Showing posts with label Introspection. Show all posts
Showing posts with label Introspection. Show all posts

Lex Anteinternet: The glory of being a trial lawyer.

Lex Anteinternet: The glory of being a trial lawyer.

The glory of being a trial lawyer.

The dirty little secret. . . there isn't any.

One of the nice things about being in a farm community as a working travelers is that their Sunday morning Masses usually start really early, as in 7:00 a.m. in this case.

At least not like portrayed in the movies, and certainly not like the silly "whaling for justice" type of stuff that the plaintiff's bar likes to shovel out.

Recently I tried a case out of town. I've tried so many in the past three decades I no longer have any idea how many I've tried, and if I stopped to try to count them, I know that I'd be inaccurate.  When you apply for a judicial appointment, which I've done several times, unsuccessfully (obviously), you are required to count them up, and I'm sure my numbers weren't the same any time I did that, even though I made an effort to be correct.

I do know that the year COVID restrictions on the courts lifted, I tried three that year.  That may not sound like a lot, but for a civil litigator it is.  I know quite a few civil litigators who have tried less than that over decades' long careers.  One law school colleague of mine who does the same work, has never, in so far as I know, tried a case.  An ABA review I once read of lawyers who had long civil careers and then retired (which seems to be a rarity) remarked that one of the subjects was proud of her "six" trials.

Six.

Hah.

There are a lot of reason there are not very many civil trials and even fewer serious civil trials, but one reason is that trials are hard stressful work.

But I'll get to that.

This past year, dating back a year ago or so, has not been a good one for me on a personal level.  I had surgery in the fall and missed the hunting season.  It was colon surgery, and I've never completely recovered, which is to say that my digestive track has not returned to normal, and it isn't going to.  During that process, it was revealed by a scan that I had a major thyroid nodule.  Followup on that showed it to almost certainly be cancerous, so during the trial, was looking forward to a second surgery, a partial thyroidectomy, and if really lucky I won't have to take medicine for the rest of my life.  There is, however, a good chance that I will have to. 

Having  the trial to accomplish meant that I didn't have to think about it, however.

In terms of good news, it turned out to be benign. Strange, but benign.  It's basically a result of an old injury, one I don't ever recall sustaining.

Current wound status.

Hopefully the recovery time isn't really long, but it varies quite a bit for people.  

I ended up never taking a day off from the second surgery, not even the day of the surgery, which was a mistake, I'll note.

Anyhow, for about a year running now, my life has been nothing but work.  As noted, I missed the hunting season and what little I got in prior to surgery was marred by being incredibly tired.  I'm not sure what was up with that (perhaps the thyroid), but I was.  I couldn't go for big game after that least I rip my stitches out.  

I did get out for waterfowl quite a bit late in the season, mostly on Sunday's after Mass.  I'd work on Sundays but for the Commandment to keep the Sabbath holy, which I take seriously, although occasionally I find myself working on that day too.

That's mostly a reflection of my personality.

The trial in question had been from a pre COVID case and it finally rolled around to to.  Just before it did, my opponent let me know that his young female partner was leaving, and she did before the trial commenced.  I was stunned, really, as she was bailing out of a really good firm and she's a really good lawyer.  She was leaving private practice to go in house.  

No more trials for her.

Then my younger female partner let me know she was leaving. She stuck with me through the trial.

Finding a lawyer you can comfortably try cases with isn't easy.  Frankly, maybe one in ten lawyers who do trial work are really talented at it and of those, maybe only 10% anyone one person meshes with well enough to have that role.  But here she definitely did.  Her leaving is a big loss to me, just as my opponent's younger counsel leaving was a big loss to him.  I don't know, really, if I'll be able to replace her.

For some time I've frankly wondered how she does it, as she's married with young children.  When I was first practicing law, the female litigators I'd meet, and they were few, tended to be childless, often by choice.  Quite a few women started to come into the law about the time that I did, and by and large if they were married and started to have children, they dropped out of practice.  It was just too much of a burden.

This recalls the old phrase, supposedly written by Jean Little, a Canadian author:

A man can work from sun to sun, But a woman's work is never done.

There's a lot of truth to that, quite frankly.

For some reason, even in our "modern" age, the traditional division of labor in which women are burdened with raising children while they're young and keeping the household has never gone away, even when the woman of the house is a professional and its first breadwinner.  Perhaps its simply genetic, although we're not supposed to say that.  About the only relief I see them getting is from willing grandparents, really, and that too, oddly enough, is a very traditional role for grandparents.

Anyhow, juggling a household and having a professional job that requires long hours and travel. . . that's brutal.  I don't blame these women a bit for seeking something else out.

One more example of how our modern "you live to serve this ship" lifestyle makes no sense and makes nobody happy.

You always go to the location of the trial early.

On Sunday, I looked out of my hotel window and saw this:


Horses by an old homestead, still being farmed.

Sigh.

The only thing I got out to do was to go to Mass.

I like everyone to have their own vehicles at a trial.  It gives everyone some independence.  If I control things, and at my age I do, everyone drives themselves.  

This, I'll note, isn't the case with some lawyers, although it is with all the ones I know.  Those people must be the really extraverted ones who just think everyone needs lots of sharing time all the time, and therefore they make the whole team prisoners to their automobile.

Hotels have evolved quite a bit in the past thirty years.  Thirty years ago I'd look for a hotel with a restaurant and then catch breakfast.  Now, most hotels that I stay at are "business hotels" which means that they have a light kitchen with the bare minimum. As breakfast is an afterthought with me anyhow, I’m good to go with that.

I’m not good to go with these monstrosities:


I hate Keurig machines and their stupid one cup at a time system.  I always have.  I never drink just one cup of coffee bu several, and I don't want to screw around making endless little cups. To make matters worse, it's invariably the case that the person who stocks the rooms leaves you hardly any real coffee, but lots of stuff like Ceylonese Green Herbal Tea or something. 

Blech.

We always go down and get a bunch of real coffee for the stupid Keurig machine.

One thing about trials is you get to wear your cool dress shoes that otherwise would look odd in our modern era.


These are saddle oxfords.  Saddle oxfords made from buffalo hide, I might add.  

