So, I was talking to a woman recently. Was a "non-law" conversation but she knew I was a lawyer. She was explaining her idea of "nice," which in essence was ... a person smiles and facilitates happiness. 

And she asked me, "Are you a nice lawyer?" 

I proceeded to explain to her (in so many words) that while I am generally professional and kind it doesn't necessarily follow that I will avoid confrontation and being "Dr. No" doing something perceived as "not nice" when it is called for to get where a client needs to go. 

It seems to me that niceness is an overvalued quality in the modern world. We have a lot of people smiling at each other without meaning it. We are connected, it seems, but how are we doing with real communication that moves the ball? But I digress ... 

Two stories that demonstrate two different looks at niceness: 

First, years ago, I was involved in a contentious construction case. The opposing lawyer was obnoxious and repeatedly tried to provoke my clients during their depositions. My client said to me before the other side's deposition: "He was an ass to us; I want you to be an ass to him." I responded, "He is trying to be an ass. I am trying to win." 

Second story: During a hearing a judge was telling the parties his philosophy of how he wanted the parties to simply "open their files" rather than engaging in traditional discovery practice with objections. Respectfully, I am not going to do that. It might make the judge's job easier, but it is not my job to make the judge's, or any one's job easier. My job is to represent my client, even if others around me think I am not being "nice" or cooperative. Judges will often appeal to professionalism, but I wonder how they would feel if they were the client. 

Bottom line: Being liked is overrated. Doing right is undervalued. 

So, Arizona a couple of years  ago became the first state to allow non-lawyers and entities to own law firms; Utah is trying to follow suit, so to speak. No one outside the legal world notices or seems to care about this development because: a) it is only a state or two; and b) who cares who owns law firms, right?

Well, the answer to a) is that this is likely a trend, one that we have seen in other industries re: consolidation and corporatizing across the country (and even the globe). So, the belief is this will help the end user/client by, hopefully, lowering fees and expenses for certain legal services, such as, as will, drafting corporate documents, wills and trusts, and simple, standardized agreements in various industries. In short, those practices powered by forms (we all have them but some practices are dominated by them). The practices that are form-driven can be, in large part, efficiently run by associates and paralegals. Such practices should brace themselves for the coming consolidation, and the increased competition and concomitant downward pressure on fees and margins.

Clients of such firms could benefit, provided that services remain at the same level, in spite of diminishing margins. 

However, firms of trial lawyers should be largely unaffected. Why? For better or worse, what we do is scaleable only so far.  That is, you can't standardize persuasion, fight, creativity and the knowledge and recollection of a thousand different cases playing out.

In the world of trial lawyers, the future now (more than ever) belongs to the small firms, the light legal infantry where every office is armed with the same technological weapons as the lumbering and struggling behemoths. The coming consolidation will only highlight this reality. 

So, no one is going to be buying up RutLaw any time soon. But that is okay, as we are not for sale. 

Greetings, all ...

Well, after a great, nearly five-year run at 2700 Research, we have moved our physical office to 819 Crossbridge in Spring, Texas. The new office is beautiful and located in South Montgomery County. We are officing in the same building with The Tough Law Firm. Bruce and Diana Tough are collegues and friends, and we are excited and grateful for this opportunity. 

Over the years, I have thought a lot about our physical office space. And while the physical space for a law office is not the most important thing, it is still a thing. Lawyers need a place to meet staff and clients ... and host depositions and in-person meetings (yes, these still occur!). And if the space looks great, is accessible, and comfortable, all the better. And also, it helps to be in an environment where you can see other lawyers and collaborate on cases and share ideas. You can't do this hanging out at a Starbucks. We live in a world of free agents, but we still need relationships, and to meet with other people. 

And so ... as we had at Augusta Pines, and 2700 Research ... we have a new home where we can continue to do excellent work. And ultimately, this is the purpose of it all -- serving our clients ... better than ever. And our new home helps us do just that. 

Come by and see us ... 

Let's face it, over the years, keeping up with Continuing Legal Education requirements has been a chore.  A pain.  A necessary evil. We lawyers have to get these done by our birthday month to be in compliance with Texas State Bar rules ... so, Happy Birthday to us.  

However, with more options (in particular, online), doing CLE has become less of a chore. This has been a good develpment as I am working toward a couple of certifications. And personally, I have found I am seeking out certain courses, and I have even found that some are really good.  A CLE course that is informative and somewhat interesting/entertaining is gold.  I am finding more of these as time goes on.  

On a broader level, I think it helps in general to have a growth mindset not just in law, but in life. That is, if we have the mindset that we are unfiinished products with work to do and things to learn, then we are open to such opportunities. Call it CLE ... Continuing Life Education.  I guess I am seeing that personally, that is, the desire to get better in all phases makes me open to learn ... even to experience what might be mundane or "boring."

In fact, the "boring" starts to dissipate.  I don't do boring, to be honest.  

Too much to do ... and learn, still. 

