For Love of the Game…

I had my “eureka” moment about appellate advocacy when I was still a law student. With too few credits to even apply for the Milwaukee District Attorney’s “prosecutor clinic,” I still made an appointment to meet with a deputy DA to see if there was some way I could still volunteer and be useful.

I was stashed aside in a room with a table, lots of books and stacks of papers to wait for the meeting, but as I waited my eye was drawn to a slip opinion sitting on the table. I started to read, of course. The case, as I recall, had something to do with how much Spanish language interpretation was due to a defendant at a particular point in the process. I never got to the end of the opinion, so I don’t know how it turned out.

But I remember feeling the light turn on in my head, recognizing in an instant that this was an area of the law where, if you believed passionately in something and gave it your all in the higher courts, win or lose, your words and your efforts had a resonance beyond just a single case.

Of course, at that time I don’t think I even realized that there was a difference between “published” and “unpublished” opinions. Too late now, the fuse was lit!

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20th Annual Howard B. Eisenberg Do-Gooders’ Auction–An Interview with PILS Fellow Mindy Nolan

The 20th Annual Howard B. Eisenberg Do-Gooders’ Auction on behalf of the Law School’s Public Interest Law Society (PILS) will be held this Friday, February 15, 2013 at the Law School. Proceeds from the event go to support PILS Fellowships to enable Marquette law students to do public interest work in the summer. Mindy Nolan, a current law student, shares her experience here as a PILS Fellow.  Besides her work as a PILS Fellow, Mindy did outstanding work in soliciting and compiling donations for this year’s auction.

Where did you work as a PILS Fellow?

This past summer I served as a law intern at the Wisconsin State Public Defender’s Office in Rhinelander, Wisconsin.

What kind of work did you do there?

In my role there, I prepared legal memoranda, motions, and conducted research for the four Assistant State Public Defenders working in that office. I conducted client and witness interviews over the phone and in person at the county jails. I also attended court hearings in three northern Wisconsin counties.

How was the experience meaningful to you?

This experience was extremely meaningful to me for several reasons, in particular the amount that I learned about the everyday workings of the criminal justice system. It was interesting to witness the dynamic of how the criminal justice system interacted with the three Native American tribes that are located in the three counties. It was also meaningful to see how the criminal justice system itself functions in three very small counties where there would sometimes only be one judge, one prosecutor, and one public defender working together day in and day out.

Continue Reading20th Annual Howard B. Eisenberg Do-Gooders’ Auction–An Interview with PILS Fellow Mindy Nolan

Trusts & Estates and the “Businesslike” Practice of Law

In 1980, I had the opportunity to interview Louis Auchincloss. Known for his novels about New York’s traditional elite, Auchincloss also maintained a successful and sophisticated trusts and estates practice. In fact, I interviewed him in his corner office on Wall Street. His thoughtfulness, dignified manners, Brooks Brothers clothing, and elegant office stuck in my mind over the years as an illustration of top-drawer T & E.

It came as a surprise to me over thirty years further down the road to learn that the white-shoe Manhattan firm of Debevoise & Plimpton was eliminating its T & E practice. It turns out that Debevoise & Plimpton is only the latest big firm to take this step. Weil, Gotshal & Manges and also Gibson, Dunn & Crutcher, among other big firms, have also in recent years done the same.

Why are the big firms ending their involvement with T & E? According to the analysts, T & E is an uncomfortable fit in the emerging big-firm business model. Genteel and personalized, the T & E practice of somebody like Louis Auchincloss cannot assign large numbers of junior associates and run up the tab in the process. Drafting wills and trusts generates fewer billable hours and profit than big-time litigation, corporate bankruptcies, and mergers and acquisitions.

The contemporary legal profession has its share of problems, but the elimination of big-firm T & E practice underscores the problem that is perhaps the most troubling. Namely, the market economy is swallowing up the legal profession. Every day, we see the practice of law becoming just a business. If legal educators share my perception and are troubled by it, we might reduce skills training and hold off teaching law students “to hit the ground running,” that is, graduate ready to make a buck. Legal educators might instead redouble efforts to teach ethics, honor professional norms, and endorse genuine humanistic values. These are the features of professionalism that distinguish it from unbridled profit-seeking.

 

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