Reflections of a Boston Lawyer

When I moved to Boston after graduating law school in 1979, I knew very little about basketball.  For me, at the time, the only sport worth watching was baseball, and I quickly became a fan of the Boston Red Sox.  It wasn't long, however, before I started to take notice of the Bird-era Celtics teams.  My first real exposure to the Celtics came in June of 1981.  I worked near City Hall Plaza, and decided to wander out to see the Celtics Championship celebration on the steps of City Hall.  The Plaza was packed with fans going wild as the Celtics players arrived at City Hall.  One of the fans held a placard commenting on the dietary habits of Moses Malone, who had made disparaging remarks about the Celtics at the beginning of the Finals.  Larry Bird, seeing the sign, voiced agreement with the comments, the crowd cheered, and I had a new sports hero.  (I was still young enough to consider sports stars heroes in 1981). The next season I had the opportunity to buy into a share of seaso

Like everything in this world, I suppose, Christmas has many meanings.  The meaning it has to any given person depends a great deal on who the person is, in what tradition the person was raised, in what culture the person now lives, and in what stage of life the person finds himself or herself.  Christmas means something different to a child than to an adult, to a Christian than to a non-Christian, to a Christian who takes the story of Jesus' birth literally than to one who interprets it metaphorically, and perhaps to an American than to a person from another country. My own beliefs surrounding the Christmas story have evolved as the rest of my beliefs and understandings have changed throughout my life.  But some things have not changed.  They are the constants underneath the story, the universal values that hold true in any culture, in any religion, and in any era, regardless of what one thinks about Jesus and Christianity.  These values play out in many arenas, and are celebrat

As an officer of the Boston Bar Association, this week I had the profound privilege of addressing the newest members of the Massachusetts Bar as  they took their oaths to defend the Massachusetts and United States Constitutions and to observe the high standards of ethics and professionalism expected of Massachusetts lawyers.  The ceremonies take place several times in the span of one week, twice a year, at Faneuil Hall, perhaps the most historic building in the City of Boston.  (The Great Hall, where the ceremony takes place, is pictured here . )  The ceremony is entertaining and informative (thanks to the outstanding work of Supreme Judicial Court Clerk Maura Doyle), and inspirational (thanks both to Clerk Doyle and to the inspired remarks and calls to public service of the various Justices of the Supreme Judicial Court who take turns presiding over the Court session).  This year the occasion has been a little bittersweet, as many of the new lawyers either have been unable to find job

This editorial from today's New York Times says it all.  A toast not only "for the steady currents, flowing out of the past, that have brought us to this table," but also to the unexpected, "for all the ways that life interrupts and renews itself without warning." How drab our collective lives would be without this Thanksgiving Day.  Best wishes to all. http://www.nytimes.com/2009/11/26/opinion/26thur1.html

As the holiday approaches, it is customary to pause and reflect on those things for which we are thankful.  Many of our causes for giving thanks are personal, but we should not overlook the blessings of our professional lives.  As the legal profession, like so many others, struggles through difficult times, and as the burden of those times falls heavily and unfairly on many talented and dedicated lawyers, it becomes more difficult to see reasons to be thankful.  When the stresses and strains of modern law practice start to wear on me, I find it helpful to think of a balance sheet, that lists both assets and liabilities, and to use this time to focus only on the assets side, knowing full well that I spend more than enough time the rest of the year focused on the liabilities.  And I find it helpful to think beyond my personal situation, to the lives and works of others.  So, here is a partial list of those things for which I am thankful today. I am thankful for the many brilliant peopl

I don't pretend to be an expert on the current healthcare debate, nor have I had the time to follow it as closely as some.  I have read a few articles, listened to a few speeches, and engaged in a few conversations, usually with people who are no greater experts than I am.  I understand that critics think the healthcare reform law will cost to much, while supporters say that if it's not passed we will end up spending more.  I have cringed at the shouting at town meetings by people who react emotionally rather than rationally to the issues, and who would be well advised to listen rather than speak. But for me, putting aside the details and complexities that the policy makers and Congress have to grapple with, it comes down to this.  I had my annual physical yesterday.  It went well, with no surprises. I left with the peace of mind of knowing that there is a primary care physician I am able to see every year, or more often if necessary, who has ready access to my medical histor

