Archive for the ‘Book Reviews’ Category

How to be a good lawyer: Keith Lee’s “The Marble and the Sculptor”

Tuesday, November 5th, 2013

The Marble and the Sculptor

Keith Lee

American Bar Association, November 2013, 180 pages, $24.95

 

I don’t like self-help books. They usually contain a single insight, repeated fifteen different ways, and padded out with anecdotes to fill a couple hundred pages. What might have made an excellent magazine article or blog post becomes a dreary monotone of “omg-check-this-out-guys!” hype.

I don’t like books on the practice of law. When they aren’t just plain foolish, written by marketing types who don’t get the concept of a learned profession, they’re banal. And I’m leery of anything written specifically for the “you are special” audience. They tend to skimp on hard truths and practical wisdom.

Keith Lee has written a self-help book for the “you are special” audience, on the practice of law. And I love it.

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Lee’s book is a primer for those just starting out in the profession. And it’s full of sound advice.

Taking his title from a quote by Nobel Prize winner Alexis Carrel — “Man cannot remake himself without suffering, for he is both the marble and the sculptor” — Lee wastes no time in making his point that becoming a good lawyer takes daily diligence, hard work, and a certain amount of self-sacrifice. Being a lawyer isn’t some job you go to, so you can live your real life after hours and on the weekends. Being a lawyer is your life. A certain amount of transformation is going to be necessary.

Fortunately, Lee has sound guidance on just what kind of transformation is necessary. Showing wisdom beyond his years, he lays out precisely the skills, habits and ways of thinking that lawyers need to have.

There is little fluff here. The chapters are short and sweet. He doesn’t repeat himself, but makes his point and moves on. He actually has a lot to say, and he seems impatient to get on to the next bit. This is a good thing.

Of course, you can’t have everything. His focus on concision means less introspection and analysis. He focuses more on the “what” than the “why,” so sometimes his assertions seem a bit conclusory, and at times I felt like I was left hanging. (In one example, for instance, he warns that the commoditization of legal services can become “overwhelming and dangerous” and then moves on, without describing those dangers. It wouldn’t hurt to include a paragraph or two explaining something like high volume efficiencies may work for routine, nonvarying services, but the second someone has a unique situation requiring creativity or thought, you’re setting yourself up for disaster — either you can’t spend the time and resources to give that client the individualized services he requires, or you do but at the expense of your other clients. Maybe in the next edition.)

But this is more than made up for by the good, sound advice that fills page after page of the book. Frankly, there are tons of books out there exploring all the reasoning behind each of his nuggets of wisdom. If you want deeper analysis, you can find it. But if you want a simple, straightforward “what do I need to know? what do I need to do?” then you can’t beat this book right here.

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As I said, the book’s chapters are short and sweet. Rarely more than a couple of pages each. They are organized into four neat sections: Law School, Fundamental Skills, Clients & Client Service, and Professional Development.

The section on law school leads off with a chapter provocatively titled “Do Not Go to Law School.” But don’t let that fool you. Lee is someone who clearly loves the law, and for all the right reasons. He wants you to go to law school, just not for the wrong reasons. The other chapters in that section are full of advice, not so much for doing well in school, but for taking advantage of those years to prepare for a rewarding career afterwards. A major theme in this section is that you probably aren’t as awesome as you think you are, because you’re too ignorant to even realize what you don’t know… so put in the effort.

The section on fundamental skills is meant to set out the rudiments of legal practice, the basic skills every lawyer must have just to do the job (and which must continue to be practiced and improved throughout one’s career). Here, Lee focuses on writing well, speaking well, and dressing well. Although I agree with all three, I probably would have chosen a more comprehensive set of necessary rudiments — Knowledge of the law itself in one’s field, the ability to do thorough research and meaningful analysis, clarity of thought, and the ability to communicate and persuade in writing and orally. These skills underlie everything lawyers do, from drafting a will to negotiating a deal to arguing in court.  I’d be the last to argue that dressing well is not important, but it is not a fundamental skill required for the practice of law. Oddly enough, I’d have preferred this section to be less detailed and more conclusory — the bits on rhetorical devices and the such are necessarily incomplete given the nature of the book, and a more simple “here’s what you need to learn, now go learn this stuff somewhere else” might have sufficed.

