll bet plenty identify with that character more than any other in the film.

I don't know if most men really lead lives of quiet desperation, but I do suspect that a lot of people highly respected in their careers have unresolved paths they didn't take.  That doesn't mean that they didn't enjoy their careers.  It may mean they have large or small reservations about the paths they took.  I can't even begin to count how many times clients and litigants have told me "I wanted to become a lawyer" (or, pretty often, "I wanted my son to become a lawyer"), followed by a "but".  I've known professionals who didn't follow up on professional sports opportunities, who had been in military service and then gotten out, who had left farms and ranches, or who had thought about becoming a Priest or cleric, and didn't, all to some element of regret.  Indeed, with big callings, like the Priesthood, it probably downright haunts them.3

For those who recall it, people may imagine themselves singing Je Ne Regrette Rien, or maybe the defiant My Way, but Truckin is probably more like it.

The other lesson may be that the common American claim that you can start off doing one thing, and do anything else, is a lie.  

If it's not an outright lie, it comes with an expiration date.  Once you are 50 years of age, you are doing what you are doing, most likely, and you won't be getting out of it any time soon, if ever.

And this:

Well, you know I... I never got to bat in the major leagues. I would have liked to have had that chance. Just once. To stare down a big league pitcher. To stare him down, and just as he goes into his windup, wink. Make him think you know something he doesn't. That's what I wish for. Chance to squint at a sky so blue that it hurts your eyes just to look at it. To feel the tingling in your arm as you connect with the ball. To run the bases - stretch a double into a triple, and flop face-first into third, wrap your arms around the bag. That's my wish, Ray Kinsella. That's my wish. And is there enough magic out there in the moonlight to make this dream come true?

Not without Divine intervention, there isn't.  And even as the movie portrays, decisions made in the past cannot be undone.  Graham reconciles it with 

Son, if I'd only gotten to be a doctor for five minutes... now that would have been a tragedy.

My wife sometimes makes the same point about my career, with "all the people you've helped".  But then, this too:

 We just don't recognize life's most significant moments while they're happening. Back then I thought, "Well, there'll be other days." I didn't realize that that was the only day.

Footnotes

1.  I'm afraid that I'm an oddity with some films this way.  Shane, the classic Western in which the protagonist comes back out of retirement in order that besieged farmers aren't run off by cattlemen, is an example.  I know how the film ends, but I always hope that the cattlemen will win, and the wilderness they represent preserved.

2. My mother was not from here, and didn't hold farmers and ranchers in low esteem, but rather held professionals in very high esteem.  Her family had members who had been doctors, lawyers and engineers and she regarded this as having achieved a certain status.  A lot of people of her generation viewed the professions that way, and frankly, quite a few people still do.

She also tended to view being a lawyer as proof of high intelligence, which it really is not.  A Democrat, she'd frequently give a reason to support President Obama as "he's intelligent. . . he's a lawyer".  President Obama is intelligent, and he is a lawyer, but in reality, there are lots of fairly dim lawyers.

3.  Indeed, that's one of the ones that's most openly expressed.  I've known lawyers who, once they know you fairly well, will discuss having been in the seminary, or who wanted to be Priests, and it's a different conversation.  It's always pretty clear that they're downright haunted by their change into the law, no matter how much success they may have had in it. Conversely, I've known one Priest who had been a lawyer and at least one who had originally intended to be, who had no regrets whatsoever about their change in paths.

Of interest here, there's often an age limit to attempting to revive a vocational call.  Canon Law in the Catholic Church sets no age limit to becoming a Priest, but many dioceses do, and for good reason. Training a Priest takes nearly a decade.  While I can think of stories of some "older" men becoming Priests, in reality, they were middle-aged men when they started off.

Likewise, there's a limit on trying to become a Catholic Deacon, a vocation that's spread enormously in recent decades.  In our Diocese, the provision is:

The minimum age for a single man to be ordained to the permanent diaconate is twenty-five (25) years old, and thirty-five (35) years for married men. Maximum age to enter the Diaconal Formation Program is fifty-five (55) years (age 60 at ordination), unless the Bishop allows an exception. 

Sixty is surprisingly late, quite frankly, and I wonder if this has been recently moved as I thought the age limit lower, although not much.  Be that as it may, I know this only because at one time our African Parish Priest sent out letters to several men whom he thought would be good Deacons.  I was one.  I was flattered by the letter but knew I wasn't called, but I did pray on it.  I'm not called, working on my own defects is a full time enough job as it is.

4. The combined impact of insurance and family responsibilities in the current era is enough, in and of itself, to quash a lot of late career transition dreams.  Before Medicare, many people are hard locked into careers due to the need to keep their insurance.  Changes in the law, over time, have also meant that parents pay for their adult children's insurance well into their 20s.  Changing careers that involve insurance disruption is darned near impossible for many people.

And it likley would be for me, after my health issues of last year and their carryover inot this year.

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