I'm going to break from the focus on law, and turn briefly to the arts.  This weekend brought me back in touch with some songs, and one  poem, whose sheer lyricism caught me by surprise.  It started Friday night at the TD Garden, before the Celtics game, at the singing of " The Star Spangled Banner ."  I've heard the song a million times, but this time I shut out the distractions and listened closely to the lyrics, trying to envision what Francis Scott Key witnessed during the British attack on Fort McHenry that inspired the poem.  You would think I'd be inured to the familiar lyrics sung at every major sporting event, but I'm not too embarrassed to say I got a little choked up as I let my imagination carry me to that monumental Maryland night.  (The game was entertaining too, although my team lost to the very talented Phoenix Suns.) Then, last night, my wife and I went to see Maureen McGovern's one-woman show at the Huntington Theatre , " The Long

Critics of plans to create the first public law school in Massachusetts argue that there are already too many lawyers. This argument finds support in the current contraction in the legal industry, in which law firms are laying off lawyers, cutting back on hiring, and reducing salaries and bonuses in record numbers. David Yas, Publisher and Editor-in-Chief of Massachusetts Lawyers Weekly , counters that, although there may be too many lawyers seeking jobs in private law firms, there is a scarcity of community lawyers and lawyers in public service jobs. A public law school, he argues, would allow students from economically depressed communities who cannot afford private law school tuitions, and who may be more motivated to represent those most in need of access to justice, to become lawyers. Instead of an over-supply of lawyers, Yas suggests, there is a shortage, at least when it comes to serving the needs of people who live in such communities and the poor. I don't know whether h

The first time I learned the phrase, "the more things change, the more they stay the same," I was a teenager reading an article in "Circus" magazine, a periodical devoted to the music scene of the late '60s and early '70s. (The article included the French version of the phrase, but I won't embarrass myself by trying to set that out here.) I don't remember the point of the article today, but that phrase and one other stuck with me. The other, which sometimes applies to the way I approach blogging, is "How do I know what I'm thinking until I see what I say?" Wisdom for the ages. A year ago at this time, America voted for change, and change was badly needed. We were stuck in two wars, the economy was in shambles, and we were as divided politically and culturally as we have ever been since the 1860s. Although some progress has been made under the current Administration, our basic condition has not changed. We remain in Iraq and Afgha

The legal profession is going through dramatic change. What no one knows right now is whether the change is lasting or fleeting, and just how far reaching it will be, but there is no denying that it is occurring. Law firms are laying off lawyers and staff in record numbers across the country. More law school graduates cannot find jobs, or are told they must wait months or even years before reporting for work. Corporate clients' legal budgets are squeezed, prompting more of them to demand "value" and to request alternative billing arrangements. State courts are also squeezed, having to lay off personnel, close courthouses and function without law clerks. Organizations that provide legal services to the poor have lost funding, forcing them also to lay off legal and non-legal staff, just as the need for legal services has grown. More litigants are appearing in court pro se, which also places a greater strain on the court system. In these difficult times, lawyers canno

It is mid-October, and that means that it's time for the Head of the Charles Regatta in Boston, that great crew race on the Charles River. Thirteen years ago this weekend, the Regatta was cancelled (I think for the first time ever) because of extremely heavy rainfall. The rainfall overwhelmed Boston's high-level sewer system, causing raw sewage to gush out of manholes and flood the basements and backyards of a low-lying area in Roslindale, Massachusetts, damaging real estate and destroying many people's personal belongings. The affected residents in the Archdale Road neighborhood of Roslindale contacted the Massachusetts Environmental Justice Network, which put them in touch with a sole practitioner/environmental lawyer named Jamy Buchanan. Jamy approached an environmental lawyer in my firm for help in resolving the residents' claims against the the two agencies responsible for the sewer system, and that lawyer put her in touch with me. Because the neighborhood was

When I first came to Boston in 1979, I stayed with my friends Gregg and Terri at the Brookhaus in Brookline Village while I looked for an apartment. Gregg was a good friend from high school (and earlier). We shared a love of music (the folk/rock variety), and were in math and other classes together throughout our school years. When I was in law school, Gregg was in graduate school at Buffalo State University, studying statistics, but he transferred to Harvard when his adviser left Buffalo to join the Harvard faculty. Gregg's adviser was Stephen Lagakos. A few short years later, while at Hale and Dorr, I was assigned to work with J erry Facher on the case about a leukemia cluster in Woburn, Massachusetts later made famous in the book and movie, "A Civil Action." Although initially I worked on all aspects of the case, about a year before the trial I was asked to take responsibility for preparing the defense to the medical causation claims in the case. The principal

