Showing posts with label Mid-Week at Work. Show all posts
Showing posts with label Mid-Week at Work. Show all posts

Lex Anteinternet: The idea of a vocation.

Lex Anteinternet: The idea of a vocation.

The idea of a vocation.

The idea of vocation attaches to work a cluster of other ideas, including devotion, skill, pride, pleasure, the good stewardship of means and materials. Here we have returned to intangibles of economic value. When they are subtracted, what remains is ‘a job,’ always implying that work is something good only to escape.

Wendell Berry.

Lex Anteinternet: Working outdoors

Lex Anteinternet: Working outdoors:

Working outdoors

I was recently asked for some career advice, and I have a long post on that topic I may, or may not, post, but it's sort of related to this.

We have another thread up here on Working With Animals, the basic point of it being that there were, even fairly recently, (within the last century) a lot of jobs where people worked with animals.  Just recently it occurred to me, however, how many jobs there once were that were outdoor jobs that no longer are.


Indeed, it seems as if the entire western world has moved indoors, and not for the better really.

Working outdoors is something that a lot more people experienced on a daily basis than they do now.  Prior to the heavy mechanization of agriculture there were a lot more farmers and ranchers, for example.  People like freighters worked outdoors.  Policemen did. They still do, but at that time, they were truly outdoors.  Even people you wouldn't associate with outdoor careers, like lawyers and doctors, actually traveled locally a fair amount, in a way that was truly outdoors.

I don't think there's any replacement for being outdoors, and working inside and never seeing more of the outdoors than the space between the office and the car, or the parking lot and the store, isn't a good thing.  Of course, people know that, but what most people do, and even have little other choice but to do, is to replace being outdoors by necessity or vocation with a sort of anemic substitute.  I'm not blaming them, but an hour in a small city park in the middle of downtown isn't really being outdoors, in a true sense.  It's better than nothing, but it isn't the same thing.

I'm sure that in some sense all this indoors has a negative impact on our physical and psychological health.  With a nation in which so many are indoors, all the time, that's a fairly disturbing thing.

Lex Anteinternet: Distributist Notes. Note 1. Distributist Notes. Note 1. A distributist or more distributist society makes democracy work.

Lex Anteinternet: Distributist Notes. Note 1. A distributist or mo...

Distributist Notes. Note 1. A distributist or more distributist society makes democracy work.

The more money that is vested in a middle class, with a very broad middle class, and the less that's vested in remote corporate boardrooms, means that the economy itself is vested at the widest possible self-sustaining level.

Jefferson's yeoman, so to speak.

"San Augustine, Texas. A meeting of the town council to discuss buying a new water tank to replace the one which was destroyed by the March tornado. Left to right around the table: Troy Mitchell, city manager; J.W. Ritchie, tinner; H.D. Clark, department store owner; Mayor Alonzo Rushing, druggist; Mr. Ramsey, city attorney; R.V. Hall, grocer; Clyde Smith, grocer; and Frank Phillips, city secretary".  April, 1943.

Conversely, if your economic well-being depends on a giant corporate employer with headquarters far away, you will none the less be inclined to vote their interests, irrespective of whether they are your own.

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: Blog Mirror: Harvard Business Review; What So Man...

Lex Anteinternet: Blog Mirror: Harvard Business Review; What So Man...:  

Blog Mirror: Harvard Business Review; What So Many People Don’t Get About the U.S. Working Class

 From the Harvard Business Review:
My father-in-law grew up eating blood soup. He hated it, whether because of the taste or the humiliation, I never knew. His alcoholic father regularly drank up the family wage, and the family was often short on food money. They were evicted from apartment after apartment.
Worth reading.

And why its worth reading:
For months, the only thing that’s surprised me about Donald Trump is my friends’ astonishment at his success. What’s driving it is the class culture gap.
Seems like I read that elsewhere. . . oh yeah.  Here.

