Free Speech, Due Process and Trial by Jury
My Dad never pushed me to become a lawyer. In fact, he might tell you that he even dissuaded me. When I told him I was interested in law school, he was quick to hand me a copy of One L by Scott Turow, the well-known story of a first year’s struggles and hardships at Harvard, to give me that “wake up call” and make sure I knew what I was getting myself into.
I started at the firm as a summer clerk after interviewing with the then-managing shareholder. I worked with several partners for two summers, though never working under my father. While I was not being directly influenced by my father by working with him, the indirect influence was still very much there.
I started at the firm as a summer clerk after interviewing with the then-managing shareholder. I worked with several partners for two summers, though never working under my father. While I was not being directly influenced by my father by working with him, the indirect influence was still very much there.
What I didn’t know when I started is that lawyers are storytellers. I should have known this, of course. That’s what my dad does so well. But the story – the detail, the arc, and the substance—are what we spend our days crafting. Of course we read the cases and statutes, and we master causes of action and rules of evidence. But our jobs are to tell people’s stories–and to tell them in a way that makes sense in this framework. It is history. It is public policy. And it is about the people. It is what my dad told me.
When Dad was dying, hundreds of people came to see him. They filled the kitchen and den, stood in the halls, even out on the lawn. They were looking for one more piece of advice, a word of encouragement. He turned no one away and visited with each one of them. Sometimes several people arrived at the same time, but they each wanted to see him alone.
Mom often remarked that we should file briefs before dinner. Those evenings together form some of my fondest memories and engendered a love of public policy and debate. Through those family gatherings, I learned how to think rigorously and how to recognize the holes and blind spots in my arguments.
Despite warnings that doing so would undermine the responsibilities of corporate directors, the Texas Supreme Court Friday threw out a $95.5 million judgment against two Longview Energy Co. directors. The court said the evidence was insufficient to justify a jury judgment that the two conspired to deprive Longview of an opportunity to invest in the Eagle Ford. The Texas Lawbook has the details.
The new firm, led by named partners Kenneth Johnston and David Pratt, includes five partners, one counsel and three associates.
Young is a former clerk for the late U.S. Supreme Court Justice Antonin Scalia and counsel to the U.S. Attorney General.
Proper preparation of a log is key to litigating about privilege. The U.S. Court of Appeals for the Fifth Circuit recently rejected the sufficiency of the defendant’s log in an employment case. The opinion provides four practical tips for attorneys involved in privilege disputes.
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