I've never worn out, I might note, a pair of dress shoes.  I have my black low quarters from basic training still.  When I was first practicing, I bought a pair of wingtips made in Ireland, just like the dress shoes my father had when I was young. They've been resoled once, but they're still in good shape.

Indeed, I only have five pairs of dress shoes, one being the aforementioned Army low quarters I very rarely wear.  I'm never going to need to buy another pair.

I do need to shine them.

Parking lot view.

One thing about doing a trial in farm country is that it always causes me to think how lucky some people are that they get to farm as a career.

I don't think they appreciate that.

I never think that about trying a case in a big city.  I've tried cases twice in Denver and wasn't envious of a soul associated with Denver. The poor judge looked like he'd been rode hard and put away wet in the second one. Denver itself, out on the street, was like a Middle Easter Dysentery Ward in the 30s.  The jurors had jobs I wouldn't have wanted.  

Grim.

In farm country you see, however, people living the way that people are supposed to live.

Restaurant view.  The field below is one I've hunted geese in.

I constantly hear people in agriculture complain about it, and by that I don't mean the weather or something, but about being in agriculture itself.  Maybe complaining is just something people do.  Pascal noted:
If a soldier or labourer complain of the hardship of his lot, set him to do nothing.

I'm not sure what Pascal was aiming at there, but I think it might have been that people just complain.  I also think, however, that a lot of people who were born into agriculture have no idea what other work is like, including working as a professional.   

I turned 60 recently as well, which of course is a sort of milestone for many people, although I really didn't pay that much attention to it at the time.  It really started to set in, however, when I attended a mule action by video. Everything was too expensive, and I didn't buy anything, but leading up to it, I got a fair amount of opposition from my spouse.  Most of it was of the nature of "you don't have time".

I don't have time, which is because I work a work schedule at the office, in this civil litigator line of country, that's very heavy.  I work a schedule that's heavier than a lot of lawyers in their 20s and 30s.  I have nobody, I guess, but myself to blame for that, sort of.  Part of it too has to do with the circumstances during which I came up in the law, and part of it has to do with my own character.

When I was young, before I was a lawyer, I wanted to work outdoors.

It's never really stopped being in a least the back of my mind.  The net effect of that is that from the exterior I'm one of the rare trial lawyers who tries a lot of cases.  I'm cited to other lawyers that way, and because of the work that comes through my door, it's pretty obvious that my reputation as a trial lawyer is impossible to escape.  But part of the reason that I can't escape it is that those immediately around me, including those closest to me, see me that way and can't imagine a world in which I'm not yoked to the plow in this fashion.

Elijah set out, and came upon Elisha, son of Shaphat, as he was plowing with twelve yoke of oxen; he was following the twelfth. Elijah went over to him and threw his cloak on him.

Elisha left the oxen, ran after Elijah, and said, “Please, let me kiss my father and mother good-bye, and I will follow you.” Elijah answered, “Go back! What have I done to you?”

Elisha left him and, taking the yoke of oxen, slaughtered them; he used the plowing equipment for fuel to boil their flesh, and gave it to the people to eat. Then he left and followed Elijah to serve him.

1 Kings, Chapter 19.

I've always thought Elisha's actions baffling.  But they are not.  He was wanting to set out with Elijah, who had just anointed him his successor.  When he left the oxen and spoke to Elijah, Elijah seemed annoyed and told him to go back.

Yoke's were expensive, and so were oxen.  By burning his wooden yokes, there was no going back.

If this seems harsh, consider the similar lines from Luke in the New Testament:

As they were proceeding on their journey someone said to him, “I will follow you wherever you go.” Jesus answered him, “Foxes have dens and birds of the sky have nests, but the Son of Man has nowhere to rest his head.”

And to another he said, “Follow me.” But he replied, “[Lord,] let me go first and bury my father.” But he answered him, “Let the dead bury their dead.* But you, go and proclaim the kingdom of God.”

And another said, “I will follow you, Lord, but first let me say farewell to my family at home.”  Jesus said, “No one who sets a hand to the plow and looks to what was left behind is fit for the kingdom of God.” 

In modern American life we imagine we can always go back and most of us live our lives that way.  Had Elisha decided, well, I'll plow the field and bring in the crops and take up being a prophet later, he wouldn't have become a prophet.  Those setting a hand to the plow, and looking back, don't plow a straight row.

And so back to the main.

There's really no glory in trial work, in spite of what people like to imagine.  It's hard work.  If you win, your clients view the victory as theirs.  If you lose, it's your fault.  Everyone wins some and loses some, and moreover, wins some they should lose and lose some they should win.  It's so stressful that most civil litigators, truth be known, and this includes both plaintiffs and defendants lawyers, won't try a case.  Those who will tend to be a tiny minority, and we try lots of cases, because we will.  You get used to a lot of the things about it, but like the way Jock Lewes is portrayed in SAS, Rogue Heroes (stay tuned for a review shortly), some of that is suppression of anxiety rather than its elimination, although anxiety does indeed decrease with time.  People who run around claiming they love everything about a trial tend to be weirdos or liars, more often the latter than the former.

And, for what its worth, I've tried a minor case since this one.

Lex Anteinternet: Upon reaching 60

Lex Anteinternet: Upon reaching 60

Upon reaching 60

That's how old I am today.

When I was young.  I was about three when this photos was taken, maybe two.  My father was 36 or 37.

Americans like to debate at what age you are "old", with that benchmark, and the one for middle age, moving over the years to some extent.  Some go so far as to claim that the term doesn't mean anything. 

It does, as you really do become older and then old, at some point.

The United Nations categorizes "older" as commencing at age 60, something, given their mission, that would encompass the totality of the human race.  Some polling you'll see suggests that Americans regard it actually starting at 59 or 57.  Pew, the respected polling and data institution, noted the following:

These generation gaps in perception also extend to the most basic question of all about old age: When does it begin? Survey respondents ages 18 to 29 believe that the average person becomes old at age 60. Middle-aged respondents put the threshold closer to 70, and respondents ages 65 and above say that the average person does not become old until turning 74.

Interesting.

