How to Succeed as a Lawyer

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21 StepsHow to Succeed as a Lawyer

By ROLAND BOYD of McKinney

Dear Son:You are now in your senior year in lawschool. Maybe a few things I have learnedin thirty years in the law practice will behelpful. Law school is teaching you thingswhich will be good for your clients; thefollowing will be good for you. You cannothave professional happiness unless you arefinancially successful.One of the greatest pleasures in life isachievement. In my judgment, if you willremember the following 21 things, you willhave a long, happy, and successful career.1. Remember, the rule of nine:It works this way-nine people out often are good, honest, intelligent, decent,and fair-minded people. Therefore, if youwant to have the odds, nine to one, in yourfavor, get on the right side of the issue.In the legal profession the right side of

the issue is the side that helps society. Inother words, don't injure your fellow man.In the courtroom the rule of nine worksthe same way. Nine times out of ten theright side wins at the courthouse. Bub, Ibelieve that the lawyers in the smallercounty seat cities engaging in the generalpractice of civil law are more convincedthat the rule of nine really works, thanthe average city lawyers.

2. Remember, a lawyer's integrity is ofvital concern to the community.

If the butcher, the baker and the can-dlestick maker are not honest, this is nota major catastrophe, but on the otherhand the lawyer plays such a vital role inthe lives of his fellow men that if he isnot honest, it is a major catastrophe. Letme give you some examples of vital rolesa lawyer is called on to play:

(a) A few years ago, shortly after noonin July the door to my private officeopened; there stood a man, a little past

WHEN HE WROTE his son, Roland Boyd ha d noidea his letter would be published. Fellow law-yers convinced him other students should havethe privilege of reading it, too.

middle age. I had represented him formany years; he was a successful farmer;he was very pale, was trembling all overas he said, "I have just made the worstmistake a man can possibly make, I havekilled a man, I knew a second after it wasdone how terrible it was. For God's sakehelp me."

(b) About ten years ago three membersof a family, two others of which had justhad visited upon them one of the most hor-rible crimes that had ever occurred inTexas, came to my office. This family wasface to face with stark unnatural tragedy.The spokesman said, "At a family meetingthis morning we all agreed that we wantedyou as special prosecutor, to help us seeNOVEMBER 1962


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ROLAND BOYD

Mr. Boyd, a 1933 graduate of Southern Meth-odist University Law School, is a member of theMcKinney law firm of Boyd, Veigel & Gay.He is a former county attorney of Collin Coun-ty and is currently serving as a member of theAmerican Bar Association's Condemnation Com-mittee.

that justice is done."(c) A few weeks ago an elderly retiredfarmer, a good, sound citizen, came to theoffice bringing with him a smartly and at-tractively dressed daughter, apparentlyabout 35 years old. He told me a story ofthe daughter's marriage to an energetic,handsome, well-educated, dynamic youngman, how well he was doing in business,how the family began growing, then em-bezzlement, then divorce, then a new life,then remarriage, then robbery with fire-arms and murder, now a death penalty injust a day or so. "We need your help."(d) Several months ago, on Saturdayafternoon, while I was in the office withthe outside doors locked, a telephone callfrom a middle-aged man I had representedfor years, as well as his father before him,in a distressed voice, said, "I am down-stairs, your door was locked, I was justpraying that you were in. I must talk toyou." When he arrived, he showed me sev-eral daily newspapers that he had just got-ten out of the Post Office from a distant

city. The headlines and front-page articlestold a story of a liquor store stickup withthe owner being murdered when he triedto reach for a gun, the capture by policeblockade, the laboratory reports provingconclusively who had fired the shot thatkilled the owner. His son. Crying like ababy, the man said: "Help me. What canI do?"

(e) You might be employed by the StateBar of Texas to investigate, brief, file andtry a fellow lawyer in a disbarment pro-ceeding. This assignment cannot be tak-en lightly.

