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Other
lawyers have taught me many, many things over the
last three decades. Here is my "Top Ten List:
Things lawyers have taught me," with credit to
each author.
1. "Fight your
case, not the other lawyer." (Giles Dearing)
This diminutive old solo practitioner from Wynne was
the epitome of a country lawyer in the late '70s.
He had no secretary and typed all of his documents
on a manual typewriter, one peck at a time. But my
fancy pleadings coming off an IBM Selectric weren't
going to impress the Court any more than Giles' simple,
short allegations. While fighting the merits tenaciously,
he was most agreeable procedurally, and regardless,
the case would end with a sincere handshake and words
of appreciation and encouragement. He was quietly
and without reward, a mentor to young lawyers, and
an attribute to his profession.
2. "Get your
money up front; things can go terribly wrong."
(Jill Jacoway) In fact, Jill keeps a picture on her
desk of Jerry H., the particular client whose reason
for delaying payment went "terribly wrong,"
teaching her this important lesson.
3. "I sure am
glad to be a part of a profession that admits it takes
positions for hire." (David Solomon) This
Helena icon whispered this to me during a multi-party
trial where an engineer was trying not to admit his
being paid as an expert might have an impact on his
testimony. Not only is it "all right" for
us to make this admission, we need to remind ourselves
of it daily. There are always at least two sides,
and reasonable lawyers can energetically and ethically
take the side opposite ours.
4. "You cannot
learn with your mouth open." (J. Michael
Sprott) Though not a lawyer, my wise brother's advice
is important to those of us who compete orally. We
often need to be quiet and focus on the other party's
words. While we are listening we may learn solutions
we might never have considered had we kept talking.
5. "People don't
come in to sit across your desk to hear 'No.'"
(James B. Sharp) My first employer and law partner
forced me to never accept the easy answer, which is
most often "No." Find a way, a legal way,
to accomplish the best for the client, and do it in
a gentlemanly fashion.
6. "Don't walk
around looking like you have the weight of the world
on your shoulders." (John B. Moore) This
Clarendon naturalist/lawyer taught me to choose a
positive attitude in the face of the pressures typical
to our profession. Buck up, throw your shoulders back
and march on! Keep your attitude positive!
7. "If you are
in this for the money, you are going to be disappointed."
(W. H. Taylor) Those attracted to this profession
by glitz and glamour, money or fame, are in for a
shock. It is no picnic being in a controversy every
day, whether spending days negotiating contracts or
in the courtroom. Ours is a profession of taking positions
contrary to others. It is not easy work, and if money
is the only goal, disappointment is likely. Consistent
financial reward comes with dedicated service, long
hours and tedium. The message? Make service to clients
the primary goal, not fees.
8. "I've got
a desk a show dog couldn't clear." (Jimason
Daggett) In response to my inquiry about the timing
of his answers to my interrogatories, this delightful
gentleman gave me a line used many, many times thereafter.
9. "Never leave
your office at the end of the day without having returned
all your telephone calls." (J. Scott Covington)
A host of ethics seminars may teach this, but Covington
lives it each and every day. The results are appreciative
clients who are certain they are on his mind, and
their case is important to him.
10."Smother
them with kindness; they won't know how to respond."
(Joseph E. Sprott) What I believed was my father's
original thought is really found in Proverbs: "A
soft answer turns away wrath." We characteristically
puff up in anger when someone initially treats us
harshly, eager to voice our righteous indignation.
The result is more harsh words, until communication
ends and hope of resolution wanes. Cover them with
kindness? Respond with a soft word? It often leads
to silence, then calm negotiation, and finally solution.
Isn't that our goal: solutions?
11. "We don't
make them like that anymore." Johnny Nichols
said this of Donald J. Adams, who once returned to
my partner documents mistakenly attached to responses
to discovery requests, saying, "I really don't
think you meant to give me these." A kinder,
gentler time, maybe, but we should all treat each
other this way.
No doubt you have a
"Top Ten List" of things you've learned
over the years. Write them down and define what they
have meant to you. Then share them with a new lawyer
just starting this wonderful profession. Maybe together
we can make this an even more enjoyable, meaningful
way to make an honest living.
Oh, I know there were
eleven. I never was good at math.•
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