• Christmas in legalese: “…Hosiery was meticulously suspended from the forward edge of the woodburning caloric apparatus… ” [1999]
• California lawyer using Prop 65 bounty-hunting statute goes after silver dragées found on some gingerbread houses [2005; more on gingerbread (and chestnut-roasting) hazards, 2002]
• Yuletide in old England less jolly given health and safety adjustments [2007, 2009]
• Santa’s extra helper might be a witness in case of litigation, and other items from the legal-Claus file [2005]
• “Law firm offers divorce vouchers for Christmas” [2009]
• Unable to cope with CPSIA testing rules, charity will discontinue donating handcrafted wood toys [2010]
• “Cease this shouting!” cried Grinch, “From all Yule din desist!” But he’d Moved To The Nuisance and so, case dismissed [Art Carden, Forbes on Whoville externalities] [2010]

Related posts

• U.K.: Xmas tree “designed according to principles of health and safety” (21)
• Poole townspeople to get a real Christmas tree (2)
• Miracle on 34th St. (0)
• Microblog 2008-12-25 (2)
• Haunted-house operators scared by lawsuits (0)

Related posts

• U.K.: Xmas tree “designed according to principles of health and safety” (21)
• Poole townspeople to get a real Christmas tree (2)
• Microblog 2008-12-25 (2)
• Haunted-house operators scared by lawsuits (0)
• Employee holiday party lesson (4)

Related posts

• U.K.: Xmas tree “designed according to principles of health and safety” (21)
• Poole townspeople to get a real Christmas tree (2)
• Miracle on 34th St. (0)
• Microblog 2008-12-25 (2)
• Haunted-house operators scared by lawsuits (0)

P.S. And let’s not even get into “Baby It’s Cold Outside,” “known as the Christmas Date Rape Song” [Ann Althouse]

Related posts

• Workplace bullying bills (7)
• U.K.: Xmas tree “designed according to principles of health and safety” (21)
• Tyler Clementi suicide case (0)
• The cry of “cyber-bullying” (3)
• Teen commits suicide, 9 classmates charged with felonies (14)

I am not an accomplished lawyer. I find quite as much material for a lecture in those points wherein I have failed, as in those wherein I have been moderately successful. The leading rule for the lawyer, as for the man of every other calling, is diligence. Leave nothing for to-morrow which can be done to-day. Never let your correspondence fall behind. Whatever piece of business you have in hand, before stopping, do all the labor pertaining to it which can then be done. When you bring a common-law suit, if you have the facts for doing so, write the declaration at once. If a law point be involved, examine the books, and note the authority you rely on upon the declaration itself, where you are sure to find it when wanted. The same of defenses and pleas. In business not likely to be litigated, — ordinary collection cases, foreclosures, partitions, and the like, — make all examinations of titles, and note them, and even draft orders and decrees in advance. This course has a triple advantage; it avoids omissions and neglect, saves your labor when once done, performs the labor out of court when you have leisure, rather than in court when you have not. Extemporaneous speaking should be practised and cultivated. It is the lawyer’s avenue to the public. However able and faithful he may be in other respects, people are slow to bring him business if he cannot make a speech. And yet there is not a more fatal error to young lawyers than relying too much on speech-making. If any one, upon his rare powers of speaking, shall claim an exemption from the drudgery of the law, his case is a failure in advance.

Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.

Never stir up litigation. A worse man can scarcely be found than one who does this. Who can be more nearly a fiend than he who habitually overhauls the register of deeds in search of defects in titles, whereon to stir up strife, and put money in his pocket? A moral tone ought to be infused into the profession which should drive such men out of it.

The matter of fees is important, far beyond the mere question of bread and butter involved. Properly attended to, fuller justice is done to both lawyer and client. An exorbitant fee should never be claimed. As a general rule never take your whole fee in advance, nor any more than a small retainer. When fully paid beforehand, you are more than a common mortal if you can feel the same interest in the case, as if something was still in prospect for you, as well as for your client. And when you lack interest in the case the job will very likely lack skill and diligence in the performance. Settle the amount of fee and take a note in advance. Then you will feel that you are working for something, and you are sure to do your work faithfully and well. Never sell a fee note — at least not before the consideration service is performed. It leads to negligence and dishonesty — negligence by losing interest in the case, and dishonesty in refusing to refund when you have allowed the consideration to fail.

There is a vague popular belief that lawyers are necessarily dishonest. I say vague, because when we consider to what extent confidence and honors are reposed in and conferred upon lawyers by the people, it appears improbable that their impression of dishonesty is very distinct and vivid. Yet the impression is common, almost universal. Let no young man choosing the law for a calling for a moment yield to the popular belief — resolve to be honest at all events; and if in your own judgment you cannot be an honest lawyer, resolve to be honest without being a lawyer. Choose some other occupation, rather than one in the choosing of which you do, in advance, consent to be a knave.

(see also post of four years ago, when we quoted excerpts)

Related posts

• “Law firm offers divorce vouchers for Christmas” (0)
• “I’ve always thought people would be very concerned if they knew what we were doing” (0)
• YouTube lawyer ads (3)
• You found your lawyer _how_? (1)
• Willie Gary marketing tactics (2)

Related posts

• Yet more from the publicity file (0)
• Yes, it has come to this (11)
• Yale Political Union debate (0)
• Worst places to get sued, cont’d (0)
• Work in Washington, DC at AEI! (3)

Related posts

• February 21 roundup (5)
• October 15 roundup (2)
• May 4 roundup (0)
• May 28 roundup (1)
• May 18 roundup (3)

Related posts

• February 12 roundup (3)
• Update: big-game hunter loses suit against ammo maker (0)
• U.K.: Great moments in immigration law (4)
• September 2000 archives, part 2 (0)
• Proliferation of Taser Suits (0)

Related posts

• U.K.: Xmas tree “designed according to principles of health and safety” (21)
• Poole townspeople to get a real Christmas tree (2)
• Miracle on 34th St. (0)
• Microblog 2008-12-25 (2)
• Haunted-house operators scared by lawsuits (0)

P.S. Also holiday-related: a Hallowe’en sighting of lawyers’ tongues [Robert Burns, Tam O'Shanter at Scots law blog Absolvitor via LEF]

Related posts

• U.K.: Xmas tree “designed according to principles of health and safety” (21)
• Poole townspeople to get a real Christmas tree (2)
• Miracle on 34th St. (0)
• Microblog 2008-12-25 (2)
• Employee holiday party lesson (4)