Category: Personal Thoughts
During a respite from driving, 
and Paula picking up the chore, I had the opportunity to talk to a bar executive about a forthcoming presentation that I will do for his bar in a couple of weeks. I commented that I was learning about our country from the ground level. From the people I have met, and the discussions we’ve had after a presentation for lawyers, and conversations in RV parks and elsewhere, I have learned how much we have in common. If you don’t talk about politics and religion, we’re very similar.
Then, suddenly, it hit me. What we lack is tolerance! For some reason, the intolerance some people have for others is what keeps us apart and what stirs the pot of hatred. We need to remember that reasonable people can differ … and we need to retain the personal engagement despite the differences. Yes, hard to do but necessary for our survival as our country becomes more densely populated and with peoples of so many varying cultures with one goal in mind: to share a bit of the "American Dream."
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While walking the streets of Missoula last week, we came upon a store. The sign in the window with the hours of operation concluded, “… Saturdays by Chance …”
Too many clients believe that lawyers are only “…open by chance.” They know lawyers work hard, work long hours, and are generally not available to clients when they need them. Why? Because the number one complaint against lawyers with State Bar disciplinary boards is still failure to return phone calls. When we first meet with clients, there should be a conversation about how to communicate. How long the lawyer will take to respond (90 minutes, 24 hours, etc.) and how the client wants to receive the communication (email, telephone, etc.), among other issues.
And make sure you understand the client as well as the client understands you. Some people call this “active listening.” Without it, you are talking at each other rather than to/with each other.
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Last week, while in Idaho for a couple of days, we drove alongside the Lochsa River. Some 25 years ago, I went on what turned out to be my only white water rafting tour. It was great and the Indian meaning of the river’s name, Winding Water, certainly proved to be correct. It was a category 5 river and was absolutely beautiful. Of course, getting knocked out of the raft and into the depths of a swirling river was no fun, but it makes for a great story as long as you survive.
It was a pleasant and unexpected drive along the river. My wife is the navigator and I didn’t realize that would be our route that day … after all, I’m a Teamster … I just drive … where I’m told to go … She’s the navigator … The Lochsa merges into the Clearwater and then into the Snake River. And, if my reading is correct, then into the Columbia. The waterways in this part of the country are spectacular …
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July 4th, the birth of our country was also the birthdate of Wally Byam, the founder of Airstream Travel Trailer, a unique way to travel.
There was a rally in Baker City, the town of his birth 115 years ago. This attached photo is the final group photo … Paula, Bandit and I are on the ground, to the right. A good time was had by all … and it’s now time to get on the road again, heading toward Denver and Cheyenne, our next stops. Please join me.
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After leaving Ashland, we made an overnight stop at 7 Feathers RV Resort in Canyonville. This Indian owned facility is one of the best of it’s kind. After we set up, Ed grabbed his bike and off for a ride…..then the sky turned dark and it poured most of the rest of the afternoon and evening….
The scenery in Central Oregon along the I-5 corridor is simply green and beautiful……Interesting big rigs hauling everything and anything….We made a stop in Salem, OR to have dinner with a dear friend at DaVincis…..and we caught a glimpse of the State Capitol and the Justice Building after dinner….it is light longer here.
Check out our other pictures and events on the LawBiz® Tour Facebook page, http://www.facebook.com/LawBizTour
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William Shakespeare (middle 1500s) and Harper Lee (middle 1900s): What did they have in common? Julius Caesar, the play, was about the relationship of individuals to their government; in this example, a small group of people changed history by murdering the leader of Rome. And Harper Lee, in To Kill a Mockingbird, writes about another society’s deep division and the fate of one man determined by a few, the few on the jury, though influenced by the environment’s social mores. Murder is the end result for the individuals and a major shift in the general society in each period.
I saw both plays on the same day. The similarities in concept were remarkable. The uniqueness of the theatrics of each were thrilling. The impact on the audiences was remarkable.
This was a marvelous festival … and the atmosphere surrounding Ashland’s Shakespeare Festival was enthralling. Just walking the streets of Ashland in balmy, sunny weather was a thrill. Now is the time to move on and travel the country with our sponsors, including Fujitsu’s ScanSnap.
