Monthly Archives: September 2018

MidLaw among the mortals

I am back from Quebec where I was invited to present again my topic from last year in Vienna, “The Aging of the Professions and How to Stop It.”

Again, I brought my message of aging, disability, and death.

By some accounts, 25% of the legal profession is 65 years old and older.

And I bring this further insight: the older you get, the more you depreciate. If you are 60, it’s time to start counting.

Yes, I know.  Actuarially, your life expectancy actually begins to lengthen modestly after a certain point on the principle that, if you survive for long enough, then that implies that you will continue to survive modestly longer than what the projection might have been earlier.

But (in the end) life expectancy is really death expectancy, and it never goes away.

Of course, this insight, that the older you get, the more likely you will experience the depredations of age, has major implications for individual professionals (“Old Lawyers Not Fade Away“). But in Quebec and Vienna, my point was that there are different implications for the management of professional firms that demand separate attention from the implications for individuals.

More than that: BigLaw has options — mandatory retirement, client succession, senior status — that may not be open to MidLaw. And, increasingly, small firms and solo practices have options to sell that are not open to mid-sized firms.

So, the issue of aging in mid-sized law firms demands separate, different management. The issue is strategic and the solutions are not as simple as the terms “mandatory” and “retirement” may imply.

A different discussion ensues.

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Edgecombe County! – The view from 1891

Not long ago, MidLaw called attention to Joyner Library’s Digital Collections at East Carolina University. They collect and publish papers, photographs, maps, and other materials centered on northeastern North Carolina. There’s a trove of Tarboro and Edgecombe County materials there.

Partly in response to MidLaw’s post, a resident of Greensboro and descendant of Edgecombe’s Bridgers and Battle families came forward with a “motherlode” (her word, and she’s right) of documents. They include President Andrew Johnson’s hand-executed presidential pardon of Tarboro’s John L. Bridgers,  who commanded Fort Macon and earlier had commanded the Edgecombe Guards at the Battle of Bethel when Edgecombe’s Henry Wyatt was killed, becoming the first Confederate soldier killed in the Civil War.

Hands down, MidLaw’s favorite document from the motherlode is a 40-page pamphlet published in 1891, entitled Edgecombe County! North Carolina. Her People and Resources. The Foremost Agricultural Section of the State

It’s a unique and vivid picture of Edgecombe County in 1890 – in words and graphic sketches. And it evidences both how Edgecombe understood its past (“Cotton is no longer King!”) and also its robustly optimistic vision for the future (“The county offers every opportunity … and all that is needed is some men among us who have not cotton in their eyes, first, last and all the time.”)

It is spoken in the voice of an unabashed booster, seeking to attract people and investment to the County at the moment when Edgecombe was just beginning a major new emphasis on tobacco.

Tarboro is destined to be a great center for the sale and manufacture of tobacco. … How many of us thought, a little more than a year ago, what an easy mastery the bright leaf would have over King cotton?

At the time the pamphlet was published, the population of the County was 26,179. Only 7,956 of those were white. The pamphlet is breathtakingly racist and incidentally sexist as well:

It is well known that negro labor is unsuited to the cultivation of tobacco. It is a crop for white labor and small farms.

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What we want is increased white population to cultivate the tobacco crops in Edgecombe. 

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We cannot speak of the society of our section without bringing conspicuously into view our women … . They are the most refined and intelligent, and possess all the attributes of body and mind that are essential for them to adorn the highest society of the land. 

So, if African Americans and women are pushed to the side, then the pamphlet actually speaks for only about 4,000 people (about half the white people) in a county of 26,000.

But the claims it makes for Tarboro and Edgecombe – as an agricultural, manufacturing and railroad center – are exuberant. Local resources are confidently said to be without peer in the State:

  • The hotel accommodations cannot be surpassed in the State. (There is a page-sized sketch of “Hotel Farrar, Tarboro – Cost $40,000.”)
  • Four railroads run to or through the town.
  • The town has just completed the handsomest city hall in the State.
  • Edgecombe doesn’t owe a dollar; has better school-houses than any county in the State; and pays three times more per child for education than is the average for the State.
  • President Battle, of the State University, say[s] that there is a greater number of college-bred farmers in Edgecombe than in any other county in the State.
  • The most striking and notable characteristic of the people of this county is the very high degree of intelligence and culture prevailing among our farmers.
  • There is more culture among her people, as little crime and disorder, and more comforts and refinement in her homes than can be found elsewhere in North Carolina.
  • It is a land lying midway between the bleak North and the hot languid South, where peace and plenty bless all with their smiles.
  • There is no section of the country in which the seasons are more equally distributed than in Edgecombe.
  • Tarboro is as cosmopolitan as any town in the South.
  • Edgecombe’s citizens are the most enlightened, law-abiding, liberty-loving, congenial and courteous.
  • No more cultured, able and impressive ministers are to be found anywhere. Regular church attendance is very large.

Some twenty pages adumbrate Edgecombe’s unique agricultural potential. Beyond cotton, tobacco and peanuts (“no section is superior to this for growing peanuts”), the range of vegetables, fruits, ornamental plants, crops, timber, dairy and livestock that can succeed in the County takes twenty pages and more to describe – from 50-pound watermelons to turnips, rutabagas, asparagus, all fruits, the tea plant of China, trailing arbutus, yellow jasmine, burdock, and the finest thoroughbred horses bred in North Carolina. “You stir the earth, nature does the rest.” Opportunities in manufacturing, transportation, and finance go from here.

Judge H.C. Bourne, who had come to Tarboro from Mississippi found that

The people of Edgecombe are unsurpassed for their energy, pluck and perseverance. They are hospitable and liberal, broad in their views and enterprising – requisites that always command success.

No doubt, salt is needed with this dish. Not a pinch, but a boxful.

Still – despite all the moral and social short-sightedness – and the pall of knowing that a hundred years of Jim Crow lie ahead – Edgecombe County, and all its towns and villages (which are described) are pictured as rising, hopeful and enterprising places. Leading farmers are cited by name.

The hyperbole itself is a gushing resource.

This is a great little artifact: parochial, chauvinist, historical, nostalgic. And it’s hard to resist the conclusion that, with all its (undisclosed) faults, Edgecombe County is a pretty cool place –  where the citizens are uncommonly “intelligent and hospitable”, the “plants please the eye and make glad the heart”, and the people “only die from old age”.