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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Restorative Justice Conference to Consider Healing for Family Members of Homicide Victims

armourI’m looking forward to this year’s annual Restorative Justice Conference, “The Death Penalty Versus Life Without Parole: Comparing the Healing Impact on Victims’ Families and the Community.” The conference was inspired by a fascinating empirical study comparing the long-run experiences of family members of homicide victims in Texas, which has the death penalty, and Minnesota, which does not. Authored by Marilyn Peterson Armour and Mark S. Umbreit and forthcoming in the Marquette Law Review, the article concludes that the Minnesota family members achieved a higher level of physical, psychological, and behavioral health.

The conference kicks off with a keynote address by Armour (pictured here) at 4:30 on February 21. The following day will include several panels providing a diverse set of first-hand perspectives on the impact of homicide, capital punishment, and the criminal process on family members, lawyers, judges, and many others. Additional information about the conference is available here.

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

The 20th Annual Howard B. Eisenberg Do-Gooders’ Auction on behalf of the Law School’s Public Interest Law Society (PILS) will be held on 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. Kelli Nagel, a current law student, shares her experience here as a PILS Fellow.

Where did you work as a PILS Fellow?

This past summer, I worked in the Consular section of the U.S. Embassy in Mexico City.

What kind of work did you do there?

In my role there, I had many diverse experiences. In the non-immigrant visa section, I helped process the over 2,000 individuals who visit the Embassy daily for visa interviews. I spent some time in the American Citizen Services section visiting U.S. citizens incarcerated in Mexico. And for the majority of my internship, I worked in the Fraud Prevention Unit conducting an investigation on the human trafficking of women and children between Tlaxcala, Mexico and various cities throughout the U.S. and Mexico.

How was the experience meaningful to you?

This experience was the fulfillment of a dream I had from when I studied abroad in Mexico as an undergraduate student in 2008. At that time, the U.S. Embassy came to visit American students at our university. One of the Foreign Service Officers told our group of students that the State Department was a great place to work, and I thought “I want to try that.”

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