It is not like flipping a switch, and it doesn't really happen to all people at the exact same time.  I'm often reminded of this when I observe people I've known for many years.  Men in particular, I used to think, aged at a much different rate than women.  I knew a few of my contemporaries who were getting pretty old by the time they were in their 30s, and I know a few men in their 70s who are in fantastic shape and appear much younger than they really are.  I recall thinking, back when I was in my late 20s, that my father was getting older, but wasn't old, right up until the time he died at age 62.

Having said that, I’m often now shocked, I hate to admit, by the appearance of women my own age, again that I knew when they were young.  It's not like I know every girl I went to high school with, but I know a few of them, and some of them have held up much better than others.  In that category, some of my close relatives have really held up well.

Up until recently, I could say that I've held up well, but this past year has been really rough health wise. First there was colon surgery in October, followed by a prolonged medical addressing of a thyroid nodule which was feared, at first, to be aggressive cancer. Working that out is still ongoing, but that now appears much less likely, meaning that only half the thyroid will need to be removed.  

All of that has reminded me of Jesus' address to Peter:

Amen, amen, I say to you, when you were younger, you used to dress yourself and go where you wanted; but when you grow old, you will stretch out your hands, and someone else will dress you and lead you where you do not want to go.

John, Chapter 21.

Peter, by the way, was between age 64 and 68 when he was martyred.  St. Paul was over 60, it's worth noting, when he met the same fate.

It's been rough in other ways as well.  One thing is that, in spite of what people like to claim, your fate is really fixed by age 60.  You aren't going to leave your job as an accountant and become an Army paratrooper.1 If you are a paratrooper, you're going to retire now, as 60 is the military's retirement cutoff age.  If you've spent decades in the Army, and retire at 60 (most servicemen retire before that), you aren't going on, probably, to a career you don't have any strong connection with.

In my case, as I started to type out here the other day and then did not, as it didn't read the way I really wanted it to, I can now look back on a long career, over 30 years, and largely regard it as a failure, even though almost everyone I know would regard it as a success.  I won't get over that.  I'd always hoped to make the judiciary, but I'm not going to, and there's no longer even any point in trying.  I'm reminded of this failure every time I appear in front of one of the new judges and see how incredibly young they now are, and also when I listen to suggestions that the retirement age for judges be raised up to the absurdly high 75.

At age 60, if I were to go to work for the state (which I'm also not going to), I couldn't really ever make the "Rule of 85" for retirement.  As a lifelong private practice attorney, I'm now actually at the age where most lawyers look at their career, and their income, and decide they can't retire, some retreating into their office personality as the last version of themselves and nothing else.  I'm not going to become a member of the legislature, something probably most young lawyers toy with the idea of.  I'm not going to become a game warden, something I pondered when young.2  I'm way past the point where most similar Federal occupations are age restricted, and for good reason.

This is, work wise, pretty much it.

I said to myself, this is the business we've chosen; I didn't ask who gave the order, because it had nothing to do with business!

Hyman Roth, to Michael Corleone, in The Godfather, Part II ,

I'm also never going to own my own ranch, which was a decades long career goal.  I have acquired a fair number of cattle, but my operation is always going to be ancillary to my in laws at this point.  When I was first married my wife and I tried to find our own place, with she being much less optimistic about it than I. There were times, when the land cost less, that we could almost make, almost, a small place. We never quite did, and now, we're not going to.

Indeed, thinking back to St. Peter, I'm now at the age of "you can't", with some of the "can'ts" being medical.  I could when I was younger, but now I can't, or shouldn't.  Others are familial.  "You can't" is something I hear a lot, pertaining to a lot of things, ranging from what we might broadly call home economics, in the true economic sense, to short term and long term plans, to even acquisitions that to most people wouldn't be much, but in my circumstances, in the views of others, are.  Some are professional, as ironically it's really at some point in your 50s or very early 60s where you are by default fully professionally engaged, with that taking precedence over everything else, including time for anything else.

One of the most frustrating things about reaching this age, however, is seeing that you probably will never see how some things turn out, and you don't seem to have the ability to influence them.  I'm not, in this instance, referring to something like the Hyman Roth character again, in which he hopes to see the results of his criminal enterprise flourish but fears he won't live long enough to.  Indeed, I find myself curiously detached from concerns of this type that some people have.  I've noticed, for instance, the deep concern some aging lawyers have about their "legacy" in the law, which often translates to being remembered as a lawyer or their firm's carrying on.  I don't have those concerns, and indeed, taking the long view of things, I think it's really vanity to suppose that either of those wishes might be realized by anyone.

No, what I mean is that by this age there are those you know very closely, and you have reason to fear for their own long term fate, but you really don't have much you can do about it.  People who seem to be stuck in place, for instance, seem beyond the helping hand, and more than that, they don't really want, it seems, to be offered a hand.  People who have walked up to the church door but who won't go in as it means giving up grudges, burdens or hatreds, can't be coaxed in, even it means their soul is imperiled.  It recalls the last final lines of A River Runs Through It. .

I remember the last sermon I ever heard my father give, not long before his own death:

Each one of us here today will, at one time in our lives, look upon a loved one in need and ask the same question: We are willing Lord, but what, if anything, is needed? For it is true that we can seldom help those closest to us. Either we don’t know what part of ourselves to give, or more often than not, that part we have to give… is not wanted. And so it is those we live with and should know who elude us… But we can still love them… We can love—completely—even without complete understanding….

I guess that's about right. 

Footnotes:

1.  Or, I might note, a Ukrainian Legionnaire.  You are too old to join.

Interestingly, I recently saw an article by a well known, I guess, newspaper reporter who attempted to join the U.S. Army in his upper 40s.  He apparently didn't know that you are well past the eligible age of enlistment at that point.  He was arguing that there should be some sort of special unit made for people like himself, or like he imagined himself, well-educated individuals in their upper 40s.  Why should there be if you can recruit people in their 20s?

2. Wyoming Game Wardens were once required to retire at age 55, but a lawsuit some decades ago overturned that. It, in turn, was later overruled, but by that time the state had changed the system. Since that time, it's set it again statutorily, with the age now being 65 by law.  There aren't, therefore, any 67-year-old game wardens.

Statutorily, the current law provides:

9-3-607. Age of retirement.