And this:
“The white working class is just so stupid. Don’t they realize Republicans just use them every four years, and then screw them?” I have heard some version of this over and over again, and it’s actually a sentiment the WWC agrees with, which is why they rejected the Republican establishment this year. But to them, the Democrats are no better.
Both parties have supported free-trade deals because of the net positive GDP gains, overlooking the blue-collar workers who lost work as jobs left for Mexico or Vietnam. These are precisely the voters in the crucial swing states of Ohio, Michigan, and Pennsylvania that Democrats have so long ignored. Excuse me. Who’s stupid?
This article refers to a couple of books, Limbo and Hillbilly Elegy.  I'd only heard of one.  But there's something they are on to, even if I'd refine the thesis.  Here's the Amazon synopsis for Limbo:
In Limbo, award-winning journalist Alfred Lubrano identifies and describes an overlooked cultural phenomenon: the internal conflict within individuals raised in blue-collar homes, now living white-collar lives. These people often find that the values of the working class are not sufficient guidance to navigate the white-collar world, where unspoken rules reflect primarily upper-class values. Torn between the world they were raised in and the life they aspire too, they hover between worlds, not quite accepted in either. Himself the son of a Brooklyn bricklayer, Lubrano informs his account with personal experience and interviews with other professionals living in limbo. For millions of Americans, these stories will serve as familiar reminders of the struggles of achieving the American Dream.
And here it is for Hillbilly Elegy, which seems to take a darker view, but which is focused, really, on Appalachia, I think (based on an interview I heard of the author):
From a former marine and Yale Law School graduate, a powerful account of growing up in a poor Rust Belt town that offers a broader, probing look at the struggles of America’s white working class.
Hillbilly Elegy is a passionate and personal analysis of a culture in crisis—that of white working-class Americans. The decline of this group, a demographic of our country that has been slowly disintegrating over forty years, has been reported on with growing frequency and alarm, but has never before been written about as searingly from the inside. J. D. Vance tells the true story of what a social, regional, and class decline feels like when you were born with it hung around your neck.
The Vance family story begins hopefully in postwar America. J. D.’s grandparents were “dirt poor and in love,” and moved north from Kentucky’s Appalachia region to Ohio in the hopes of escaping the dreadful poverty around them. They raised a middle-class family, and eventually their grandchild (the author) would graduate from Yale Law School, a conventional marker of their success in achieving generational upward mobility.
But as the family saga of Hillbilly Elegy plays out, we learn that this is only the short, superficial version. Vance’s grandparents, aunt, uncle, sister, and, most of all, his mother, struggled profoundly with the demands of their new middle-class life, and were never able to fully escape the legacy of abuse, alcoholism, poverty, and trauma so characteristic of their part of America. Vance piercingly shows how he himself still carries around the demons of their chaotic family history.

A deeply moving memoir with its share of humor and vividly colorful figures, Hillbilly Elegy is the story of how upward mobility really feels. And it is an urgent and troubling meditation on the loss of the American dream for a large segment of this country.
I don't agree, off hand, with all of the apparent conclusions of these books are, but there's something, well more than something, to the concept of the middle class having roots in a different world than the upper middle class does, and that's significant.  Part of it is for this reason, noted in the article:
“The thing that really gets me is that Democrats try to offer policies (paid sick leave! minimum wage!) that would help the working class,” a friend just wrote me. A few days’ paid leave ain’t gonna support a family. Neither is minimum wage. WWC men aren’t interested in working at McDonald’s for $15 per hour instead of $9.50. What they want is what my father-in-law had: steady, stable, full-time jobs that deliver a solid middle-class life to the 75% of Americans who don’t have a college degree. Trump promises that. I doubt he’ll deliver, but at least he understands what they need.
Right on point.  But there's another item here, where at least locally, I think she's off point, but it leads to a significant point nonetheless.
One little-known element of that gap is that the white working class (WWC) resents professionals but admires the rich. Class migrants (white-collar professionals born to blue-collar families) report that “professional people were generally suspect” and that managers are college kids “who don’t know shit about how to do anything but are full of ideas about how I have to do my job,” said Alfred Lubrano in Limbo. Barbara Ehrenreich recalled in 1990 that her blue-collar dad “could not say the word doctor without the virtual prefix quack. Lawyers were shysters…and professors were without exception phonies.” Annette Lareau found tremendous resentment against teachers, who were perceived as condescending and unhelpful.
At least by my observation, blue collar people don't actually resent professionals uniformly, although they sometimes do as a class (particularity in regards to lawyers). They tend to think that professionals in some categories, well lawyers again, don't really work.  I had, for example, a really working class client I rarely do work for call up the other day and say, as a half joke, "well get your feet off the desk and get back to work. . . " when he called, a joke he repeats every time he calls.  But at the same time law and medicine have long been viewed as the escape hatch from the lower middle class to the upper middle class by lower middle class families.

