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Lawyers of the Present (1995) College of Law History

1995

Lawyers of the Present: Public Service, Public Interest Organizations, and Government Agencies (Volume 3)

University of Tennessee College of Law

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Recommended Citation University of Tennessee College of Law, "Lawyers of the Present: Public Service, Public Interest Organizations, and Government Agencies (Volume 3)" (1995). Lawyers of the Present (1995). https://trace.tennessee.edu/utk_lawpresentlawyers/1

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PUBLI SERVIC , :PUBLIC INTEREST ORGANIZATIONS, AND GOVERN'MENT AGENCIES Lawyers ofthe Present a publication df the College of Law ·The University ofTennessee1 Knoxville Thomas C. Gallig$n1 Jr., Deari KarenReagan Britrott, DirecrorAdmissions of and CareerServkeS: �V Bru�·u, La� CareetSetvi�es Advisor lan.:o Eppe�, Adn{inistrative Assistant, Law. CareerServ1c�

Qesighand ptQ.ducribnb.v UT Pubhcati"ons Center Introduction Public interest law, herein, has

Focusing on the career paths of been defined broadly to include pub­ alumni/ae practicing law in public lic service work with the government, interest and governmental organiza� as well as the more traditional public tions, this edition of Lawyers of the interest jobs in legal services and

Present is third in a series designed to advocacy organizations. Graduates demonstrate the versatility of the law who provide direct services to indi� degree and the variety of legal and viduals, as well as those who advance non� legal careers pursued by our objectives that affect large numbers of graduates. people, are represented.

Volume I was devoted to �lumni Several themes emerge from who have chosen alternative careers­ their narratives, whether the authors something considered "outside" the say their public interest careers were traditional practice of law-while launched by "events early in life" or

Volume II concentrated on graduates by "blind luck." They believe: practicing in law firms and as in� • If one's bent is service to others, house counsel. whether helping out individuals or

For this volume, graduates prac� changing systems for a better world, tieing in public interest and govern� public interest law is the best way mental organizations were identified, to do it, though it may be hard. and several candidates from each of • Its practitioners learn much about the various categories represented courage and more from their were invited to contribute their nar­ clients, for "adversity demands ratives. (Similar to our experience more" from its victims than do with the first two volumes, many "comfon and success." invitees were unable to participate at • Great satisfaction accompanies the time, while others were identified making a difference in lives, more too late to ask. We look forward to than in making money; and young having many additional graduates lawyers should live their own contribute to future pubVcations!) dreams, not someone else's image

for them. • The rewards also include varied affiliated with the National Assochi­

work that is complex, intellectu­ tion for Public Interest Law (NAPIL)

ally challenging, and dynamic­ also is an option. Scholarships for

and in many instances provides an summer pro bono work are available

opportunity to travel. through T APIL and through Kolwyck

• New practitioners are likely to Scholarships for Justice, provided by

have greater responsibility early, the College of Law through an en­

and frequently more autonomy, dowment by a generous alumnus.

than their peers in private Students are directed to the

practice. bibliography of resources listed at the

• The quality of life usually consists rear of this booklet to locate in-depth

of a comfortable living and allows discussions of various practice phi­

evenings and week-ends with the losophies and settings. It is our hope

family-but not always. that the words of the graduates will

• Their most helpful law school inspire you to explore further.

experiences include serving as a

student-attorneyin the Legal

Clinic, clerking for practical

experience, the course in evidence,

and learning from professors and

fellow students "with vision."

Law school today offers many

opportunities for exploration and

preparation. In addition to the expe­

riences highlighted by participants in

this edition, students can choose from

the pro bono projects of several Col­

lege of Law offices and organizations.

Membership in the Tennessee Asso­

ciation for Public Interest Law

(TAPIL), an active local chapter

2 0 0 rgz;EDICATION

his edition of Lawyersof the Present is proudly dedicated to two people

who have spent most of their careers as public servants and who were instrumental

in making all three editions of this publication possible-

former Career Services Director Joann Gillespie Rothery and

former College of Law Dean Richard S. Wirtz.

Both retired from their respective positions in 1998

after serving the College of Law-and the legal community-in ways

too numerous to mention. Their contributions will always be remembered

with great admiration.

0 0

Table of Contents Nancy L. Carnes, '81 & U.S. Department of Energy Prosecutors

Judicial Staff ...... 38 Defenders ...... 61 Pro Bono ...... 1 Patricia C. Foster, '87 John W. Chandler, Jr., '78 Federal ...... 62 U.S. BankruptcyTrustee Burch, Porter & Johnson, PLLC Will Traynor, '88 Don Paine, '63 U.S. Attorney's Office, Military ...... 39 Paine, Swiney & Tarwater Department of Justice Lt. Col. Wayne E. Dillingham, '83 Frances L. Ansley, '79 Perry Piper, '88 U.S. Air Force JAG Corps University ofTennessee College of Law Federal Community Defender's Office, Department of Justice

Public Interest State State ...... 65 Government...... 41 Dawn Doran, '91 .. 1s Organizations . . District Attorney's Office, 30th Judicial District ofT ennessee Administrative Agencies •••• 42 Govemment,Funded Natalie K. Thomas, '85 Legal Services • •• •••• ••• ••••••• •• 16 Tom Crider, '75 Division of Aging Services, District Public Defender's Office, Robert J. Bowman, '91 Georgia Department of Human Resources 28th Judicial District of Tennessee Camden (New Jersey) Regional Legal Mary Anne Reese, '80 Services, Inc. Ohio Attorney General's Office Margaret Held, '95 Christy A. Allen, '93 Knoxville Legal Aid Society, Inc. Tennessee Department of Commerce and Judges ...... 69 Michael Harnden, '83 Insurance North Carolina Prisoner Legal Services, Inc. Natasha K. Metcalf, '91 Federal ...... 70 Beth S. Bates, '82 Tennessee Department of Finance Honorable Robert Leon Jordan, '60 WestTennessee Legal Services, Inc. and Administration U.S. District Court, Eastern District ofTennessee Non,Profit Public Interest Honorable Robert P. Murrian, '74