The section on clients and client service should be required reading for every new lawyer before being sworn in. The first chapter says it all: “The Privilege of Being a Servant.” We are here to serve our clients, first and foremost. If anything is sacred in this world, it is our duty to those who have put their lives and livelihoods in our hands. And we are honored to be given that duty. But Lee doesn’t just mouth this lofty ideal; he gets into the practicality of actually carrying it out. How the heck do you serve that client? For that matter, how do you get that client in the first place? He does so without trivializing the relationship, or turning it into a salesman’s mantra of leads and conversions. Recognizing the wisdom of others, Lee makes sure to share insights gleaned from others in the profession. (As he says elsewhere, watch others to see what works, and make it yours. He does a fine job of it here.)

The final section actually takes up the entire second half of the book, and shifts away from clients and the profession to talk about you. Your own personal fulfillment. How to succeed as a lawyer. But it’s anything but touchy-feely. The advice here is really about how to be good at what you do. What disciplines, habits, and choices are going to make you awesome — and by extension, make your life as a lawyer awesome? The chapter titles are brilliant (“To Sharpen is to Destroy,” “Personal Branding is Stupid,” “5 Basic Mistakes to Avoid in Your First Job,” etc.) and just reading the table of contents feels inspiring. The thoughts he shares follow through on that promise. Ending with “There Has Never Been a Better Time to Be a Lawyer” and the most essential truth of all “Chance Favors the Prepared,” the reader has to feel ready to run out there and be that great lawyer right away.

So get the book. Read it. Take those nuggets of wisdom and make them your own. Then go out there and be that great lawyer.

How to Win Friends and Influence People in the Digital Age

Friday, February 4th, 2011

Enchantment: The Art of Changing Hearts, Minds, and Actions

Guy Kawasaki

Portfolio/Penguin, coming March 2011, 211 pages, $26.95

As a rule, we don’t much care for books for business-types.  They’re like a print version of a cable-channel documentary — five pages of useful information, padded out with a couple hundred pages of anecdotes, rehashing, jargon and foofaraw.  Nevertheless, when the folks at Penguin asked us to review Guy Kawasaki’s latest, we kept an open mind.

We were pleasantly surprised.  It’s still a book for business-types, but this one has about 150 pages of useful information, presented with simple on-point anecdotes and only a little jargon.  Kawasaki has a fluid writing style that makes for fast reading and easy comprehension.  And as we read through it, we couldn’t help thinking it could help out the occasional trial lawyer, as well.

That’s because the book is a manual of persuasion.  Ignore the repetition of the word “enchantment” and absurd concepts like “delighting” customers.  This is a how-to book for getting people to make the decision you want them to make.  Although it’s written for marketing types, Kawasaki’s observations apply to pretty much any situation where person A is trying to get person B to see things his way.  (At least for most of the book, anyway.  The last third or so really is just for those in a corporate setting.)

He does a pretty good job of it.  The lessons are concise, but not glib.  The observations are clear and easy to accept.  His pointers and techniques make sense.

The book starts off by (more…)

Steering the Broken Machine

Wednesday, November 25th, 2009

Mississippi Gas Chamber

The Last Lawyer: The Fight to Save Death Row Inmates
By John Temple
2009 University Press of Mississippi, 234 pages, $25.95
Amazon.com :: Barnes & Noble

The world is loaded with books about criminal lawyers. They fill the shelves in the mystery and thriller aisles, dominate true crime and related nonfiction genres. After all, a book about what we do is almost a guaranteed page-turner. Conflict? We got it — trials, accusations, at least two sides fighting in every case. Character? Our characters range from the noblest of all to the most despicable and inhuman. Plot? It’s already there, from the crime to the acquittal or execution. And the stakes couldn’t be higher. We’re not fighting over love or money, we’re fighting for people’s lives and liberty.

So it’s no surprise that there are so many John Grishams out there, and so many nonfiction books about criminal defense. And with so many books out there, you’d think that there would be plenty that give a fairly accurate insight into what criminal practice is really like.

And you would be wrong.

