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Litigation News

Fall 2023, Vol. 49, No. 1

Humorous Reflections on a Life in the Law

Grant Hackley

Summary

  • Like life, practicing law has its ups and downs.
  • The value of this book lies in both the anecdotes recounted and the broader lessons learned.
  • The intended audience is younger attorneys, but each chapter focuses on a particular item of practical or professional advice that is germane to both novice practitioners and those on the more experienced end of the scale.
Humorous Reflections on a Life in the Law
Oliver Rossi

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Much like life, practicing law has its ups and downs. Janet S. Kole has seen her fair share. In Stranger Than Fiction: A Retired Lawyer’s Look at the Reality of Law Practice Today (ABA 2021), she recounts a few of the choicer cuts. Per the ABA’s summary, this is a “book of short, funny insightful essays of the experiences of a retired female attorney over the course of her career.” It delivers.

The book runs 73 pages in total, including a brief index, and is split into 16 pithy and easily digestible chapters that emphasize the author’s alacrity of verse. Importantly, it is easy to get through in a single sitting. The Introduction lends a nod to the pandemic, during which this book was published, and invites the reader to “sit back, relax, read these essays, laugh a little, and cry a little. Let me know what you think.” The result is a thoroughly enjoyable and quick read, leaving the reader wanting more at the end.

The value of this book lies in both the anecdotes recounted and the broader lessons learned. The intended audience is younger attorneys, but each chapter focuses on a particular item of practical or professional advice that is germane to both novice practitioners and those on the more experienced end of the scale. Each chapter provides real-life experiences from the author’s former practice and seeks to pass along gems of wisdom from what are sometimes humorous and sometimes harrowing situations.

This is not a book about how to write a brief or how to run a law firm. Topics covered tend to relate more to how to deal with the different personalities and professionals one interacts with as an attorney. It is a book about relationships and how to carry one’s imperfect, human self in a profession that often demands perfection. The text is not gossipy, though the author as much as admits that this book (and her other work, both fiction and nonfiction) may leave some former colleagues guessing as to whom she is referring. Nevertheless, fictitious names are used throughout to conceal—or protect—the identities of those described.

Chapters 1 through 3 focus directly on relationships. In particular, the relationships with administrative staff and with other attorneys within the firm, both more and less senior. These relationships can impose risk when they become overly friendly or unduly one-sided. Kole provides guidance on how to navigate the hazards, along with a well-timed reminder of the importance of boundaries.

Chapter 4 deals with setting expectations. Clients may expect attorneys to work miracles, and juries may expect a perfect case in which all of their questions are answered by the end of the episode. Kole explains in this chapter that this is not how the law works. Sometimes, a client’s strategies may not be the most effective way to win a case. A jury’s unanswered question may be irrelevant to a legal issue but may affect their deliberations. Accordingly, she sets out strategies for ensuring that reasonable expectations can be set with clients and juries alike.

Chapter 5 deals with the human aspects of law practice, such as how the unexpected death of a coworker can invoke crisis. Kole smartly encourages avoiding knee-jerk reactions when faced with uncertainty. Rather, she suggests that taking a more measured approach can allow those impacted to better cope with the personal and professional consequences. “[T]he best thing you can do is stop and think before you act,” she recommends.

Chapters 6, 9, 10, and 12 deal with practicing law in potentially sticky situations, such as when dealing with difficult or dishonest clients (Chapter 6), emotionally invested clients (Chapter 9), giving clients bad news (Chapter 10), and legal conflicts between clients (Chapter 12). Common across these situations is the client relationship, which can be fraught. Kole preaches honesty, integrity, and—with a wry bit of humor—ensuring that attorneys “confirm your authority” in writing.

The remaining chapters bear titles such as “From the Ridiculous to the Sublime” (Chapter 8) and “Lawyers Behaving Badly” (Chapter 15). Some of these titles provide more insight to the included text than others. Nevertheless, each includes Kole’s personal stories from her days of practicing law that sometimes truly do seem stranger than fiction. These include judicial commentary at the bench on her hairstyle and opposing counsel’s attempt to seat himself at the wrong table at the start of a federal civil jury trial.

Stranger Than Fiction is an enjoyable read. It recognizes that lawyers, too, are fallible human beings, and it encourages us to embrace that status and try to have fun. Seemingly with that in mind, the author has kept the book both brief and engaging, writing with a style that is fluid and unencumbered with extra verbiage. It may leave you hoping for a second volume.

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