I'm not sure if this qualifies as opposed a legal issue, but since (a) the story involved a lawyer and since (b) this is my blog, I'm going to tell you this tale in any event.
Our vignette takes place back in the 1950s. My friend "William" was a young Navy man, an Ensign, stationed stateside during the Korean War. Being a young man about town, he had arranged a date with an Admiral's daughter to go to some fancy cotillion ball. Of course, the young lady was justifiably excited, got a new dress, etc. Unfortunately, our hero took drunk that night and fail to show up.
Well, the daughter cried all night to her mother, and the mother got on her husband's case the better part of the next day. Having no one in the family he could vent upon, the Admiral had to look elsewhere. The upshot was our young Ensign got new marching orders. He was told that he was being transferred to an active duty post over in Korea. He was going to be in an area that was receiving the most military action and on a ship of that had reported the highest amount of casualties.
Being the dutiful son, Bill called his mom and told her about his transfer and how he wouldn't be able to come home to visit for a while. His momma, justifiably upset, pondered what to do. Somehow, this widow living in a small backwoods town in Mississippi managed to work the phone system to such an extent that she was eventually directly connected to Senator James Eastland, senior senator from Mississippi. At this time, Senator Eastland was at the height of his power in the Senate. He commanded the Senate Judiciary committee, and his compadre, Senator Stennis, the Armed Services Committee. Senator Eastland had a great deal of power in Washington, and was not afraid to use it.
As related to me, and since Mama said "Senator, little Billie is being sent to Korea. They're shooting people over there." To which the Senator replied, "Don't you worry about a thing, ma'am. We'll take care of it."
Lo and behold as our young incident was crossing the tarmac to board his plane to Korea, he was accosted by another naval man. After confirming that he was indeed our ensign, this officer handed William a new set of orders. Instead of reporting to Korea, he was in fact to report to Washington, DC for his duty. While billeted in our nation's capital, his sole duty consisted of reporting once a week the Senator's office and letting them know that he was okay. After this visit, someone from the Senator's office would then call his widowed Mama and report that they had in fact seen her little Billie that day and he was doing just fine. Thus our hero waited out the Korean War.
Although William and Senator Eastland's political views clashed dramatically, Sebastian dutifully voted each and every opportunity he could for Senator Eastland. As I have said on many occasions, you have to admire a man who once bought, stays bought. I say this non-judgementally, as I'm sure that in the same position I would've voted for the Senator each and every time also.
Friday, January 9, 2009
Hubris and the Law
This week, former Hinds County District Attorney Ed Peters turned in his license to practice law. This came as a result of his involvement in the wake of of fraud and deceit put into action by now disbarred super plaintiff's attorney Dickie Scruggs. As you may be aware, Dickie, his son Zach, Joey Langston, and other lawyers connected to and/or involved with Dickie Scruggs have been arrested and most have pled to federal charges. Ed Peters has not been arrested, and may not be. Additionally, current Circuit Court Judge Bobby Delaughter has been suspended indefinitely from his job while the Mississippi Commission on Judicial Performance investigates allegations that Peters influenced him to make decisions favoring Scruggs. Most of these tales of corruption involve greed and the attempt to get even more money. The thing that strikes me the most about the Peters/Delaughter matter is that money was not at the genesis of it, or at least not at the heart of the main player, Dickie Scruggs. Pure unadulterated hubris was the motivation.
Hubris can be defined as "exaggerated pride or self-confidence; arrogance". The story as it is generally told is that Scruggs promised Langston, Peters and non-lawyer Steve Patterson that they could split the $3 million Scruggs would not have to pay if they prevailed. In other words, Scruggs just wanted to win his case against the attorney who was suing him for a fair share of attorneys fees in a case both firms worked. He did not care about saving money. Scruggs was going to pay the $3 million, but just did not want to pay it to that attorney. In other words, he wanted to win more than he wanted to put money in his pocket. I feel sure he could approached the Plaintiff/other attorney about settling the case, and maybe paid half of that. He could have paid $.95 on the dollar and still had money in his pocket.