But that element of struggle, noted immediately above, actually was and still sort of is there.  When I was young a huge number of the professionals I knew had parents who were very blue collar or had been farmers and ranchers.  And, in terms of outlook, those professionals really basically remained at or near those classes themselves.  This even went on to the next generation, and I'd put myself in that category and I'm not the only one I know.  It may seem odd, but there are a lot of lawyers my age, 50 and up, who tend to be more naturally comfortable in a social setting with farmers and ranchers rather than people who are in the high dollar business world, even if they work in the high dollar business world themselves (which doesn't mean they are uncomfortable with the latter).  And at the same time, more comfortable doesn't mean comfortable, as one thing that any lawyer, and I imagine doctor, finds out is that once you have obtained that status, you will never be looked at the same way again by your blue collar fellows.

Still, it's interesting to think that even now, and particularly for men my age and up, being a professional might still mean that your outlook on many things is defined by that and retains at least one foot there.  An odd example of that is in terms of automobiles.  My father always drove a pickup truck as his daily driver and I've always driving a four wheel drive.  I have two regular vehicles I use myself now, one being an old Jeep, and the other an aging Dodge D3500. That latter vehicle is my best one (I'm not counting the vehicle my wife drives, which I do not usually).  It's a 1 ton 4x4 truck.  I occasionally have younger lawyers express amazement at my driving it, but I use it for hauling horses and cattle as well, and I've never not had a fairly plain 4x4 truck.  And this isn't uncommon for older lawyers here.  I've always been amazed by the amazement, but when I look at what they're driving, I see they're driving something rooted in the more urban professional world than I am.

I note all of that as what I think this analysis lacks is that for a lot of people in the middle class the call is truly back to another world.  Just because the younger kids had to leave the farm or ranch doesn't mean that mentally they ever did.  The likes and dislikes of the sons of machinist and boilermakers often remains exactly what their parents were.  I once had a hugely successful Dallas lawyer lament his life and career there, then excuse his choice in the same manner that Arnold Rothstein did in the Godfather, "This is the life we chose".  But all of that may mean that the entire culture is looking back more than many suppose.

Lex Anteinternet: Lex Anteinternet: Monday at the Bar: The best of ...

Lex Anteinternet: Lex Anteinternet: Monday at the Bar: The best of ...:

Lex Anteinternet: Monday at the Bar: The best of both worlds: Rodeo...

From Opal Harkin's Instagram. The sentiments on the mortaboard are quite correct.  FWIW, it's a little unusual to see mortorboard for a law school graduation, more typical is a certain sort of old style beret.

Earlier this week, I ran this post:

Monday at the Bar: The best of both worlds: Rodeo and law live side by side in the life of CNFR competitor

 

The best of both worlds: Rodeo and law live side by side in the life of CNFR competitor

When I did so, I did it without commentary.

Didn't have the time to comment.

Opal Harkins (what a delightful old school name), has had an impressive rodeo career, and a pretty impressive academic one as well.  Included in that academic career, she's just completed attending law school.   That's what made me curious, as it's really unusual.