(f) In 30 years of practicing law I havefelt that my professional duty requiredme to ask a jury to take a man's life onthree different occasions. In two cases thejury complied with my request; in thethird the defendant took his own life theday he was sentenced for life. Under theseconditions the only reward life provides isa clear conscience. No profession can bemore vital than one which makes such re-

quirements on its members. Therefore, theintegrity of its members is certainly ofmajor concern to society.3. Remember, always be nice to peopleregardless of their social status, education-al level, or financial rating, because:(a) That boy who is now "jerking soda"at the drug store, 25 years from nowmight be president of the InvestmentBankers Association of America and becalling you about an important matter inNew York.(b) That boy who is now picking upscrap metal in the alleys and selling it toget spending money, 20 years hence mightbe employing you to examine titles toranch lands he is buying in other states.(c) That boy, who, on graduation fromhigh school, said, "I am not going to col-lege because I already have all the educa-tion I need," might many years hence, bybeing elected chairman of the board of di-rectors of a major manufacturing concern,prove the truth of his statement.(d) Some successful people in businesscan neither read nor write.4. Remember, in the practice of law un-der a democratic form of governmentthere are no secrets.Therefore, don't ever be a party to any-thing, don't put anything in a letter, don'tsay anything in conference or on the tele-

phone that you would mind (except foryour client's interest) seeing on the frontpage of a newspaper, on TV, or hearingfrom the witness stand, or on the radio.5. Remember, the best way to disarmyour enemies is to do what is just underthe circumstances.It absolutely drives them crazy. Often itwill throw them into such confusion thatthey become helpless. Ordinarily their"double dealing" will "backfire" if youdon't resort to the same tactics.6. Remember, no people have ever de-veloped a better method for settling dis-putes among men, than our judicialsystem.It was developed by the legal profession,

it has been through fire, millions of times;although not perfect, it is still the "best"there is. The "jury" is the heart of thesystem. Always defend the system. When(Continued on page 990)TEXAS BAR JOURNAL


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sponsibilities to work under a system oflaw and to support the rule of law.This leads to particular stress upon oneaspect of the support for the rule of lawwhich we lawyers must give. This is in thearea just mentioned-the preservation ofliberty. Justice Brandeis said: "The great-est dangers to liberty lurk in insidiousencroachment by mean of zeal, well-mean-ing but without understanding."' It is theresponsibility of lawyers to convey thisunderstanding. As we defend the rule oflaw we defend liberty. This is that curiousparadox of which Cardozo, and so manyothers have spoken. Control by law freesus, gives us our liberty.Here again, especially, is the work ofthe lawyer not yet done. We as lawyersmust have the strength and courage to sella concerned and sometimes frightenedpeople on our system of freedom for the

highest and lowest among us, for the con-ventional and the unorthodox, for allraces, religions, and shades of opinion.And even in the definition of libertythere is no final analysis. Liberty, as ap-plied to specific problems, and in its par-ticular mainfestations, is not somethingthat is set once and needs no further evalu-ation. The attacks upon liberty come inuniquely new situations and uniquely dis-guised. They have in every generation,and they will continue to do so. JusticeJackson stated the nature of the demandsof liberty in most effective fashion whenhe said:"There is no such thing as an achieved lib-erty; like electricity, there can be no substan-tial storage, and it must be generated as it isenjoyed, or the lights go out." '

There is no final analysis. Your pro-fession lays a great and continuing claimupon you, the law graduates-a call toundergird and preserve the vitality of ourliberties and the rule of Law. The lawschool faculties and the entire professioneagerly convey their most sincere wishesfor your success, well-being, and prosperi-ty as yo u enter upon this task.