But he wanted to win and prevail more than he wanted to have the money. Granted, greed motivated the three who got the favorable ruling in the case. But the main player, Dickie Scruggs, was not making decisions based upon financial self-interest. Of course, he was a multimillionaire, and didn't need the money. But how simple it would have been to settle the case and move on with your life. He could've continued in his law practice, and these other attorneys maybe would not have been tempted by the lure of easy money and might be practicing still.
It is a degree of self-importance and arrogance that I cannot even begin to comprehend. While I'm sure that ego was an important tool for Scruggs in taking on the many giants that he took on and slayed, and therefore was necessary to his hight stakes practice, at some point in time you have to realize that we are all just frail vessels in the scheme of things, and quite frankly, as put to me by an armchair philosopher, there are literally billions of people in China who don't give a greasy damn about what we are doing today.
This episode, of course, is staining the entire legal profession in this state. All the good things that these individuals have done will be forgotten. Scruggs, in addition to helping thousands of clients obtain (in other cases) what was rightfully due them in suits against giant corporations, has given much money to charity. Joey Langston provided his home town police force with bulletproof vests. Ed Peters was an instrumental player in the long overdue prosecution of Medar Evers' killer. They will not be remembered for any of these good things. And that is the naked destructive power of hubris at work.
Hubris can be defined as "exaggerated pride or self-confidence; arrogance". The story as it is generally told is that Scruggs promised Langston, Peters and non-lawyer Steve Patterson that they could split the $3 million Scruggs would not have to pay if they prevailed. In other words, Scruggs just wanted to win his case against the attorney who was suing him for a fair share of attorneys fees in a case both firms worked. He did not care about saving money. Scruggs was going to pay the $3 million, but just did not want to pay it to that attorney. In other words, he wanted to win more than he wanted to put money in his pocket. I feel sure he could approached the Plaintiff/other attorney about settling the case, and maybe paid half of that. He could have paid $.95 on the dollar and still had money in his pocket.
But he wanted to win and prevail more than he wanted to have the money. Granted, greed motivated the three who got the favorable ruling in the case. But the main player, Dickie Scruggs, was not making decisions based upon financial self-interest. Of course, he was a multimillionaire, and didn't need the money. But how simple it would have been to settle the case and move on with your life. He could've continued in his law practice, and these other attorneys maybe would not have been tempted by the lure of easy money and might be practicing still.
It is a degree of self-importance and arrogance that I cannot even begin to comprehend. While I'm sure that ego was an important tool for Scruggs in taking on the many giants that he took on and slayed, and therefore was necessary to his hight stakes practice, at some point in time you have to realize that we are all just frail vessels in the scheme of things, and quite frankly, as put to me by an armchair philosopher, there are literally billions of people in China who don't give a greasy damn about what we are doing today.
This episode, of course, is staining the entire legal profession in this state. All the good things that these individuals have done will be forgotten. Scruggs, in addition to helping thousands of clients obtain (in other cases) what was rightfully due them in suits against giant corporations, has given much money to charity. Joey Langston provided his home town police force with bulletproof vests. Ed Peters was an instrumental player in the long overdue prosecution of Medar Evers' killer. They will not be remembered for any of these good things. And that is the naked destructive power of hubris at work.
Tuesday, January 6, 2009
Practical Trial Considerations
First off--sorry about the lapse in posting. The end of the year just sneaked up on me.
Now, on to practical considerations when heading to trial. No, this won't be esoteric--very down to earth. First of all, you should have a small box, which I labeled "Trial Kit", already packed and sitting in your office. This will contain those items that you sometimes wish you had brought, but were not important enough in the scheme of things to make it to your master trial prep list.
You can obtain the box from a drug store or some such place. Mine contains the following items.
Personal items--Shout wipes, for those inadvertent spills and stains. I also have a Tide pen for the same reason. You do not want the jury focusing on that splotch on your clothing, and you don't want to be obsessing on it, either. Likewise, I have a little needle and thread packet, (obtained as a giveaway at a trade show or Bar convention) with buttons, and other repair items.
Computer help-- I have a couple of lens cloths for cleaning the laptop screen. (These can also, of course, work on glasses.) I also carry a USB thumb drive, for sharing information with co-counsel or getting something printed on a handy printer.