...... Law Firm...... 22 Municipal U.S. District Court, Gordon Bonnyman, '72 Eastern District ofTennessee ...... 51 Tennessee Justice Center Government Michele Johnson, '94 State ...... 72 Administrative Agencies •••• 52 TennesseeJustice Center Honorable Riley Anderson, '57 Elbert Jefferson, Jr., '89 Tennessee Supreme Court Law Division, Policy,Oriented Honorable W. Frank Crawford, '50 City of Memphis, Tennessee Advocacy Organization ••.•• 25 Tennessee Court of Appeals Stephanie Webster, '83 Oliver Thomas, '83 Police Attorney'sOff ice, Municipal ...... 7 5 National Council of Churches City of Charlotte, North Carolina Honorable Brenda Waggoner, '78 Knox County (Tennessee) General Sessions Judicial Staff ••••••••••••••••••••• 55 Court Claudia Swafford Haltom, '80 Federal Shelby County (Tennessee) Juvenile Court Administrative Law

Government...... 27 Judges ...... 76 Foreign Honorable William N. Cates, '71 Administrative Agencies •••• 28 National Labor Relations Board Phyllis D. Haney, '88 Government...... 57 Honorable Stephen H. Elmore, '85 U. S. Internal Revenue Service Oregon Employment Department and H. Gray Marsee, '83 Administrative Agency ••••• 58 Oregon Water Resources Department National Aeronautics and Space Richard Kantor, '71 Administration Value AddedTax Department, James E. Hall, '67 Jerusalem District, Israel Resources ...... s1 NationalTransportation Safety Board David Spence, '90 Resources for Public Service

U.S. Customs Service Careers ...... 82 James D. Holt, '90 U.S. Department of Agriculture Public Service Information on

the World Wide Web •••••••• 84

Pro Bono that both my grandfather and father afterthought, I decided to interview had been attorneys with distin­ at fi rms in Memphis over the guished legal and political careers. Christmas holidays. I was turned off My grandfather, Walter Chan­ by the "corporate" image projected dler, graduated from the University by the attorneys who interviewed of Tennessee College of Law in me at many of those firms; however, 1909. He fi led the important consti­ I was favorably impressed by the tutional case of Baker v. Carr, attorneys who interviewed me at which established the "one man, Burch, Porter & Johnson. one vote" rule; was a fo unding Although Burch, Porter was an member of the law firm of Chan­ older firm, most of its members had dler, Sheppard and Heiskell, which very progressive social views. For evolved into Heiskell, Donelson example, Lucius Burch had been in and eventually into Baker, fe deral court representing the John W. Chandler, Jr., '78 Donelson, now one of Tennessee's NAACP in its effort to have the Partner, largest firms; and was president of city of Memphis ordered to provide Burch, Porter & Johnson, PLLC the Tennessee Bar Association. As it with a parade permit when Mar­ (Memphis, Tennessee) a politician, he was the U. S. Repre­ tin Luther King was assassinated in sentative frorri Tennessee's 9th April of 1968. Another partner, Congressional District, where he Charles Newman, had just success­ "I believe that my experience authored the Chandler Bankruptcy fully represented a group of Mem­ demonstrates that an attorney does Act, and was the mayor of Memphis phis citizens in their efforts to not have to work for a Legal for three terms. prevent the construction of Inter­ Services Corporation program My father Wyeth Chandler state 40 through Overton Park in or a public interest law firm in practiced law with my grandfather the landmark environmental case of order to have a positive impact. for many years; also served as mayor Citizens to Preserve Overton Park v. of Memphis fo r three consecutive Volpe. I believe, as I did as an idealistic terms; was a circuit court judge; and Additionally, even though law student, that attorneys can is now one of the most popular Burch, Porter represented numerous use the legal system to effectuate mediators in West Tennessee. corporations and insurance compa­ positive social change ." During law school, I became nies, it also represented plaintiffs in very interested in Legal Services all types of cases and even a few The first time I thought about Corporation (LSC) programs, criminal defendants. Finally, the not becoming a lawyer was during largely through the excellent UT firm actively encouraged its attor­ my senior year in college, when I Legal Clinic. The opportunity to try neys, both partners and associates, was majoring in English and con­ a case was much more exciting to to become involved in community templating graduate school. So, I me than was studying for an exam. affairs. My acceptance of a job offer decided to take a year off to make In fa ct, I became so interested in from Burch, Porter & Johnson is the choice between graduate school LSC programs that I attended an another decision I have never and law school. employment consortium in Atlanta regretted. Although I was not in law during my second year and applied I have been very fortunate to school, I was able to secure a job as fo r positions with LSC programs in have spent the last 20 years of my a law clerk/runner with the City of Miami and New Orleans that spe­ life working at a job I love. In fact, I Knoxville law department. The cialized in impact litigation. Unfor­ worked over 2,500 hours last year­ most challenging thing I did that tunately, the competition was too not because I had to meet a quota, year was draft a "leash law" to pro­ rigorous for those positions, and I but simply because I enjoyed work­ tect Knoxville residents from wild received rejection letters from both ing on my cases. I have had ample dogs. However, this exposure to the programs indicating that students opportunity to litigate exciting and practice of law convinced me to from Harvard and Yale had been intellectually challenging cases, attend law school. It is a decision I hired. while solving the legal problems of have never regretted. During my third year in law real people. The primary reason I had not school, I seriously considered hang­ Over the past several years my thought about becoming anything ing up a shingle with one or two of practice has evolved to the point other than an attorney until I was my law school classmates upon that I am currently representing ready to graduate from college was graduation. Almost as an primarily plaintiffs in federal court

