Back when I was practicing law, I considered publications like The Lawyer’s Daily to be an unwelcome but necessary evil. I would skim the headlines and case digests looking for information that I had to know to remain competent. There were many times that I did not even read news about upcoming legislation. I figured that it was a waste of time to focus on things that may never be enacted, and I could just wait until it became law to worry about it.
In the 14th century, the philosopher Jean Buridan told a story about a donkey who, equidistant between two piles of hay, starved to death because he could not decide which one to eat.
Adults often ask young children what they want to be when they grow up. I knew one child who insisted that he wanted to be a fire truck. Nobody could convince this fellow that he could not be a fire truck. You can be a “firefighter” they told him. But no, he insisted that he wanted to be a fire truck.
I whine a fair bit about the legal profession. Occasionally someone asks me what I would have done differently if I could go back and start over. Of course, the trite answer is “be an optometrist.” (Some neat things about being an optometrist: (i) you get to wear a white coat; (ii) the hours are fairly regular; (iii) you rarely have to worry about getting sued for prescribing the wrong lenses; and (iv) according to Dr. Google, your average salary will be higher than the average salary of a lawyer.)
In 1639, John Clarke said, “Early to bed and early to rise, makes a man healthy, wealthy, and wise.”
I go to bed early and like other older folks I can no longer sleep through the night, so I suppose I wake up early. So, I should have it made. But I don’t.
I am of the opinion that, generally speaking, lawyers are not particularly good businesspeople. I attribute this to the following:
One of the most intelligent lawyers who I ever met tells a story about the early days of her marriage as she adapted to the daily routines of domestic life while balancing the pressures of law school. One of the chores which she attended to every week was defrosting her freezer and throwing out the meat that was past its best before date. Yes, from the freezer. Every week. Then, one day, she was chatting with her mother on the phone and lamented the time and money wasted doing this every week. Her mother’s response was one of incredulous laughter. As my friend tells the story, she simply did not know what she did not know.
On a clear summer day, my father carefully drove his car out of his narrow one-car driveway past the retaining walls on either side and onto the street. He then turned to the right and parked the car in front of our house. Or so he thought.
After he exited the car, he found out the hard way that rather than put the car in park, he had actually left it in reverse. The car retraced the path from whence it had come until it crashed into the retaining wall on one side of the driveway.
Abraham Lincoln said, “Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.”
In the many years since, some lawyers have heeded Lincoln’s sage advice, and many have not.
Once upon a time, there was a lawyer whose practice was reliant on one huge client. His junior associate made a mistake on the client’s file. The client demanded that the lawyer fire the associate. The lawyer refused to cast aside a young associate for having made one mistake. The client fired the lawyer. The lawyer lost his practice. The associate lost his job anyway.