A sort of Agrarian Manifesto. What's wrong with the world (and how to fix it). Part 5a. What would that look like, and why would it fix anything, other than limiting my choices and lightening my wallet? The Distributist Impact. The Professions.

 

We'll look at that a bit later.  Let's turn towards the agrarian element next.

So we said last time and now, well now we're not doing that.

The reason is that I didn't really dwell on this topic, and it matters.

In the era in which I was a kid, up through my kid's early years, if I needed to go to a physician or dentist, they were local, usually with individual practices.

With physicians, that's now radically changed.  My physician is the same one I had twenty years ago, but his practice is part of a larger practice that covers two cities.  They had to do that in order to continue to really keep operating, and there were other consolidations prior to that.

The local hospital was owned by the county. There's been complaints about it since I was a boy, but not like there are now. The County Commissioners sold it to a national company.* 

Thirty years ago, when I was first practicing law, all of the law firms were Wyoming firms, something that was reinforced by the fact that we had a state specific bar exam.  The Supreme Court sold us down the river on that, with there being a persistent rumor that this was to aid a struggling UW law school.  The admission was made "transportable" in that a person passing the Un-informed Bar Exam in another state could simply pay their toll and practice here.  That transported much of the work to Colorado.  Over time, that, and technology, have destroyed small town practice to the extent that many small towns and cities in the state no longer have lawyers in many significant areas of practice.  One major I80 city in Wyoming will soon lack any lawyers doing civil litigation or serious general civil work.  When I started, and I'll note at that time that city was in extreme economic distress, it had two major law firms doing that work within it.

So this is an aspect of Distributism that would change things as well, and which could very easily be implemented simply be restoring a state specific bar exam.  Better yet, residency requirements of some sort should be implemented. Beyond that, the corporate packing up of the professions, like the corporate packing up of retail, could and should be eliminated.

That would restore local professions.

And that restoration would be that professionals in this area would quite frankly make less, but have more stable practices, which would benefit their clients/patients for the good of all.

Last prior:

A sort of Agrarian Manifesto. What's wrong with the world (and how to fix it). Part 5. What would that look like, and why would it fix anything, other than limiting my choices and lightening my wallet? The Distributist Impact

Footnotes.

*The dissatisfaction is epic, and the County ought to file suit to get it back.  It won't, but it should.

Lex Anteinternet: Contrary to our natures

Lex Anteinternet: Contrary to our natures: 

Contrary to our natures

When this blog was started several years ago, the purpose of it was to explore historical topics, often the routine day to day type stuff, from the period of roughly a century ago.  It started off as a means of researching things, for a guy too busy to really research, for a historical novel.

It didn't start off as a general commentary on the world type of deal, nor did it start off as a "self help" type of blog either.  Over time, however, the switch to this blog for commentary, away from the blog that generally hosts photographs, has caused a huge expansion here of commentary of all types, including in this category and, frankly, in every other.

 

The pondering professor of our Laws of History thread.

Readers of this blog (of which there are extraordinarily few) know that I've made a series of comments in the "career" category recently that touch on lawyers and mental health. They also know that I was working on a case (actually, two cases) in which an opposing lawyer, without warning or indication, killed himself.  That's bothered me a great deal thereafter.  It isn't as if we could have done anything, but that it occurred bothers me.  And, as noted in the synchronicity threads, I've been reading a lot of comments in lawyer related journals and blogs on this topic as well.  Perhaps they were always there and I hadn't bothered taking note of them, or perhaps that's synchronicity again.

In that category, I stumbled upon a piece written by a fellow who runs a very well liked blog, and who is a lawyer, but whom has never practiced.  I very rarely check that blog, The Art of Manliness, but it's entertaining to read (or probably aggravating to read for some) and I was spending some early morning time in a hotel room waiting for a deposition to start and stopped in there for the first time in eons.  Sure enough, there's an article by a lawyer on the topic of mental health.  Specifically, there was an article on depression, which is the same thing that a lot of these lawyer journals are writing on.  Having somewhat read some of the others, and being surprised to find this one, I read it. Turns out there's an entire series of them and I didn't read them all, but in the one I did read, I was struck by this quote:

If depression is partly caused by a mismatch between how our bodies and minds got used to living for thousands of years, and how we now live in the modern world, then a fundamental step in closing this gap isn’t just moving our bodies, but getting those bodies outside.

I think there's a whole lot to that.
 

The "office" your DNA views as suitable. . . and suitable alone.

Indeed, I think a drove of current social and psychological ills, not just depression by any means, stem from the fact that we've built a massively artificial world that most of us don't really like living in.  It's a true paradox, as I think that same effort lies at a simple root, the human desire to be free from true want.  I.e., starvation.  Fear of starvation lead us to farming to hedge against it, and that lead to civilization.  Paradoxically, the more we strive for "an easy life", the further we take ourselves away from our origins, which is really where we still dwell, deep in our minds.

Okay, at this point I'm trailing into true esoteric philosophy and into psychology, but I think I may be more qualified than many to do just that.  Indeed, I was an adherent of the field of evolutionary biology long before that field came to be called that, and my background may explain why.  So just a tad on that.

Some background

 

With my father, at the fish hatchery, as a little boy.