8 in products liability, employment, and paid him $500 to put a new railroad crossing and Section 1983 roof on her small house. Apparently, cases. It is a wonderful feeling to be the contractor simply climbed a able to make a reasonable living, ladder to Mrs. Jones' roof, banged while at the same time believing around for a couple of hours with a that you are working on the side of hammer and pretended that he had "truth, justice and the American installed a new roof. way. " After the General Sessions In addition to my private prac­ Judge heard Mrs. Jones' testimony tice, Burch, Porter has allowed me and saw the photographs of the old the opportunity to continue my shingles that were still on her roof, involvement with Legal Services he "threw the book" at the contrac­ Corporation and pro bono programs tor. As the judgment included puni­ on a local, state and national level. tive damages, Mrs. Jones was not In that regard, I had the privilege of only able to have a new roof in­ Don Paine, '63 serving as a member of the Board of stalled on her small house, but also Partner, Directors of Memphis Area Legal was able to get it painted. (Mrs. Paine, Swiney & Tarwater Services and the Tennessee Bar Jones still calls me occasionally to (Knoxville, Tennessee) Foundation IOLT A Grant Review tell me how she is doing and to Committee for many years. I was a thank me for having helped her.) founding member and am current I believe that my experience "For those interested in chair of the Tennessee Bar Asso­ demonstrates that an attorney does pro bono work, you will have ciation Pro Bono Committee and not have to work for an LSC pro­ to work a Uttle harder because was the Young Lawyers' Division gram or a public interest law firm in you should take on those cases representative to the American Bar order to have a positive impact. I only if you are willing to give Association's Standing Committee believe, as I did as an idealistic law them the same effort as a on Lawyers' Public Service student, that attorneyscan use the paying case." Responsibility. legal system to effectuate positive Fortunately, the boards and social change. Even though there (Following is an interview with committees on which I have served are increasing pressures on private Don Paine conducted by Joann have been very successful in provid­ practitioners-especially upon Rothery, former director of Career ing poor persons with access to our young associates at the larger Services.) civil justice system. For example, firms--togenerate income, there Rothery: What are you up to the Tennessee Bar Association Pro are many private practitioners who these days? Bono Committee drafted, and with are dedicated to providing free legal Paine: I teach pan-time at the the able assistance ofT ennessee Bar representation to those who cannot College of Law. I've taught rem­ Association officers, convinced the otherwise affordit, and many firms edies over the past few years, but it state's legislature to pass legislation that are willing to support them in looks as though this year and in the during 1996 that created a litigation those efforts. future I'll be doing the evidence tax that will provide over $1.6 mil­ If you have an interest in pri­ course in the fall and then the civil lion per year for LSC and pro bono vate practice and in providing pro procedure II course in the spring. programs throughout the state. bono representation, you should Though I am a partner with the Although my involvement with question firms about this during the law firm of Paine, Swiney & the above-described boards and interview process. However, you Tarwater, I spend most of my time committees has been very satisfying, should be aware of the fact that it as far as paying work goes with a I have derived greater satisfaction has become particularly "fashion­ CLE [Continuing Legal Education] from providing free legal representa­ able" for firms to espouse their sup­ partnership known as the T ennes­ tion to individual clients. Perhaps pan of pro bono work, but that the see Law Institute. I'm the one of the the most enjoyable case of my ca­ reality of their involvement does three partners who does all the reer was one in which I successfully not always match the statements initial reading of cases and statutes, represented an elderly woman who made by interviewers. Always probe which takes up most of my time. had been defrauded by an unscrupu­ beyond these statements and ask for As a consequence, I've had to lous contractor. Because she was ill, specific examples of the firm's pro curtail to an extreme degree what "Mrs. Jones" was unable to get out bono commitment. was a very active trial practice in of bed, when she hired a contractor virtually all types of cases. I do try 9 to stay active in the pro bono area Rothery: Was there life after ness. As a result, over the years I and to take my share-and then law school? was able to try an extremely wide some-ofpro bono cases, which Paine: As I had accepted a range of lawsuits and wasn't rel­ keeps me in the courtroom. commission from the U.S. Army, I egated to trying just car wreck Rothery: Why did you become had to report for active duty as soon cases-although I tried some of a lawyer? as I took the bar exam. I went to those-or domestic cases, which I Paine: How did I get into this infantry school in Fort Benning, also tried. I had a lot of business­ law racket in the first place? I've Georgia, then completed the Judge related cases, some of them quite wondered about that. I had no par­ Advocate General training in complex, including securities and ticular ambition to be a lawyer, and Charlottesville, Virginia, before trust litigation. I became recruiting there was no lawyer that I know of receiving my permanent duty sta­ partner at some juncture, and of in my family. It may have been tion at Fort Rucker, Alabama. course some of the people I hired largely because I came close to the , Rothery: How did you end up were to help me with the growing end of my undergraduate years with in Knoxville? litigation business. the prospect of ending up only with Paine: I finished my army tour Rothery: When did you form a degree in English. I had planned of duty in August or September of your present firm? to be an English teacher at the 1966, at which time I was contacted Paine: Ultimately those of us in college or preparatory school level, by one of my former professors, Col. the litigation section left Egerton, but I was not really sure about it Harold Warner, who had become McAfee in 1987 to form our own and thought I might need an option. dean of the law school while I was firm of Paine, Swiney & Tarwater, My roommate, Randy Ayers, in the service. He was in need of a where we do only trial work. My had just enrolled in law school, and young faculty member, so I came feeling is that I should do more pro I thought I might walk across the back to Knoxville at his invitation bono than some lawyers because street and see what was over there and served on the faculty until June even though I have a busy schedule, for myself. In those days, the UT of 1970, teaching civil procedure I have the flexibility and financial College of Law would accept you and evidence, which I continue to security that allow me to spend with three years of undergraduate teach even today on a part-time more time doing pro bono. studies and a 2.0 grade point aver­ basis. Rothery: Tell me about your age, as long as you were a citizen of Rothery: But you entered pri­ pro bono assignments in the old the state. vate practice around that time? days and new. So I enrolled in law school, and Paine: Yes. I then became an Paine: Usually I take any cases I did go ahead and get my under­ associate with Egerton, McAfee, the Legal Services folks ask me to graduate degree and completed law Armistead & Davis in Knoxville, take. They seem to have cases that school, even though I was commis­ where I seem to recall that one of are a little out of the ordinary that sioned through ROTC in the army. my early cases was on a pro bono they think I should handle. Exactly They allowed me to finish my law basis, referred to me by a Conflicts what their criteria are I don't know, school training, but I was undecided Committee of the Knoxville Bar but I've had some interesting cases. enough even while in law school as Association. Egerton, McAffee had A lot of them involve domestic to what I eventually wanted to do a tradition of doing pro bono work, issues, but not all. that I somewhat foolishly enrolled and it was instilled in all the new One case I remember in par­ in graduate school to continue my lawyers that there was an obligation ticular involved a woman with a English studies and completed a to work it in with your paying prac­ hearing impairment whose daughter master's degree there and worked tice and to devote the same atten­ had been taken away from her and myself nearly to death. tion to either case-paid or not her husband more than 10 years Rothery: What else did you do paid. Your future in the firm was previously in Chicago under myste­ during this near -death experience? enhanced just as much by pro bono rious circumstances. Oddly, the Paine: I got married during work as by paid work. authorities took the older of two those years and held down three Rothery: What was your other daughters away from the mother part-time jobs-one in the law work there? and father (the latter had long since library, one downtown in the court­ Paine: Egerton, McAfee was died), but left a younger daughter house law library, and one that paid weighted toward an office practice, with them. You'd sort of think that ten times as much as the other two but they needed someone in the ifthe circumstances at home were as an English tutor for the UT Ath­ firm to do trial wor�, especially bad (which I was never persuaded letic Department. spin-off trial work that came out of they were), they would have taken some of the corporate banking busi- both children away.