So, what are you reading?  What are you learning?

Rock on ... 

Virtual proceedings are continuing even after Covid-19 has ebbed. And we have all heard that the "new normal" in our respective spheres and told how everything in the New World, post-pandemic, is grand and virtual ... and seeing people and doing things in person is so ... 2019. Well, not exactly. 

There is, after all, the Confrontation Clause (the 6th Amendment) that applies to criminal cases ... and, as per case law, to civil cases, as well. Parties are entitled to face opposing parties. This protection prevents all sorts of mischief. Some have argued that appearing via camera or computer works the same, but we know by experience that is really does not. And now, post-pandemic, we have been spared court battles over the issue of how far certain courts were going to go in this regard. 

Bottom line ... depositions and any hearing that requires extensive documentary evidence are difficult remotely. The flow of testimony is a challenge to manage, and the typically unwieldy usage of documents remotely shifts the advantage to the witness. And then there are witnesses who solicit aid from others lurking out of view of the camera. And then there are wifi freeze-ups, thunderstorms that knock out power, etc., and on it goes. Testimony, especially with documents (constitutional issues aside), especially with documents, is difficult to do remotely. 

But there are some things that work ... work even better ... in a remote setting. 

For instance, attending hearings remotely typically works very well. Displaying documents (typically fewer than in depositions) works far better than trying to question a witness with them. With judges, being on a screen or in person is the same, and there are no constitutional issues to proceeding in such a fashion.  Oral hearings are not even required in most civil proceeedings. Plus, travel time is saved. The benefit in out-of-town cases is significant. 

And then there are mediations. I started as a skeptic of virtual mediations. However, my experience has been that virtual mediations work pretty well. This is especially so when there are good lawyers and decision-makers with authority present. And interestingly, the virtual format tends to free up decisionmakers to attend who otherwise might not make the trip to a lawyer's office and a traditional mediation.  

Furthermore, virtual mediations allow parties to use those good mediators who live and work in other cities. So, this enables parties to hire more competent mediators, indeed, the best mediator for that particular case ... regardless of where the case is or will be filed.  And again, mediations work virtually because there is no cross-examination and are typically not document-intensive. 

So, I will gladly see you at the next virtual hearing or remote mediation. 

Many years ago, a corporate client of mine told me what he called his "Lawyer's Prayer." It goes like this: "Lord, please protect me from my lawyer. I can handle the rest." Ha. Well, that was good. Makes me feel better, at least, that he had a number of other lawyers working for him.   

So, I got to thinking ... and I have expanded upon the concept. Thus, I came up with the "Expert's Prayer": "Lord, please protect me from my expert. I can handle the rest." Now, I have (and have had) lots of great experts through the years, but the point is ... you need a good lawyer to direct and manage the expert testimony in the case. There are many pitfalls in developing expert testimony in all types of cases, from the initial engagement through testimony. For instance, one thing that tends to escape many experts is how broad discovery is. So, when preparing a file it pays to prepare it truthfully in getting to a particular result, while realizing that the opposing side is ultimately going to see every piece of paper and every word in the expert's file. Your expert has got to do the right thing, appear to do the right thing, and do the foregoing persuasively.   

And here is yet another adaptation of the Lawyers' Prayer, that is, the Insurance Carrier prayer: "Lord, protect me from my carrier ... " You know the rest.  I see a lot of clients, both individuals and companies, who assume that the insurance carrier's interests are always just the same as theirs.  But this is often not the case.  A carrier's interest is in minimizing coverage, while the insured's is the opposite; carriers, too, often are oblivious to operational concerns of insureds or sensitive to business relationships impacted by the way a particular claim is handled. And, even when the carrier's interests are completely aligned with the insured, then an insured will want to know how a particular claim is being evaluated and handled; myriad mistakes abound by adjusters overwhelmed by claims and unable to focuse on the particualrs of each claim. Claims handling has a direct bearing on the insured's out-of-pocket via deductibles and increased premiums and loss ratios going forward. 

So ... pray for a lawyer ... the right lawyer ... to help you deal with the lawyers, experts, and carriers involved in the claims process.  

So, the the 10 year anniverary of Rutledge Law, P.C. came and went (quite unceremoniously) on February 1, 2022. Things tend to happen that way in a small shop. It's another day or work, fielding calls, dousing fires (large and small). Taking time to reflect and look around can get away from you. 

But this is a milestone, and I thought it appropriate to say a few words here.  Really, I have two: Thank you. 

Most new ventures fail in their first five years. I have done that first five twice now. The reason is largely good people, i.e., clients, mentors, lawyer friends and colleagues, great vendors, and staff.  As you move down the road in life and law ... and then look back, the relationships stand out.  They are the brick and mortar of any good organization and operation. 

I have clients who have been with me all 10 years; indeed, some were with me long before. At my old firm, I was given a send off with an encouragement to "make sure I take all my cases."  I got a good start, as a result.  Then, a commercial real estate friend let me use his conference room and address for mail rent-free to get started. Good vendors early on helped me find my way and figure out what was needed to make a small law practice run. 