When I was a second year student on Law Review, one of the third year editors told me that the reward for doing good work was more work. Because we were performing a volunteer service, without compensation, the comment was meant to be ironic, as the "more work" more closely resembled punishment than reward. Of course, in the real world of law practice, where lawyers usually are paid for their services, getting "more work" is the goal, and many turn to marketing as the means to achieve it. Law firms today employ professional marketing staff, some lawyers participate in marketing committees, and some lawyers and firms hire outside marketing consultants. Legal marketing seminars abound, and the twitterverse and blogosphere are awash with legal marketing advice. (I suppose this entry may even fall into that category.) With so much time and attention being paid to marketing, it may be too easy to forget the wisdom of my senior editor's comment that more work is

One of my favorite films is "Nobody's Fool."  It is based very closely on a novel by Richard Russo, and stars Paul Newman, Jessica Tandy, Bruce Willis, and Melanie Griffith.  The main character, played by Newman, is an old, washed out, loser of a never-has-been named "Sully."  He is divorced, broke, gimpy, and haunted by the memory of an abusive father.   The film is not your typical box office hit.  There is no action to speak of, no special effects, no killer soundtrack.  What there is is redemption, and a change in audience perception.  For by the time you get to the end of the film, you realize that this old man who never graduated from college, never held a steady job, failed at fatherhood and failed at marriage, has, in quiet, subtle, yet very deliberate ways, healed the broken lives of those around him, and found salvation in the process.  His satisfaction in making a difference in people's lives, without any need for thanks or recognition, is what im

Reflecting further on my last post, I realize it suffers from incompleteness.  While I and others may have experienced a renewed sense of unity and grace in the weeks and months following the horrific events of 9/11, I would be remiss to ignore the dark undercurrent to the national character that still haunts us.  I refer to the demon of racism.  For while many of us came together in a spirit of patriotism and humanitarianism in the wake of our collective tragedy, there certainly were others who began profiling those among us who were visibly different, particularly persons of middle eastern origin.  I did not intend to wear glasses of such a rosy hue to forget my fellow American citizens and foreign nationals who fell victim then, and fall victim now, to racial stereotyping.  Yet I look forward to the day, as a great man once said, when all people are judged not by the color of their skin, but by the content of their character; when profiling, stereotyping and persecuting fellow human

We all remember where we were when we heard about the September 11th attacks.  I was in heavy traffic on the Massachusetts turnpike, heading into Boston.  My wife called to tell me that she was watching t.v. and they reported that a plane hit one of the twin towers.  I envisioned a small plane, maybe with just a pilot and no passengers, and assumed that the collision was an accident.  As she continued to describe the television coverage, she saw a second plane hit the other tower.  It was immediately obvious that it was a terrorist attack. I made my way into the office and found our lawyers and staff in a conference room watching the t.v. news.  Many were visibly frightened, and all were struggling to make sense of the morning events.  We were in one of downtown Boston's taller buildings, and I tried to reassure myself and those around me that our building, tall though it was, was an unlikely target for terrorists.  From many of our conference rooms and offices we could see Logan

Characters in Shakespeare's "Twelfth Night" play a vicious trick on poor Malvolio.  They forge a letter, which they pretend to be from Olivia, the mourning sister, in which "she" confesses her secret love for him.  The cleverly drafted letter causes Malvolio to behave in strange ways that lead those not in on the joke to believe that he has gone mad.  The letter also contains a famous line, understood as serious by persons not familiar with the plot (and, of course, by Malvolio), though intended by the pranksters to be part of the devastating practical joke.  The line:  "Some are born great, some achieve greatness, and some have greatness thrust upon them."  (Modern audiences may miss the sexual innuendo that Shakespeare intended in the last of the three clauses.) The world has recently lost some "great" people.  None of them was born great (though one was born into a "great" family), and none had greatness thrust upon them.  Rather

From the time I was six years old, I admired the Kennedy family.  I knew nothing about politics as a child, but the First Family was not just about politics.  The charm and mystique of Camelot inspired even young children like me, who could identify more with Caroline than with her famous father.  It was often a lighthearted admiration.  My family owned a record album of a comedian who impersonated the President, and I would listen to it on our stereo and memorized some of the funny bits.  I also remember the Cuban missile crisis.  Though I was not quite eight years old when it happened, I watched the President address the American people on television, observed my parents' nervous concern, and went to bed at night wondering if I would wake up in the morning.  I'm sure I was much older, probably in college, when I finally understood that Jack and Bobby Kennedy's wisdom, their courage in rejecting the unsound advice they were receiving from their top military advisors, and t