When I was growing up, I was basically outdoors all the time, and I came from a very "outdoorsy" group of people. And in the Western sense.  People who hunted and fished, garden and who were close to agriculture by heritage.    They were also all well educated.  There was no real separation in any one aspect of our lives.  Life, play, church, were all one thing, much as I wrote about conceptually the other day.

When I went to go to college, post high school, I really didn't know what I wanted to do and decided on being a game warden, which reflects my views at the time, and shows my mindset in some ways now, set on rural topics as it is.  However, my father worried about that and gently suggested that career openings in that field were pretty limited.  He rarely gave any advice of that type, so I heeded his suggestion (showing I guess how much I respected his advice), and majored in geology, and outdoor field.

As a geology student, we studied the natural world, but the whole natural world back into vast antiquity.  Part of that was studying the fossil record and the adaptive nature of species over vast time.  It was fascinating. But having a polymath personality, I also took a lot of classes in everything else, and when I completed my degree at the University of Wyoming, I was only a few credits away from a degree in history as well.

Trilobites on display in a store window in Santa Fe, New Mexico. Now extinct, trilobites occurred in a large number of species and, a this fossil bed demonstrates, there were a lot of them.

That start on an accidental history degree lead me ultimately to a law degree, as it was one of my Casper College professors, Jon Brady, who first suggested it to me.  I later learned that another lawyer colleague of mine ended up a lawyer via a suggestion from the same professor.  Brady was a lawyer, but he was teaching as a history professor.  I know he'd practiced as a Navy JAG officer, but I don't know if he otherwise did.  If lawyer/history professor seems odd, one of the principal history professors at the University of Wyoming today is a lawyer as well, and the archivist at Casper College is a lawyer.  I totally disagree with the law school suggestion that "you can do a lot with a law degree" other than practice law, but these gentlemen's careers would suggest otherwise.

Anyhow, at the time the suggestion was made I had little actual thought of entering law school and actually was somewhat bewildered by the suggestion.  I was a geology student and I was having the time of my life.  I was always done with school by late afternoon, and had plenty of time to hunt during the hunting season nearly every day, which is exactly what I did.  By 1983, however, the bloom was coming off the petroleum industry's rose and it was becoming increasingly obvious that finding employment was going to be difficult.  Given that, the suggestion of a career in the law began to be something I took somewhat more seriously. By the time I graduated from UW in 1986, a full blown oilfield depression was going on and the law appeared to be a more promising option than going on to an advance degree in geology.  I did ponder trying to switch to wildlife management at that point, but it appeared to be a bad bet at that stage.

Casper College Geomorphology Class, 1983.  Odd to think of, but in those days, in the summer, I wore t-shirts.  I hardly ever do that now when out in the sticks. This photos was taken in the badlands of South Dakota.

So what does that have to do with anything?

Well, like more than one lawyer I actually know, what that means is that I started out with an outdoor career with outdoor interests combined with an academic study of the same, and then switched to a career which, at least according to Jon Brady, favored "analytical thinking" (which he thought I had, and which is the reason he mentioned the possibility to me).  And then there's the interest in nature and history to add to it.

Our artificial environment

So, as part of all of that, I've watched people and animals in the natural and the unnatural environment. And I don't really think that most people do the unnatural environment all that well.  In other words, I know why the caged tiger paces.

People who live with and around nature are flat out different than those who do not. There's no real getting around it.  People who live outdoors and around nature, and by that I mean real nature, not the kind of nature that some guy who gets out once a year with a full supply of the latest products from REI thinks he experiences, are different. They are happier and healthier.  Generally they seem to have a much more balanced approach to big topics, including the Divine, life and death.  They don't spend a lot of time with the latest pseudo philosophical quackery.  You won't find vegans out there. You also won't find men who are as thin as pipe rails sporting haircuts that suggest they want to be little girls.  Nor will you find, for that matter, real thugs.

You won't find a lot of people who are down, either.  

Indeed the blog author noted above noted that, and quotes from Jack London, the famous author, to the effect  and then goes on to conclude:

If depression is partly caused by a mismatch between how our bodies and minds got used to living for thousands of years, and how we now live in the modern world, then a fundamental step in closing this gap isn’t just moving our bodies, but getting those bodies outside.

I think he's correct there. And to take it one step further, I think the degree to which people retain a desire to be closer to nature reflects itself back in so many ways we can barely appreciate it.

Truth be known, we've lived in the world we've crated for only a very brief time.  All peoples, even "civilized people", lived very close to a nature for a very long time. We can take, as people often do, the example of hunter gatherers, which all of us were at one time, but even as that evolved in to agricultural communities, for a very long time, people were very "outdoors" even when indoors.

Ruin at Bandalier National Monument.  The culture that built these dwellings still lives nearby, in one of the various pueblos of New Mexico. These people were living in stone buildings and growing corn, but they were pretty clearly close to nature, unlike the many urbanites today who live in brick buildings in a society that depends on corn, but where few actually grow it.  The modern pueblos continue to live in their own communities, sometimes baffling European Americans.  I've heard it declared more than once that "some have university educations but they still go back to the reservation."

Even in our own culture, those who lived rural lives were very much part of the life of the greater nation as a whole, than they are now.  Now most people probably don't know a farmer or a rancher, and have no real idea of what rural life consists of.  Only a few decades back this was not the case.  Indeed, if a person reads obituaries, which are of course miniature biographies of a person, you'll find that for people in their 80s or so, many, many, had rural origins, and it's common to read something like "Bob was born on his families' farm in Haystack County and graduated from Haystack High School in 1945.  He went to college and after graduating from high school worked on the farm for a time before . . . ."

