How to Succeed as a Lawyer1
More than 40 years ago, attorney Roland Boyd of
You are now in your senior year in law school. Maybe a few
things I have learned in 30 years in the law practice will be helpful. Law
school is teaching you things which will be good for your clients; the
following will be good for you. You cannot have professional happiness unless
you are financially successful.
One of the greatest pleasures in life is achievement. In my
judgment, if you will remember the following 21 things, you will have a long,
happy and successful career.
the rule of nine.
It works this way – nine people out of 10 are good, honest,
intelligent, decent and fair-minded people. Therefore, if you want to have the
odds, nine to one, in your favour, get on the right side of the issue. In the
legal profession the right side of the issue is the side that helps society. In
other words, don’t injure your fellow man. In the courtroom the rule of nine works the same
way. Nine times out of 10 the right side wins at the courthouse. But I believe
that the lawyers in the smaller county seat cities engaging in the general
practice of civil law are more convinced that the rule of nine really works,
than the average city lawyers.
2 Remember, a lawyer’s integrity is of vital
concern to the community.
If the butcher, the baker, and the
candlestick maker are not honest, this is not a major catastrophe. But on the
other hand, the lawyer plays such a vital role in the lives of his fellow men
that if he is not honest, it is a major catastrophe. Let me give you some
examples of vital roles a lawyer is called on to play:
a A few years ago, shortly after noon in July,
the door to my private office opened; there stood a man, a little past middle
age. I had represented him for many years; he was a successful farmer; he was
very pale, and was trembling all over as he said, ‘I have just made the worst
mistake a man can possibly make. I have killed a man, I knew a second after it
was done how terrible it was. For God’s sake, help me.’
b About 10 years ago, three members of a
family, two others of which had just had visited upon them one of the most
horrible crimes that had ever occurred in
c A few weeks ago, an elderly retired farmer,
a good, sound citizen, came to the office bringing with him a smartly and
attractively dressed daughter, apparently about 35 years old. He told me a
story of the daughter’s marriage to an energetic, handsome, well-educated,
dynamic young man, how well he was doing in business, how the family began
growing, and then embezzlement, then divorce, then a new life, then remarriage,
then robbery with firearms and murder, now a death penalty in just a day or so.
‘We need your help.’
d Several months ago, on Saturday afternoon,
while I was in the office with the outside doors locked, a telephone call from
a middle-aged man I had represented for years, as well as his father before
him, in a distressed voice, said, ‘I am downstairs, your door is locked, but I
was just praying that you were in. I must talk to you.’ When he arrived,
he showed me several daily newspapers that he had just gotten out of the Post
Office from a distant city. The headlines
and front page articles told a story of a liquor store stickup with the owner
being murdered when he tried to reach for a gun, the capture by police
blockade, the laboratory reports proving conclusively who had fired the
shot that killed the owner. His son. Crying like a baby, the man said, ‘Help
me. What can I do?’
might be employed by the State Bar of Texas to investigate, brief, file, and
try a fellow lawyer in a disbarment proceeding. This assignment cannot be taken
30 years of practising law I have felt that my professional duty required me to
ask a jury to take a man’s life on three different occasions. In two cases, the
jury complied with my request; in the third the defendant took his own life the
day he was sentenced for life. Under these conditions the only reward life
provides is a clear conscience. No profession can be more vital than one which
makes such requirements on its members. Therefore, the integrity of its members
is certainly of major concern to society.
3 Remember, always be nice to people regardless
of their social status, educational level,
or financial rating, because:
boy who is now ‘jerking soda’ at the drugstore, 25 years from now might be
president of the Investment Bankers Association of America and be calling you
about an important matter in New York.
boy who is now picking up scrap metal in the alleys and selling it to get
spending money, 20 years hence might be employing you to examine titles to
ranch lands he is buying in other states.
boy, who, on graduation from high school, said, ‘I am not going to college
because I already have all the education I need,’ might many years hence, by
being elected chairman of the board of directors of a major manufacturing
concern, prove the truth of his statement.
successful people in business can neither read nor write.
