RANDOM, NON-EXHAUSTIVE, IN-NO-PARTICULAR-ORDER THOUGHTS ON LAWYERING IN THE BASIN
1. It's not about you. It's about the client's welfare.
2. Listen. The client knows more about the facts of the case than you do.
3. Never start at Nuclear. That leaves you no escalation option.
4. It takes no talent to fudge the facts but it takes real talent to argue how the facts, as you find them, entitle your client to relief.
5. Let the Clerks and Security Folks enrich your life. They will if you just control your "inner jerk."
6. Never kill a witness unless the witness signs up for lawyer-assisted suicide.
7. Nobody wins a beanball war.
8. Work Fast, Throw Strikes.
9 Same two teams play next week.
10 Ask your question so the witness can understand it, not to show you have a doctoral degree.
12. Address Judges in court as "Your Honor" or "The Court"--not "Judge" or "you".
13. Lawyers spend a lot of time with heads close together whispering--brush your teeth more often than actual, normal humans.
14. "Please" and "Thank you" should sandwich every request to court personnel.
15. Actually, the court personnel and the lawyers of the opposite sex are not yearning for your touch. After you smile and shake hands, stay out of their space.
16. If you really know a skill that helps the administration of justice--teach it.
17. The best kind of free legal work is the kind you don't tell anyone else about.
18. If you haven't read the (ethics) Disciplinary Rules in 6 months, everything you think you know is obsolete.
19. Boasting is unseemly. Praising others for work well done uplifts the entire profession.
20. When in doubt ask yourself "What would my mother have me do right now?"
posted by UMRBlog @ 15:29
16 comments
16 Comments:
This meant for Jess Gilsdorf or Riff Scholz?
Both fine gentlemen.
Random thoughts about stuff they really don't teach you in law school and, maybe for those who don't practice law, a look in the clue box that this stuff is a bit more difficult than snappy dialogue on "Boston Legal."
TYFCB
Wow, UMR had a bad day at the office or in court.
I had a bad day also. Went to see the Hare show. Spring was a no-show, (seemed weird), Hare lied about his reading of the HR 3200. Got no support.
Can't wait for 2010. Could get rid of my bad Hare days.
Hmmmm--Where's Mark Baker when you need him?
Hell, I'll even vote for Scholz for congressman at this point. At least I know he anti-abortion.
Isn't he ??
Mark Baker...whatever happened to that guy?
I don't know anything about "lawyering in The Basin", but I do know something about lawyers.
Most of your items are just good manners and common sense which should apply to everyone---not just lawyers.
I'm not real clear either on exactly what kind of lawyering you do---aside from representing the city, but my experience has been there are mostly two kinds of lawyers who require different skills to survive and thrive.
1. The "I'd Rather Go To Hell Than To The Courthouse" type of lawyer, who mostly does wills, real estate, etc. You don't need to be combative or aggressive in this type of practice---calm, cool and professional win the day.
2. However, trial lawyers, high-powered contract and labor lawyers, contested divorce lawyers, etc. require an aggressive personality, schooling in The Chicago Way, a dose of theatricality and the soul of an actor to be effective and win the day for their clients. You can't be shy, retiring and deferential in these types of situations and expect to win.
Then you have those creepy death-penalty lawyers from out of town---ewwwww!
Hare isn't my favorite person or legislator by a long shot, but please, if you have any kind of real evidence that he lied, SPILL IT.
I'm tired of people assuming they know what's in someone else's head based solely on the fact that they don't like that person's position on something.
90 percent of what you are being told FROM EITHER CAMP is simple propaganda. Yes that includes what Rush and Andrew and Glen are telling us as much as it does what Phil and Nancy and Barack are telling us.
But if you're going to make accusations of outright lying--prove it. The onus to do so is on you, you;re making the accusation.
That said, I hope you're right. I'd like to see Hare go bye bye. :)
Anon, you are right. So here are some facts. I lifted this from "forseti" at QNO site, because he writes much better than me,(hell, anybody writes better than me), but I did look it up on Google. His quote:
Clarification
Reply #22 on : Wed August 19, 2009, 11:56:55
I know I heard Congressman Hare throw out some stats. One I heard twice was that the CEO of Aetna made $200,000 a day. 200,000 x 365 = $73,000,000 or 200,000 x 260 (working days) = $52,000,000. Was he trying to play the class envy or evil rich card? I am concerned that he was blatantly dishonest to our faces or can't tell $73 million from $7.65 million when he was wide awake. Makes you wonder what decisions he was making for us when he was considering this bill on little sleep!
Here is Aetna's CEO info!