 Louisiana farmer, 1940s.  Part of the community, not apart from it.

Now, however this is rarely the case.  Indeed, we can only imagine how unimaginably dull future obits will be, for the generation entering the work force now.  "Bob's parents met at their employer Giant Dull Corp where they worked in the cubicle farm. Bob graduated from Public School No 117 and went to college majoring in Obsolete Computers, where upon he obtained a job at Even Bigger Dull Corp. . . "

No wonder things seem to be somewhat messed up with many people.

Indeed, people instinctively know that, and they often try to compensate for it one way or another.  Some, no matter how urban they are, resist the trend and continue to participate in the things people are evolved to do. They'll hunt, they fish, and they garden. They get out on the trails and in the woods and they participate in nature in spite of it all.

Others try to create little imaginary natures in their urban walls.  I can't recount how many steel and glass buildings I've been in that have framed paintings or photographs of highly rural scenes.  Many offices seem to be screaming out for the 19th Century farm scape in their office decor.  It's bizarre. A building may be located on 16th Street in Denver, but inside, it's 1845 in New Hampshire.   That says a lot about what people actually value.

Others, however, sink into illness, including depression.  Unable to really fully adjust to an environment that equates with the zoo for the tiger, they become despondent.  Indeed, they're sort of like the gorilla at the zoo, that spends all day pushing a car tire while looking bored and upset.  No wonder.  People just aren't meant to live that way.

Others yet will do what people have always done when confronted with a personal inability to live according to the dictates of nature, they rebel against it.  From time immemorial people have done this, and created philosophies and ideas that hate the idea of people itself and try to create a new world from their despair.  Vegans, radical vegetarians, animal rights, etc., or any other variety of Neo Pagans fit this mold.  Men who starve themselves and adopt girly haircuts and and wear tight tight jeans so as to look as feminine as possible, and thereby react against their own impulses. The list goes on and on.  And it will get worse as we continue to hurl towards more and more of this.

But we really need not do so.  So why are we?

"It's inevitable".  No it isn't.  Nothing is, except our own ends.  We are going this way as it suits some, and the ones it principally suits are those who hold the highest economic cards in this system, and don't therefore live in the cubicle farm themselves.  We don't have to do anything of this sort, we just are, as we believe that we have to, or that we haven't thought it out.

So, what can we do

First of all, we ought to acknowledge our natures and quit attempting to suppress them .  Suppressing them just makes us miserable and or somewhat odd.  To heck with that.

The ills of careerism.

Careerism, the concept that the end all be all of a person's existence is their career, has been around for a long time, but as the majority demographic has moved from farming and labor to white collar and service jobs, it's become much worse. At some point, and I'd say some point post 1945, the concept of "career" became incredibly dominant.  In the 1970s, when feminism was in high swing, it received an additional massive boost as women were sold on careerism.

How people view their work is a somewhat difficult topic to address in part because everyone views their work as they view it.  And not all demographics in a society view work the same way. But there is sort of a majority society wide view that predominates.

In our society, and for a very long time, there's been a very strong societal model which holds that the key to self worth is a career.  Students, starting at the junior high level, are taught that in order to be happy in the future they need to go to a "good university" so they can obtain an education which leads to "a high paying career".  For decades the classic careers were "doctor and lawyer", and you still hear some of that, but the bloom may be off the rose a bit with the career of lawyer, frankly, in which case it's really retuning to its American historical norm.

Anyhow, this had driven a section of the American demographic towards a view that economics and careers matter more than anything else.  More than family, more than location, more than anything.  People leave their homes upon graduating from high school to pursue that brass ring in education. They go on to graduate schools from there, and then they engage in a lifetime of slow nomadic behavior, dumping town after town for their career, and in the process certainly dumping their friends in those towns, and quite often their family at home or even their immediate families.

The payoff for that is money, but that's it.  Nothing else.

The downside is that these careerist nomads abandon a close connection with anything else. They aren't close to the localities of their birth, they aren't close to a state they call "home" and they grow distant from the people they were once closest too.

What's that have to do with this topic?

Well, quite a lot.

People who do not know, in the strongest sense of that word know, anyone or anyplace come to be internal exiles, and that's not good.  Having no close connection to anyone place they become only concerned with the economic advantage that place holds for them. When they move into a place they can often be downright destructive at that, seeking the newest and the biggest in keeping with their career status, which often times was agricultural or wild land just recently.  And not being in anyone place long enough to know it, they never get out into it.

That's not all of course.  Vagabonds without attachment, they severe themselves from the human connection that forms part of our instinctual sense of place.  We were meant to be part of a community, and those who have lived a long time in a place know that they'll be incorporated into that community even against their expressed desires.  In a stable society, money matters, but so does community and relationship.  For those with no real community, only money ends up mattering.

There's something really sad about this entire situation, and its easy to observe.  There are now at least two entire generations of careerist who have gone through their lives this way, retiring in the end in a "retirement community" that's also new to them.  At that stage, they often seek to rebuild lives connected to the community they are then in, but what sort of community is that?  One probably made up of people their own age and much like themselves.  Not really a good situation.