(a) Any employee with six (6) or more years of service to his credit is eligible to receive a retirement allowance under this article when he attains age fifty (50).

(b) Effective July 1, 1998, any employee retiring after July 1, 1998, with twenty-five (25) or more years of service may elect to retire and receive a benefit upon attaining age fifty (50) as described in W.S. 9-3-610.

(c) Repealed by Laws 1993, ch. 120, §§ 1, 2.

(d) Any employee in service who has attained age sixty-five (65), shall be retired not later than the last day of the calendar month in which his 65th birthday occurs. 

Age limitations of this type are tied to physical fitness.  But what about mental fitness?  As mentioned here before, Gen. Marshall forcibly retired most serving U.S. Army generals, or at least sidelined them, who were over 50 years of age during World War Two, and that had to do with their thinking.  We now allow judges to remain on the bench until they are 70.  Would 60 make more sense?  And can the same argument be made for lawyers, who are officers of the court?

Lex Anteinternet: Moonlight Graham and other lessons. At some point...

Lex Anteinternet: Moonlight Graham and other lessons. At some point...

Moonlight Graham and other lessons. At some point, you are stuck in your career.

Maybe I don't watch enough television to catch them, or maybe the recent financial crises and the pandemic put the brakes on them, but there used to be a lot of financial planner advertisements based on the theme that you could retire into a new exciting career of some sort.  You know, you worked hard but invested wisely, and now you were a rancher in Monument Valley (where the locals probably regard you as an interloping menace).

M'eh.

Probably, the story of Archibald "Moonlight" Graham is more realistic.

Anyone who has watched Field Of Dreams is familiar with it.  Graham, we learn, played but a single season in the major leagues and got up to bat just once.  After that season, he chose to leave baseball, knowing, the film tells us, that he'd be sent back to the minor leagues, and he just couldn't stand the thought, so he opted to move on, pursuing a career instead of being a physician, an occupation that he occupied for over fifty years in Chisholm, Minnesota.

Graham was a real character, and really did play one season in the major leagues and really did go on to a very lengthy career as a physician in Chisholm, Minnesota.   The film, however, is centered on regrets, and Graham plays into that.

In the film, and presumably the book, the main protagonist is an Iowa farmer who starts hearing voices in his corn field.  At first, the voices have him build a baseball field, promising "if you build it, he will come". The "he" turns out to be Shoeless Joe Jackson, famously banned from baseball due to the 1919 Black Sox scandal.  Jackson brings in the Black Sox, who in turn start holding games against another ghostly team, given as they're all years past their deaths.  The voice returns and tells Kinsella, the farmer, to "ease his pain", which ends up taking him on a cross-country journey in which he picks up a self urban exiled urban author, Terrance Mann, and a trip to a ballgame, at which they see the statistics for Graham.  They go on to Chisholm, Minnesota, to find that he had died years earlier, only to find Kinsella nocturnally transported back to the early 1970s in which he encounters the elderly Graham, who in reality died in 1965.  Graham declines to go with Kinsella and Mann, noting that it would have been a tragedy if he'd only gotten "to be a doctor for one day", his having become so central to the lives of the town's residents.

But then, traveling back to Iowa the next day, they encounter a youthful hitchhiking Graham, who goes back to the field with them and plays on the team of ghosts, apparently actually in reality regretting his having been deprived of a major league career.

The entire move Field Of Dreams is about broken dreams.  It's all about regret.  Every character in the film is full of regrets.  Kinsella regrets having departed company with his father, a former professional ball player, on harsh terms and not getting to apologized before he dies.  Mann, a disenchanted author, regrets not having meaningful writing to carry on with.  Jackson regrets having been banned from baseball.  All of them feature redemption in the form of a second chance at redressing their regrets.

I love the movie, and always have, but it's a dark film in some ways.  Almost every single character in it, no matter how cheerful they are, and they're all cheerful, is laboring under monumental internal regrets.  They're provided a chance to banish the regret, but only through Devine intervention, allowing a redress across time.


Field Of Dreams isn't the only movie that deals with regret, and even Divine intervention, but it's the only one that I'm aware of in which average characters are plagued with it and can only address it in such an intervention.  The closest portrayal of a similar topic of which I'm aware is It's A Wonderful Life, in which the protagonist is about to kill himself after years of hard work at a saving and loan business he was basically forced into due to the untimely death of his father.  In that film, however, a hapless angel takes him back through the lives of everyone he touched to show him how much worse the lives of those he impacted would be had he not been there.  Mr. Holland's Opus is another work that has a similar theme, but with no Divine intervention, in which the dream of the protagonist is shattered by a personal tragedy, but his work, opus, becomes a huge impact on everyone around him.  I like both of those films as well, but not as much, and frankly find them dispiriting for all of the wrong reasons.1 I probably shouldn't, as the message of both is profoundly Christian and, well, perhaps this below best expresses it.


A film that takes a distinctly different approach from either is Will Penny, which is a great film.  In that film circumstances show an aging single cowboy, who has worked his entire life in that role, what life would have been like had he married and had a family that cared about him.  Right up until the end of the film it seems that, now that the opportunity seems to be unfolding, he'll take it, but as it turns out, knowing that it has in reality passed him by, he regrets his decision, but determines to ride off and live with it.  It's just too late.

Which brings me to this observation.

Recently, or so it seems to me, once you are over 50, and truth be known at some point earlier than that, unless your big planned career change is one involving only self-employment and doesn't depend much on your physical health, you're pretty much stuck with what you are doing.

The first time that really became evident to me in any fashion, oddly enough, was when I was in my 30s and practicing law.  My late mother had a friend who grew up on a ranch and had always wanted to return to his former life.  He'd had a long career as a banker, but now, in his 70s, he was trying to return with what was really a hobby farm.  He wasn't well enough to do it, and his wife was crippled, so their location out of town was imperiling her health.  My mother, who was extremely intelligent but often based her assumptions about somebody based on externals, kept referencing him as a "rancher", which he wasn't.  He was still employed at the bank, and it was a hobby farm that was failing.

He moved off of it soon after my mother first referenced him in conversation, and died soon thereafter.