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Donna recently suffered the loss of her oldest sibling. She described the pain her oldest brother suffered before his death and her very great loss in his passing. She describes the lessons she learned from his death, lessons we should all heed. She said "His passing is a wake up call:
::Tomorrow is promised to no one
:: Good health doesn’t just happen – eating well, exercise, moderation, etc.
:: All the money in the world doesn’t mean a thing if health problems exist…."
Amen, Donna, and my condolences. These lessons should not only be learned once, but practiced every day we have left.
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Riding in the Carmichael Camp … cold but beautiful day … and always great when riding!
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William Hebert, President of the State Bar of California, is leading the charge to dismember the State Bar. Hebert’s plan would eliminate six lawyers’ seats on the Board of Governors, shrinking the current 23-member body to 17. The Governor and Legislature would still name six non-lawyers to the Board, but the state Supreme Court would choose the remaining 11 lawyer-members, stripping Bar members’ current power to elect them.
In other words, despite paying dues, practicing lawyers would no longer have any say in the election of the people who govern their every action, their every responsibility to the public and their very right to earn a living. Does this sound a little like “taxation without representation?”
Yes, the state Legislature’s edict was to study the issue of governance and respond to Legislature. But, there is an option not being pursued by the Bar: Responding that the status quo works just fine, and “if it ain’t broke, don’t fix it.” Or, let’s identify exactly how the Bar is being unresponsive to the public and address those issues. A wholesale change being contemplated will not change the public’s perception nor will it protect the public any more so than the current body does. This reminds me of the recent insurance discussion. The public would have been protected only be demanding that lawyers have malpractice insurance. But, the Bar didn’t go that far. Instead, they merely made it a requirement to notify clients if they didn’t have such insurance. In other words, we’re looking for band-aids; we’re not looking at the real issues. The Legislature didn’t help by connecting this report to the dues bill. And eliminating the voice of lawyers in the election of its governing body likewise will not address the Legislature’s core concerns.
The issue, raised by a body whose members no longer contain a meaningful number of lawyers, is about public protection … and the perception by some that the State Bar’s sole mission should be to protect the public. I don’t know where these folks have been hiding, but that is the mission of the current Bar. All one has to do is read the Rules of Professional Conduct. All one has to do is speak to the hundreds, if not thousands, of lawyers who feel the wrath of the Bar by its actions and in-actions (and I’m not referring to the disciplinary system that appropriately charges a small percentage of lawyers with misdeeds).
In fact, only one State Bar President in recent memory was so bold as to suggest that the State Bar has two goals: One is to protect the public; and two is to help lawyers be more effective for their clients and more efficient in the delivery of their legal services, again for the benefit of the public. Neither the staff nor any other president in recent memory has publicly uttered anything but the first goal.
And if it’s a question of being “more responsive to the general public,” there are other approaches that can be suggested. But Mr. Hebert doesn’t even look in that direction. Merely cave into the Legislature out of fear that a dues bill might be held hostage. Does this sound like a British leader we remember in dealing with a certain tyrant? Appeasement won’t work in this circumstance either.
I have been a very strong supporter of the integrated bar all these many years since law school. However, Mr. Hebert has finally caused me to flip the switch. I am now in favor of converting the State Bar to a licensing and disciplinary agency only. The result will be a savings to lawyers of at least 20% of their current dues. It takes 80% of the dues to run the disciplinary system. That’s close to$32 million. Lawyers can then join voluntary bar associations, either local or state-wide, create the education programs they need for their betterment, lobby for laws that will benefit the public without impediment, and otherwise create activities that improve their professional conditions.
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This evening, taking a break from LegalTech Show, I went to dinner at the Oceana, near the Hilton Hotel. Outstanding food.
From there, I went to see Colin Quinn in the "Long Story Short," written by him and directed by Jerry Seinfeld. It’s not often that a play/script is above me. But, this one was so good … it is a historical comparison of Greek and later times to today … The lines were so clever that I missed savoring them before Quinn was on to his next bit. This is one where I would like to sit with the script and slowly inhale the words. A remarkable piece of writing … and the delivery was good, but too fast for me.
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