The Face in the Window

John Luther Bryant was a happy guy as he drove down the dusty roads of rural Pickens County, Alabama.  Life was good on the family farm where he and his spinster sister, Miss Grace Bryant, worked to scratch out a living and raise enough food and chickens to support themselves while enjoying the peace and quiet of a simple country lifestyle.

John was a man of diminutive stature, some attributing that to poor nutrition as a child.  But he was strong, sinewy, and lithe — physical attributes he proudly put to good use working his day job as a sanitation engineer (garbage man) for the City of Gordo, Alabama.

As John drove into town he had no reason to suspect the fate he was about to face.  As was his regular practice, John and his coworker rode on the back of the Gordo garbage truck doing their regular route.  They hopped off at each house to empty the trash and then get back onto the truck to ride to the next block.

As the truck rumbled down the uneven streets of Gordo, the unexpected happened and John’s number was called. 

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Appearing Before the Court

[Editor’s Note: This month faculty members share their favorite brief writing or oral argument tip. This is the first entry in the series.]

When people ask me about the most helpful tip I can give for writing a brief and appearing in front of the Wisconsin Supreme Court, my answer is always “preparation, preparation, preparation.” The most effective appellate lawyers have spent an incredible amount of time knowing and understanding their cases and the applicable and relevant law in the area. They have “mooted” their oral arguments a number of times in front of different lawyers or retired judges. Of course, appellate books and training programs tell you to do that as well.

I believe it is perhaps more helpful for me to write about a significant mistake I have seen very well prepared lawyers make. The biggest error by counsel appearing before the Court is to get too close to the case. They know how they want the case to turn out (although occasionally we had an attorney appear who could not exactly explain what he or she believed the mandate line should say if there is a reversal). We all understand that counsel’s objective (rightfully so) is to win it for the client.

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Law Firms Are Not Run Like Businesses

I remember my first “real” interview after I graduated from MULS (this phrase may explain my lack of success in OCI).  One thing the managing attorney said to me continues to stick out in my memory, especially now that I have started my own mediation firm.  “Firms are not run like businesses.”  He stated this in relation to firms renting versus owning real estate space, but in my experience I have recognized this axiom being true in other respects as well.  The one that has stuck out to me is that the hiring process performed by law firms does not conform to standard business practices for HR processes.

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