wisdom

You've heard all those corny sayings, but have you ever considered their
appropriate application to the practice of law? I thought I would share some
wisdom from "up North" that I learned when I was "knee high to a grasshopper" to
help you with your law practice.

God willing and the creek (pronounced crick) don't rise: One of the truths about law
practice is that there are many things beyond your control. Once we've completed
our due diligence, we have to accept that something could go wrong. Just because
the law and facts are on your side doesn't mean that the judge will rule in your favor.
Don't promise results to the client, no matter what. Find a lawyerly way of telling
your client "God willing and the creek don't rise."

You're not from around here are ya?: Getting pulled over by the police when you are
an out-of-towner can be a harrowing experience, but don't expect you will be
welcomed as an out of town lawyer either. Even with a global economy, people are
suspicious of others they don't know. Particularly in smaller jurisdictions with
established and unwritten rules, a Johnny or Jane come-lately will be at a
disadvantage. You don't eat lunch and play golf with the judge, but the local lawyer
might. Be prepared!

Shorty could'a got you dem fer cheap!: While there are occasions that require a
fresh look at the law, many times it can be extremely helpful to start with someone
else's work product and update and modify it to suit your needs. You could look up
an article on the topic in AMJUR, NYJUR, CAJUR, JLR or another secondary law
source. You could call up fellow practitioners and ask their advice and see if they've
already done a lot of the work on the same issue. Take a hint from the lawyers in
smaller jurisdictions and have lunch with other lawyers to bounce ideas around. You
don't want to spend hours spinning your wheels coming up with forms or pleadings
when "Shorty could'a got you dem fer cheap!"

It's a tough row to hoe: Don't forget to recognize the adversity that your clients may
be facing. Sometimes clients can be demanding, difficult and uncooperative.
Recognize that they may be facing the loss of income, home, business or loved
one. Be patient yet firm in discharging your obligations as an attorney. This saying
applies to being a lawyer as well. If practicing law was easy, anyone could do it. So
pull yourself up by the bootstraps because "It's a tough row to hoe."

Wrong as rain going up: Pay attention to your conscience and the advice of trusted
friends. If a lawsuit or strategy feels wrong it probably is. No fee is worth losing your
license or your self-respect.

We don't have a dog in that fight: One of the skills a lawyer needs to hone is when a
case or issue is really worth litigating. This applies when you are advising and
representing your clients, but it also applies to you. Carefully consider the
consequences of litigating against your client before suing them to collect a fee. It is
standard procedure to counter-claim for legal malpractice when your lawyer sues
you for the fees. Expect a professional responsibility complaint too. Did I mention
that the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C.A. 1692 et seq.
might apply under certain circumstances? Ask yourself if you really need to have a
dog in that fight.

Better than a poke in the eye with a sharp stick: Take your victories when you get
them. You may not get a big fee or that television interview you were looking for.
Although, if you did solid work on a worthy cause, then it's worth it. Even better if
you got paid.

You attract more flies with honey than vinegar: I negotiated for my clients without
ever raising my voice. Practicing law can be civilized. Granted, it is necessary to
appear tough for your clients much of the time, but that's no reason to be hostile
and difficult with your fellow lawyers. If other lawyers were unreasonable with me, I
redoubled my efforts to beat them. I suspect other lawyers would react the same
way. You are not helping promote your client's cause by motivating the opposing
attorney to grind you into the ground.
You reap what you sow: What is your plan for your law practice, career, retirement
and family life? Are your actions in your day-to-day law practice consistent with your
goals? Remember another good down home saying: You have no one to blame but
yourself. Live consistently with your goals, plans and ethics and you will reap what
you sow.