Culver Smith Law

01/26/2022

In my many decades of practicing law, no one ever has said to me, “You don’t look like a lawyer.” I can’t be sure, but I have a suspicion that it’s because I am white, male, older, nicely groomed, usually well-attired, dignified, stately—OK, I'm getting a little carried away. Stay with white, male, and maybe older. (I still cling to the well-attired bit.) Chances are that but for the first two, I would have experienced the “don’t look like” comment somewhere along the line. Of course, from my generationally-handicapped vantage point, many lawyers these days don’t look like lawyers, partly because of the real pandemic in this country: the compulsion to look as carelessly casual as possible, supposedly the mark of . . . cool. (Long, long ago but in my lifetime, “cool” was so exquisite a word that it required no elaboration.)

Another reason that many lawyers don’t look like lawyers to me is that most of them are younger than my children. Heck, about half the judges are younger than my children—but they do seem really smart. But I digress from the real “You don’t look like a lawyer” story, that of our colleagues who are not white or not male. I recently ran across this delightful article—perhaps you did as well—titled, “You Don’t Look Like a Lawyer.” (Link below.) It not only provides good advice about responding to such a comment but also, perhaps incidentally, great advice on navigating life. It is full of nuggets, like “take up space,” remaining calm, not taking such comments personally, and saying “this is what a lawyer looks like.” As for living a life with serenity: “I can’t control the actions of others, but I can control my reaction.” The author, Ms. Hardrick, has nailed it. I would retain her any time.

Recently, I watched the very popular Netflix movie Red Notice, starring Dwayne “The Rock” Johnson. If you’re unfamiliar with The Rock, his name is well-earned. He is a former professional wrestler, and he has huge muscles to show for it. In the movie, he plays an FBI profiler who specializes i...

12/23/2021

I wish you all the joy this season can bring, and may it follow you throughout the coming New Year!

10/24/2021

I just experienced my first hybrid conference: a national law-related organization’s “roundtable” discussion among dozens of lawyers who practice the same specialties as I. This group meets twice annually. In ancient times (i.e., before COVID), the meetings were entirely in person. This meeting was a hybrid of in-person and remote attendees, several of each. I was one of the Zoomsters. I didn’t like it.

Here is a link to an article from the ABA Journal that speaks to potential culture killers with hybrid work. I experienced some of what it mentions. Although I knew everyone involved and participated in the discussion, and although everyone present could see remote speakers on a screen in the meeting room, I felt almost like a rude intruder, someone who was being politely tolerated. I was reluctant to participate as much as I might have if in person. I could not see the reactions of those who were there in person, nor could I easily see their nonverbal expressions when they were speaking, thus was limited in my ability to judge their passion or seriousness. Yes, these feelings were all self-generated—no one said or did anything to make me feel that way. But that’s the point: the remoteness from those there in person tends to create a feeling of separation—a loss of personal connection and interrelationships with the others—that leads to a reluctance to fully participate or, worse, a diminished interest in the organization itself. Hence, the threat of hybrid meetings and work to an organization’s culture and ultimately its effectiveness.

Barring another lockdown, most law firms will begin allowing attorneys and staff to return to their offices starting next month.

09/11/2021

An Illinois lawyer is in trouble with the Illinois Bar for calling his opposing counsel a “lowlife bottom-feeder” and the judge a “clown.” This might fly on Boston Legal but not so much in real time. His defense is that the statements were true. This evokes in one’s imagination all kinds of wonderfully entertaining fact-finding scenarios—alas, none of which will occur. For the sake of public confidence in the judicial system, we lawyers ethically are obligated to keep such thoughts to ourselves. The lawyer’s outbursts were made in his own divorce case. They were his second mistake. His first? He is representing himself. By the way, he should be censored for poor grammar: “lowlife” and “bottom-feeder” are redundant. I guess he needed the emphasis.