For it is rare indeed to find a book that really does the job. There are plenty that entertain, grip the reader, and even have something worth saying. But books that really draw the reader into our world, and let the reader see it with our eyes and our experience? Such books are few and far between.

Which is why we were genuinely delighted to read The Last Lawyer, by John Temple, an associate professor of journalism and associate dean at West Virginia University. Temple is not a criminal lawyer, he’s not a mystery writer, and that’s a good thing. He’s the kind of writer who comes from the outside, and digs deep into his subject. Like the lawyers and investigators he describes in this book, he clearly put in the time and effort to find out what really happened, who did it, how it happened, and why. And then he took all that data and crafted it into a story that is no less powerful simply because it is true.

True stories almost always suffer from bad writing. “But that’s how it really happened” is a crutch for lame writing, an excuse for having told a story poorly. Yes, real life does not play out according to a scripted dramatic formula. But that doesn’t mean reality can’t be presented that way. The Last Lawyer, however, tends to avoid this trap. With few exceptions, Temple grabs the reader and doesn’t let go.

So okay, he’s a good writer. But what does he have to say? That’s the best part.

Because Temple really gets it. He really, really gets it. If you read only one book in your life about what it’s like to be a criminal defense lawyer, read this one.

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When we’re reading a book that particularly engages us, it’s like we’re having a conversation with the author. We find ourselves picking up a pen and scribbling back at him. Books at our house sometimes become dog-eared and annotated beyond any hope of resale. Our copy of The Last Lawyer quickly joined their ranks.

Why, when we already do this stuff for a living? Were we picking fights, or pointing out errors? Not at all. Instead, we frequently found ourselves encountering an insight, or a way of looking at things where we hadn’t looked at it ourselves that way. And we’d go “oh!” or “aha!” And then we’d take that fresh insight and run with it a bit in our head, and it would lead to a new thought we’d always sort of known, but had never actually thought before.

Not as much as we do when reading Proust, Patrick O’Brian or Terry Pratchett. But often enough. Often enough.

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The Last Lawyer takes you through Ken Rose’s decade-long fight to appeal the capital conviction of Bo Jones, a low-IQ Black man sentenced to die for a 1987 murder.

Trial counsel had done little of the work that needed to be done now, and the case had to be investigated from scratch.. Uncooperative witnesses, some who lied and others with good reasons to lie — these were the least of their worries. They had to deal with a client who just did not seem to get the concept. And worse, judges who didn’t get the concept, and couldn’t be bothered to make the effort in the first place. Prosecutors who were the opposite of sympathetic, who railed against attempts to make technical legal arguments, but who were perfectly happy to get a conviction on technicalities themselves. A broken legal system that, instead of seeking justice, becomes a machine for churning people into prison or the gas chamber.

The book takes you through ten years of this struggle, as Ken Rose and his team slowly and gradually discover the facts and arguments they need to save Bo Jones’ life. In the process, you get to see firsthand the best and the worst that our system has to offer. Like any other human enterprise, you see a handful of outstanding performers, another handful of ruinous subverters, and a huge majority of folks just going along to get along. You see a system with powerful inertia.

Our adversarial system is designed to achieve justice, but it needs honest and good-faith opposition to function properly. Both sides need to play by the rules, and try their best, if justice is going to result. And it needs judicial referees to keep a keen eye out, not only for fouls, but for merit as well. But the reader of this book sees law enforcement that isn’t always as honest as we expect it to be, prosecutors who stop trying to seek justice and instead get invested in winning at all cost, defense attorneys who stop protecting their client above all else and instead become mere grease in the wheels of this machine. And judges who have seen so many frivolous arguments that they can’t spot the valid ones any more, and who aren’t terribly inclined to look for them in the first place.

But there’s more to it than that. It’s not just the broken system. There is good out there. And you get to see that, too. The single most important variable in whether a case is won or lost is preparation. And you see how good lawyers prepare, do the hard work, take the time to do the job right. You see real dedication, not to ego or money or advancement, but to saving the life of a fellow human being. To seeking real justice. To making the system a little bit better, for all of us.

This is the day-to-day experience of a criminal lawyer. The sometimes odd personalities, the deep injustices, the soaring heights of the human spirit, and everything in between.

Go get the book.