Why, other than that it's always been obvious to anyone who knows me that my internal vocation is one that involves animals and wild country, she pointed that out, I don't know.  Probably as she conceived of him as somebody who had combined a city job, banking, with a rural vocation, "ranching" (actually farming), he was, to her, a model of what I could do.  My mother was always proud of the fact that I'd become a lawyer and quick to tell anyone that, even though its something I never bring up myself and tend to reveal, to strangers, only if asked.  That probably concerned her some as she wondered why somebody who had obtained such an admirable, in her view, professional degree would want to do something that in her personal experience was of a lower status.2  The point was made, as it seemed to make sense to her that a person could pursue agriculture as a hobby while admirably employed in a profession.

I viewed the banker as somebody who'd led an existentially failed vocation, banking, and was trying to make amends too late.

That's a pretty harsh judgement, but I've always been sort of "no quarters" in my view of some things, including myself.  Now, some 30 years later, I could easily say the same thing about me, and be quite correct.  I've had a long and respected career as a lawyer, which has not involved animals whatsoever, or wild country.  I've also been a stockman for most of that time, which does.  But my being a stockman is sort of a second activity, made possible as my in laws are the full time stockmen, and I'm part-time.  I don't regard that as a personal success, but a personal failure. There's no two ways about it.

For all of my time as a lawyer, I've dreamed of being a judge. That's the sort of dream that's puts you in Moonlight Graham territory as chances are, you aren't going to make it.  I first tried to make that switch when I'd only been practicing a few years, at which time, unbeknownst to me, experienced lawyers regarded that as impossible as you needed experience.

Later on I had the experience and applied several times, and passed by some as well.  I passed by one as I knew that somebody putting in was so close to an influential figure that he'd get it, which he did.  I hope that figure realizes that, even now, he's indebted to an accident of employment for his current position.  

The time I first came pretty close, I nonetheless didn't make it to one of the three finalist.  A friend did.  It was surreal, however, as I received calls from those close to the process informing me I should expect to be one of the three finalists.  I received direct information that I'd interviewed very well.  When I didn't get it, and another position soon came up, I was called by a host of individuals who were within the system and urged to apply, which I had not intended to do.  I did, and didn't make the finals again.

Over time, I've watched the process and realized that politics, which weren't really evident to me early on, played very much a part.  One Governor in this time frame had an expressed preference for appointing women, as he thought the bench lacked them and needed them.  Over time, it became apparent that women stood a much better chance than men of getting appointed.  Well, he's the chooser, so I guess he gets to choose as he will.

The more recent Governor has favored very young appointees and ones who had criminal law experience.  I'm no longer young, I'll be 60 next month, and I don't have criminal law experience.  Nonetheless, I put in one last time when I was probably 58.  Totally pointless.

Since that time, I've awkwardly appeared in front of the very young judge.  That judge may turn out to be great, but the judge confessed that the hearing we were at was the first of the type the judge had ever experienced, and the judge wasn't quite sure what to do.  I'll give that judge credit for that.  Not everyone would admit that.

Well, at 60, I'm not putting in anymore.  I'd have to retire at 70, and I'd never get selected.  Oh, well.

I'm not the only one in that position.  At least one other friend of mine has the same experience.  Whenever we've talked about it, we always express it in an "oh well", we didn't expect to get it anyhow, and we still have our careers.  But frankly, in my case, it's another career failure.  I'll go to my grave as a lawyer knowing that whatever I achieved, I didn't achieve what I'd hoped to, long ago.

Sic transit Gloria Mundi.

Being almost 60, I'm at the age where law journals have articles that claim people like me can have exciting second careers.  What they always entail, however, is some lawyer who moved from litigation combat to telling his younger lawyers how to engage in litigation combat, or some lawyer who moved from a big first into one that his son or daughter has, to mentor them.  I guess that's sort of a second career, but it really isn't.  It's more like going from being the team manager to the pitching coach.  You are still showing up wearing pinstripes and a ball cap for the team.  And frankly for the overwhelming majority of lawyers in the current legal environment, where it's hard to find a younger lawyer to even hire, it's not realistic.

What's notable about those articles is nobody ever suggests that any of the lawyers that they reference really were able to make a radical shift in the field.  None of the Old Hands, for instance, went from practice to teaching.  They keep practicing. At most, you see some who went from litigation to transactional within their firms.

And that's about as realistic as that gets.  Not that such a transition is meaningless, a lawyer I knew personally who practiced into his 90s had done a similar thing at age 60, and just all of a sudden.  The same lawyer, however, had wanted to be a doctor but found his dreams dashed by World War Two, during which he served in the Navy.  Coming back, the lost years didn't leave him time, he felt, to do what he wanted to do.  Indeed, everything about his educational path changed.

What this does do, however, is point out the reinforcing nature of occupations over time.  When the ABA, for instance, runs articles about second careers for lawyers, it's acknowledging that lawyers are looking for second careers, and telling them to stuff it, they're lawyers.  Not that this is a surprise as after a person has been practicing for a while, and I'm sure this is true of every other occupation, you're defined in that role.  I've ridden up to cow camps on trail after having been in the field for days, dressed as a cow hand, and covered with grime, only to be identified as "oh, you're the lawyer".  People who know me only casually from work, when they want to chat, open up topics on legal themes, assuming, logically enough, that what I'd really like to do in the evening while enjoying a cocktail (or more likely a Saturday afternoon at the hardware store) is chat about the law.

Societal expectations, therefore, become reinforcing.  You may have a diesel mechanics certificate, but if your prospective employer finds out you're a 50-year-old lawyer, or 40-year-old lawyer, forget it.  You're not getting hired as a diesel mechanic.

Radical changes, unless, again, they involve self-employment, age out.  I knew one lawyer who became a partner in a small drilling company, but that was a species of self-employment backed by the fact that a collection of business associated had the money, along with him, to invest to start up.  Another who had worked for years in a bank, then entered private practice, did it only briefly before returning to the bank. The brief taste of practice was enough.  One I personally knew dropped out of practice to become a teacher, and one I sort of knew did the same, but they were in their 40s at the time, with time still being available to them to do that.  Probably in their 50s, they wouldn't have been hired.