Now, am I saying don't have a career?  No, I'm not. But I am saying that the argument that you need to base your career decisions on what society deems to be a "good job" with a "good income" is basing it on a pretty thin argument. At the end of the day, you remain that Cro Magnon really, whose sense of place and well being weren't based on money, but on nature and a place in the tribe.  Deep down, that's really still who you are.  If you sense a unique calling, or even sort of a calling, the more power to you.  But if you view your place in the world as a series of ladders in place and income, it's sad.

As long as we have a philosophy that career="personal fulfillment" and that equates with Career Uber Alles, we're going to be in trouble in every imaginable way.  This doesn't mean that what a person does for a living doesn't matter, but other things matter more, and if a person puts their career above everything else, in the end, they're likely to be unhappy and they're additionally likely to make everyone else unhappy. This may seem to cut against what I noted in the post on life work balance the other day, but it really doesn't, it's part of the same thing.

Indeed, just he other day my very senior partner came in my office and was asking about members of my family who live around here.  Quite a few live right here in the town, more live here in the state, and those who have left have often stayed in the region. The few that have moved a long ways away have retained close connection, but formed new stable ones, long term, in their new communities.  He noted that; "this is our home".  That says a lot.

Get out there.

 Public (Federal) fishing landing in Natrona County, Wyoming. When we hear of our local politicians wanting to "take back" the Federal lands, those of us who get out imagine things like this decreasing considerably in number. We shouldn't let that happen, and beyond that, we should avail ourselves of these sites.

And our nature is to get out there in the dirt.

Go hunting, go fishing, go hiking or go mountain bike riding.  Whatever you excuse is for staying in your artificial walls, get over it and get out.

 

That means, fwiw, that we also have to quit taking snark shots at others in the dirt, if we do it.  That's part of human nature as well, and humans are very bad about it.  I've seen flyfishermen be snots to bait fisherman (you guys are all just fisherman, angler dudes and dudessses, and knock off the goofy crap about catching and releasing everything.. . you catch fish as we like to catch fish because nature endowed us with the concept that fish are tasty).   Some fisherman will take shots at hunters; "I don't hunt, . . . but I fish (i.e., fishing hunting.  Some "non consumptive (i.e., consumptive in another manner) outdoors types take shots at hunters and fisherman; "I don't hunt, but I ride a mountain bike (that's made of mined stuffed and shipped in a means that killed wildlife just the same)".

If you haven't tried something, try it, and the more elemental the better.  If you like hiking in the sticks, keep in mind that the reason people like to do that has to do with their elemental natures.  Try an armed hike with a shotgun some time and see if bird hunting might be your thing, or not.  Give it a try.  And so on.

Get elemental

At the end of they day, you are still a hunter-gatherer, you just are being imprisoned in an artificial environment. So get back to it. Try hunting.  Try fishing. Raise a garden.

Unless economics dictate it, there's no good, even justifiable, reason that you aren't providing some of your own food directly. Go kill it or raise it in your dirt.

Indeed, a huge percentage of Americans have a small plot, sometimes as big as those used by subsistence farmers in the third world, which is used for nothing other than growing a completely worthless crop of grass.  Fertilizer and water are wasted on ground that could at least in part be used to grow an eatable crop.  I'm not saying your entire lawn needs to be a truck farm, but you could grow something.  And if you are just going to hang around in the city, you probably should.

The Land Ethic

 

Aldo Leopold and Olaus Murie.  The Muries lived in Wyoming and have a very close connection with Teton County, although probably the majority of Wyomingites do not realize that. This photo was taken at a meeting of The Wilderness Society in 1946. While probably not widely known now, this era saw the beginnings of a lot of conservation organizations.  At this point in time, Leopold was a professor at the University of Wisconsin.

Decades ago writer Aldo Leopold wrote in his classic A Sand Country Almanac about the land ethic.  Leopold is seemingly remembered today by some as sort of a Proto Granola, but he wasn't.  He was a hunter and a wildlife agent who was struck by what he saw and wrote accordingly. Beyond that, he lived what he wrote.

A person can Google (or Yahoo, or whatever) Leopold and the the "land ethic" and get his original writings on the topic.  I"m not going to try to post them there, as the book was published posthumously in 1949, quite some years back. Because it wasn't published until 49, it had obviously been written some time prior to that.  Because of the content of the book, and everything that has happened since, it's too easy therefore to get a sort of Granola or Hippy like view of the text, when in fact all of that sort of thing came after Leopold's untimely death at age 61.  It'd be easy to boil Leopold's writings down to one proposition, that being what's good for the land is good for everything and everyone, and perhaps that wouldn't be taking it too far.

If I've summarized it correctly, and I don't think I'm too far off, we have to take into consideration further that at the time Leopold was writing the country wasn't nearly as densely populated as it is now, but balanced against that is that the country, in no small part due to World War Two, was urbanizing rapidly and there was a legacy of bad farming practices that got rolling, really, in about 1914 and which came home to roost during the Dust Bowl.  In some ways things have improved a lot since Leopold's day, but one thing that hasn't is that in his time the majority of Americans weren't really all that far removed from an agricultural past.  Now, that's very much not the case.  I suspect, further, in Leopold's day depression, and other social ills due to remoteness from nature weren't nearly as big of problem.  Indeed, if I had to guess, I'd guess that the single biggest problem of that type was the result of World War Two, followed by the Great Depression, followed by World War One.

