A LEX FUGIT QUANDARY

            I started the www.LexFugit.com website a couple of years ago, as a place to preserve some of the more interesting tales of practicing law in the Michigan courts.         

            The site’s motto:  Barba Crescit, Caput Nescit-The Beard Grows, but the Head Does Not Grow Wiser (a real Latin adage, by the way), was meant to convey that this was to be a comparatively light-hearted, self-effacing collection of seasoned practitioners’ experiences.

            I never expected there would be an issue getting lawyers to talk about themselves.  Social media is full of smiling lawyers stating that they are “humbled and honored” to be recognized as a super/best/extra most bestest attorneys.  On these same forums, lawyers have no difficulty congratulating themselves on a job well done, if they don’t mind saying so themselves-repeatedly.

            I figured, all I had to do was let attorneys know that I was looking for their stories, and they would send them along.  That hasn’t happened to any satisfying degree.  I am surprised.  I know that lawyers basically get paid for their time, and time taken writing down war stories is time spent not making money.  But, there is voice recognition features on our phones and word processing apps.  This doesn’t take long.

            Here are some of my recent experiences.  One of the great stories on the site:  Sy Orlowski’s Most Impotent Case, was related to me by the venerable Dan Makarski, who asked that I “ghost” the story for him.  The piece will appear in an upcoming issue of Detroit Lawyer Magazine.

            4 or so months ago, I was sitting, remotely, with attorney Gary Krochmal on a case evaluation panel in Wayne County.  As usual, our cases were overwhelmingly No-Fault claims.  During one of the breaks, he related a story of an ICLE seminar he attended in 1972, covering the brand new, Michigan No Fault Act.  The presenters, including Shel Miller, told the audience that they should get into another area of practice as there would be no more auto cases.  I think all would agree, this was a story we’d love to hear.  Over a couple of months, I asked Gary a half dozen times if he’d write the story.  He never outright refused, but after a few weak excuses (“I have to clear this with Shel”), he stopped replying to me. I’ll never get that story.  Maybe I’ll contact Shel.

            So, I have had to pester folks for articles, which I don’t mind doing.  Lawyers generally take the path of least resistance when there is real paying work to be done.  So, it is understandably easy to do nothing when nothing is really required.

            I soldier on.

            It was suggested that the members of the State Bar of Michigan’s Senior Lawyer Section might be a source of stories.  I joined the section and signed up for the listserv.  I intended to post a request for stories to the members of the section.  Thank God I didn’t. The Senior Section listserv was another world.  Whereas I had trouble getting any lawyer to write down his/her “stories”, the members of the listserv could not be stopped.  The same group of 5-6 lawyers posted both long and often.  The number of posts were exponentially higher than the combined posts of all the other SBM sections to which I belonged-like ADR and Negligence.

            I quickly learned that all content is not good content.  The Senior Section listserv, as of April and May of 2021, contained the following discussions:

• Donald Trump had won the Presidential election of 2020, though by what margin of popular and/or Electoral College vote was never so much as suggested;
• George Floyd had actually killed himself, not once, but twice;
• ”As lawyers we know that proof of prior bad acts may be used to prove a current bad act.” Because the Chinese are Stalinists and Stalin was a murderous dictator, this is proof that the Chinese are responsible for the Corona Virus- ironically referred to as a “scamdemic”.

           Daily posts, longer than this article, were the norm among this happy band.

           I quit the listserv, and I am happy to report that the Senior Section is set for imminent dissolution by the State Bar.  Not for the content of the listerv.  It appears that the Section has done nothing since it was formed but provide the forum for these on line discussions.  No elections, no officers, no meetings, no programs, no budget, no annual reports. The boys have expressed an interest in saving the Section, but they will soon learn that a dues charging section does not exist by social media posts alone.  I wish them the luck they deserve.

            So, my quandary is that my group of potential contributors consists of people who think they have better things to do, or people who ought to have better things to do.

            So, here is my pitch again.  Send me your stories of practicing in Michigan’s courts.  Call me, email me whatever.  I’ll write them up (though, seriously, there is voice recognition on everything these days), edit them, whatever is needed.  And I am the soul of discretion. 

            Under current conditions, anyone who practiced before March 1, 2020 is an old timer.

            C’mon folks.  I don’t have the funds to establish a Lex Fugit Submission Lottery.