Tales from Tennessee Lawyers

1. Viewpoints

VIEWPOINTS 9
1 VIEWPOINTS The following accounts in this chapter are not stories per se; they are commentaries on attitudes within the legal profession and court systems, then and now. These accounts provide commentary about present-day judges, the rising cost of court fees, the lack of appropriate trial time, the lack of socializing among lawyers these days, the presence of fewer visitors in courtrooms in recent times, and commercial advertising. Favorable commentary is found in several instances in these accounts , especially in relation to female attorneys, who began to make inroads into the profession in the mid-twentieth century, lawyers and judges who reach out to help local people, and lawyers who continue to practice in rural, small-town areas. The following viewpoints were provided by lawyers and judges across the state of Tennessee. 1. “THINGS ARE NOT THE WAY THEY USED TO BE” I was very brash as a young lawyer. I could stand up and try a lawsuit from my hip pocket almost, and have no fear. But the longer I have practiced law, the more unsure of myself I get. I became conscious, so to speak. I wasn’t ready to take on every windmill that came along. And with that growing maturation as a lawyer, our ethics and board of responsibility have become more strident, in my opinion. We have to put up with so much from a disgruntled, upset client because of a bad result . And the pendulum has sort of swung the other way now, and I don’t like that part of the law. 10 Tales from Tennessee Lawyers I’m very fortunate in that we don’t have any tyrants as judges here in this area. But I’ve been to other counties where there is a robe fever. They’ve never done any real practice; they’ve never been in the real pits. What I wish is that our judges had more trial experience, more human experience in the law and its effects, as opposed to maybe being a district attorney for several years and then decide they are ready and qualified to be a judge. I just wish that we had a better system related to the judges. But where I practice, we have some good judges, and I’m very proud of them. They’ve given me a hard time over the years, but I probably deserved it for being too forthright or straightforward with my clients many times. Judges could be a lot better at streamlining, or cutting to the chase, as opposed to waxing eloquent, which is what they think they are doing. Raymond Fraley, Fayetteville, September 20, 2001 2. “LAWYER PRACTICE AND COURT FEES” Money was not my god when I was a lawyer. I never made a lot of money. I’m thankful for that now because I’m retired. I’ve had lawyers that’s made more money in one year than I’ve made in a lifetime. And today, they wish they had what I had. They wish they had retirement, but they’re still hitting the pavement because money is like water. It will seek its own level. The more you make, the more you spend. I never charged big fees, and I never sued anybody over my fees. It was more of a ministry to me. I felt like I was helping some people out. That’s why in my practice of law I never really practiced law; I couldn’t make the money. So, therefore, I worked for the state and the city. Fees today are probably ten times more than when I practiced in the 1960s and when I practiced in the 1970s, compared to what they are today. Court fees and court fines are astronomical, as are what the lawyers charge. In my opinion, I don’t think the lawyer is worth that much. Of course, I don’t think plumbers and brick layers are worth what they get either. Everything has gone up. I think a coke still needs to be a nickel! So, I live in the past. Don Dino, Memphis, January 7, 2004 3. “SIGNIFICANT CHANGES IN THE LEGAL SYSTEM” There have been different changes in different areas across the years. VIEWPOINTS 11 However, the most visible change is the increased acceptance of minorities and females in the legal system. But on an individual basis, over the last fifty years the biggest...