10 Anyway, I thought I had a deal Rothery: But why should law­ spirit about it, but I do feel that it worked out with the people in Chi­ yers work for free? will help the course of justice in the cago administratively through the Paine: It goes with the terri­ long run. I also feel that way about Department of Human Services to tory-in this instance, our common the Judicial Conference. Obviously get the child returned. But a few license. For those interested in pro you take a little different approach days before Christmas I got a call bono work, you will have to work a when you're lecturing judges, but I from a woman in Springfield (the little harder because you should feel that if I can clear up some mis­ state capital) saying that despite take on those cases only if you are understanding about a hearsay point what they had promised-to return willing to give them the same effort with the judges, it may result in the girl to her mother by Christmas as a paying case. I believe you can more just decisions. day-the deal was off. I told them mix a regular practice with pro Rothery: So teaching is your they had the advantage because bono work. I think I had as busy a love? they were up there and so was the trial practice as any lawyer in Knox­ Paine: Well, the thing I've girl, but they might have picked on ville, but I made sure I still took on enjoyed the most in the profession the wrong country boy this time. those cases. I also think it's worth­ is the teaching end of it, and I I knew only one practitioner in while to discuss pro bono work started there in a way. In fact, even the Chicago area, whom I had met when you interview with law firms in the JAG days I was teaching at briefly at a seminar in Knoxville co­ to see what their attitude is. night school for a college that was sponsored by UT and the KBA. He Rothery: What else have you on the military post at Fort Rucker. was Albert Jenner of Jenner & done for public service? I've taught through most of my Block-the premier trial firm in Paine: Not much on civil af­ career, and that has been the part Chicago and certainly one of the fairs; I am a recluse, not a joiner. I that I have had the most fun with. premier trial firms in the country. I have been president of both the That's my treat for myself. telephoned him that bad winter's Knoxville and Tennessee Bar Asso­ day about the case and told him I ciations. But probably as much as needed an Illinois admitted lawyer anything else, teaching has been to sign the pleadings, though there the most pleasant service for me. I would be no money in it. He was teach CLE (Continuing Legal Edu­ nice enough to say "Come on up, cation) seminars, courses for the Don, and I'll put some troops on Judicial Conference, bar review that case and work with you." Sure courses, and a few law classes at UT. enough, he put one of their partners Rothery: Which of those is on the case, plus an associate who most rewarding? turned out to have been a student of Paine: Classroom teaching is mine at Vanderbilt Law School what I enjoy the most, and I would when I taught there. pay the administration to let me Our team of volunteers in­ teach. It's not just that I would cluded a lady fromMaryville Col­ teach for free, which I've offered to lege, who was a volunteer do, but I would pay UT just to be i�terpreter, and a lady from the allowed to teach because it keeps Department of Human Services, me interested in things. I try to who had a young baby at home. Of teach students in such a way that course all of us shelled out huge they will know a lot more than I did amounts of money from our own when I graduated. Hopefullythey pockets-andsome from the firm will be able to "hold their own" for coffers, as well-knowing that it their client's benefit when they get would not be reimbursed. in the courtroom against older, We won that one. That's the more seasoned lawyers. only time I have ever cried after a Rothery: Students tell me that case, win or lose. I try to keep my you love the evidence course. distance, because I think that is best Paine: Yes. I try to instill in for the client. But that was one case them the idea that if you really in which I took a personal interest learnevidence cold, you can really because they pulled the rug right level the playing field-it's so cru­ out from under us at Christmas. cial. I really don't have a missionary

11 to the legal system and to substan­ survive and carry on with humor tive justice. I also had two young and dignity after personal or family children. What I didn't have was catastrophe. Others found ways of much of a clue about how to get letting me know that while the these two aspects of my life into a justice system is important, and productive and mutually-enhancing while access to lawyers can make a relationship. huge difference, clients' lives and After some eye-opening inter­ hopes and loves and challenges are views, I began to understand that much bigger than their lawsuits. the then-existing labor market for Despite the satisfaction I gained lawyers had only begun to make the from that particular brand of prac­ smallest accommodations for moth­ tice, as the years went by I some­ ers or for those fathers who chose or times found myself frustrated at its needed to take substantial hands-on limitations as well. It seemed to me Frances L. Ansley, '79 parenting responsibility. Eventually, that our legal system was doing a Professor, however, I found parent-friendly poor job of addressing some of the UT College of Law homes-first in the Economic De­ problems that I cared most about: (Knoxville, Tennessee) velopment Unit of the UT Legal for instance, an economy character­ Clinic, and later in the plaintiffs ized by a scandalously increasing personal injury bar. gap between the rich and poor, "Some [clients] taught me by Working with teams of lawyers continued racial disparity and in­ their example whatit is to survive and support staff at the offices of creased racial tension, environmen­ and carryon with humor and Mike and Ann Rowland, Sidney tal degradation, and serious strains dignity after personal or family Gilreath, and Rom Meares, I had a related to the difficulty of juggling catastrophe. Others found ways wonderful eight-year stretch as a work and family (for everyone from of letting me know that while the litigator. During this period, I was the single mom working second justice system is important, and privileged to represent injured shift at a fast food counter, to Mr. people in a number of settings and Ms. High-Powered Couple while access to lawyers can make where my colleagues and I felt we leaving their kids for long hours a huge difference, clients' lives could make a difference, not only with an underpaid nanny on the and hopes and loves and chal, for our individual clients, but for run from violence in Central lenges are much bigger than the prevention of futureinjuries as America).