As I mentioned outdoor professions, one thing I'll note is that the Federal ones have age caps, in some areas, the Federal Government being an employer that can still officially do that.  State ones don't tend to have official ones, but they do have unofficial ones.  Federal ones tend to be based on retirement.  If you can't make 20 years by 60, you aren't getting in.  


One that surprised me recently, quite frankly, was the Ukrainian Foreign Legion.  Its age cap is 55, which is pretty old actually for entering military service, but it's only taking veterans (and only combat veterans, it claims).  Ukrainians men are liable for military service up to age 60s, but Ukraine isn't taking in any old soldiers from other lands.  That probably makes sense, really, as you don't know these guys and can't really vet them much before they show up.  Some vets of other armies, such as my self, are in pretty good physical health and probably could endure a combat environment just fine (maybe), others have grown sick, tired or fat, and couldn't.  There's no point in investing in somebody, whose going to die of a heart attack one week out.

Still, it's interesting as there are so many Western army veterans who trained to fight the very army the Ukrainians are fighting, more or less.  We didn't, thank goodness, fight them in the 80s, and we're not going to be fighting them, it appears, now.

Interestingly, the Canadian Army takes in older enlistees now.  I don't know how old, but the cutoff age is something like 57 or 58.  But those enlistees have to make it through basic training in the Canadian Forces.  Apparently Canadian soldiers are part of the general Canadian government old age pension system, and the Canadian government figures they can get a couple of years out of any who make it through basic, which is probably about what they get out of an average enlistee anyway.

As we live in the age of certification, many jobs that were open to people 30 years ago, when I first started practicing law, have had the doors slammed shut if you don't have perfect certification.  I know of one such field that loosely interpreted its certification requirements 30 years ago and now very strictly construes them. 

Added to that, of course, is the impact of income and influence of disbelief.  A professional changing jobs may be enamored with the idea of it, but it's pretty likely that his family, most particularly his spouse, isn't.  That's also why most of the real changes, such as for example the instance I know of in which a lawyer became a fireman, happen pretty early in careers.  Most professionals don't make the loot that people think they do, particularly when they start out, unless they're recruited into a really high test outfit.  Indeed, the one fellow I know who fits that description looks so stressed all the time, I wouldn't be too surprised if his heart just burst out of his chest in a deposition, and he died on the spot.  For most younger lawyers/doctors/accountants, etc., they're not pulling in the big bucks early on.  At that point, obligations aside, they can make a change as they aren't going to be hurt on a day-to-day basis much.

Obligations, however, change options enormously.  Student debt keeps a lot of people in jobs as they have to pay for their educations.  By the time they have the debt paid off, chances are they have a family and a mortgage, and that keeps them in place.  Most spouses have a low tolerance for dropping family income enormously and while early on couples may endure hardships bounded together by true love, later on the spouse who isn't proposing to drop household income will regard it as insane, bound down by practicalities and perhaps duty to the offspring of the marriage.  Shakespeare claimed that "conscience does make cowards of us all", but debt and expenditures have a big role in that.

So too has the return to long family ties of the pre World War Two era and the insurance system of the post World War Two era.  Couple of the 50s, 60s and 70s pretty much saw their children blast into independence as soon as they were 18, and more than a few families didn't feel the slightest bit of guilt about basically kicking children out into the cold world once they were that age.  It was quite normal.  Now it isn't, but then it really wasn't before 1940 either.  Be that as it may, that has brought about a return to the situation in which the family bread winner retains some financial responsibility all the way into his kid's late 20s, which not only means late career, but it can be career extending, as people can't quite what they are otherwise doing.  I know that I wanted my father to retire when he hit 60, and he wouldn't.  But I'd been paying my own freight by that time, at least partially, for quite a while and knew that I could pull it all.

Or so I thought.  He probably didn't think that, making him an example of somebody who probably was looking at things just the way I do know, right up until he died at age 62, having never retired.

Insurance is another matter.  In the American system you can go on Medicare at age 65, but prior to that, health care is your own problem, and it's expensive.  It interestingly gets expensive for most people right about the time that you really need it for the second time in your life, the first time being when women are of child bearing years.  Switching from one job to another, where health insurance is covered in one, and isn't in another, is pretty hard for most people. Quite a few people keep on keeping on for years until they qualify for Medicare.4

And self-determination, which a lot of us aren't that good at, plays a major role.  You are always faced with decisions when they come up, and you make them, usually, on what is important right then.  Personally, the door did open for me to an outdoor career with an agency right after I had become engaged.  It involved a massive income drop and a very uncertain future, as it started off with a temporary position. The responsible thing to do, it seemed to me (and it would seem to most) was to forego it, which I did.

Twice wars came up after I had left the National Guard, and in both instances I tried to get in them.  That has something to do with being trained to fight.  In the first Gulf War I made contact right away with my old Guard unit, but it wasn't called up as it had just switched from heavy artillery to rocketry and wasn't combat ready.  The second time I contacted them as well, and then a Colorado infantry unit being deployed, but the first one wasn't called up, and the second one didn't need any artillerymen.  As the wars dragged on, it just didn't seem like there was a real reason to join, and I didn't.  The door, however, was open in that second instance and I didn't walk through it. At some point it slammed shut due to age, just has it has now for the Ukrainian forces.  Немає (no) you are too old, age cap at 55.  Будь ласка? (Please?).  Nope, but here's some equipment we need you can buy.  (Seriously, they suggested some sort of optical equipment, or a drone.  I dread to think how much a drone might cost).

And so, the lesson's learned?


Édith Piaf famously sang Je Ne Regrette Rien, but if you look at her life, I'll be she did, and plenty of them.  Not that she's a model of an average or even somewhat typical life.  Moonlight Graham probably is in many ways, which is probably why the character appeals so much.  Maybe everyone watching Field Of Dreams feels that way a little.  Maybe not, but I'll bet plenty identify with that character more than any other in the film.

