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For over 35 years, beginning in 1961, ABC Sports broadcast a compendium of live and taped sporting events from all over the world called Wide World of Sports. It was an essential broadcast for all sporting enthusiasts featuring everything from popular track and field events, skiing championships, to lesser-known events like drag-racing and rodeo, and even offbeat inclusions like rattlesnake hunts. What everyone remembers about Jim McKay’s introduction was the opening sequence demonstrating “the thrill of victory” [see runner breaking the marathon tape] and “the agony of defeat” [showing Slovenian ski jumper Vinko Bogataj dreadfully miscalculating his takeoff on an Olympic ski jump, and tumbling down 2,000 feet of mountain like a ragdoll].
That term “the agony of defeat” became a national catchphrase for when things unexpectedly go wrong in any profession. Lawyers were not exempt. We all make mistakes, and they often result in a young trial lawyers getting their [ahem…] “heads” handed to them in their early years by older, more experienced barristers. But, as I have always preached, even bad trial experiences, when properly converted to knowledge, become good experiences for the future. Throughout my 48 years of law, I have learned so much from simply being in court, watching the great lawyers handle difficult trials… and even losses… and I have strived to remember those lessons for my own practice. In the final analysis, I try to ask, “how could that bad experience or outcome be avoided?”
That leads me to the point of this: the incredible value of mentoring. No matter what your area of law… and no matter how long you have practiced, you need other professionals in your orbit with whom you can consult. Asking for advice is not a sign of weakness; it is a sign of integrity. Pick up the phone. Call that advisor; make an appointment to talk if you must, but inevitably seeking guidance will be time well spent. If you are lucky, and I am extremely lucky, someday it will be your turn to assist, and you will be on the receiving end of that call. Never turn anyone away, unless you must due to an ethical reason like conflict of interest. When you are able to help another attorney through an issue or dilemma, you are the beneficiary of the satisfaction derived from helping another professional. True happiness is what comes back to you from “the universe” for helping others resolve their stressful problems. Assisting others is salve for the soul.
Like many others, I benefited while being the youngest trial lawyer in my office early on. I was enthusiastic, but anxious and confused. (Good Grief! What in the world is a “Bill of Review?” How do I draft a subpoena? And you’re sending me where? Docket call? What’s that?) I had patient older lawyers whom I could talk to, and they calmed me down (no small feat with my Type-A affliction). But the most important added element of my youthful practice was multiple opportunities to appear in court, pick juries and try cases, and often simply to watch others. I fear those regular opportunities are dwindling. Now I fear opportunities for mentoring may also be changing.
As we progress through a time when truth is now malleable, and fiction is an acceptable alternative, I wonder how some in our profession would guide the younger lawyers. Let’s sit-in on a modern, post-reality mentoring session, in a world where narrative often substitutes for fact, and allegiance gets more respect than actual competence.
Mentee: Gosh Mr. Menteur, I’m so happy you made time for me in your schedule.
Menteur: Well, thank my legal assistant. You’re paying me, right?
Mentee: I hadn’t planned to. Is that a problem?
Menteur: Sheesh. All right, I’ll give ya’ a freebee, but only a couple of minutes. Okay?
Mentee: Sure, thanks. Okay uh, let me start out: what is the first thing I should do when I file a new lawsuit?
Menteur: The first thing you do is find a fair judge, ya know, someone you know will rule for you.
Mentee: But I thought judges were supposed to be neutral?
Menteur: Well, here’s the thing. You can find out if they’re neutral enough by who appointed them. Get it?
Mentee: Uh. Okay, what is the best way to negotiate with opposing counsel?
Menteur: Negotiate? Why? If you’ve got the right judge, you just bully. Threats work pretty well. Don’t allow discussion. And avoid logic at all costs.
Mentee: Logic?
Menteur: Sure, who wants to be boxed in? Posture and threaten. Belittling works, too. And to tell you the truth, if you’ve got the right judge, the judge will handle that for you.
Mentee: Okay, I get it. But what If I’m in federal court and despite my bullying and threatening, the Judge rules against me.
Menteur: Oh, that’s pretty simple. You go to the Fifth Circuit and argue pretty much anything. If there isn’t anything, you argue “standing.”
Mentee: “Standing?” What’s that?
Menteur: Actually, nobody really knows anymore. But when the other side’s case is absolutely crammed full of evidence and legal citation, the lack of standing is like a “trap door” to dump them out on the street. It’s the easiest way to overturn decisions by “the wrong party” or “the wrong issue”- if you get my drift.
Mentee: Um… I’m not sure I do. Who’s the wrong party?
Menteur: Kid, you’re killing me. So cute. So innocent. Look, I gotta go. Are we good?
Mentee: Um… well. No.
Menteur: Great! Glad I could help. Remember: Good lawyers know the law. Great lawyers know the judge.
Mentee: (on phone) Mom? Is it too late to go to dental school?
I remind you all again: we are the most important profession in America at this moment in time. We are a force for good, truth, and- if we’re lucky – unity and healing. Try to do your share.
Keep the faith.
ENDNOTE
Clearly, this is a pure parody and fiction, save and except for case law like Ortiz v. American Airlines (2021) In re Ken Paxton (2023); Abdullah v. Paxton (2023); Whole Woman’s Health et al v. Jackson et al (2021); Planned Parenthood v. Kauffman (2020); Texas LULAC v. Elfant (2022) and Vote,Org v. Callanan v. Paxton, et al (2023).