It’s hot around here, and it’s not even officially summer yet. The planet is pregaming the upcoming season pretty hard.
People are cranky in the hot weather. (Other people. I am cranky all the time.) The rage and lack of courtesy reaches a fever pitch this time of year and I have noticed it. Even in the court room.
Thrice in the last month I have seen a lawyer in court without an opponent. In the old days, we would call and check on the absent attorney or get the call if it was us that had missed the date. That doesn’t seem to be the case anymore. Only once in three sessions did the unopposed lawyer call the other guy.
I understand it- I certainly fare better on motion hearings when no one shows up to argue against me. Still, I call my opponent. If you stick around long enough you will miss something on your calendar and karma doesn’t miss anything.
Speaking of sticking around, I have spent more than half my life practicing law. I realized that this week when I had a birthday. Usually I am pretty nonplussed about a birthday. After all, I didn’t do anything but not die for another year. This year was a bit different.
It was one of THOSE birthdays. The ones that end in zero. It isn’t like the date made me realize that I am already a little old and getting older. I have a mirror and know that time is marching on, sometimes over my face. There is just something about saying my new age that sticks in my throat a bit. People I used to know who were this age were senior citizens. Now they are my peers.
Getting older isn’t all bad, I have mellowed over time. I talk to my contemporaries who have been opponents over the years and we gasp at the things we used to say and do to each other. Luckily we behave better these days. Most of the time at least. Judges aren’t immune from mellowing either.
I saw a former judge at a party recently. I had tried a few cases in his courtroom and the longer he was on the bench, the more difficult he became. Simple matters that should take five minutes instead required extensive briefing. I was glad when he retired.
Turns out my oldest kiddo moved into his neighborhood. My son had only introduced himself by his first name, so the judge had no idea who he really was. I know this because of the look on the judge’s face when my son introduced his father and the realization set in. It gave me the same feeling one has in trial- it is better to be the ambusher than the ambushed.
To his credit, the judge was the affable character that got elected to the bench in the first place. Gone was the humorless overthinker. I enjoyed the conversation and even a few of the war stories. He remembered one or two that involved me which were less enjoyable but still fun.
At one point, another guest asked him what he thought of the judge in the recently completed trial of Donald Trump in New York. Knowing the venue and guests at the party, I recognized this as the beginning of a political discussion. I avoid political discussions when possible and was looking for the exit.
The judge didn’t take the bait. Although I am certain he saw the political implications too, he stayed on the high road, complementing his New York counterpart for his temperance and management of the trial. While I suspect I know his political leanings, the judge didn’t show his cards one bit. I was truly grateful to get to chat with him.
It reminded me of a time when politics were less tribal and divisive. In the current climate, it was refreshing to see a judge, even a former one, hold to the ideals we are taught in law school. Namely that the judge is there to make decisions based upon the law and not his preferences. As he said, the best judges are the ones that you forget are in the room.
I don’t see the political climate becoming more friendly any time soon. Nor the summer one.
©2024 With All Due Respect. Spencer Farris is the founding partner of The S.E. Farris Law Firm in St Louis, Missouri. He isn’t ready to wear shorts and sandals to work yet but he is getting closer. Comments or criticisms about this column may be sent c/o this publication or directly to him via email at farris@farrislaw.net.