Anyhow, what Leopold warned us about is even a bigger problem now, however.  Not that the wildness of land is not appreciated.  Indeed, it is likely appreciated more now than it was then. But rather we need to be careful about preserving all sorts of rural land, which we are seemingly not doing a terrible good job at.  The more urbanized we make our world, the less we have a world that's a natural habitat for ourselves, and city parks don't change that.  Some thought about what we're doing is likely in order.  As part of that, quite frankly, some acceptance on restrictions on where and how much you can build comes in with it. That will make some people unhappy, no doubt, but the long term is more important than the short term.

It's not inevitable.

The only reason that our current pattern of living has to continue this way is solely because most people will it to do so.  And if that's bad for us, we shouldn't.

There's nothing inevitable about a Walmart parking lot replacing a pasture. Shoot, there's nothing that says a Walmart can't be torn down and turned into a farm. We don't do these things, or allow them to happen, as we're completely sold on the concept that the shareholders in Walmart matter more than our local concerns, or we have so adopted the chamber of commerce type attitude that's what's good for business is good for everyone, that we don't.  Baloney.  We don't exist for business, it exists for us. 

Some thought beyond the acceptance of platitudes is necessary in the realm of economics, which is in some ways what we're discussing with this topic.  Americans of our current age are so accepting of our current economic model that we excuse deficiencies in it as inevitable, and we tend to shout down any suggestion that anything be done, no matter how mild, as "socialism".

The irony of that is that our economic model is corporatist, not really capitalist, in nature.  And a corporatist model requires governmental action to exist.  The confusion that exists which suggests that any government action is "socialism" would mean that our current economic system is socialist, which of course would be absurd.  Real socialism is when the government owns the means of production.  Social Democracy, another thing that people sometimes mean when they discuss "socialism" also features government interaction and intervention in people's affairs, and that's not what we're suggesting here either.

Rather, I guess what we're discussing here is small scale distributism, the name of which scares people fright from the onset as "distribute", in our social discourse, really refers to something that's a feature of "social democracy" and which is an offshoot of socialism.  That's not what we're referencing here at all, but rather the system that is aimed at capitalism with a subsidiarity angle. I.e., a capitalist system that's actually more capitalistic than our corporatist model, as it discourages government participation through the weighting of the economy towards corporations.

It's not impossible

Now, I know that some will read this and think that it's all impossible for where they are, but truth be known it's more possible in some ways now than it has been for city dwellers, save for those with means, for many years.  Certainly in the densely packed tenements of the early 19th  Century getting out to look at anything at all was pretty darned difficult.

Most cities now at least incorporate some green space. A river walk, etc.  And most have some opportunities for things that at least replicate real outdoor sports, and I mean the real outdoor activities, not things like sitting around in a big stadium watching a big team. That's not an outdoor activity but a different type of activity (that I'm not criticizing).  We owe it to ourselves.

Now, clearly, some of what is suggested here is short term, and some long. And this is undoubtedly the most radical post I've ever posted here.  It won't apply equally to everyone.  The more means a person has, if they're a city dweller, the easier for it is for them to get out.  And the more destructive they can be when doing so, as an irony of the active person with means is that the mere presence of their wealth in an activity starts to make it less possible for everyone else.  But for most of us we can get out some at least, and should.

I'm not suggesting here that people should abandon their jobs in the cities and move into a commune.  Indeed, I wouldn't suggest that as that doesn't square with what I"m actually addressing here at all.  But I am suggesting that we ought to think about what we're going, and it doesn't appear we are. We just charge on as if everything must work out this way, which is choosing to let events choose for us, or perhaps letting the few choose for the many. Part of that may be rethinkiing the way we think about careers.  We all know it, but at the end of the day having made yourself rich by way of that nomadic career won't add significantly, if at all, to your lifespan and you'll go on to your eternal reward the same as everyone else, and sooner or later will be part of the collective forgotten mass.  Having been a "success" at business will not buy you a second life to enjoy.

None of this is to say that if you have chosen that high dollar career and love it, that you are wrong.  Nor is this to say that you must become a Granola.  But, given the degree to which we seem to have a modern society we don't quite fit, perhaps we ought to start trying to fit a bit more into who we are, if we have the get up and go to do it, and perhaps we ought to consider that a bit more in our overall societal plans, assuming that there even are any.

Lex Anteinternet: Mid Week At Work: Endings.

Lex Anteinternet: Mid Week At Work: Endings.:

Mid Week At Work: Endings.

I posted this the other day:

Sigh . . .

And depicted with a horse too. . . 

Kroger retires after 35 years of service  CODY - Worland Wildlife Biologist Bart Kroger retired last month, bringing his 35-year career with the Wyoming Game and Fish Department to a close.  “Bart has been referred to as the ‘core of the agency’, meaning through his dedication and continuous hard work, he has significantly and meaningfully impacted wildlife management within his district and throughout the state,” said Corey Class, Cody region wildlife management coordinator. “Throughout his career, he has been a solid, steady and dependable wildlife biologist, providing a foundation for wildlife conservation and management in the Bighorn Basin.” Through his quiet and thoughtful approach, Bart has gained the respect of both his peers and the public. Bart is best known for his commitment to spending time in the field gaining first-hand knowledge of the wildlife and the habitat that supports them, as well as the people he serves in his district.