4 Remember, in the practice of law under a democratic form of government there are no secrets.
Therefore, don’t ever be a party to
anything, don’t put anything in a letter, don’t say anything in conference or
on the telephone that you would mind (except for your client’s interest) seeing
on the front page of a newspaper, on TV, or hearing from the witness stand, or
on the radio.
5 Remember, the best way to disarm your enemies
is to do what is just under the circumstances.
It absolutely drives them crazy.
Often it will throw them into such confusion that they become helpless.
Ordinarily their ‘double dealing’ will ‘backfire’ if you don’t resort to the
no people have ever developed a better method for settling disputes among men, than our judicial system.
It was developed by the legal
profession, and it has been through fire, millions of times; although not
perfect, it is still the ‘best’ there is. The ‘jury’ is the heart of the
system. Always defend the system. When you lose a lawsuit, don’t try to tear
the courthouse down.
7 Remember, the important thing, so far as
getting legal business is concerned, is what your
homefolks think about you.
Everything on earth connects on to
your town and then your block. How high you go in your profession depends on
who employs you. The important employment I have had in many different matters
which have necessitated my being out of the state much of my time can be traced
back to someone very close to home. So it is what your neighbours say about you
8 Remember, no profession makes it possible for
its members to enjoy a longer professional life than law.
So long as a lawyer lives he can
practise law. So long as he keeps his health and mind he can do it
successfully. Our neighbour, the late senator, demonstrated this fact; he
practised law for 70 years.
9 Remember, there is no ceiling on success in
the legal profession.
The only limit on the amount of
success you can achieve is your time and energy. And the thought that will give
strength to finish when the hour gets late and going gets rough, is that
irrespective of how it might look to others, you know you are fighting
according to the accepted rules of the game.
10 Remember, the end does not justify the means.
Two wrongs do not make a right. It is
better to lose than not to fight according to the rules. It is extremely easy
for a young lawyer to violate these rules. If you have a growing family to
support on a meagre income, there is a strong temptation to become lax on your
professional morals. Many times it might appear necessary to ‘fudge’ a little.
You will profit financially if you don’t do it. The magnitude of responsibility
entrusted to you is in direct proportion to the confidence people have in you.
No one can destroy the confidence of other people in you, except you. Integrity
is key; therefore, you must not only be honest, but also you must maintain the
appearance of honesty.
Remember, to be a good lawyer you must first be a good man.
Your sole ambition should be to be a
good husband, a good father, a good neighbour, a good citizen, and a good
lawyer. If you achieve this, you will have achieved all the success there is.
The pressure of life. In the space age, it is very easy for a young man to get
the idea that he must be a dynamic individual, he must break all records, he
must set the world on fire. If he gets this idea, he starts life with a
handicap. The papers are full of such cases at this time.
12 Remember, don’t ever put your interest in the fee ahead of your
interest in the case.
Your future depends more on the
manner in which you handle the case than on the amount of the fee you collect.
13 Remember, the primary purpose of the legal
profession is to find, recognise, interpret, and preserve the truth.
The quicker you
can learn the truth about any situation, the better off you will be. After you
learn it, don’t join issue against it.
14 Remember, your clients subconsciously make you
the guardian of their morals.
As inconspicuously as possible you
should assume this responsibility. If you do, and discharge it properly, it
will help you build a good law practice:
years ago a client who lived in a nearby city came to the office and said, ‘That
case you are representing me in, I got to thinking, that property represents 90
per cent of my life’s work. If you lose that case, I am ruined. A man told me
if I would go to so and so and pay him $10,000, then my property would be
reappraised at a high figure and I could settle without a trial. I have about
decided to do it that way. What do you think?’ I told him in my opinion he
would be making the greatest mistake he had ever made; that he had always been
honest and I couldn’t see any reason for him to change this late in life. He
reluctantly agreed. A few months later he was well pleased with the outcome of
his case, and told me many times that I kept him from ruining a happy and
successful life. He consulted me on every important matter for the balance of
few years ago about mid-morning I got a call from a local citizen who was then
in a distant city. He made an appointment as soon as he could drive. That
afternoon when he arrived, he explained that he had been a low bidder on a big
construction contract, that the second bidder had approached him on the
proposition that if he did not qualify, the second bidder would be awarded the
contract, then he would let him do the work and they would split the difference
in the two bids. He wanted me to write a contract that would bind both parties.