I don't know if most men really lead lives of quiet desperation, but I do suspect that a lot of people highly respected in their careers have unresolved paths they didn't take.  That doesn't mean that they didn't enjoy their careers.  It may mean they have large or small reservations about the paths they took.  I can't even begin to count how many times clients and litigants have told me "I wanted to become a lawyer" (or, pretty often, "I wanted my son to become a lawyer"), followed by a "but".  I've known professionals who didn't follow up on professional sports opportunities, who had been in military service and then gotten out, who had left farms and ranches, or who had thought about becoming a Priest or cleric, and didn't, all to some element of regret.  Indeed, with big callings, like the Priesthood, it probably downright haunts them.3

For those who recall it, people may imagine themselves singing Je Ne Regrette Rien, or maybe the defiant My Way, but Truckin is probably more like it.

The other lesson may be that the common American claim that you can start off doing one thing, and do anything else, is a lie.  

If it's not an outright lie, it comes with an expiration date.  Once you are 50 years of age, you are doing what you are doing, most likely, and you won't be getting out of it any time soon, if ever.

And this:

Well, you know I... I never got to bat in the major leagues. I would have liked to have had that chance. Just once. To stare down a big league pitcher. To stare him down, and just as he goes into his windup, wink. Make him think you know something he doesn't. That's what I wish for. Chance to squint at a sky so blue that it hurts your eyes just to look at it. To feel the tingling in your arm as you connect with the ball. To run the bases - stretch a double into a triple, and flop face-first into third, wrap your arms around the bag. That's my wish, Ray Kinsella. That's my wish. And is there enough magic out there in the moonlight to make this dream come true?

Not without Divine intervention, there isn't.  And even as the movie portrays, decisions made in the past cannot be undone.  Graham reconciles it with 

Son, if I'd only gotten to be a doctor for five minutes... now that would have been a tragedy.

My wife sometimes makes the same point about my career, with "all the people you've helped".  But then, this too:

 We just don't recognize life's most significant moments while they're happening. Back then I thought, "Well, there'll be other days." I didn't realize that that was the only day.

Footnotes

1.  I'm afraid that I'm an oddity with some films this way.  Shane, the classic Western in which the protagonist comes back out of retirement in order that besieged farmers aren't run off by cattlemen, is an example.  I know how the film ends, but I always hope that the cattlemen will win, and the wilderness they represent preserved.

2. My mother was not from here, and didn't hold farmers and ranchers in low esteem, but rather held professionals in very high esteem.  Her family had members who had been doctors, lawyers and engineers and she regarded this as having achieved a certain status.  A lot of people of her generation viewed the professions that way, and frankly, quite a few people still do.

She also tended to view being a lawyer as proof of high intelligence, which it really is not.  A Democrat, she'd frequently give a reason to support President Obama as "he's intelligent. . . he's a lawyer".  President Obama is intelligent, and he is a lawyer, but in reality, there are lots of fairly dim lawyers.

3.  Indeed, that's one of the ones that's most openly expressed.  I've known lawyers who, once they know you fairly well, will discuss having been in the seminary, or who wanted to be Priests, and it's a different conversation.  It's always pretty clear that they're downright haunted by their change into the law, no matter how much success they may have had in it. Conversely, I've known one Priest who had been a lawyer and at least one who had originally intended to be, who had no regrets whatsoever about their change in paths.

Of interest here, there's often an age limit to attempting to revive a vocational call.  Canon Law in the Catholic Church sets no age limit to becoming a Priest, but many dioceses do, and for good reason. Training a Priest takes nearly a decade.  While I can think of stories of some "older" men becoming Priests, in reality, they were middle-aged men when they started off.

Likewise, there's a limit on trying to become a Catholic Deacon, a vocation that's spread enormously in recent decades.  In our Diocese, the provision is:

The minimum age for a single man to be ordained to the permanent diaconate is twenty-five (25) years old, and thirty-five (35) years for married men. Maximum age to enter the Diaconal Formation Program is fifty-five (55) years (age 60 at ordination), unless the Bishop allows an exception. 

Sixty is surprisingly late, quite frankly, and I wonder if this has been recently moved as I thought the age limit lower, although not much.  Be that as it may, I know this only because at one time our African Parish Priest sent out letters to several men whom he thought would be good Deacons.  I was one.  I was flattered by the letter but knew I wasn't called, but I did pray on it.  I'm not called, working on my own defects is a full time enough job as it is.

4. The combined impact of insurance and family responsibilities in the current era is enough, in and of itself, to quash a lot of late career transition dreams.  Before Medicare, many people are hard locked into careers due to the need to keep their insurance.  Changes in the law, over time, have also meant that parents pay for their adult children's insurance well into their 20s.  Changing careers that involve insurance disruption is darned near impossible for many people.

And it likley would be for me, after my health issues of last year and their carryover inot this year.

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"If this is a time to rest and recover, then be sure and do so without guilt."

If this is a time to rest and recover, then be sure and do so without guilt. God made rest a part of His commands to us.  Enjoy the joy and remember that He made us human beings, not human doings. 

Fr. Joseph Krupp.

Fr. Krupp's Facebook post here was synchronicitous for me.

I didn't take much time off last year.  And my not taking "much", what I mean is that I took three days really off, just off, because I had surgery and was laying in the hospital.

That's not really good.

I'd like to claim that it was for one reason or another, but truth be known, i'ts something I imposed upon myself.  And I do this every year.

Indeed, I'm much worse about it than I used to be.

All the things you hear about not taking time off are 100% true, if not 200%.  You become less efficient, for one thing.  And if you work extra hours, sooner or later, you'll acclimate yourself to working the extra hours to the point where you need to. That's become your work life.

Christmas in my work place essentially always works the same way.  We work, normally, the day before Christmas, December 24, until noon. At noon, we dismiss the staff and all go to a collective lawyer's lunch.  That institution is, I think, a remnant of an earlier era in our society in general, when it could be expected that most professional institutions would remain a certain size and everyone who worked there would have a sort of collegiality.  It sort of recalls, in a way, the conditions described by Scrooge's original employer in A Christmas Carrol, in the shop run by Mr. Fezziwig.

This use to really prevail in firms when I was first practicing.  I recall being at lunch on December 24 at a local club restaurant in which other firms would also be there.  Everyone was doing the same thing.  I haven't seen another firm at one now, however, for years.  Maybe they just go somewhere else, but I sort of suspect that they're not doing it.