And lawyer colleagues sent me work (and still do!) ... such a blessing.  

And at the core there have been my clients. God bless those especially who pay their bills on time and those who even say thank you. Still, after 32 years of doing this I get the biggest charge out of knowing that I helped a client solve their legal problems in a way that made a difference for them. I am grateful I have the kind of practice that enables me to do that. 

At the time I left Drucker, Rutledge and Smith (as the firm merged with Baker Donelson), I did not know what was ahead.  My practice had stagnated a bit over the three years prior to the merger. I needed a change, and the new outfit wasn't a fit for me. So, the transition came at a perfect time. 

In the last decade, there have been some interesting ... and sometimes uncertain ... times.  It is a like that when you are in a small shop. I mean, when I go on vacation, not only is no one "minding the store," the "store," if you will, is out of town. So, you just figure it out. I have actually had some fun along the way.  

On a macro level, we have watched as technology, efling, and the decentralization of the practice of law has continued to shift power to the small firms. In trial work, in particular, I always instinctively thought that the "light infantry" should and would have the advantage over larger firms that can sometimes be lumbering bureaucracies when responding to novel or fast-moving situations (i.e., those we often see in trial work). Now, we have seen this to be the case. The practice of law continues to move the direction of the smaller firms. 

After all, though a client technically hires a firm, they are really engaging a particular lawyer.  And that, I like. 

Now, at 10 years in ... my thoughts? I am excited for the next decade. 

Rock on ... 

Long time no see ... or long time, no post.  The challenges of running a small but busy law firm are ever present. 

But I am excited to be back at it, for yet another year.  Just got my 30 years of service notifications (that is 30 years as a lawyer, people) and next month will be our 10 year anniversary at Rutledge Law Office, P.C.. What a blessing ... More on that, later. 

To kick off the new year, I was asked to appear on the Tough Law Firm's "The Legal Fix" program.  It was a lot of fun.  You can watch the show here: https://www.youtube.com/watch?v=HlPG-9D83D .

Here's to a great year. 

I recently got a summons to jury duty.  It was interesting to be on the other side of the bar, to be questioned by the lawyers about whetther i should serve on the jury.  Turns out, I was the man who knew too much, so ... I was excused. 

A couple of weeks prior I was talking to a juror after a trial (in my usual role).  It was pretty apparent to me that this juror had not followed the Court's instructions in reaching his verdict. He was earnest, and he believed he had some personal know-how that was appropriate to bring to bear in the case (though the instructions said not to do so).   

I have also have my usual dealings with judges and witnesses ... Slometimes both judges make mistakes (I have heard) and sometimes witnesses do, too (maybe they have an off day).  

But the point is ... we all have a role to play in our judical system. And we need those roles to be fulfilled and done well.   

We need the judges to make rulings, both impartiallly and prediciably, so that we can know how to try our cases (or not, that is, to settle them). 

We need lawyers to advocate zealously within the bounds of the law, arguing every reasonable inference while understanding that we are not entitled to our own facts. 

We need juroris to follow the Court's instructions and judge the facts accordingly. 

And we need citizens to show up for jury duty and also, as witnesses, testify truthfully and provide information needed to resolve our disputes. 

These roles, sometimes in tension, are all necessary.  

We all have a role to play to make our judicial system work. 

Our criticisms of our judicial system ultimately falls to each of us to address. 

Been thinking about what constitutes greatness in any field, and this gave me as good as an excuse as any to talk about greatness on the field ... yes, to talk about baseball ... and the great Henry Aaron (who sadly left us this past month). 

I still consider Hammering Hank Aaron the true home run king, notwithstanding the exploits of Barry Bonds in the steroid era.  Aaron broke Babe Ruth's record of 714 career HRs in 1974.  Ruth's record was thought to be unattainable.  But steadlily, over a long career Aaron tracked it down.  

Hank Aaron's major league career spanned a remarkable 23 years.  The home run king never had a prodigious 50-HR season in his entire career; his highest season total was 47.  He led the league in HRs only four times ... FOUR times.  He won the league MVP award only once.  Yet, Hank Aaron was steadily on his way to immoratality.  

He was very good for a very long time.  That is greatness.  

We live in a flash-in-the-pan world, one that values fame over reputation.  But Hammering Hank's example shows us the way ... being good, yes, very good, today, tomorrow, next month, and next year.  That is how it is done. 

For us lawyers, it means doing the little things, the things we all can do. We call back clients, and we do what we say we will do. It means we prepare. It means we keep learning, adapting, and getting better.  We need not be the very best in every situation.  We only need to prepare and do our very best ... and be consistently good.  Do that for a long time, and well ... there is no Hall of Fame for lawyers (thankfully ... haha).

So, good (over time ...), yes, very good, is the road to great.  

Have a great day ...