 Found this old draft the other day

RETIREMENT ELIGIBILITY

Vesting Requirements

After obtaining 72 months of service, you are eligible to elect a monthly benefit at

retirement age. The 72 months of service do not have to be consecutive months.

Retirement Eligibility

You are eligible for retirement when you reach age 50 and are vested. There is no

early retirement under this plan. You must begin drawing your benefit no later than

age 65.

Which means, as a practical matter, if you are to draw retirement as a Wyoming Game Warden, you need to take the job no later than the beginning of your 59th year.

Of course, if you started at age 59, you wouldn't be drawing much, if anything.

That doesn't mean, of course, that you couldn't be hired after age 59.  You'd just draw no retirement.

The actual statute on this matter states the following, as we noted in a prior thread, from 2023, quoted below:

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?

This differs, I'd note, significantly from the Federal Government.  The cutoff there is age 37.  That's it.

Have a wildlife management degree?  Spend the last few years in some other state agency?  Win the Congressional Medal of Honor for single handled defeating the Boko Haram?  38 years old now? Well, too bloody bad for you.

Anyhow, I guess this says something about the American concept that age is just a number and the hands of the clock don't really move.

They do.

On a somewhat contrary note, I was in something this week when a 70-year-old man indicated he might retire in order to take a job as a commercial airline pilot.

He's never been employed in that capacity, but he's had the license for 50 years.  It wouldn't be carrying people for United or something, but in some other commercial capacity.  

He's always wanted to do it, and has an offer.

Well, more power to him.

I did a lot of what this lawyer is doing here, when first practicing, in front of barrister cases just like this.  No young lawyer does that now.

I spoke to a lawyer I've known the entire time I've been practicing law, almost. He's four years younger than me, which would make him 56 or so.  He's worked his entire career in general civil, in a small and often distressed town, in a firm founded by his parents.  When I was first practicing, it was pretty vibrant.

Now he's the only one left.

He's retiring this spring.  This was motivated by his single employee's decision to retire.

I was really surprised, in part due to his age.  I'm glad that he can retire, but it was a bit depressing.  We're witnessing, in Wyoming, the death of the small town civil firm.  Everything is gravitating to the larger cities, and frankly in the larger cities, they're in competition with the big cities in Colorado and Utah.  That's insured a bill in the legislature to try to recruit lawyers to rural areas.*

It's not going to work.

The problem has been, for some time, that it's impossible to recruit young lawyers to small rural areas.  The economics don't allow for it.  The economics don't allow for it, in part, as the Wyoming Supreme Court forced the Uniform Bar Exam down on the Board of Law Examiners, and that resulted in opening the doors to Denver and Salt Lake lawyers.  It's been something the small firms have been competing against ever since.

And not only that, but some sort of demographic change has operated to just keep younger lawyers out of smaller places, and frankly to cause them to opt for easier paths than civil law in general.  I know older lawyers that came from the larger cities in the state, and set up small town practices when they were young, as that's where the jobs were and having a job was what they needed to have.  I've even known lawyers who went to UW who moved here from somewhere else who took that path, relocating from big Eastern or Midwestern cities to do so.

No longer.  Younger lawyers don't do that.

Quite a few don't stick with civil practice at all.  They leave for government work, where the work hours are regular, and the paycheck isn't dependent on billable hours.   And recently, though we are not supposed to note it, young women attorneys reflect a new outlook in which a lot of them bail out of practice or greatly reduce their work hours after just a few years in, a desire to have a more regular domestic life being part of that.

I guess people can't be blamed for that, but we can, as a state, be blamed for being shortsighted.  Adopting the UBE was shortsighted.  Sticking with it has been inexcusable.  I'm not the only one who has said so, and frankly not the only one who probably paid a price for doing so.  The reaction to voices crying in the wilderness is often to close the windows so you don't have to hear them.  Rumor had it, which I've never seen verified and have heard expressly denied by a person within the law school administration, that it was done in order to aid the law school, under the theory that it would make UW law degrees transportable, which had pretty much the practical effect on the local law as Commodore Matthew Perry opening up trade with Japan.

Wyoming Board of Law Examiners bringing in the UBE.

The lawyer in this case is worried, as he has no hobbies and doesn't know what he'll do with himself.  I'm surprised how often this concern is expressed.  To only have the law, or any work, is sad.  But a court reporter, about my age, expressed the same concern to me the other day.

Court reporting has really taken a beating in this state, more so than lawyers.  When I was first practicing, every community had court reporters.  Now there are hardly any left at all.  Huge firms are down to just a handful of people, and people just aren't coming into the occupation.  It's a real concern to lawyers.

It's always looked like an interesting job to me, having all the diversity of being a lawyer, with seemingly a lot less stress.  But having never done it, perhaps I'm wildly in error.  We really don't know what other people's jobs are like unless we've done them.

A lawyer I know just died by his own hand.

I met him when he took over for a very long time Wyoming trial attorney upon that attorney's death.

The attorney he took over for had died when he went in his backyard and put a rifle bullet through his brain.  He was a well known attorney, and we could tell something wasn't quite right with him.  Just the day prior, he called me and asked for an extension on something.  I'd already given two.  I paused, and then, against my better judgment, said, "well. . . okay".  

