HOW TO ARGUE AND WIN EVERY TIME, by Gerry Spence (St. Martin's Press)--at its best, a welcome reminder, in these days of the Nicole Simpson/Ronald Goldman murder trial, that law can be as noble as Lincoln. November 16, 1994
MY LIFE IN COURT by Louis Nizer (Doubleday, 1961) is a courtroom classic--the autobiography of one of the great litigators of his era. Has several set pieces that are well worth reading in themselves, such as the accouont of the classic Reynolds/Pegler libel case. Parts of the book have become rather dated, such as the discussion of matrimonial law and the account of a 50's-era takeover struggle, but much of it is still fresh and engaging.
<July 23, 1994
I am preparing to join the bar at a time when lawyers think about their work less and less as a profession and more and more as a business--the "legal services industry." What I find ironic is that because the law is a mature industry--with an enormous supply of service providers and a fundamental economic restructuring in process--the rewards of participating in the law as a business are probably going to decline for most people. So for most people, the odds are that adopting a business perspective on the practice of law is likely to produce less satisfactory results. It seems to me that under the circumstances, I'll be better off to be contrarian and emphasize professional satisfaction as my goal.
THE BETRAYED PROFESSION: LAWYERING AT THE END OF THE TWENTIETH CENTURY, by Sol M. Linowitz with Martin Mayer (Scribner's) was an important book for me. Although his analysis of the failings of the current system is sound, it is too anecdotal to be a definitive account. But what he does offer that I found very valuable is a workable vision of how it was and how it should be. In a nutshell, Linowitz argues that attorneys have been undervaluing the professional satisfaction they can derive from emphasizing their role as counselors. For example, it is pretty clear from Linowitz's account that one of the most satisfying experiences in his professional life was his full fledged, three dimensional professional and personal relationship with the leaders of the Xerox Corporation.
It is interesting to observe that developing these kinds of "strategic" relationships is the trend in advanced service industries (viz. Mike Ovitz's CAA). So Linowitz is really coming full circle, though I am not sure he realizes it. He is telling me that the most economically efficient *and* the most personally satisfying way to compete in a mature industry is to emphasize the development of mutually satisfactory strategic relationships between attorney and client. I intend to follow his advice.
Summer 1994
Stephen Carter's THE CONFIRMATION MESS (Basic Books) is a disappointing book which boils down to a series of thoughtful exhortations for the Senate, the media, and the public to be nicer to Presidential nominees. This book manages paradoxically to be both 1) highly academic in its approach to some very pragmatic political situations and 2) highly uncritical in the inside-the-Boswash corridor assumptions it makes about its audience's media viewing habits. Carter assumes that any one with a substantial interest in improving the confirmation process must have followed every step of the Bork, Thomas, and Guinier confirmations. I for one do not follow confirmation hearings closely precisely because it is obvious, as Carter points out at great length, that the system is deeply flawed. Carter commits the same fallacy as those who assume that anyone who would like to see less domestic violence will automatically follow every step of the O.J. Simpson trial . The real solution is for all of us to make more discriminating decisions about our actions. The way to make that happen is education, economic growth, and civilization. "A rising tide lifts all boats."
Editor's Recommendations, Summer 1996In this inaugural edition of IBIC's Featured Books, I'd like to draw your attention to several titles which have helped to shape my life and thinking.
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