Ronald A. Williams - CEO
Total Compensation: $ 7.65 M
Ronald A. Williams, age 59, is Chairman and Chief Executive Officer of Aetna. He was elected Chairman of Aetna on October 1, 2006, and Chief Executive Officer on February 14, 2006, having served as President of the Company from May 27, 2002 until July 24, 2007 and as Executive Vice President and Chief of Health Operations from March 15, 2001 until his appointment as President. Mr. Williams is a director of American Express Company (financial services), chairman of the Council for Affordable Quality Healthcare, vice chairman of The Business Council and is a trustee of The Conference Board and the Connecticut Science Center Board. Mr. Williams also serves on the Massachusetts Institute of Technology North America Executive Board and is a member of MIT's Alfred P. Sloan Management Society. He is a member of the Business Roundtable, the International Federation of Health Plans, the Healthcare Leadership Council and the National Intelligence Senior Advisory Group.
Compensation
Salary$1.09 M
Bonus$—
Total Cash Compensation$1.09 M
Other Annual Compensation$—
Total Annual Compensation$1.09 M
Long Term Incentive Plan $0.00
All Others $6.56 M
Total Compensation: $7.65 M
For good measure I looked up a few other large health insurance CEOs
CIGNA H. Edward Hanway - CEO Total Compensation: $ 1.16 M
United Health Gp Stephen J. Hemsley - CEO
Total Compensation: $ 1.42 M
Wellpoint Inc Angela F. Braly CEO Total Compensation: $ 3.06M
Translation: Hare is a liar, or stupid, thinking we won't check his facts. In any event, I will vote against him, no matter what happens to the Socialized Medicine bill.
Anon and OB,
You could get a Phil Hare Pop-up Doll, or a room, or both.
Two Hundred Thousand Large would be a lot of GI Joe Dolls on EBay.
TYFCB
QC Examiner said "1. The "I'd Rather Go To Hell Than To The Courthouse" type of lawyer, who mostly does wills, real estate, etc. You don't need to be combative or aggressive in this type of practice---calm, cool and professional win the day."
As I see it, there are some sly dogs in that class that don't want to go to court, but it is because they prefer their calm and cool demeanor to hide their manipulations, frauds, and padded hours. "nothing to see here ... move along"
Working with an executor to take advantage of the elderly is especially lucrative, as they fabricate and obstruct, while the elder is confused and/or alone. Those last year secret changes to a will are always good for a laugh.
Telling lies that can be backed out of later, or lies of omission ... is another skill set these fraudsters have developed.
I think it would require a major clean up of lawyer world to get attorneys to focus on the points UMR mentions. We need convictions and disbarments, not just good old boy winks and nods, and back room quid pro quo, where the lawyers get all the quids.
Imprison the third that are active politburo types, or just simple fraudsters. Discipline the third in the middle that look the other way, or go along to get along. Then the last third (like UMR I'd guess) would be plenty to handle real business and suits.
(just a view from one that thinks we are overlawyered ... and it degrades US all in many ways)
UMR, I do have a Phil Hare pop-up doll. It's name is John Spring. It pops up every time a Dem. comes to town. For some reason, Tuesday it didn't work. Couldn't find it anywhere. Hmmmmm.I know it doesn't like voters sticking their noses in Government business. Maybe it was on the golf course. Anyway, I'm sure it will show up soon. There's going to be a Dick sneaking into town soon, and the pop-up won't want to miss that.
Obs, never attribute to malice what is adequately explained by cluelessness :)
And that applies to attorney-types too, UMR. :)
0903,
That's a fair point. Often, especially among lawyers, human error is mistaken for something evil. I'm guessing the same is true in politics.
And you're right. We should try to see the best in people whenever we can.
TYFCB
Just for clarification your CEO compensation numbers are likely only the salary and bonus, not the stock options which make up the bulk of the total CEO compensation.
As you were.
Anon, thanks I feel clarified. So Hare-ball has access to info the stockholders don't?
I still think he was making up S***.
UMR, I would like to think the best in Hare, but his support of Socialized medicine isn't it.
Nope, there is this fun thing called an "Annual Proxy Statement" that lists the total compensation for corporate executives. Go ahead, take a gander. You and Hare are both off though. That is why doing your homework is a good idea. Better to say nothing and have people think you're foolish and all that.
Also, I don't really know the context that Hare said that in, but, in terms of the healthcare debate, who cares how much the CEO makes? He makes money because he does his job- turns a profit for the corporation and its shareholders. He can make a billion dollars a year for all I care as long as the insurance company actually does what its supposed to do.
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