Client care-- First and foremost, a box of Altoids. I do a fair amount of criminal work, and some of these guys, particularly the ones who don't make bail, are a little careless with their personal hygiene. You are going to be talking with them in close quarters some, and you don't need the distraction of holding your breath. Sometimes these can be useful for co-counsel, too. And, of course, take one or two for yourself--you never know. Loose change for a drink can be a lifesaver, either for the client or you during breaks, so I have some in my kit. Further, I carry a fairly big Post-It Note pad for passing notes back and forth with my client. I find I can read and listen, but have trouble listening and listening. I need to hear the witness or the Judge, and I need to know what my client wants me to know. Likewise, I place a spare pen in my kit.
Trial care-- I think I am prepared for exhibits and cross, but just in case, I have a spare highlighter for emphasizing things, along with a Sharpie permanent marker. The highlighter, picked up again at a Bar Convention, is a triangular job with three colors and is all of 2 1/2 inches across. Perfect for my little kit. If something runs out of ink, I have a spare handy. I also have a spare pair of reading glasses in my kit, for anyone, including me, that may need some. Remember, you are the guide at trial, and you want the jury to know that you are the one to trust. Helping people see what they are talking about builds your credibility and likability.
I was also lucky enough to obtain a small NITA Federal Rules of Evidence book when I attended the National Institute for Trial Advocacy course. This is very handy to have when the Judge strays into an unexpected sidebar on these rules. You can order this online.
That's it. Small and effective, I don't have to sweat the small stuff, because I have the small stuff covered. Why is this important? I think that most trial lawyers have a degree of obsessiveness built in. Following the Boy Scout motto of "Be Prepared", I won't stray from my main purpose and I will come across to the jury as the lawyer who they can trust because he is prepared.
Now, on to practical considerations when heading to trial. No, this won't be esoteric--very down to earth. First of all, you should have a small box, which I labeled "Trial Kit", already packed and sitting in your office. This will contain those items that you sometimes wish you had brought, but were not important enough in the scheme of things to make it to your master trial prep list.
You can obtain the box from a drug store or some such place. Mine contains the following items.
Personal items--Shout wipes, for those inadvertent spills and stains. I also have a Tide pen for the same reason. You do not want the jury focusing on that splotch on your clothing, and you don't want to be obsessing on it, either. Likewise, I have a little needle and thread packet, (obtained as a giveaway at a trade show or Bar convention) with buttons, and other repair items.
Computer help-- I have a couple of lens cloths for cleaning the laptop screen. (These can also, of course, work on glasses.) I also carry a USB thumb drive, for sharing information with co-counsel or getting something printed on a handy printer.
Client care-- First and foremost, a box of Altoids. I do a fair amount of criminal work, and some of these guys, particularly the ones who don't make bail, are a little careless with their personal hygiene. You are going to be talking with them in close quarters some, and you don't need the distraction of holding your breath. Sometimes these can be useful for co-counsel, too. And, of course, take one or two for yourself--you never know. Loose change for a drink can be a lifesaver, either for the client or you during breaks, so I have some in my kit. Further, I carry a fairly big Post-It Note pad for passing notes back and forth with my client. I find I can read and listen, but have trouble listening and listening. I need to hear the witness or the Judge, and I need to know what my client wants me to know. Likewise, I place a spare pen in my kit.
Trial care-- I think I am prepared for exhibits and cross, but just in case, I have a spare highlighter for emphasizing things, along with a Sharpie permanent marker. The highlighter, picked up again at a Bar Convention, is a triangular job with three colors and is all of 2 1/2 inches across. Perfect for my little kit. If something runs out of ink, I have a spare handy. I also have a spare pair of reading glasses in my kit, for anyone, including me, that may need some. Remember, you are the guide at trial, and you want the jury to know that you are the one to trust. Helping people see what they are talking about builds your credibility and likability.
I was also lucky enough to obtain a small NITA Federal Rules of Evidence book when I attended the National Institute for Trial Advocacy course. This is very handy to have when the Judge strays into an unexpected sidebar on these rules. You can order this online.
That's it. Small and effective, I don't have to sweat the small stuff, because I have the small stuff covered. Why is this important? I think that most trial lawyers have a degree of obsessiveness built in. Following the Boy Scout motto of "Be Prepared", I won't stray from my main purpose and I will come across to the jury as the lawyer who they can trust because he is prepared.
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