Category Archives: Lawyers

The march of 21st Century banking law — hermeneutics exposed

Lalita Clozel at the Wall Street Journal is reporting that:

Fed Vice Chairman for Supervision Randal Quarles said the agency’s policies on bank control have been difficult to parse, except for people “who have spent a long apprenticeship in the subtle hermeneutics of Federal Reserve lore, receiving the wisdom of their elders through oral tradition.

Wall Street Journal, April 24, 2019, Lalita Clozel, “Fed Moves to Ease Rules for Bank Investors.”

So, the Federal Reserve is promulgating new rules intended to elucidate (and loosen) its bank control policies. And so begins the lustration of yet another once tidy and “pleasantly remunerative” corner of MidLaw’s erstwhile law practice. 

This must be among the final steps in eradicating law practices where obscure practitioners could dispense subtle hermeneutics for a fee. Shame that.

O tempora, o algorismi!

 

Cartoon by P.C. Vey, New Yorker, March 9, 2009

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North Carolina lawyer John McMillan

Word has come of the death of North Carolina lawyer John B. McMillan.

John embodied the finest attributes and traditions of North Carolina lawyers. Among those was service to the profession and to the justice system. He combined humility and forcefulness with unique grace – proving indeed that humility and force can be combined gracefully.

Ten years ago, John wrote a very fine article, The Long Road to Founding the North Carolina State Bar. While the subject matter of that article is not directly relevant at this moment, it is a valuable, engaging piece and John’s voice is in it. I commented on the article some time back, and have thought of it since I learned that he has died.

A very, very fine lawyer and man.

Coffee

I’m not addicted to coffee. I never drank it until the Army. You have to drink it there, or at least you used to.

And coffee is a big thing if you are a lawyer.

Then, they started saying that coffee is bad for you. Blood pressure.

But now they say drinking coffee is good for you. Makes you live longer. I am serious. 

Well, fine. Drink it.

So now they are saying it’s an endangered species. Climate change. I am serious. 

No question about climate change here.

If we’ve got to fix climate change to get coffee pinned down, then get busy.

The uncertainty is killing me.

Sports and arts at Guilford College

Guilford College has very strong arts and very strong athletics. Right now, both are being re-imagined and newly resourced there.

Dana Giola, the Poet Laureate of California and former chair of the National Endowment for the Arts, once commented

I don’t like sports, but you’ve got to admire the energy, creativity, and innovation that goes into sports. And it’s very similar to arts. It’s a way of focusing human energy to create these symbolic encounters which have enormous emotional resonance to audiences

Guilford’s got’em both.

Giola’s comment affirms Guilford’s thinking. The student experience at Guilford crosses traditional boundaries. It finds connections, focuses energy, teaches the importance of symbolic encounters. It’s creative.

These are elements of a life lived well. Both sports and arts teach those things HANDS ON at Guilford College.

I’m amazed continually at how often people who spent their college years at athletics and arts and literature (and other such endeavors) turn out to have the chops to get things done.

Athletes make great executives; French majors make the BEST lawyers.

Bright long-term future of the right lawyers and mid-sized firms affirmed by tech guru

Kai-fu Lee, leading artificial intelligence exponent, makes the following observation about lawyers and artificial intelligence. He’s in line with MidLaw’s dogged confidence in the prospects of lawyers who focus on core (indeed, 19th Century) lawyer skills and MidLaw’s confidence in the mid-sized law firms that provide the best setting left for cultivating those skills. 

Top lawyers will have nothing to worry about when it comes to job displacement. Reasoning across domains, winning the trust of clients, applying years of experience in the courtroom, and having the ability to persuade a jury are all examples of the cognitive complexities, strategies, and modes of human interaction that are beyond the capabilities of AI. However, a lot of paralegal and preparatory work like document review, analysis, creating contracts, handling small cases, packing cases, and coming up with recommendations can be done much better and more efficiently with AI. The costs of law make it worthwhile for AI companies to go after AI paralegals and AI junior lawyers, but not top lawyers.

10 Jobs That Are Safe in an AI World

MidLaw has been saying so:

Justice innovations — chucking 20th Century models out the window

In the clamor about innovation in the legal profession, a singular idea is striking a chord.

Real innovation, some are saying, will not consist of new ways to perform the chores of 20th Century lawyering. Instead, real innovation will focus on new ways to solve people’s problems. Maybe not every legal problem requires a lawyer. Maybe not every question implicates the Magna Carta.

Outside the justice business, the great new companies of the 21st Century — Amazon, Apple, Uber — are chucking 20th Century models out the window. They are reinventing what they do and getting things done cheaper and faster than ever before.

For law, it’s different.

Society has gotten way more complex. Demands for law-based outcomes have exploded —especially in low-dollar personal contexts like healthcare, housing, domestic affairs, veterans rights, social security, disaster recovery, and consumer financial issues. But legal outcomes continue to be delivered for the most part in the same old ways.

All this weighs most heavily on people without a lot of money. They are the ones with all the domestic and housing and veterans issues. 80% of the people who need to use the justice system can’t afford it. They can’t afford the lawyers. And the ones who can afford lawyers aren’t happy about that. Too often, they get expensive, slow, lawyer-centered solutions. “There is far too much law for those who can afford it and far too little for those who cannot.

Innovations are coming, but before now they have focussed mostly on how lawyers work, and not so much on customer experiences.

In North Carolina though, some intimations of change are appearing. George Hausen says that Legal Aid of North Carolina (LANC) is North Carolina’s “laboratory of innovation” for the justice system and he claims some victories. He points to

  • LANC-fostered medical-legal partnerships,
  • LANC’s eviction diversion program,
  • LANC’S call center, self-help clinics, and videos,
  • LANC’S foreclosure prevention programs, and
  • partnerships between LANC and North Carolina’s members of Congress to ensure delivery of veterans benefits.

