Coming Out

Any one who has common sense will remember that the bewilderments of the eyes are of two kinds, and arise from two causes, either from coming out of the light or from going into the light, which is true of the mind’s eye, quite as much as of the bodily eye; and he who remembers this when he sees any one whose vision is perplexed and weak, will not be too ready to laugh; he will first ask whether that soul of man has come out of the brighter light, and is unable to see because unaccustomed to the dark, or having turned from darkness to the day is dazzled by excess of light. — Plato, The Republic

There comes a point when a lawyer wishing to be solo has to come out to his colleagues, friends, and acquaintances. It is a rite of passage that all solos go though, and like all holy rituals is both a uniquely personal and private experience, and a common community bond.

At a recent meeting with a number of in-house corporate lawyers, I made my usual introduction during the inevitable round-the-table introductions and watched as the words “in solo practice” produced the expected awkward silence. It was a fleeting moment lasting for less than a breath, but that brief moment was sufficient to see the thought “some of my best friends are solos” pass through the minds of the other participants.

I am sure that it would be easier for them had I provided an explanation as to the reasoning behind this choice, but there is seldom time and no one ever asks. There is seldom time, because the actual reasoning behind my decision is too complex and personal to be easily translated into an elevator speech. I oft quip that I went to law school because, as far as midlife crisis go, it had a better risk/benefit analysis than the “mistress and Ferrari” option – which offers as much insight into my reasoning as an elevator speech would.

I walk an alternate path under a different sun and I should not be surprised when those unaccustomed to its light are dazzled and unaccustomed to its light.

You’re Not From Around Here

Bears MeetingI recently attended a program on the financial issues in farm divorce presented by another rural attorney with 20+ years of experience dealing with the nuances of farm divorce and rural practice. About halfway into a discussion on disparate division of assets when dealing with struggling farms,  a very important attorney interrupted the speaker with a question. You could tell this person was a very important because she introduced herself as Jane Smith with the law firm of Dead White Guy, Really Old White Guy, Old White Guy, and White Guy (a venerable metropolitan big law firm), was impeccably dressed in a tailored power suit, carried herself in a predatory manner that screamed “I’m just waiting for my stress-induced myocardial infarction”, and prefaced her question with “while the majority of my practice is metropolitan, I’ve handled 3 farm divorces” before launching in to a 5 minute critique of the educational levels of the clients she had represented, that any farm should be classified as struggling, the gall of the rural courts for even considering granting any thing other than a strictly equitable division of the assets, and the audacity of her client, and the opposing counsel and his client (apparently they did not listen to her dictates as to how things should be done). Apparently, this was a hot button issue for her. But lady, it’s apparent that you’re not from around here.

Now, I have to admit that she had a very valid main point – from a metropolitan point of view it makes little sense to accept a settlement that pays 38 cents on the dollar when there are millions of dollars of assets available in the form of land, buildings, equipment, livestock, and crops both in the field and at the elevator. After all the equitable solution would be to divide assets & debts equally; to sell off and settle up. However, from a rural perspective, it can and often does make sense to settle for 38 cents on the dollar if it means that the departing spouse walks off with cash in their pocket and the knowledge that their ex still has the potential to continue earning a living and to be in a position to pay support and maintenance – selling off and settling up means selling off someone’s means of employment. It can and often does make sense to take that 38 cents on the dollar if the departing spouse was not actively involved in the farming operation because this spouse is more likely to have an off-farm job and a regular paycheck. But lady, you need to check that attitude at the city limits, ’cause it’s just going to raise the hackles of us country folk and sure hits a number of my buttons. Continue reading

Herd Bound

Perhaps it was the 3 articles in the ABA Journal’s weekly e-newsletter expressing astonishment at the success of lawyers going solo, or perhaps it was the odd looks I got at  yesterday’s County Bar’s New Lawyers Meeting when I introduced myself a SOS (solo out of school), but I been contemplating about herd bound horses and the practice of law.

I’m in the long process of gentling a young mare – a process made a bit more difficult by the fact that she’s herd bound. Now, for those of you who don’t know, a herd bound horse has a strong “emotional” attachment to its herd. Now, if this attachment is great for long term survival in the wild – for the wild horse, the herd provides direction and protection (straying to far from the herd tends to get one eaten). However, for the domestic horse whose biggest challenge is waiting for the 6:00 PM bucket of oats this attachment can be both a source of amusement and a source of frustration for its human servants – there’s nothing quite like trying to have a quiet ride when your horse is screaming, prancing, and whinnying simply because you’ve walked out of sight of the other horses. Continue reading

Lasagna and Lawyering

Without a sense of caring, there can be no sense of community.

Anthony J. D’Angelo
For a community to be whole and healthy, it must be based on people’s love and concern for each other.

Millard Fuller

The inevitability of living in a small rural town is that eventually events conspire to prove yet again that farming is dangerous and that horsepower and steel can conspire to illustrate the fragility human body. Such events seldom happen in the clear light of day, rather they wait until those hours when fatigue fogs the brain and diminishes decision making. Yet, these moments are also the moments when one can glimpse the defining element of a rural community – the outpouring of care and support that follows in tragedy’s wake.

Continue reading

Within Lies Invincible Summer

When you have once seen the glow of happiness on the face of a beloved person, you know that a man can have no vocation but to awaken that light on the faces surrounding him. In the depth of winter, I finally learned that within me there lay an invincible summer – Albert Camus
Recently, I was asked if my being a rural solo practitioner was because I saw the practice of law as a vocation. After all, wouldn’t there have to be something more behind the decision to invent many tens of thousands of dollars into a legal education and then to invest even more starting a solo practice that, by its very focus cannot be expected to generate even half the income of the career I left behind. I found it strange to be faced with a question I had once asked a lawyer whose career was spent in public law and was amazed by how difficult a question it is to answer. Continue reading