Longevity of a Legal Career
So, when the inquiry went out to pen an article about “Longevity,” my name was on the list of suspects. I am approaching my 80th birthday, I was a trial attorney for over a decade, a Superior Court judge for 20 years, a neutral for 20 more years and I still enjoy the law business.
There are many aspects of longevity other than merely the dash between the dates. For example, there is “internal luck.” Were you born with good genes? Did you experience any birth or health conditions that impacted your life?
There are also issues of external luck. During my lifetime, I experienced mumps, measles, chicken pox and whooping cough. No medicines or shots were available during those first few years at the end of World War II. Most importantly, before I was a teenager, the Salk Polio vaccine had been developed, so the nightmare of polio was taken off the table. Other external risks include mandatory seat belts and warnings about smoking and cancer. Most recently, there was Covid which was especially worrisome for my age group.
Perhaps the biggest life/death risk my generation faced was being drafted into the armed services. Viet Nam was a reality about the time I was in college/law school. I have visited my high school recently and viewed the list of my classmates whose lives were shortened by that conflict. I considered myself fortunate.
Dealing with these risks, the best thing about this life’s ride is the quality of the horizons between then and now. An attorney once asked without any flavor of derogation, “How could you stay in law so long? Aren’t you tired of it?”
Simple answer for me is, “No, I enjoy this life, the people in the legal community, the work so critical to a democracy.” Personally, I have never regretted a moment that I became a lawyer. My work as a hearing examiner, deputy district attorney, judge and neutral has been challenging, but the rewards and experiences were incredibly positive for me. Even my commute to work has never been longer than 20 minutes!
First Principle: Age is an artificial construct to mark the passage of time.
Hastings College of the Law is my law school. Our tenured law professors were all 65 years old or older (“The 65 Club”). They were recruited from their original law schools due to mandatory retirement. That was a great loss for those schools and a wonderful boon for us. Collectively, we learned Torts from Prosser, Real Property from Powell, Trusts & Estates from Simes, and Criminal Law from Perkins, among others. They were living proof that life does not end at some arbitrary age.
Second Principle: Seek work where you want to live.
My first legal job was as a “Hearing Examiner” based in San Francisco. We were state attorneys who conducted “Fair Hearings” to determine if social welfare applicants/recipients (AFDC, AB, ATD, etc.) received appropriate treatment by their resident counties that administered the various programs. There could be six to eight of these hearings a day. We would then write a proposed decision for the state directors of these social welfare departments based upon factual findings and the state regulations. These people were living close to the edge of life. We were given the responsibility of making recommendations which would have a direct impact on the nature and amount of aid. It was a sobering experience, and we matured very quickly on this job.
Third Principle: Seek a job that you want.
I had always wanted to try cases. When the opportunity arose in Contra Costa, I jumped at the chance.
The work of a criminal law lawyer is never ending. From filing, to motion practice, to trial work—the work hopper is always full. The amount of freedom and responsibility that went with the work was gratifying. I worked at the Richmond DA’s office. Our case load included a rich sampling of theft crimes, assaults, drugs, sex crimes and murders. We were allowed to handle more serious cases as we became more experienced. The usual rule was after three years in municipal court a deputy could advance to felony trials in Superior Court. This was a great job! The work allowed personal development and there was constant contact with other deputies, defense attorneys including public defenders, and a complete range of judges, police officers, and court attachés.
Fourth Principle: Take a leap of faith.
My work as a Superior Court judge had a steep learning curve. Coming from a criminal law background, the whole body of civil law and procedure had to be mastered. There was also a mental adjustment from advocate to judge. Once again, my fellow judges provided a lot of support. The attorneys I trusted provided a good measure of guidance. The cases were challenging but interesting. I also had the opportunity to serve on the first “Fast Track” panel in Contra Costa.
Fifth Principle: If you enjoy what you are doing, you never have to work for a living.
My work in ADR is based upon my experience as a lawyer and judge. The best part of this work is recognizing a legal problem, listening to the clients’ concerns, and working on solutions that are win-win solutions for all sides.
Sixth Principle: Examine your horizons fairly.
My life’s ride as a lawyer has allowed me to gain knowledge and skills from all aspects of law.
I personally experienced the change from laissez faire civil litigation to court-controlled “Fast Track,” from indeterminant sentencing to determinant sentencing in criminal law, from personal appearances to Zoom appearances. I had the opportunity to know each of the persons bearing a courthouse name. More importantly, I had the honor of appearing before and serving with some of the best jurists and attorneys in the state. There will be a time for me to get off this ride, but not yet!
As for you and your travels in law, how do you feel about your occupation choice? Do you enjoy it? It can be stressful work, but there are rewards. How do you counteract the negative aspects of work? Do you have a supportive personal situation at work and in your private life?
Final thought . . .
“Millions long for immortality who don’t know what to do on a rainy Sunday afternoon.” (Susan Ertz)