Saturday, May 12, 2018

SOUND COUNSEL

In his masterful autobiography William Tecumseh Coleman of Philadelphia, Pennsylvania, writes a marvelous story of his life as a fact, and as a significant factor in the dynamic history of the United States of America's plethora of aboriginal race issues that yet are encompassing it and defining it . COUNSEL FOR THE SITUATION RESHAPING THE LAW TO REALIZE AMERICA'S PROMISE (2010), which Bill Coleman wrote with Donald T. Bliss, contains useful information for anyone in any field of endeavor . He writes: "Mayor Dilworth would sometimes subtly intimate that in hiring prospective litigators, my requirement of an outstanding academic record and preferably a clerkship for a distinguished judge may have prevented me from considering some very capable young lawyers of color. Perhaps to make this point, he took it upon himself to interview and recruit a young Yale Law School graduate named David Pattinsky. After he described David's law school record to me I heartily agreed that he would be an excellent choice. I was surprised when David showed up at the office for his first day of work with a skin color like mine. His mother was black, his father Jewish. During my years practicing law I did not lower the bar recruiting and supervising lawyers of color. Although I then supported affirmative action programs to ease entry into law schools of persons from disadvantaged backgrounds, I believed it was their responsibility to work extra hard thereafter to establish a reputation of excellence, as Houston, Hastie, and Marshall [and William T. Coleman!] had done. Once minority lawyers with superior records were hired, I made sure they were given the opportunity to work for important clients on major business matters with nothing to do with race. Too often the large firms assign minority lawyers to discrimination defense work or pro bono matters. Today there are many highly qualified minority law students for whom the major firms compete vigorously. To retain such talent the firm needs to do a better job of creating challenging opportunities within the firm." P.188-189. Elsewhere he describes how one achieves excellence procedurally, in the legal profession, or in any other. For these ten principles are fungible, transferable into others'. "The experience of practicing law is a continuous education . Given our hourly rates we are rarely asked to perform routine or repetitive duties . Each new case or transaction presents novel and untested issues that challenge the intellect and force us to dig deeper into the many layers of the law. While I relished the intellectual challenge and the joy of successful results , I also learned from my senior and junior colleagues certain fundamental principles . Let me share ten points that reflect lessons learned during my sixty years of law practice. "First, read completely and master the underlying documents, whether they be the Constitution, a federal or state statute, a corporate charter, regulations, by-laws, a contract , or pleadings already on file with the court. "Second, if you want to climb to the top of the ladder, start at the bottom and accept menial tasks cheerfully and responsibly as part of a team effort. "Third, if you are given a small part of a major transaction or litigation, understand the full context to which your responsibilities will contribute --imagine yourself a senior partner in charge of achieving your client's objectives. "Fourth, keep your colleagues and clients fully informed about what you are doing and the status of matters you are working on. "Fifth, understand the common law roots that breathe life into the language of the Constitution, federal and state statutes, judicial precedents and legal documents. "Sixth, keep up-to-date on developments in all of the principal areas of law to ensure that you understand the full context of representations that you undertake. "Seventh, because the best business development is usually success for an existing client , make sure that providing timely, high-quality, and responsive advice to your clients is your highest professional priority . "Eighth , as your career progresses, stay in touch with your colleagues, former law school classmates, clients and other professional relationships. Throughout your career, your paths will cross, providing mutually beneficial opportunities. "Ninth, diversity pays. Working with a diverse group of people is not only stimulating and enjoyable, it also creates opportunities for challenging and interesting work. "Tenth, devote time and effort to public interest law and public service , which not only is personally rewarding but also is good business development." P. 192. William Coleman's first and second admonitions, especially, call for being assiduously excellent and humble. "[If] you want to want to climb to the top of the ladder, start at the bottom and accept menial tasks cheerfully , and responsibly as part of a team effort." This instruction reminded me of the teachings of Booker T. Washington on excellence and humility. One would have ordinarily believed they would be at odds with one another, with Coleman a wealthy, mainstream, Philadelphia lawyer and with Booker T. Washington being a relatively wealthy colored school founder and Negro leader. Their racial congruity and affinity may have been because "behind these was a substantial community , neither black nor white, proud and capable, whose strength was demonstrated by individual achievements but whose weakness lay in its lack of cohesion." P. 108, BOOKER T. WASHINGTON HAND HEAD AND HEART (1955) by Shirley Graham (DuBois). Excellence is the equalizer always !