I'd known him too long to say no.

He was clearing his schedule.  If I had said no, I feel, he wouldn't have done it, and he'd be alive today.

The new attorney came in and was sort of like a goofy force of nature.  Hard to describe.  A huge man, probably in his 40s at the time, but very childlike.  He talked and talked. Depositions would be extended due to long meandering conversational interjections, as I learned in that case and then a very serious subsequent one.

He was hugely proud of having been a member of a legendary local plaintiff's firm.  That didn't really matter much to me then, and it still doesn't.  My family has always had an odd reaction to the supposedly honorific.  My father never bothered to collect his National Defense Service Medal for serving during the Korean War, I didn't bother to get my Reserve Overseas Training Ribbon, or my South Korean award for Operation Team Spirit, I don't have my law school diploma's anymore. . . It's not that they aren't honors, it's just, well, oh well.  We tend to value other things, which in some ways sets standards that are highers than others, and very difficult to personally meet.

Anyhow, the guy was very friendly and told me details of his life, not all of which were true.  He was raised by his grandmother, his grandmother had somehow encouraged him to go to law school,  Both true.

He was from Utah and grown up there, but consistently denied being a Mormon.  His wife was Mormon, he said.  He was an Episcopalian.  As I'm very reserved, I'm not really going to talk religion with somebody I only casually and professionally know, as opposed to one of my very extroverted and devout partners who will bring it up at the drop of a hat, and his religious confession didn't particularly matter to me, given the light nature of our relationship.  As it turns out, and as I suspected, that wasn't even remotely true.  He was and always had been a Mormon.  Why did he lie about that?  No idea.

I suppose this is some sort of warning here, maybe.

The first lawyer noted in this part of this entry had suffered something hugely traumatic early in his life and never really got over it. Some people roll with the punches on traumas and some do not.  We hear about combat veterans all the time who live with the horrors they experienced, and which break them down, all the time, but I've known a couple who didn't have that sort of reaction at all, and who could coolly relate their combat experiences.  Others can't get over something that happened to them, ever.

With the second lawyers, there were some oddities, one being that he jumped from firm to firm, and to solo, and back and forth, all the time. That's unusual.  Another was that he seemed to have pinned his whole identify on being a lawyer.  It's one thing, like the retiring fellow above, to have worked it your whole life and have nothing else to do, it's quite another to have that make up everything you are.  He'd drunk deeply of the plaintiff's lawyer propaganda about helping the little guy and all that crap, and didn't really realize that litigators often hurt people as often as they help them, or do both at the same time.  Maybe the veil had come off.  Maybe he should never have been a lawyer in the first place.  Maybe it was organic and had nothing to do with any of this.

Well, the moral of this story, or morals, if there are any, would be this.  You don't have endless time to do anything, 70-year-old commercial airline pilots aside. You probably don't know what it's like to do something unless you've actually done it, but you can investigate it and learn as much as possible.  The UBE, which the Wyoming Supreme Court was complicit in adopting, is killing the small  town civil lawyer and only abrogating it, or its successor, and restoring the prior system can address that.   The entire whaling for justice plaintiff's lawyer ethos is pretty much crap.  And, finally, you had some sort of identify before you took up your occupation.  Unless that identity was what you became, before you became it, don't let the occupation become it.  It may be shallower than you think.

Footnotes:

The bill:

SENATE FILE NO. SF0033

Wyoming rural attorney recruitment program.

Sponsored by: Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to attorneys-at-law; establishing the rural attorney recruitment pilot program; specifying eligibility requirements for counties and attorneys to participate in the program; specifying administration, oversight and payment obligations for the program; requiring reports; providing a sunset date for the program; authorizing the adoption of rules, policies and procedures; providing an appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 33‑5‑201 through 33‑5‑203 are created to read:

ARTICLE 2

RURAL ATTORNEY RECRUITMENT PROGRAM

33‑5‑201.  Rural attorney recruitment program established; findings; program requirements; county qualifications; annual reports.

(a)  In light of the shortage of attorneys practicing law in rural Wyoming counties, the legislature finds that the establishment of a rural attorney recruitment program constitutes a valid public purpose, of primary benefit to the citizens of the state of Wyoming.

(b)  The Wyoming state bar may establish a rural attorney recruitment program to assist rural Wyoming counties in recruiting attorneys to practice law in those counties.

(c)  Each county eligible under this subsection may apply to the Wyoming state bar to participate in the program. A county is eligible to participate in the program if the county:

(i)  Has a population of not greater than twenty‑five thousand (25,000);

(ii)  Has an average of not greater than one and one‑half (1.5) qualified attorneys in the county for every one thousand (1,000) residents. As used in this paragraph, "qualified attorney" means an attorney who provides legal services to private citizens on a fee basis for an average of not less than twenty (20) hours per week. "Qualified attorney" shall not include an attorney who is a full‑time judge, prosecutor, public defender, judicial clerk, in‑house counsel, trust officer and any licensed attorney who is in retired status or who is not engaged in the practice of law;

(iii)  Agrees to provide the county share of the incentive payment required under this article;

(iv)  Is determined to be eligible to participate in the program by the Wyoming state bar.

