Futurelawyer

#WhyIAmASolo - No One Can Tell Me What Clients To Represent.

Big Law Censorship Problem. Does your law firm control whom you represent? Are you prevented, or discouraged, from representing politically sensitive clients or causes? Whether left or right, being a lawyer should be a neutral, advocacy centered, occupation,  and lawyers should be able to represent whomever they want to. The freedom to do that is being denied to some really competent lawyers in some really big law firms. Whatever happened to the concept that every citizen deserves a competent lawyer? This article discusses the resignation from Kirkland & Ellis of two prominent Supreme Court litigators, Paul Clement and Erin Murphy. They were told they had to leave the firm because they had represented the New York State Rifle & Pistol Association in its challenge of New York gun regulations. While such high profile litigation clients would never hire a solo, no one can tell me whom I can represent. A free, and independent, lawyer class, is all that stands between us and chaos.

Why Free Speech Is About All Of Us.

The recent Twitter frenzy about mobs ganging up on persons with whom they disagree, and the many instances of lives and jobs being taken away by prissy, offended minorities who want to regulate speech they disagree with, has caused me to join the chorus of voices calling attention to the hypocrisy of the so called thought police. You are not the sole repository of wisdom, you smug, self entitled speech terrorists. Your triggered intransigence is counter to everything our forefathers fought for, and I will fight you with all that I am and have. You remind me of a famous Martin Niemoller quote. He was the German theologian who summed up the Nazi conquest of Germany, in these words:\

"First they came for the socialists, and I did not speak out—because I was not a socialist.

Then they came for the trade unionists, and I did not speak out— because I was not a trade unionist.

Then they came for the Jews, and I did not speak out—because I was not a Jew.

Then they came for me—and there was no one left to speak for me."

If you don't speak up because the speech police haven't yet come for you, you will most certainly find yourself in their sights, sooner or later.

#SundaySermon. Do I Offend You? Get Over It.

I am a Caucasian, Male, Heterosexual, lawyer, poet, Centrist, human being. If I have offended you by who and what I am, too bad. I like calling the Redskins the Redskins; but, I am offended by their new name. I enjoy humor, even when it is offensive, and even when it makes fun of me. Told a lawyer joke lately? To all offended persons, I say get over it. Until we start to tolerate the offensive, we will never be able to live in peace. I am offended that you get offended over so called "micro-aggressions". I am offended that anyone is judged by the color of their skin. I am offended by violence, war, and evil. But, I live every day the best I can. If you want to waste your life being offended by everything, so be it. I wish you well. Truly. But, please know that there is a better, easier, and more enjoyable way to spend the hours and days you get to live and breathe.

 

When The Fourth Amendment Died.

Sometime in the late 20th Century, and early 21st Century, the Fourth Amendment to the U.S. Constitution, which had, for centuries, protected American citizens from unreasonable searches and seizures, succumbed to a disease known as digital technology, complicated by powerful governmental interests that conspired to weaken the definition of "unreasonable searches and seizures". May it rest in peace. In addition, however, evil men with bad intentions also had a hand in using technology to hide incursions into the homes of citizens, and, in a cruel twist of fate, the citizens were lured into the trap by failing to protect themselves. Freedom only happens after struggle and pain, and, when achieved, can only be kept by constant vigilance and resolute will. 

The Thought Police.

The Thought Police. I challenge my readers to read this paragraph outlining the beginnings of the Soviet Union in Russia, without making comparisons to the current U.S.A. Anyone who espouses political views that are not shared by one group of citizens are cancelled, ostracized, criticized, lambasted in social media, and generally removed from public discourse. You say it can't happen in these United States, the bastion of freedom in the world? Watch and learn:

Absurdly claiming to rule with a special mandate from the working class, the totalitarian state prescribed a comprehensive set of obligatory views in virtually all spheres of thought, political and non-political. It demanded the citizens' total allegiance, compelling affirmations and postures of assent by an elaborate system of rewards, and by penalties ranging from intensive exhortation to summary execution. In the privacy of their hearts few individuals can have wholeheartedly assented - especially in recent years - to the officially sanctified dogma. But public respect for its doxology and catchwords remained indispensable for those seeking to pursue most Soviet careers. Within Soviet historiology the policy of thought control was applied with particular severity. It was especially stringent in its impact on the history of Russia, as opposed to other lands, much Russia history being treated as a state secret.

• From Russia: A Concise History by Ronald Hingley    

When Technology Use Becomes Mandatory.

When all dissent has been silenced, and all citizens have safe spaces to go to in order to be protected from dissident ideas and language, when all statues of past historical figures have been destroyed, when there is only one political party, when profit has been outlawed, when comedians have all been put into prison, and all other forms of human conduct has become tightly regulated by the government, we will still be able to use our computing devices; except that such use will be mandatory. I look forward to being long dead when our future is realized.

Living The Dream...Even If It Is A Nightmare.

In a world in which you can be hated, cancelled, and otherwise shunned for saying something that "offends" someone, it occurs to me that retiring to bed, pulling up the covers, and going to sleep might be a prescription for escape. But, no. It appears that, until cooler heads prevail, we are all living a nightmare. 

Blogging Is The New Open Letter.

Rat is not impressed with people who write open letters. The Internet has exponentially increased the ability of the commentariat to publish their views on any topic. The irony of being a blogger like the FutureLawyer and this post is not lost on me. The beauty of following the Stoic principle of not giving a Rat's A** about what other people think is that you can pontificate in a blog all you want. Of course, no one cares what those who share their opinions think. The problem arises when we try to silence those who share opinions we don't agree with. Speech should be free for all. Like toxic people you remove from your life, if you don't like a particular brand of speech, don't read or listen to it. Problem solved. The recent Twitter and Facebook censoring flap reminds me of the kid at the playground when I was growing up, who owned the only baseballs in the neighborhood. If he got angry with you, he took his baseballs and went home. Rat has the right idea. If you get angry with other people's opinions, insult them, don't cancel them.

What If Someone Published The News Every Day Without Spin?

1440 Newsletter. I don't know about you; but, I really hate the anger, hatred, spin and general unhappiness that marks the so called "news" these days. Since the invention of the printing press in 1440, the ability to publish our thoughts and ideas has grown exponentially over the centuries, until now, in the digital age, we are swamped with millions of bits of information, all tainted with someone's political spin. I hate that. I don't want to convert anyone. I don't want to argue with anyone. I just want to know what the hell is happening, and I can make my own judgments without having to get the rest of the world to agree with me. This free newsletter promises to do just that. I don't know if it can survive by being factual and non judgmental; but, I am willing to give it a shot. Sounds like a great idea to me.

Houston, We Have A Problem.

The flap over Elon Musk acquiring Twitter is highlighting the problem with social media. When does a social media company get so pervasive that it needs to be treated like newspapers? Free speech principles should apply to social media. Otherwise, the single biggest bedrock principle of democracy is in danger.