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DTCI: take the time to appreciate life's moments

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DTCI-Bryant-micheleWhat comes to mind when we think of time? Billable time, time management, time spent, time out, time flies, time stopped, a matter of time, on-time arrival, time to go … . According to Wikipedia, “Time is a dimension in which events can be ordered from the past through the present into the future.”

I cannot imagine any professionals more obsessed with time than lawyers. While a great debate still rages as to whether the billable hour is dead, the fact remains that many lawyers continue to measure services to clients by a unit of time: the billable hour. Even for lawyers not bound by a billable hour, there is always another deadline to meet or another call to make or another client to please.

Lawyers try to cope by “managing” their time. Ha! Ha! Are we not simply trying to manage the unmanageable? Some may be better than others at this attempt, but in reality, time is the great equalizer. It cannot be controlled no matter how hard we try. It does no good to ask for an extension. Twenty-four hours in a day is all we have, and all we will ever have. There always seems to be more to do.

While we all have equal hours in a day, we do not have equal days in a lifetime. Although lawyers may try to control all events and people around them, we are powerless to determine the most essential aspect of our existence. Tomorrow is not guaranteed, no matter how healthy, wealthy, or wise we may (or may not) be. In fact, we are all dying from the moment we are born. We just do not know exactly when the process will be completed.

Because lawyers view themselves as achievers and problem solvers, we find this lack of control over the big picture to be rather annoying. While some may choose to ignore it and some may try to fight it, perhaps the best approach is to just accept that not everything in life needs to be managed or measured. Lessons from others can be insightful.

I spent the last week with more than a hundred judges, lawyers, and others from across the country and Canada at the American Bar Association Commission on Lawyer Assistance Programs’ annual conference. From the many judges and lawyers in recovery from various forms of addiction, I learned a new measure of a day. For them, a day is not measured only in a billable hour or a brief written or a dozen emails exchanged. For them, the passing of a day is a gift of another 24 hours in which they have lived the miracle of recovery. This alone is a gift for which they are grateful. The courage they demonstrate in redefining each day and in acknowledging there are things over which they are powerless is inspiring.

While attending the CoLAP conference, I found myself doing something I never seem to find the time to do: reading a book that has nothing to do with the practice of law. Mitch Albom’s most recent book, “The Time Keeper,” was worth the couple of hours I spent. The main character, Dor, is the first man on earth to count the hours and is punished for trying to measure God’s greatest gift. His punishment? Being confined in a sort of purgatory listening to the cries from the people below begging for more time. You will have to read the book to find out how Father Time escapes this captivity. However, as a hint, it has something to do with convincing a couple of earthlings to reconsider how they spend their hours and how truly precious is the gift of each day.

Lawyers tend to have a tougher time appreciating the moments. A good many books have been written on why this might be the case. The intensity, focus and drive that make for a good lawyer can also make for a one-dimensional existence. While Dor had the power to stop time, we do not. Before the hourglass is empty, let’s all make it a point to pause every now and again to laugh a little, smell the roses, or whatever you do to make each day special.•

__________

Bryant is a partner in the Evansville office of Bamberger, Foreman, Oswald & Hahn and is a member of the DTCI board of directors. The opinions expressed in this article are those of the author.

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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

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