their lawsuits. " · well. I represented workers sick The world of these problems from asbestos exposure, children often seemed frustratingly removed What I do for a living is teach, hurt on three-wheel ATVs, employ­ from the immediacies of my law conduct research and write at the ees burnedin pipeline explosions, practice. I often wished that I had University of Tennessee College of and automobile occupants need­ more time to think more directly Law. I often think that I must have lessly injured for lack of airbags in and professionally about these sorts one of the best jobs in the world­ their cars. of concerns, to question whether especially on days when I don't I wouldn't give anything for the the law functioned to resolve or to have to teach the Rule Against experience of those years. I learned reinforce them, and to explore ways Perpetuities. tremendously from my co-workers. I in which the law should and could Despite my present high level was proud to be a member of the bar be changed. of job satisfaction, I have not always as I saw what was achieved by the In the midst of this malaise, I known this was something I wanted indefatigable corps of lawyerswho­ decided to take a year away from to do. Like many law graduates, I using the powerful democratic tools practice to investigate my options. I have worked in several different of civil discovery and the jury sys­ had a wonderful year at Harvard niches in the profession and have tem-finally exposed the shameful Law School, enrolled in an LL.M. found that a law degree can provide story of industrial asbestos and its program for prospective law teach­ a versatile base fromwhich to pur­ toll on individual workers and their ers. After years of representing cli­ sue a wide range of goals. families and on the nation as a ents and meeting external When I first graduated from law whole. deadlines, the hard but essentially school in 1979, I had a strong desire I was educated by my clients in self-centered work of being in law to use my law degree to improve important ways as well. Some taught school felt downright luxurious. access for poor and working people me by their example what it is to When I went on to stick my toes in

12 the academic job market, and when prise-and as friends-in ways that professors, graduate students, staff UT then offered me a teaching I will always be grateful for. and community representatives to position, I jumped at the chance. The research side of being a law create the Community Partnership Being a law professor has professor was much less familiar to Center. We won a competitive turned out to be more demanding, me than the teaching side when I grant from the U.S. Department of more varied, and more rewarding first came to this job. The rewards Housing and Urban Development than I ever could have imagined. of research and writing have far to launch a multi-disciplinary pro­ There are plenty of days when I exceeded my expectations. The gram whose aim is to link university miss the emotional rush of being scholarly part of the job has allowed researchers with organizations part of a dedicated litigation team me to pursue some of the questions rooted in low- and moderate-in­ or the deeper satisfaction of making that were nagging at me while I was come communities in Knoxville a difference in the lives of clients. in practice, and has allowed-in and East Tennessee. Certainly when blue book season fact required-me to spend part of We have sponsored, enabled, rolls around with its iron regularity, my time each year becoming a and/or supported a number of "part­ my family can attest that I am sel� writer. Legal scholarship is a dy­ nership projects" in which individu­ dam a happy camper. Nevertheless, namic and creative field with a als and classes at the university I really do love this job and all three range of different audiences, and I work with grassroots and other of its traditional metaphorical legs: have thoroughly enjoyed the expe­ community groups to investigate, teaching, scholarship and service. rience of seeing my work in print, analyze, and address community­ Teaching is a source of con­ initiating research and education identified problems. I believe that stant challenge and renewal. The projects, and participating in schol­ we have delivered valuable services fresh group of students that pours arly exchanges with people in law along the way, but feedback also into our classrooms each year is and other disciplines. suggests that this approach has amazing. Our students mostly work My research has also allowed significantly enhanced the quality hard, ask important questions, and me to be involved on a regular basis of our teaching and research activ­ show respect for each other. They with the kinds of non-academics ity as well. have in common the fact that, over­ whose life experiences, perspectives Certainly there are downsides whelmingly, they are eager to get and wisdom I value most. Over the to all this. In addition to sometimes into the world and want to make a past couple of years my research on wishing I had less of the Rule difference in it. At the same time, deindustrialization and on local Against Perpetuities, I am forced to they are diverse in many ways as impacts of the global economy has concede the truth of my husband's well (much more so than in my allowed me to spend time in the observation that there is a rule I day-a change that I applaud, for UT heartland, Mexico, Eastern sometimes could use more of: that reasons of both social justice and Europe, and Guatemala. I have is, the Rule "Against Perpetual educational quality). been able to teach and learn from Busy-ness." He often recalls fondly These students will be moving factory workers, field hands, literacy the days when he thought that a into communities and vocations teachers, labor organizers, social wife who worked as a law professor that face tremendous challenges in workers, human rights activists, would have more spare time on her the years ahead and helping them researchers, rural health care work­ hands than one who worked as a ge} ready to do so is a tremendous ers, priests and ministers, social litigator. But having more exciting responsibility. I would be less than scientists, puppeteers, cybernauts, tasks, more hopeful and energetic truthful if I said that the currents historians, folk singers, and practic­ students, and more pressing issues and pressures of law school are al­ ing lawyers. on my plate than I can easily handle ways as healthy and productive as The final leg of the law profes­ is a problem I would elect over they should be for the future profes­ sor's job is institutional and commu­ boredom or disengagement any day. sionals enrolled here. Many people nity service. One project that This particular way of being a legal in legal education today have con­ illustrates the difficulty I often en­ professional is one I am deeply cerns about everyone. But for all its counter in any attempt to clearly grateful to have had the opportunity problems, the law classroom at its distinguish service from teaching or to pursue. best is an exciting place that offers from research is my work with the both challenge and affirmation for UTK Community Partnership teachers and students alike. It has Center. provided me with an opportunity to In 1994, I was able to team up interact with students as joint with a sociology professor on members of the learning enter- campus, along with a larger group of