Updated: A suburban Chicago lawyer has admitted that he called a judge a clown and an opposing lawyer a “lowlife bottom-feeder,” but he said his comments were truthful or constitutionally protected speech.

08/31/2021

Actually, there are two additional advantages to a virtual meeting: If the group is sufficiently large, one can more easily doze off without being noticed. Or simply exit the meeting altogether.

https://www.linkedin.com/pulse/pining-in-person-meetings-culver-skip-smith

08/05/2021

We all know good service when we receive it—regardless of the industry.

When I was young and important, reaching me by telephone was a challenge. (This predates e-mail and texting.

07/23/2021

Here is a link to an article about another lawyer getting in ethics hot water by saying too much when responding to a former client’s negative online review. The Florida Bar’s Professional Ethics Committee issue an advisory opinion on this topic in October of last year. It can be found at www.floridabar.org/etopinions/opinion-20-1/. Lawyers do not have the same freedom of response that restaurants, hotels, and others enjoy. In essence, restraint of pen and tongue is called for.

https://www.abajournal.com/news/article/lawyer-gets-reprimand-for-responding-to-negative-online-review-with-embarrassing-client-information

A lawyer who revealed a client’s criminal record and name when countering a negative online review violated an ethics rule that bans revelation of information relating to a representation, the Oregon Supreme Court has ruled.

07/08/2021

The attached article is on the money. Now if only law-firm leadership everywhere would embrace it.

https://news.bloomberglaw.com/class-action/law-firms-should-assess-adjust-and-overcome-for-return-to-work?fbclid=IwAR15mhXOXFm04zEQ_3e8ZnGJGIDyogP077vB0IwLsEtU_glBIzHoD39cMzI

The Covid-19 pandemic has adversely affected the mental health of lawyers and staff, says RumbergerKirk’s Paul Lipton, director of professionalism, career and skill development. He argues that firms must change and adapt, and offers five choices firm leaders should consider when making the transit...

06/24/2021

The attached link is to an article that discusses what we all know to be true—the practice of law can be stressful and lead to substance abuse. To rephrase a comment usually irreverently reserved for the Irish (no offense intended), “You don’t have to be a lawyer to be an alcoholic, but it helps.” After years of working in this profession—and as someone with a heart history—I can attest to stress. I have learned, however, that stress is manageable and is nothing more than a state of mind. I am reminded of two pertinent observations, one from Thoedore Isaac Rubin and the other from Mark Twain. Rubin: “The problem is not that there are problems. The problem is expecting otherwise and thinking that having problems is a problem.” Twain: “I have known a great many troubles, but most of them never happened.” The point is that it is a matter of perspective. So-called problems most often are more like challenges that provide opportunity for personal growth. Without personal growth, what’s the point of living? And, as Twain suggests, many troubles are merely the product of fear and never materialize. I simply refuse to give in to stress. You can, too.

Experts say lawyers are more anxious, stressed, depressed and burned out than ever, which was already a lot. The pandemic, however, may have lessened the stigma around attorneys seeking mental health services.

06/21/2021

A study released in 2016 as a joint project of the ABA and the Hazelden Betty Ford Foundation, based on surveys completed by 12,825 licensed, employed American lawyers, showed that 20.6% screened positive for hazardous, harmful, and potentially alcohol-dependent drinking. This is twice what is believed to be the prevalence among American adults.

04/09/2021

What are your thoughts on this new advisory ethics opinion regarding remote work in the legal field?

Culver 'Skip' Smith
Office in West Palm Beach

https://www.linkedin.com/pulse/practicing-law-remotely-culver-skip-smith/?published=t

03/12/2021

No one remembers our biggest cases—heck, I hardly remember my own—but people do remember positive impacts that we have on the profession, in the community, and on their personal and professional lives.

Culver 'Skip' Smith
Office in West Palm Beach

This may surprise some and astonish others, but there is more to practicing law than earning a fee. (I like to say that I never expected to get rich practicing law and that I have succeeded in that philosophy beyond my wildest dreams.