The Archives
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Legal Theory
Old Lawyers Don’t Die…
Having polished off a very engrossing biography of Alexander Hamilton, I have begun to read the biography of another famous American thinker, writer, and jurist: Judge Learned Hand. The first thing I found out is that his name wasn’t actually Learned, but Billings. Had his name been Billable, I guess he never would have made it to the bench. (Please, folks, tip your waitress!)
So in 1907, Learned Hand is considering leaving a big law firm on Wall Street in hopes of becoming a judge. His father-in-law, aware of how poorly judges are paid compared to high-powered attorneys at law, attempts to dissuade the young Hand. When Hand makes clear that he intends to be a judge, his father-in-law finally relents, promising to support Mr. and Mrs. Hand, even after his death. He writes:
“It’s up to me to add ultimately to the family store when my life’s action has been dismissed with costs…”
See? Old lawyers don’t die, they just get their motions denied, and are remanded for further proceedings in a higher court.
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Legal Theory
Purchasing Power
Lawyers have specific rules about conflicts of interest. Because of the nature of advocacy, you want your lawyer to have your interests in mind as he earns his paycheck. If your lawyer is also being paid by the other side to have their interests in mind, you’re not really getting advocacy so much as arbitration. (SIdebar: arbitration, by the way, is much cheaper than going to trial, and you can generally get your claim resolved much more quickly.)
The other big concern, of course, is keeping confidential information that your lawyer has confidential. To that end, not only is a lawyer prohibited from representing both sides of a conflict, but every other lawyer in his firm is prohibited from representing his opponents. And not just within the same trial, but in any two trials (about the same legal issue) where two clients have diametrically opposed interests.
Almost Legally
Life does not imitate Legally Blonde
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I don't know what's worse. Being too sick to make it to school to turn in your homework, or having to hand-write it in 2010.
