LEX FUGIT

WORDS OF WISDOM FROM MICHIGAN'S MASTER/SENIOR LAWYERS

 

Back in 2017 the State Bar of Michigan's Master Lawyers Section (for some reason now "rebranded" as the Senior Lawyers Section), published a 23 page book entitled "Words of Wisdom".  A copy can be found here.

It is certainly different than the LinkedIn equivalent of professional advice.  First and foremost, none of the submissions are attributed to anyone.  Certainly a violation of LinkedIn Rule No. 1--take credit for everything.  Come to think of it, the roughly 125 tips contained in the book would provide the young "Advice For Young Associates" twit on LinkedIn with material to ascribe to appropriate for and attribute to  himself, for a week.

Some of the advice may be criticized as trite bromides, scarcely necessary to repeat.  But, based on my observation of the current state of the practice, those bromides, though often prescribed, have not been taken in therapeutic doses by the litigating community.  For instance:

"The basics still remain the same: Be prepared, aware, ethical, and energetic, and you can succeed even though the profession has changed."

Adequate case preparation is still a challenge, apparently.  And, civility and ethics may be difficult to maintain where the litigation arena is not the courtroom but the computer screen in a home office, basement, kitchen or bedroom.  And, to be fair, it is hard to remember that you follow in the footsteps of Brandeis, Frankfurter and Bader Ginsburg, when you  practice with your own footsteps encased in bunny slippers, worn under pajama bottoms.

I did not contribute to the book.  So, let me take care of that now:

"Eat a green thing daily". (However, avoid green meat, cheese or bread).

Ironically, the  value of Words of Wisdom is in stark contrast to the submissions to the current Senior Lawyers Section Listserv.  More about that in another post.

CORPORATE CAREER CAVALCADE-A CACOPHONY OF COCKAMAMIE CLAPTRAP

A few cartoons I have come across recently that business speak and culture into perspective.

1.  Corporate "Training".  I love the way Steve is smiling in the second panel-as he is about to get eaten.

Artist:  Ellis J. Rosen

2.  Lemonade "Solutions".  We will cheerfully pay more for puffery:

Artist:  Pat Byrnes

3.  A variation on the classic. No one on his death bed said, "I wish I spent more time at the office."

Artist:  Kaamran Hafeez

4.  Meetings

Artist:  Also Kaamran Hafeez

5.  My favorite

Artist:  Frank Cotham

ADVICE FOR LITIGATORS EPISODE 1-JUST THE FACTS, MA'AM

A fairly new lawyer, licensed in August of 2015, has for several years, run a series of LinkedIn posts, called "Advice to Young Associates".  I am not kidding.  The advice contained therein is about as useful as the title is condescending. I am drawn to the young fellow's page primarily to read the latest cringe-worthy offering.

A direct quote:  "Young associates: Work life balance is important. So is staying late and showing up on the weekends."  End of post, by the way.  Great insight.  And better yet, advice you can use.  Note, he doesn't say "So is getting your work done."  No, it is more important to make it appear to your bosses that your work is your everything.  If he doesn't notice, you can remind him on your LinkedIn page.

I will today start an alternative series, not to appear on LinkedIn, called, simply, "Advice For Litigators".  I hope this will be real advice you can use in the courtroom or in Zoomworld.

Advice For Litigators-Episode 1:  Just the Facts, Ma'am

If confronted in court by a member of the Black Robe Brigade, and questioned as to the accuracy of your proffered version of the facts, respond as follows: *Firstly, you may need to mask your surprise that the judge was listening.

"Judge, my presentation was merely corroborative detail, intended to give artistic verisimilitude to an otherwise bald and unconvincing narrative."

Taken from William Schwenk Gilberts libretto to the 1885 comic opera "The Mikado", this tidbit is guaranteed to stop a judge in his/her tracks.  After a short pause, the judge may even thank you for your explanation, and you will be invited to continue, unconstrained by further interruption.

This advice is time and courtroom tested.  It works much better than my previously employed response, taken from Curly Howard's dialog in that taut, courtroom drama from 1936, "Disorder in the Court".

"C'mon, Judgie, be a pal."

Litigators of the world and the greater LinkedIn universe, I am honored and humbled to be of service.  You are welcome.

 

CASE EVALUATION MAY 7, 2021

No, the above image is not a screen grab from Panel 2 of Wayne County Case Evaluation of Friday, May 7, 2021.  Though, with a panel consisting of Sheldon Miller, Abe Barlaskar and yours truly, one could well think so.

May 7 was a bit of a throwback to the old days of in person case evaluation hearings.  Shel told us his story of challenging the constitutionality of original No-Fault Act in front of Judge Horace Gilmore in the Wayne County Circuit Court.  His co-counsel was Harry Philo.  

In addition, I was able to catch up with some local gossip, including the story, later confirmed, of a local Circuit Court judge leaving the bench, well before his/her term was to end.

It wasn't like sitting along with 3 other panels, with lunch across the street at the Detroit Club.  But, a nice reminder of former days when case evaluators were required to wear shoes.

Coincidentally, the picture above was the only image that came to my mind when someone said "Zoom", prior to March of 2020.