13

Public Interest Organizations time I arrived, Time magazine did a hazardous-! can pursue justice and cover story on Camden entitled, mercy and still go home at night to Government .. Funded "Who Could Live Here?" Well, I see my fa mily, participate on boards Legal Services fo und out in short order. outside the office, and even play For the past four years, I have keyboard in a Worship Band at my represented clients in the areas of church. Though I probably earn far public benefits, primarily in Social less than I would in private employ· Security, unemployment, welfare, ment, I make ends meet on a fairly Medicaid, and collection matters. decent, predictable salary without The people I serve are just like you the worry of billing clients everyday. and me. They may be different So how did I end up here? For colors, shapes and sizes, and speak several months after I arrived, I in languages we only read about in asked the same question. As time books, but they have dreams and went on, however, I found that this ambitions very much like us. Sadly, is the best place I could be to con­ they fall victim to scam artists, tinue learning, making a difference unscrupulous employers, drugs, in the world, and applying my legal alcohol, and the welfare system. skills. To me, there is no higher The type of work I do stretches calling than to speak up for those the limits of everything I learned in who cannot speak for themselves law school, especially patience, and to defend the rights of the poor Robert J. Bowman, '91 stamina and stress. Within my first and needy. Staff Attorney, fe w weeks of employment, I was in I started out on this path after Camden Regional Legal Services, court trying cases. I have argued taking a lawyer/personality assess­ Inc. (Camden, New Jersey) before the Appellate Division and ment in the Law Career Services have spent many hours in adminis­ office. During my third year of law uTo me , there is no higher calUng trative hearings. I have managed to school, Career Services Director than to speak up for those who get clients relief from thousands of Joann Gillespie Rothery was work­ dollars in medical bills and once ing on a project to match person­ cannot speak fo r themselves won a case where Medicaid had ality profiles with different legal and to defend the rights already spent a million dollars, but professions. Mine steered me toward of the poor and needy." tried to terminate the client for public interest, client-oriented, being two dollars over-income. problem-solving career areas. After graduation from UT law In addition, I have served on Shortly thereafter, I enrolled in the school in 1991, I was hired as a staff advisory committees on New Jersey UT Legal Clinic and by the end of attorneyby Camden Regional Legal Care 2000 (New Jersey's version of the semester, I was hooked. The Services, Inc., a program which TennCare) and on health advisory clinic was the class that convinced handles civil legal work for the poor committees at the city and county me that I wanted to deal with in fi ve counties in southern New levels. For the past two years I have people everyday, not just paperwork Jersey. been the president of the attorneys' and research. I spent my first two years in the union in my program and have Professors Jerry Black and Gary small town of Bridgeton, in the negotiated contracts and work con­ Anderson provided me with direct heart of farm country, working to ditions through good times and bad. client contact and a way to use my keep landlords from illegally remov­ Most of the time, I am a prob­ law school training in real-life cases. ing tenants from their apartments, lem solver. Clients come to Legal Their instruction on how to handle keeping real estate agents from Services when there is no one left even the most difficultclients with stealing houses out from under to help them. Some of my greatest dignity and respect has proved to be home-owners, and preventing em­ rewards come from clients whom I one of the most valuable assets I ployers fromgrinding employees have assisted in simple ways, talking could ever use in my legal career into the ground before replacing them through a crisis, taking the and in life itself. them. heat from the opposing party, or My advice to law students is to In April 1993, I transferred to arranging to get them a bus ride think long and hard about what you the Camden office of C.R.L.S., home or a motel room for the night. want to do with your legal career. located in one of the poorest cities While legal services work can be Assess your skills and interests, then in the United States. About the incredibly stressful-and sometimes pursue the type of law that interests

16 you; do not just fo llow the money. I of bankers, non-profit corporation have spoken with too many private executives, and activists to set up a practice "bum-outs" who have will­ new loan program serving the credit ingly taken huge pay cuts to get out needs of low-income entrepreneurs of their 80-hour work week, six­ in the inner city. I threw my heart figure research jobs to come work and my imagination into this for Legal Services. I have also spo­ project, and the result was the ken with private practice lawyers Community Microloan Program, who send their six-figure salaries to which has in tum been responsible pay child support. Practicing law for for creating close to 200 jobs in two money alone is not worth it. years for a fraction of the cost of If you want to work in legal governmentprograms. services, take courses that will place I learned in law school that you in touch with clients and academic answers aren't helpful, client-related issues, such as fa mily Margaret Held, '95 and that academic answers are all law, legal clinic, and wills and es­ National Association For Public that policy-makers have been hear­ tates. And pay attention in all of Interest Law Equal Justice Fellow, ing. The real answers come through your classes, because they do tum Knoxville Legal Aid Society the stories of real people-the re­ out to be relevant. For example, I (Knoxville, Tennessee) tired nurse who wants to start a day have really come to appreciate my care business for the elderly but administrative law class now that I cannot pay the $3,000/year licens­ ". . . what you can expectis to deal with state agencies every day. ing fe e. This fee was designed for Lastly, if you want to enjoy have perhaps the most fas cinating, hospitals, the only entities currently your legal career, try to maintain fun, challenging, and meaningfu l operating such businesses. So no one life outside of the law office. Keep a experience of your professional worried that the fe es were prohibi­ perspective on life and why you Ufe . Yo u will make our legal tive to a cash-strapped entrepreneur. want to practice law. Without it, system work like it is supposed to. No one anticipated a public you will only be another rat in the Yo u will make justice real ." housing resident wanting to start a rat race. daycare business, either. Or a dis­ abled person wanting to become the My devout Republican fa ther neighborhood "ice cream man." No asked me more than once when I one thought that the fa ther of a was growing up and bemoaning gang leader would want to begin a economic injustice in the world, ministry to pull youth away from "What does society owe anyone but gang life. Or that a church would a chance? " want to start making loans to I had no answers then, or now. African-Americansthat traditional But looking over my law school banks reject. Orthat a neighbor­ experience and my first years of hood association would want to practice, I realize how often I re­ design the kind of economic devel­ peated that question to myself. In opment that would go on within its law school, I would ask versions of boundaries. Orthat drug addicts it to Bob Lloyd in commercial law would want to start an art school. and to Joe Cook in constitutional Or that a public housing tenant law. I took labor and employment association would want to build a law with Pat Hardin, had philo­ neighborhood park. Or.. . or ...or ... sophical discussions with Fran And because no one in govern­ Ansley at Ramsey's Cafeteria, and ment anticipates that poor people meditated on the power struggles would or could do these things, no expressed in the law while I was one in governmentwrites laws that reading the cases. I cared what the enable them. In fact, the laws that dissenters said. are written mostly have the effect of I also presented myself at the denying opportunity to poor people door of the Knoxville Legal Aid and their organizations. Society as a volunteer. There, I was asked to staff anad hoc committee