It would not, quite frankly, be easy to go to law school and be on a rodeo team, although one of the members of my law school class was a place kicker (or whatever the kicker on a football team is called) for one year on the UW football team, and one of the members of my father's dental school class was also a rodeo team member for his university, and a very accomplished one at that.  The latter, I'd note, would be even more difficult than going to law school and being on a rodeo team.

So, it's possible.

Opal Harkins had a long association with rodeo, and did throughout her academic career.  She was, for example, the National High School Rodeo Queen for 2016-17, which I only know due to this story.  Oddly enough, she was sort of homeschooled, although through what I'd call remote schooling for high school students, which means she studied from home, but through an online program run through a Montana university, but had home school aspects.  Indeed, when I read it I thought it was probably because she came from a remote ranch, but that doesn't seem to be the case.

The five Harkins siblings are memorable for their talents alone – but their unique names contribute to their trademark as well. The three oldest siblings are boys: Odis, Othniel and Ogden, followed by two girls: Ouana and Opal.

“The story is that in my mom’s family, their names all start with “Sh” and my dad’s brothers and sister all start with “J,” says Harkins. “Odis was named after my great-grandpa, and after that, they had to keep the tradition up and find
“O” names for all the rest of us.”

Like the rest of her siblings, Harkins was homeschooled until 7th grade, when she had the choice to attend public school, which she did for a year. “My parents decided to homeschool all of us so they could be in control of what we were being taught,” says Harkins. “They wanted to be the main influence in our life and didn’t want it to be teachers or other students.” They learned through a Christian curriculum, including taking Bible classes since they were young.

The homeschool flexibility worked perfectly for a family that loved to rodeo together.

“We had schedules when we were all homeschooled together, we would work ahead on cold days and then ride all day on warm ones,” she says.

Now, technically a junior in high school, Harkins is again homeschooling and also taking college courses through the Montana State University – Billings High School Connections program. When she graduates high school, she will also have an associate’s degree in English.

“Being homeschooled is the reason why I am where I am in college right now,” she says. “It taught me to be self-motivated, and being able to take high school classes when I was in 8th grade is the reason why I was able to start college my freshman year of high school.”


Following graduating from that, she went on to university and then on to law school, staying in rodeo the the entire time.  She obtained a big following in her high school years, with one print commentary calling her "a natural doe-eyed beauty", something I wouldn't have expected to see in print following the 1940s.

There's a number of Harkins who are lawyers in Billings, and she's likely (well. . .is) the daughter of one of them.  So she's basically following in her father's footsteps.  I wonder, in fact, if she'll hang her shingle there.

There are a lot of negative things posted here about the practice of law, without a doubt, including some comments about how lawyers themselves, surrendering their professionalism to their wallets, and law schools, having churned out vast numbers of lawyers in the 60s and 70s, have caused the profession not to be that.

And those comments are deserved.  

A former president of the Wyoming State Bar had a "proud to be a Wyoming lawyer" campaign at one time.  Well, that was before the UBE meant that a lot of those lawyers never darkened Wyoming's border.  Plenty of "Wyoming lawyers" today are Colorado lawyers, or Utah lawyers, or Texas lawyers, and that's for the money.

What else would it be for?

But in fairness, law has and still does provide a means for a lot of rural people to make an in town living. And a lot depends on the type of law a person does.  Litigation is one thing, estate planning quite another.  Domestic relations, something else.  As a child of a lawyer, perhaps she knows which direction she's headed.  A lot of new law school grads really don't.

One of the things noted in the article was this:
One day, she’ll have a career that will allow her to continue rodeoing, she’ll be able to afford her own nice trailer and nice horses.
I'm inclined to say, don't bet on it.  And don't bet on having the time to be able to enjoy, well, pretty much anything of that type.  But maybe I'll be wrong, and indeed lots of lawyers I know manage to do just that.  And that says something about matching a career to a personality, something there is very little effort to do, at least by my observation, for law students.  

Well, anyhow, remarkable story.

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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