1. Coleridge, Table Talks: Duties and Needsof an Advocate, in Ashe (ed.), The Table Talkand Ominia of Samuel Taylor Coleridge 141(George Bell & Sons, 1884).2. Barwell v. Brooks, 7 Doug. 371, 373, 99 Eng.Rep. 702, 703 (K . B., 1784).3. McCulloch v. Maryland, 4 Wheat. 316, 415(1819).4. Home Bldg. & Loan Ass'n. v. Blaisdell, 290

U.S. 398, 442 (1934).5. Olmstead v. U.S., 277 U.S. 438, 479 (1928)(dissenting opinion).6. Cardozo, The Paradoxes of Legal Science94 (1928).7. Jackson, The Task of Maintaining Our Lib-erties: The Role of the Judiciary, 39 A.B.A.J.961, 962 (1953).

How to Succeed(Continued from page 942)

you lose a lawsuit, don't try to tear thecourthouse down.7. Remember, the important thing, sofar as getting legal business is concernedis what your homefolks think about you.Everything on earth connects on to your

town and then your block. As to how highyou go in your profession depends on whoemploys you. The important employment Ihave had in many different matters whichhas necessitated my being out of the statemuch of my time can be traced back tosomeone very close to home. So it is whatyour neighbors say about you that counts.

8. Remember, no profession makes itpossible for its members to enjoy a long-er professional life than law.

So long as a lawyer lives he can prac-tice law. So long as he keeps his healthand mind he can do it successfully. Ourneighbor, the late Senator, demonstratedthis fact; he practiced law for 70 years.

9. Remember, there is no ceiling on suc-cess in the legal profession.The only limit on the amount of success

you can achieve is your time and energy.And the thought that will give strengthto finish when the hour gets late and go-ing gets rough, is that irrespective of howit might look to others, you know you arefighting according to the accepted rules ofthe game.

10 . Remember, the end does not justifythe means.Two wrongs do not make a right. It isbetter to lose than not to fight accordingto the rules. It is extremely easy for ayoung lawyer to violate these rules. If youhave a growing family to support on ameager income, there is a strong tempta-tion to become lax on your professional

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morals. Many times it might appear neces-sary to "fudge" a little. You will profitfinancially if you don't do it. The magni-tude of responsibility entrusted to you isin direct proportion to the confidence peo-ple have in you. No one can destroy theconfidence of other people in you, exceptyou. Integrity is to the lawyer what virtueis to the woman; therefore, you must notonly be honest, but also you must maintainthe appearance of honesty.

11. Remember, to be a good lawyer youmust first be a good man.Your sole ambition should be to be a

good husband, a good father, a good neigh-bor, a good citizen, and a good lawyer. Ifyou achieve this, you will have achievedall the success there is. The pressure oflife in the space age is such that it is veryeasy for a young man to get the idea thathe must be a dynamic individual, he mustbreak all records, he must set the world onfire. If he gets this idea, he starts lifewith a handicap. The papers are full ofsuch cases at this time.

12. Remember, don't ever put your in-terest in the fee ahead of your interest inthe case.Your future depends more on the man-ner in which you handle the case than onthe amount of the fee you collect.13. Remember, the primary purpose of

the legal profession is to find, recognize,interpret, and preserve the truth.The quicker you can learn the truthabout any situation, the better off you willbe. After you learn it, don't join issueagainst it.14 . Remember, your clients subcon-sciously make you the guardian of theirmorals.As inconspicuously as possible youshould assume this responsibility. If youdo, and discharge it properly, it will help

you build a good law practice:(a) Many years ago a client who livedin a nearby city came to the office and said,"That case you are representing me in, Igot to thinking, that property represents90% of my life's work. If you lose thatcase, I am ruined. A man told me if Iwould go to so and so and pay him $10,000,then my property would be re-appraisedat a high figure and I could settle without