17 Modem laws reflect a profound child, has borne the brunt of much crisis of fa ith in our society's ability of my stress over it. to deal with its problems and in Despite the strain, my clients poor people's ability to help them­ have accomplished amazing things. selves. So, in part as an answer to It has been a privilege to serve as my fa ther, I've become a lawyer the "corporate counsel" to local with an agenda-to do what I can nonprofit organizations who are to restore this fa ith. Society owes building dozens of houses, creating poor people more than a chance; hundreds of jobs, literally attracting poor people deserve our faith. millions of dollars of new invest­ For four years I have been at ment, and physically and spiritually Knoxville Legal Aid Society, most rebuilding Knoxville's inner city. recently as its community economic Much of my work has been trans­ development attorney. I was paid actional, and I have designed and through a grant from the National facilitated several workshops on Michael Hamden, '83 Association for Public Interest Law various aspects of economic devel­ Executive Director, (NAPIL), a vibrant, young, creative opment law. I have gained enormous North Carolina Prisoner Legal organization that finds about 10 amounts of hands-on experience, Services, Inc. (Raleigh, North recent law graduates and gives us but more importantly, I have learned Carolina) two year's salary to chase our from the wisdom of community dreams in a public interest practice. leaders who are succeeding where "At NCPLS, we spend every day It has been four of the best their governmenthas given up. years of my life. Fresh out of school, Unfortunately, perhaps because of our professional Uves advocating I have all the client contact, ability the government has given up, Con­ the interests of powerless cUents in to be creative, need to be resource­ gress will not allocate sufficient unsympathetic courts against ful,and intellectual challenge I funds to Legal Services to continue influentialand powerful agencies could ever ask for. Everyone should my work once the NAPIL fe llowship of state government." be so lucky. ends. As of September 199 7 I, like But this job has also been ex­ so many other public interest attor­ I received a flattering letter tremely emotionally draining. Four neys, headed into private practice. fromJoannn Gillespie Rothery and of my clients lost close family mem­ My disappointment is tempered Dean Wirtz advising that I have bers to inner city violence just last by the fact that I knew this day been selected as one of the people year. One of my client's host church would come. Very fe w opportunities whose careers will be profiled in this was burned to the ground by arson­ exist for public interest lawyers, and year's edition of Lawyers ofthe ists while the organization was the those that do exist do not last long. Present. A usefulprofile, I am in­ subject of bomb threats and racist I would not advise anyone to enter structed, will include a description hate mail. Several of my clients public interest law expecting job of my current practice, as well as my were completely defunded as chari­ security. career path, identification of spe­ table contributions were spread thin But what you can expect is to cificclasses or law school experi­ to cover government cutbacks in have perhaps the most fascinating, ences that helped, a narrative of the social programs. Organizations, fun, challenging, and meaningful satisfactions and frustrations of my competing for what little recogni­ experience of your professional life. work, and some [gratuitous] advice tion there is for this work, some­ Your clients will show you how they to those interested in a similar ca­ times descend into efforts to daily surmount the degradation they reer. The only other guidance of­ undermine one another. Congress sufferat the hands of people who fered was to be sure to cram all of and the Legal Services Corporation make too many assumptions. You that onto two pages. apparently think all this work to will make our legal system work like Okay, I'll give it a try. But I revitalize the inner city is such a it is supposed to. want to start with some advice. If threat to good social order that my You will make justice real. your primary motivation for practic­ every move is scrutinized. The at­ ing law is monetary, consider some mosphere of desperation and mis­ other profession or vocation. As a trust created by all of this is hard to lawyer, you won't get rich, you leave at the office. My fa mily, now won't be happy, and you won't increased by the birth of our second serve either your clients or the pro­ fe ssion very well. There's precious

18 little about which members of the known then what I know now and related war stories. Suffice it to say legal profession agree, but I believe had been more diligent, I would that, after 18 months of intense there may be consensus on the have been better prepared for what litigation, the case settled on terms proposition that we already have followed. favorable to the class (including the enough self�serving money grubbers. On 9 September 1985, I began construction of a new jail) and an The practice of law is about my first paying job as a lawyer when award of a substantial amount of service to clients and the public. If I accepted a position as a staff attor­ attorney fees. that's what you're into, you've cho� ney with North Carolina Prisoner In the years that followed, my sen a profession with boundless Legal Services, Inc. At that time, career as an NCPLS staff attorney opportunities for gratification and the office was comprised of three focusedon class action conditions fulfillment. As a law student, you other lawyers and a secretary. The lawsuits, but I also had the opportu� can begin to realize these rewards by director told me a little about the nity to represent individual prison­ preparing for and involving yourself mission of the program (to provide ers on a wide range of issues in all in activities that serve some societal legal services to North Carolina state and most Federal courts. I very good. inmates), gave me a primer on pris� much enjoy constitutional law and Preparing will be easiest, of oners' rights law, and sent me off to working to resolve the practical course, since that's what you're ensure that North Carolina prison­ problems that arise in applying expected to do in law school. And ers were treated humanely. First constitutional principles to real life at least some of the classes offered, thing you know, I was touring a situations. But since September of and some of the professors who county jail that housed twice as 1995, when I was hired as the ex­ teach them, can do a great deal to many prisoners as it had beds, with ecutive director of NCPLS, I have prepare you for the practice of law. groups of 4 people confined in 35 done less of that. Our program has In retrospect, evidence (with Neil square foot cells (about the area of a grown commensurately with the Cohen), con law (Otis Cochran), standard door, laid flat). The jail North Carolina prison population and criminal procedure (Gobert), entirely lacked fire exits, fire safety so that we now have a staffof 15 were all useful. I also found espe� equipment, and any plan to evacu­ lawyers, six paralegals, and nine dally valuable a more esoteric ate the jail in an emergency. And, supporting staff members. Our staff, course taught by Professor Cohen although the population of the jail our Board of Directors, and I have (morality in law?). In other cases, routinely exceeded 130 people, been astounded by the realization the subject matter of the course is there was no plan to provide even that a law firm of this size requires less important than the opportunity emergency health care services. management, and that is mostly to study with gifted educators (for Second thing you know, I was lead what I do now. Grant-seeking, bud­ example, Dean Wirtz, Neil Cohen, counsel in a federal class action geting, personnel management, and back in the day, Durward Jones lawsuit alleging inhumane living office administration, policy�making and Mickey Davis). conditions on behalf of all the and similar activities provide new Involvement is more demand� people who were and who would be challenges and greater opportunities ing because it can be all�consuming. confined in that jail. Of course, the for a broader kind of service. Of But involvement is the essence of county retained one of the most course, the opportunities for direct being. If you want to be a lawyer, experienced (and highly paid) service to clients have diminished. involve yourself in public service. litigators in the state, a senior part� It's too soon to say whether my new •T here are many ways to accomplish ner in one of the most prestigious work will be as gratifying. that, but I strongly recommend your firms, to defend the suit. Wow! Was Let's see. I guess that about participation in the Legal Clinic I in deep! covers it, except for a description of where you can begin to work as an In the interest of brevity, I'll the satisfactions and frustrationsof attorney on behalf of people who spare you a description of the pum­ this kind of work. At NCPLS, we desperately need your help. The meling I took in depositions, the spend every day of our professional clinic offers an opportunity to de­ motion for sanctions I fi led when I lives advocating the interests of velop fundamental legal skills under learned that the sheriff had powerless clients in unsympathetic the supervision of another gifted thwarted our discovery efforts by · courts against influential and pow� educator (and a helluva lawyer), loading half the jail population onto erful agencies of state government. Dean Rivkin. buses and giving 70 prisoners a tour That is hard work that doesn't make This kind of preparation and of the county while I attempted to us very popular, but even so, we involvement constituted the most record a "fair and accurate" repre� believe it is important and worth­ memorable and useful parts of my sentation of conditions at the jail while. When our work results in the law school experience. And, if I had on video-tape, and countless other release of a person who has been