Well, good for us. It's hard not to have a certain feeling of sadness about it, however, as three of the lawyers who once were part of that are now dead.  Others have moved on long ago.  New faces have come, of course.

Anyhow, that institution sort of ties up the afternoon of December 24, but it's an afternoon off.   If you are a Catholic with a family, it's always been a bit tight, as we normally go to Mass on Christmas Eve and then gather after that. Christmas is obviously a day off, as is Boxing Day, December 26, although most Americans don't refer to Boxing Day by that name.

This year Christmas came on a Sunday, which was nice as it made December 23 the day of the lunch and effectively an extra day off.  We took, of course, Boxing Day off.

Sometime in there, I began to wonder why I hadn't taken the whole week off.  With just three days off, beyond Sundays, and having worked most of the 52 Saturdays of the year, I should have.  I had the things done, pretty much, that I needed to get done.

What was I thinking?

If this is a time to rest and recover, then be sure and do so without guilt. God made rest a part of His commands to us.  Enjoy the joy and remember that He made us human beings, not human doings. 

Well, I'm actually at the point, in spite of myself, that I'm so acclimated to going to the work that I feel guilty if I take time off.  And frankly, the Internet hasn't helped much.  On the afternoon of the 23d, I received a text message asking me if I was working that afternoon.  I wasn't, and they were gracious about it, but this is how things tend to be. It's hard to actually escape the office.

On Boxing Day I went goose and duck hunting.  Conditiond were great.


I should have had my limit of geese and ducks, but I shot like crap.  It'll be part of an upcoming post, maybe, but my hunting season has been messed up due to surgery.


I was going to go with my son, but events conspired against it, so it was just me and the dog.  

Earlier this year, my wife had us buy a bigger smoker. We had not had one until fairly recently, when we won one at a Duck's Unlimited banquet.  That one is a little traveling one, sort of a tailgating smoker, and can work from a car's battery system.  You can plug it in, and we've enjoyed it, but due to its size, we decided to get a bigger one and did.  It's been great.

This was my first occasion actually using it, something necessitated by the fact that our oven is more or less out due to some sort of weird oven thing that happened to it which will not get addressed until sometime this week.  Besides, I'd been wanting to try smoked waterfowl.



It turned out great.  I should have taken a picture of the finished bird, but I didn't.  Maybe one of the top two roasted geese I've ever had.


Anyhow, I should have taken this whole week off, but didn't.  I may take some time later this week, however.  

It's been a really long year.


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Lex Anteinternet: "We all do things we said we never would"

Lex Anteinternet: "We all do things we said we never would"

"We all do things we said we never would"

So said a sticker that was on a car that belonged to somebody who parked in the same parking lot I've been parking in for 30 years.  The quote was attributed to "Soccer Mom".

For some of that 30, I've parked a real car there.  The cars were, in order of ownership, a 1954 Chevrolet sedan I once owned, a 1973 Mercury Comet, and a 90s vintage Mercury Cougar.  The Chevy I bought when I was still a college student.  I loved it, but owning it turned you into a part time mechanic and I didn't have the time. Additionally, at the time I sold it, I also had the Comet, which I had inherited, which was a nicer and more modern car.

I regret selling the Comet, but I did just that when we had our first child as I was able to buy a 1995 Ford F250 diesel for a good price, part of which was trading the Comet and a F150 to the person who sold it to me.  I  had too many vehicles anyway, I thought, and it was a good deal. The Cougar came along later when we picked it up from a friend of my wife's.  It had a lot of miles on it but it was in good condition and I drove the stuffing out of it, even though the heater didn't work.  

Otherwise, I've driven 4x4s to work.

Often they've been pretty heavy duty ones that could do ranch work as well as sporting transportation.  More recently I've added an old Jeep.  The Jeep is my current daily driver, but my Dodge D3500 4x4 takes me to work a fair amount and to out of town work when I go out of town.  None of these vehicles is new by a longshot.

Most of them look like I'm ready to go pull a trailer full of bulls or go into the hills. But there they are, in the parking lot.

The point of the quote above?

Today is the opening day of turkey season.

I won't be going today. The weather is awful anyway, cold and lots of snow on the ground, but that's not the reason why.  

I'll be heavily engaged in work.

When I was first practicing law, I cancelled an elk hunting trip here in the state (a Wyoming type of trip, not a guided something) as a partner in the firm assigned me something that conflicted with it.  Another partner later apologized and noted that one of the advantages of being a lawyer was "the illusion that you could take time off when you wanted to."  I've found it to be just that, an illusion.

I've been introspective a lot recently.

An old friend. . . my oldest friend, reminded me the other day that when we were in high school I maintained I'd never have a job in which I'd wear a tie.  The conversation came up as we were at a funeral, his son's funeral, and he wasn't wearing a tie as his son always tied it for him.  He doesn't wear them often.  I was wearing one, and I know how to tie one, as I wear them so often.

My youthful declaration about ties was because I didn't want an indoor job.  At that time I was going to be a game warden.  I've written about that before, so I'll forgo doing so again, but I didn't take that path.  Instead I pursued geology, but the bottom fell out of that.  Then I went into law.  I didn't know much about the practice of law and I didn't know any lawyers.

A different friend of mine, who is a lawyer and who is married to a lawyer maintains that law was the only occupation, other than the clergy, that would suit me, and as I'm Catholic, and married, obviously the clergy wouldn't be for me (unless, of course, I was Easter Rite, but that's another story).  Religious are called in any event, and I lack that calling.  Anyhow, that fellow is a German and has a more ordered sense of the world, I think, than I do.  Maybe he's right.  I hope so, and that would give an element of necessity to the otherwise complicated way we govern or our lives.

At any rate, as a lawyer, I've been a litigator.  It's not that I pursued that, but fell into it.  Lots of lawyers used to say that "the law is a jealous mistress", meaning it would take all your time, and whether or not that's true of all branches of the law, its certainly true of litigation.

Or perhaps my personality just works towards devotion to duty and work over anything else.  But after two weeks with two untimely deaths, thinking back on the younger me, I've found that the sticker has been true to my personality more than I would have ever have guessed.

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