a trial. I have about decided to do it thatway. What do you think?" I told him inmy opinion he would be making the great-est mistake he had ever made; that he hadalways been honest and I couldn't see anyreason for him to change this late in life.He reluctantly agreed. A few months laterhe was well pleased with the outcome ofhis case, and told me many times, that Ikept him from ruining a happy and suc-cessful life, and he consulted me on everyimportant matter for the balance of hislife.(b) A few years ago about mid-morning,I got a call from a local citizen who wasthen in a distant city. He made an appoint-ment as soon as he could drive. That after-noon when he arrived, he explained that hehad been low bidder on a big constructioncontract, that the second bidder had ap-proached him on the proposition that ifhe did not qualify, the second bidder wouldbe awarded the contract, then he would lethim do the work and they would split thedifference in the two bids. He wanted meto write a contract that would bind bothparties. After explaining why no lawyercould write that contract without commit-ting a felony, he decided to qualify andperform, which he did. He and his entirefamily have been my clients since then.15 . Remember, the courtroom is wherethe showdown comes.This is where the lawyer must "put upor shut up." This is the arena in whichyou must meet your adversary. There is alarge segment of the profession who avoidthe courtroom in every possible manner.This is a mistake. Of course, the court-room is strictly the last resort, but I neverhad any luck in handling matters in ne-gotiation until I got the situation in goodshape for the courtroom. If you have agood case and are well prepared, ninetimes out of ten you don't have to try it.If you are not well prepared, you willeither lose the case or coerce your clientinto an unfair settlement. Trial work isessential for the general practitioner; un-til you have a fair estimate of what youcan or can't do at the courthouse, you haveno true standard by which to measure yourcase. The trial lawyer is to the legal pro-fession what the surgeon is to the medicalprofession. An office lawyer who nevergoes into the courtroom never knowswhether he is rendering the right kind of

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service to his clients. To be a good "triallawyer" you must know why, where, when,and how, people "tick." The highest com-pliment that can be paid a lawyer is to say"He is a good trial lawyer."

16 . Remember, there is no sure way tobind men together and keep them boundby any written instrument.

The only thing that binds men togetheris the fact that under all circumstancesmost men, without knowing what the oth-er will do, will reach for the golden ropeof justice, truth, decency, and fairness andthereby bind themselves to every otherperson who grasps the same rope. This isthe only combine that will endure.

17 . Remember, to live for your fiftiethbirthday.Soon after I graduated and opened myoffice, one of the service clubs had as guestspeaker an evangelist who was holding arevival in a big tent on the trade lot. Inhis talk he said: "I don't care what yourlife's work is; if you are a young man just

beginning, I am going to tell you what toexpect from life. If from now until yourfiftieth birthday you will make every de-cision in your business or profession insuch a way as you think helps society,from your fiftieth birthday on, for thebalance of your life, the pleasure you getfrom your life's work will double everytwelve months. On the other hand, if yourdecisions are against society, your disap-pointments and your miseries will doubleevery twelve months." I am now threeyears past my fiftieth birthday. I believethe man was right.

18. Remember, money loses most of itsimportance when you get sufficient food,clothing, and shelter for you and yourfamily.

And at this point with most people thepleasure diminishes as the amount in-creases. People who have nothing butmoney have very little.

19. Remember, that the happiest manon earth is the man who has to work for aliving.20. Remember, that many of yourthrills, excitement, unusual experiences,

etc., will come in peculiar fashion and atunexpected times:

(a) A call from an undertaker sayingthe funeral has started, that he is callingfor one of the mourners who asked thatyou not accept employment from anyoneelse until he could get to your office afterthe funeral.

(b) While walking to the office just atsun-up during the middle of a long, vicioustrial, on coming to an intersection, seeinga man standing in the middle of the walk,with no other human being in sight, whothree days before said he was going towhip you, on account of your role in thetrial.

(c) The woman who drove 20 miles,rushed into your office and said, "I justheard you died of a heart attack. ThankGod it wasn't true."

(d) On driving up to a filling station,the owner whom you don't remember everhaving seen before, saying to a child:"Honey, go get your mother; this mantalked us out of getting a divorce manyyears ago. We both want to thank him."