(d)  Before determining a county's eligibility, the Wyoming state bar shall conduct an assessment to evaluate the county's need for an attorney and the county's ability to sustain and support an attorney. The Wyoming state bar shall maintain a list of counties that have been assessed and are eligible to participate in the program under this article. The Wyoming state bar may revise any county assessment or conduct a new assessment as the Wyoming State bar deems necessary to reflect any change in a county's eligibility.

(e)  In selecting eligible counties to participate in the program, the Wyoming state bar shall consider:

(i)  The county's demographics;

(ii)  The number of attorneys in the county and the number of attorneys projected to be practicing in the county over the next five (5) years;

(iii)  Any recommendations from the district judges and circuit judges of the county;

(iv)  The county's economic development programs;

(v)  The county's geographical location relative to other counties participating in the program;

(vi)  An evaluation of any attorney or applicant for admission to the state bar seeking to practice in the county as a program participant, including the attorney's or applicant's previous or existing ties to the county;

(vii)  Any prior participation of the county in the program;

(viii)  Any other factor that the Wyoming state bar deems necessary.

(f)  A participating eligible county may enter into agreements to assist the county in meeting the county's obligations for participating in the program.

(g)  Not later than October 1, 2024 and each October 1 thereafter that the program is in effect, the Wyoming state bar shall submit an annual report to the joint judiciary interim committee on the activities of the program. Each report shall include information on the number of attorneys and counties participating in the program, the amount of incentive payments made to attorneys under the program, the general status of the program and any recommendations for continuing, modifying or ending the program.

33‑5‑202.  Rural attorney recruitment program; attorney requirements; incentive payments; termination of program.

(a)  Except as otherwise provided in this subsection, any attorney licensed to practice law in Wyoming or an applicant for admission to the Wyoming state bar may apply to the Wyoming state bar to participate in the rural attorney recruitment program established under this article. No attorney or applicant shall participate in the program if the attorney or applicant has previously participated in the program or has previously participated in any other state or federal scholarship, loan repayment or tuition reimbursement program that obligated the attorney to provide legal services in an underserved area.

(b)  Not more than five (5) attorneys shall participate in the program established under this article at any one (1) time.

(c)  Subject to available funding and as consideration for providing legal services in an eligible county, each attorney approved by the Wyoming state bar to participate in the program shall be entitled to receive an incentive payment in five (5) equal annual installments. Each annual incentive payment shall be paid on or after July 1 of each year. Each annual incentive payment shall be in an amount equal to ninety percent (90%) of the University of Wyoming college of law resident tuition for thirty (30) credit hours and annual fees as of July 1, 2024.

(d)  Subject to available funding, the supreme court shall make each incentive payment to the participating attorney. The Wyoming state bar and each participating county shall remit its share of the incentive payment to the supreme court in a manner and by a date specified by the supreme court. The Wyoming state bar shall certify to the supreme court that a participating attorney has completed all annual program requirements and that the participating attorney is entitled to the incentive payment for the applicable year. The responsibility for incentive payments under this section shall be as follows:

(i)  Fifty percent (50%) of the incentive payments shall be from funds appropriated to the supreme court;

(ii)  Thirty‑five percent (35%) of the incentive payments shall be provided by each county paying for attorneys participating in the program in the county;

(iii)  Fifteen percent (15%) of the incentive payments shall be provided by the Wyoming state bar from nonstate funds.

(e)  Subject to available funding for the program, each attorney participating in the program shall enter into an agreement with the supreme court, the participating county and the Wyoming state bar that obligates the attorney to practice law full‑time in the participating county for not less than five (5) years. As part of the agreement required under this subsection, each participating attorney shall agree to reside in the participating county for the period in which the attorney practices law in the participating county under the program. No agreement shall be effective until it is filed with and approved by the Wyoming state bar.

(f)  Any attorney who receives an incentive payment under this article and subsequently breaches the agreement entered into under subsection (e) of this section shall repay all funds received under this article pursuant to terms and conditions established by the supreme court. Failure to repay funds as required by this subsection shall subject the attorney to license suspension.

(g)  The Wyoming state bar may promulgate any policies or procedures necessary to implement this article.  The supreme court may promulgate any rules necessary to implement this article.

(h)  The program established under this article shall cease on June 30, 2029, provided that attorneys participating in the program as of June 30, 2029 shall complete their obligation and receive payments as authorized by this article.

33‑5‑203.  Sunset.

(a)  W.S. 33‑5‑201 and 33‑5‑202 are repealed effective July 1, 2029.

(b)  Notwithstanding subsection (a) of this section, attorneys participating in the rural attorney pilot program authorized in W.S. 33‑5‑201 and 33‑5‑202 shall complete the requirements of the program and shall be entitled to the authorized payments in accordance with W.S. 33‑5‑201 and 33‑5‑202 as provided on June 30, 2029.

Section 2.  There is appropriated one hundred ninety‑seven thousand three hundred seventy‑five dollars ($197,375.00) from the general fund to the supreme court for the period beginning with the effective date of this act and ending June 30, 2029 to be expended only for purposes of providing incentive payments for the rural attorney recruitment program established under this act. This appropriation shall not be transferred or expended for any other purpose. Notwithstanding W.S. 9‑2‑1008, 9‑2‑1012(e) and 9‑4‑207, this appropriation shall not revert until June 30, 2029.

Section 3.  This act is effective July 1, 2024.

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.