After explaining why no lawyer could write that contract without committing a
felony, he decided to qualify and perform, which he did. He and his entire
family have been my clients since then.
15 Remember, the courtroom is where the showdown
This is where the lawyer must ‘put up
or shut up’. This is the arena in which you must meet your adversary. There is
a large segment of the profession who avoid the courtroom in every possible
manner. This is a mistake. Of course, the courtroom is strictly the last
resort, but I never had any luck in handling matters in negotiation until I got
the situation in good shape for the courtroom. If you have a good case and are
well prepared, nine times out of 10 you don’t have to try it. If you are not
well prepared, you will either lose the case or coerce your client into an
unfair settlement. Trial work is essential for the general practitioner; until
you have a fair estimate of what you can or can’t do at the courthouse, you
have no true standard by which to measure your case. The trial lawyer is to the
legal profession what the surgeon is to the medical profession. An office
lawyer who never goes into the courtroom never knows whether he is rendering
the right kind of service to his clients. To be a good ‘trial lawyer’ you must
know why, where, when and how people ‘tick’. The highest compliment that can be
paid a lawyer is to say ‘He is a good trial lawyer’.
16 Remember, there is no sure way to bind men
together and keep them bound by any written instrument.
The only thing that binds men
together is the fact that under all circumstances most men, without knowing
what the other will do, will reach for the golden rope of justice, truth,
decency, and fairness and thereby bind themselves to every other person who
grasps the same rope. This is the only combine (sic) that will endure.
17 Remember, to live for your fiftieth birthday.
Soon after I graduated and opened my
office, one of the service clubs had as guest speaker an evangelist who was
holding a revival in a big tent on the trade lot. In his talk he said, ‘I don’t
care what your life’s work is; if you are a young man just beginning, I am
going to tell you what to expect from life. If from now until your fiftieth
birthday you will make every decision in your business or profession in such a
way as you think helps society, from your fiftieth birthday on, for the balance
of your life, the pleasure you get from your life’s work will double every 12
months. On the other hand, if your decisions are against society, your
disappointments and your miseries will double every 12 months.’ I am now three
years past my fiftieth birthday. I believe the man was right.
18 Remember, money loses most of its importance
when you get sufficient food, clothing, and shelter for you and your family.
And at this point with most people
the pleasure diminishes as the amount increases. People who have nothing but
money have very little.
19 Remember, that the happiest man on earth is the
man who has to work for a living.
20 Remember, that many of your thrills,
excitement, unusual experiences etc will come in peculiar fashion and at
call from an undertaker saying the funeral has started, that he is calling for
one of the mourners who asked that you not accept employment from any one else
until he could get to your office after the funeral.
walking to the office just at sun-up during the middle of a long, vicious
trial, on coming to an intersection, seeing a man standing in the middle of the
walk, with no other human being in sight, who three days before said he was
going to whip you, on account of your role in the trial.
woman who drove 20 miles, rushed into your office, and said, ‘I just heard you
died of a heart attack. Thank God it wasn’t true.’
driving up to a filling station, the owner whom you don’t remember ever having
seen before, saying to a child, ‘Honey, go get your mother; this man talked us
out of getting a divorce many years ago. We both want to thank him.’
e Clients who send more than their fee, and say you
didn’t charge them enough (this doesn’t happen often, but it gives you a thrill
when it does).
you letters from distant heirs that you have never met.
coming to your office as new clients, whom you have previously sued.
21 Remember, that the people who stay hitched the
longest usually fare the best.
I believe you have the ability to
succeed in medicine, engineering, business, or almost anything you might want
to undertake, but you don’t have the time. To become thoroughly qualified, to
establish yourself and to succeed in any line requires an entire lifetime. So
the people who chart a course early in life and stay with it are usually the
ones who enjoy the greatest success. In the legal profession this same
principle applies to location. Many times each month, people come to my office
as a result of some association with them or other members of the family
several years ago. If you don’t stay put in one spot, you lose this advantage.
I believe that after you have
practised law for 30 years, you too, will know that law is the greatest
profession there is.
This article is reproduced with the
kind permission of the State Bar of Texas.