(e) Clients who send more than theirfee, and say you didn't charge themenough (this doesn't happen often, but it

EDITORS-IF YOU

-are a lawyer or law school grad-uate-enjoy research-can write clearly-want economic security

WHY NOT-consider a law writing career in

San FranciscoOFFERING

-top salaries-pleasant working conditions-opportunities for advancement

Matthew Bender & CompanyWestern Division

160 So. Van Ness Ave.San Francisco 3, Calif.

NOVEMBER 1962


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gives you a thrill when it does).(f) Thank you letters from distantheirs that you have never met.(g) People coming to your office as new

clients, whom you have previously sued.21 . Remember, that the people who stay

hitched the longest usually fare the best.I believe you have the ability to suc-

ceed in medicine, engineering, business, oralmost anything you might want to under-take, but you don't have the time. To be-come thoroughly qualified, to establishyourself and to succeed in any line re-quires an entire lifetime. So the peoplewho chart a course early in life and staywith it are usually the ones who enjoy thegreatest success. In the legal professionthis same principle applies to location.Many times each month people come tomy office as a result of some associationwith them or other members of the familyseveral years ago. If you don't stay put inone spot, you lose this advantage.

I believe that after you have practicedlaw for thirty years, you too, will knowthat law is the greatest profession thereis.

Sincerely,Your Father

Hickman Memorial(Continued from page 943)

"I would say that his outstanding char-acteristic was his integrity," Morrow said."He was warm, kind, sympathetic, but al-ways held high the true concept of hisduty under the law."District Judge Herman Jones of Aus-tin spoke of Judge Hickman as a church-man. "This man learned early in life whatmany of us never learn; he learned Whowas Creator and who was creature . . .The life of Judge Hickman denied thatsome tasks are sacred, others secular, ifthey served God and man."His death, said Judge Jones, markedthe passing of an era in Texas Methodism."He was unwilling to divide his life intothe time he spent at work and the time hespent in serving God. Rather, he servedGod in his work."Associate Justice Joe Greenhill, whocame to know the judge while serving as

a law clerk to the court over which JudgeHickman was to preside, characterizedhim as a judge "uncommonly blessed withcommon sense, which he combined with aprofound knowledge of the law." He hadthe ability to "cut deep into the heart ofthe controversy to write only on the con-trolling issues," Judge Greenhill said.Austin attorney Ireland Graves, in hissummation remarks, said the rarest ofJudge Hickman's qualities was "the in-tangible one known as judicial tempera-ment.""There are lawyers who have attainedhigh excellence who do not possess thisquality," he continued, "but it is the sine

qua non to an able judge, and his owningit gave Judge Hickman, beyond question,the confidence of the lawyer who practicedin his Court."Judge Hickman began his career as anappellate judge on the Eastland Court ofCivil Appeals in 1927 after practicing law15 years. He was appointed to the Su-preme Court commission of appeals in1935 and became an associate justicewhen the court's membership was in-creased to nine in 1945. He presided aschief justice from 1948 until his retire-ment.

Judicial Conference(Continued from page 946)

the Peace Corps volunteers throughout theworld means that democracy is on the of-fensive, using peaceful and decent meansto demonstrate the basic values of oursociety ... this is a fact the communistscan never refute."Judge James R. Norvell of the SupremeCourt presided over the memorial service,which was dedicated to the 12 memberswho died during the past 12 months.New members were introduced by JudgeHomer Stephenson of Beaumont. MeadeF. Griffin, associate justice of the SupremeCourt, recognized those judges who havehad 20 years or more service on the bench.Named to the seven-man executive com-mittee were Judges Phil Peden, Houston;Harold Craik, Fort Worth; Victor Lind-sey, Lubbock; Herman Jones, Austin; Fi-dencia Guerra, McAllen; Clyde E. Smith,Austin; and Frank M. Wilson, Waco.Brownsville was chosen as the 1963conference city.

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