July 4, 2022

Everybody has regrets. Some peeps will speak about them, and others received’t. However in case you say that you just’ve by no means had any, then you’re a mendacity sack of s**t, as one in all my shoppers used to say with some regularity. There’s a traditional Frank Sinatra (who he? Google him) tune, “My Means.” One of many traces within the tune is “Regrets, I’ve had a couple of, however then once more too few to say.” The songwriter was Paul Anka (Google him). Sorry, Frank, however I don’t assume you counted accurately.

All it’s essential to do is doom scroll by means of the pages of ATL and some other web site and you’ll learn examples of peeps who did silly dumb issues (they didn’t assume so) and didn’t get away with them. As effectively they shouldn’t.

There’s a brand new e-book out by Daniel Pink, who’s authored different books about how life has developed for the reason that flip of this century.   He writes concerning the numerous sorts of regrets that everybody has. Simply as nobody will get out of this life alive, nobody lives with out regrets.

Examples of regrets abound in our occupation. An lawyer who was convicted of conspiracy and securities fraud 5 years in the past and who has executed all the pieces demanded of him whereas on a three-year suspension, together with paying a tremendous, group service, and the like, didn’t get what he wished. When he sought reinstatement, the District of Columbia Courtroom of Appeals’ Board on Skilled Duty stated, “not so quick.” The Board discovered that the lawyer had not evidenced adequate remorse for his conduct and that explanations for his conduct didn’t add up.

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Do you assume remorse is one thing that you just didn’t do that you just want you had executed or one thing that you just did that you just want you hadn’t?

One other instance, this one in discovery: foot-dragging by both the shopper or the lawyer or each, failure to satisfy and confer, and different peccadillos. What do you assume would be the response when a Biglaw agency is going through a attainable $854K sanctions by taking part in quick and free in discovery? Regrets about how this was dealt with? Regrets in the way it appears to be like to the court docket?

How can one argue (with a straight face, after all) that it’s too late for the plaintiff to maneuver for sanctions now, after all not saying that delays had been as a consequence of protection delays? Wait, what? Is that this analogous to the scenario of an individual who murders his mother and father after which throws himself on the mercy of the court docket claiming he’s an orphan?

What about regrets over belongings you did that you just knew very effectively wouldn’t go effectively?  That’s the query that might/must be put to Rudy Giuliani, ATL’s King of Shame for 2022. My 9/11 admiration for him was misplaced as was proven within the ensuing years, however now he’s not only a shame, however a disbarred one. Do you assume he has any regrets?

After all, regrets require some pondering, some contemplation, some deep dive into consciousness and conscience. Given Rudy’s antics ever since 45 was inaugurated and even earlier than that, I doubt if deep pondering was a part of his evaluation, given his grasp/servant relationship with 45.

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Does John Eastman actually assume that he made all the best strikes for the best causes in his protection of 45? Will he lose his license to observe right here in California?

Does he care about his status, no matter is left of it?

We perceive that our function as advocates is to zealously characterize our shoppers. We additionally perceive that we must always by no means do something that might sully our skilled status, that’s, if we care about that. We’re all informed, from the earliest moments of our careers, that our skilled reputations are all that we’ve got. We remorse not successful a movement/trial we must always have received. The remorse in these circumstances is a useful gizmo for enchancment. We study from these errors and transfer on.

However some regrets are for much longer lasting and have penalties past fast apologies and guarantees to do higher. I don’t assume that remorse elements into many peeps’ pondering anymore. Two examples:

The Virginia State Bar has disbarred the Oath Keepers lawyer for a panoply of violations of the skilled guidelines. Do you assume he has any regrets in representing his shoppers on January 6? He claims he’ll attraction; good luck with that.

Do any Republican members of the Senate Judiciary Committee have any regrets for his or her therapy of Supreme Courtroom nominee Ketanji Brown Jackson? It was like a frat get together gone wild with members of the Grand Previous Get together (not anymore) attempting to outdo their Republican colleagues on irrelevant points, attempting to make her look unhealthy, attempting to dismantle no matter respect that the general public has for the “advise and consent” technique of the Senate. They had been well mannered on the outset, simply barely, however their contempt for the primary Black girl nominee to the court docket was evident and appalling. I’d hope that each girl and each pondering man had been turned off by what they noticed. As Elton John sings, “Sorry appears to be the toughest phrase.”

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old lady lawyer elderly woman grandmother grandma laptop computerJill Switzer has been an energetic member of the State Bar of California for over 40 years. She remembers practising regulation in a kinder, gentler time. She’s had a various authorized profession, together with stints as a deputy district lawyer, a solo observe, and a number of other senior in-house gigs. She now mediates full-time, which provides her the chance to see dinosaurs, millennials, and people in-between work together — it’s not at all times civil. You’ll be able to attain her by electronic mail at [email protected]