Gentle Reader,
At the risk of a spoiler without a spoiler alert, the under analysis that you have grown to know and tolerate is changing. Not inexplicably since the entire world has changed in the past year. More on that later.
Speaking of changes, mask use has done a complete 180. Instead of being a sign that we are looking out for others and trying not to spread COVID, masks now signify that the non-wearer is vaccinated. Mostly. If you aren’t wearing a mask in public but don’t want to look like Typhoid Mary, perhaps a signal to others is in order- I suggest carrying a science book. I didn’t get the dreaded mancold or the flu this year, so I will continue wearing a mask. Besides, I have a lot of masks to use up.
Courts are opening for trials again in my part of the world. In-court meetings should be referred to as “offline hearings” going forward. Hopefully, some matters will still be handled remotely. Many lawyers have finally learned how to mute their microphones at the beginning of a mass meeting- it would be a shame to waste that new knowledge.
I gained some new knowledge this weekend as well. We all know that Memorial Day is a time to show our gratitude for the sacrifices our armed forces made and continue to make. Most of the lawyers I know who were in the military don’t talk about their service, especially those who were in armed conflicts. Choosing a profession that is full of conflict seems an odd choice after being in life or death struggles. I remain grateful to those who risked everything.
Memorial Day does not mean a time to reflect on all the things I have forgotten. When I was younger, I would often wonder “ why I am here?” Now the more pressing question is “where am I, anyway?”
The middle of the year is always a good time to reflect on the things we have lost, December being too full of emotion for reflection. It is especially relevant in our almost post-pandemic society. Law firms are among the businesses that shuttered during the last year and I include them along with lawyers who have died among the fallen we should remember.
Newspapers are among the fallen. If you are still reading this column on paper, yours is a rare publication. Even so, many have gone to an online format and newsprint versions are almost a novelty. By the time the post office delivers my newspapers, they no longer contain “news” anyway. Trees aren’t really being spared, they are just becoming lumber. As if we could afford lumber!
There are some things that didn’t end this past year but I wish had. We don’t discuss politics in this space but the practice of law is always up for discussion by politicians. My state legislature and others continue to make it more difficult to hold negligent actors responsible for the damages they cause. Humans go to jail for stealing from corporations, but corporate entities pay less and less for stealing our lives, livelihoods, and causing pain where it didn’t exist before. If only the right to trial by jury was as untouchable as the right to bear arms.
Lawyers and guns? When people from outside of my hometown talk to me about lawyers, they inevitably mention the one who threatened protestors on the street with a rifle. That won’t end anytime soon as that lawyer is running for a senate seat. I don’t know what his stance is on the issues, but his picture on campaign posters wearing a flannel shirt and standing in front of a tractor paint a much different picture of him than we saw in news photos in front of his mansion in a toney neighborhood.
I have been thinking about what I want to do after my law career ends too. That day is not near, but it feels nearer than a younger me thought I would at this point in my life. I was certain that I was the only one feeling this way but according to the studies, lots of lawyers are considering retirement earlier than in generations past. Turns out I am unique, just like everyone else.
What does the future hold for trial lawyers? Those under 40 are unlikely to have completed many civil jury trials, if they have done any at all. Likewise, fewer trial judges have spent much time arguing in front of the bench. As more seasoned trial lawyers retire, the pool of mentors for upcoming trial lawyers dwindles.
Our profession has gone from reading the law and serving apprenticeships to an era of feral lawyers whose knowledge comes from CLEs or television dramas. They will have less education through trial and error and more error without trials. I am not reminiscent for cloaks and wigs but the impact of the new order on our profession can’t be overestimated. Young lawyers have always been tough to stomach and I caused my share of nausea. Without my mentors to correct me, I might still be insufferable. Perhaps I am, but it is in spite of my mentors’ efforts and future generations of lawyers won’t have the benefit of that wisdom.
I don’t mean to be pessimistic, Gentle Reader, but reminiscing always invokes a bit of sadness in me. There is plenty in the past that we should be happy to leave there. I tend to forget the bad that is behind me and am happy to continue to do that. Given the state of my memory, it isn’t as difficult as one might imagine.
I have been writing in this space for almost two decades and change is on the horizon. Cue the big musical number. Thank you to all those who have stuck with me, and I hope you stay tuned.
©2021 under analysis llc. under analysis is a nationally syndicated column. Spencer Farris is the founding partner of The S.E. Farris Law Firm in St Louis, Missouri. Comments or criticisms about this column may be sent directly to Under Analysis via email at farris@farrislaw.net. Send them soon!