LANC catches problems aborning and finds solutions that bypass the legal system. They take lawyers out of the picture.

LANC receives high volumes of requests for services in low-dollar kerfuffles. It has developed expertise in subject matters that not many private lawyers can match such as personal housing issues, foreclosure prevention, consumer issues, veterans benefits, healthcare, domestic violence, natural disasters. LANC’s perspectives on the system (high-volume, low-dollar) are unique. Its solutions are innovative.

Government support and private philanthropy (institutional and personal) for LANC is a good investment in justice system innovation. LANC needs a lot more support than it gets.

Advertisement for myself: The Aging of Professionals and What Can Be Done to Stop It

Herewith is essentially a press release to account for where I am and what I am doing.

Ed Winslow to present at World Conference of Lawyers and Accountants in Vienna

Brooks Pierce partner Ed Winslow has been invited to speak at the 2017 World Conference of the Geneva Group International (GGI) taking place from Oct. 19-22 in Vienna, Austria. GGI is a worldwide alliance of independent law, audit, tax, accounting, and professional advisory firms, ranked among the largest such organizations in the world with 566 member firms in 123 countries.  Winslow’s topic is “The Aging of Lawyers and What Can Be Done to Stop It.”

Following his presentation, Winslow will lead a panel discussion of lawyers and accountants from France, Germany, Washington, DC and Wichita, Kansas in which the panelists will address progressive management practices of professional services firms responding to the retirement of the Baby Boom Generation, including succession planning, creative roles for senior professionals, and alternatives to complete retirement.

Winslow, former managing partner of Brooks Pierce, has practiced law for over 40 years, with a focus on litigation, corporate law, and banking and financial services. He is the current chair of the board of trustees for the North Carolina State Bar Plan for Interest on Lawyers’ Trust Accounts and was the first North Carolina attorney appointed to the American Bar Association’s Commission on the Interest on Lawyers’ Trust Accounts. He is also chair of the board of trustees for Guilford College and a past member of the board of governors of the North Carolina Bar Association. He served as general counsel for the North Carolina Bankers Association for several decades.

 

NC legal system — invest or divest?

In the past year the North Carolina legislature enacted cuts or reductions (or proposed to) in the following, which might be characterized as the infrastructure of North Carolina’s legal system.

The number of trial court judges (emergency judges)

               The number of appellate judges

The budget (therefore staff) of the Department of Justice

Funds (therefore staff) for Legal Aid of North Carolina (formerly taken from filing fees)

Funds for the UNC Law School

Dues (paid by lawyers) that fund the North Carolina State Bar.

In periods leading to this year, North Carolina’s population has grown and its economy has grown. Commerce has picked up and unemployment has dropped. The State has pursued a policy of promoting trade and business investment in North Carolina by companies outside the state and outside the United States.

Unless North Carolina’s legal system was overfunded in the past, the conclusion might be reached that more, not fewer, resources are needed to maintain what we’ve got.

The American justice system is credited as a core element of the economic and cultural success of the United States. Enforcement of obligations (commercial and other) —predictably, impartially, efficiently and effectively — is a big part of what made America great.

And, actually, we are at a time when improvements are needed.

Closing the loop on legal aid, not in a good way

The budget finally adopted by North Carolina’s General Assembly entirely eliminates funding for the State’s legal aid agencies ($1.7 million).

Until now, that amount had been generated by taking $1.50 from every court fee and distributing it to Legal Aid of North Carolina, Legal Services of Southern Piedmont and Pisgah Legal Services, which provide legal services to poor people in North Carolina.

The point has been made here that as many as a third of North Carolina citizens qualify for legal aid. Sixty percent of Legal Aid of North Carolina’s clients earn less than $15,000 a year.

Those people, like the rest of us, must have access to the legal system, even if they can’t afford it, where

  • They are victims of domestic violence
  • They don’t get child support
  • They need to create guardianships for their grandchildren
  • They get ripped off by scammers of the elderly
  • They get fouled up applying for legislated benefits, including veterans benefits

and in a great range of other cases.

This is not a partisan issue.

21st Century society is complex. It cannot move without legal process. Everyone must use the system. And everybody needs access to legal services when they do.

Legal aid helps people get a hearing. It does not engage in politics. It does not pursue social change. And it does not target interest groups.

We all need the legal system to work at a minimal level for everybody who’s involved with it. Otherwise, over time bigger problems will develop.

For the General Assembly to stop a small portion of court fees from going to fund legal aid is bad for everyone, not just poor people.

The legislature made a mistake.

 

A note of concern about pending proposals to cut funding for major NC legal institutions

MidLaw has learned with concern that the General Assembly is considering cutting the North Carolina State Bar’s revenues to a fraction of their current level and also reducing the appropriation for the UNC Law School dramatically.

MidLaw believes these proposals would be harmful, not only to two key legal institutions but, in the long run, also to the administration of justice in North Carolina and to our economy generally.

If North Carolina is to succeed in national and global economic competition – which is what we must do to create jobs here – then North Carolina’s businesses and its justice system must be served by well-prepared lawyers operating in an effective system. Commerce will not come right if our justice system is not up to par.

The legal profession and broader legal industry are currently undergoing dramatic changes. These include the rise of national and global law firms, competition from Internet and off-shore services providers, and disruptive new technologies. Potentially all of these may be good things, but North Carolina must keep up no matter how things go. We must provide a credible local justice system to support a growing economy. This requires well-trained lawyers, a highly functioning oversight agency, and well-resourced courts and processes.

Proposals to cut State Bar revenues and take funds away from the Law School risk long-term damage to our ability to compete and build North Carolina’s economy.