Litigators tend to be type-A, highly-stressed sort of people. The omission of a document in discovery is usually a source of a great deal of activity and is considered important. Many of our clients are fighting over their livelihoods, or payments for work they did. And they may (or may not) be entitled to recover. We generally entered this profession because we enjoy a good argument and a good puzzle, but sometimes we lose a bit of perspective.
A little over six years ago, on Labor Day, I learned a second cousin of mine serving in the Illinois National Guard had been killed in Iraq. At the time, I was in a mini-feud with an attorney over the scheduling of depositions; who was going to go first; which office would have the depositions – you know the entire scheme. And it seemed very important until I received that telephone call. Two weeks later (as Hurricane Ivan was bearing down on Alabama), we learned the funeral would be that Friday. Having finally gotten everyone locked in for depositions on Friday, I informed my family I could not attend the funeral of our fallen cousin – one of a group of kids we called the “midget mafia” and who my grandparents babysat regularly. I still regret that decision. As a result of Hurricane Ivan, the other attorneys’ office did not have power that Friday, and (strangely enough) he refused to go forward with the depositions in my home (where I did have power). Rather than attend and take an important deposition, I pointlessly missed the funeral and accomplished nothing that day in the office.
I write this as we approach the sixth anniversary of his death (and of Hurricane Ivan, for that matter), and I hope that I have learned some perspective from that event. Being an attorney is an honorable profession, and our clients rely on us for ardent advocacy. And we provide that advocacy. But this profession, nor any other, should not be allowed to completely consume our lives. Depositions can and should be rescheduled when appropriate.
At the Annual Meeting this year in San Diego, Judge Karon Bowdre will be presenting “The Amazing Juristas,” regarding the juggling act we all perform – some of us with more success than others. I hope all of you – young lawyers and more seasoned lawyers – will attend both the DRI 2010 Annual Meeting (.pdf) and the session. It is simply too easy to lose perspective of our entire lives as we engage in daily battles with the other side, and hopefully, Judge Bowdre’s thoughts will help us regain or maintain the proper perspective.