Tuesday, May 11, 2010

Practice Court: The Legend Continues

Attend me closely, and I will tell you now of a kung fu that is stronger than any other in the ways of law. I have wandered the Halls of Darkness lo these many weeks, and I have climbed to the summit of the Celestial Courtroom. I have descended to the depths of the Five Hour Mini-Trial, and narrowly escaped the voracious jaw of the ancient beast--he who is called Memo. I have trod the Six-Fold Path to a Winning Argument, and beheld the anguish of a Adverse Evidence Ruling. How has a mere student such as myself survived these arduous tasks? I have learned from worthy masters.

In many ways, kung fu is the perfect metaphor for the practice of law (especially litigation). Properly executed, the offensive and the defensive practice flow together seamlessly. A practitioner may chose which style (or "school") of practice, among many, best fits his individual strengths and weaknesses. A practitioner must always be ready to recognize and adapt to changing circumstances. A good practitioner will approach an obstacle with preparation, deep thought, and inner calm. But most importantly, a good practitioner trains with learned masters.

It is appropriate, then, that I've found myself comparing my professors (notably the PC profs) to kung fu masters, steeped in ancient wisdom passed on for generations and added to in turn by each successive torchbearer. Individual professors teach what they learned from their professors and mentors. And, entire law schools can develop meta-personalities, commonalties of thinking that morph in to a true "school of though." For example, a practitioner of Baylor style legal kung fu is unrepentantly aggressive, but also honest and forthright--he'll fight you tooth and nail, but he'll do it by the book.

So what have my masters taught me? I've learned the bulk of Baylor-style litigation from Masters Powell, Wren, and Counseller. From Master Powell, I've also learned the importance of communication and the narrative. From Master Wren I've learned the persuasive power of truth. Outside of PC, from Master Osler I have learned to answer one's calling and to truly value a new perspective. From Master Serr, I've learned the benefit of careful thought. From Master Beal, I've learned to freely express one's joy and love for what you do. From Masters Cordon and Ryan, I've leaned the strength of an organized argument. From Master Fuselier, I've learned that ancient tradition can have relevance in everyday life. From Master B----- (awkward in this particular context), I've learned that case law might be the hardest drug the hippies ever got their hands on.

I could go on, but I've got more to learn tomorrow. The Practice Court legend continues.

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