19 wrongly convicted, or when· we are suited to corporate law. Though I able to secure humane treatment for thought I wanted to practice prop­ our clients, or when we help to erty law, I was more suited to State ensure that civilized standards pre­ Highway 22 (in West Tennessee) vail, even in prisons, we feel that than to lower Manhattan. our efforts have been beneficial and As luck would have it, in the in the public interest. Some (but late summer of 1982, I was hired by not all) of our clients, and some the Honorable Mark Walker, pre­ (but certainly not all) judges and siding judge of the Tennessee Court state officials, concur. of Criminal Appeals. I was not his I commend public service to first choice-his first choice did not you all (or, more plainly, do good in want to come to Covington where life). his office was located. It was a won­ derful year; the late Judge Walker Beth S. Bates, '82 was the best of the profession, Staff Attorney, learned, kind, gentlemanly, and West Tennessee Legal Services firm. He came from an Old South {Jackson, Tennessee) family but inspired Judge Odell Horton, the first modem African­ American judge of the federal dis­ "The satisfac tion in trict in West Tennessee. representing the poor and needy In the spring of my clerkship, I is unequaled. If I ever have accepted a job with Dwight trouble sleeping at night, I can Hawkins in Humboldt, Tennessee. visualize the faces of the people When West Tennessee Legal Ser­ I have helped and sleep vices, Inc., called again about a job in peace ." in Huntingdon, I fa iled to interview. Instead, I worked fo r four years in Humboldt. Part of that time, I At the University of Tennessee worked with Silas Jasper Taylor, IV, College of Law, I learned to value aUT classmate. (Jasper used to tell substance over form. Professors the East Tennesseans that one must Cook, Sobieski, Wirtz and Hardin, drive through his hometown of who were very influential in this Alamo in order to arrive anywhere lesson, expected excellence in sub­ in West Tennessee.) In this prac­ stantive law, evidence, and proce­ tice, which was very varied, I dure. I learned to defend my searched titles, drafted agreements, position and never bluff. My fe llow took criminal appointments, pro­ students and 1-all of us products of bated estates, closed loans, repre­ Main Street, Tennessee, and chil­ sented divorced clients, and dren of the late 70s-valued what handled Social Security disability was real and rejected the "Madison cases. I came to love these cases and Avenue" values. learned a great deal about this area I had my first chance to work of the law from my friends who for West Tennessee Legal Services, were advocates in Legal Services. Inc., between my second and third By the time an opening in years. But I had already accepted a Huntingdon again appeared fo r clerkship in my hometown when West Tennessee Legal Services, they called to see if I would be in­ Inc., I had to seek it out. In Novem­ terested in working there, and I ber, 1987, I got the job. In retro­ could not accept. spect, I have this image of God After law school, since Wall saying, " It sure took you long Street did not come knocking on enough to get to the point." my door, I found myselflooking for At first, my Legal Services a job for more than a year. I was too practice also was varied. I stubborn to realize that I was not

20 represented parents whom the state Michigan to Cleveland to the coal Despite the frustrations, the detennined to be unfit and took country of Kentucky, as well as subject matter is rich, challenging custody of their children and men­ other exotic points in the Sixth and dynamic. The satisfaction in tally retarded adults who could not Circuit. representing the poor and needy is pay their rent. I obtained divorces Most important of all, I rep­ unequaled. If I ever have trouble for battered women. resented hundreds of disabled indi­ sleeping at night, I can visualize the Most joyfully of all, I repre­ viduals, worked to prevent faces of the people I have helped sented the disabled who were homelessness by obtaining benefits and sleep in peace. I recommend wrongfully denied Supplemental and preventing evictions, educated the practice. Security Income benefits. These rural volunteers to promote the use My advice for those seeking a people are the poorest of the poor. of food stamps-and was very happy similar career would be: They are broken physically and with my vocation. • Do not stand in judgment of your mentally. They are commercial But there was a downside too. clients because you will meet fishennen who never paid self­ Since I was advocating administra­ some of the best people in the employment tax. They are ex­ tively, the Bar didn't see me in the world who are down on their hausted, illiterate, and ill courthouse. Some thought I was luck. homemakers. They are crack babies. doing enough--exhaustedly driving • All are deserving of our best in They have rare diseases like hemo­ back and forth to Dyersburg two order to protect the system for all chromatosis and Meuniere's Dis­ days a week, carrying 70 cases at a of us. ease. Whether they've had four time, all the while caring for a tod­ • Be prepared to be misunderstood; back surgeries, are HIV positive, or dler and rarely seeing my husband. I most people do not understand have organic brain syndrome, they knew that I was performing at 100 public benefits. are very grateful for your help. percent capacity and doing it in the • Be prepared for modest finances. I Gradually the program moved areas where I could accomplish the suspect that I may be the poorest to specialized practice sections after most. in material possessions of my the staffhad gained experience. After Then came 1995 when Legal graduating class. However, as returning from maternity leave in Services was almost eliminated, and Judge Walker once told me, you the fall of 1991, I was made head of I lost almost all my remaining pride. can only eat so much food, wear the benefits section, comprised I called my friends and family late at so many clothes, and take so mostly of female paralegals, but also night after my child had gone to many trips. How much money do including one male attorney and sleep and asked them to lobby for you need? one male paralegal. We instituted us. They did. We were happy to • Don't worry unduly about what bimonthly case reviews, staffmeet­ take a 33 percent budget cut and you think people think about you; ings, and spirited discussions. assume restrictions on our activities. choose a legal job that is satisfy­ I gained the opportunity to file I came to realize that what mattered ing, interesting, worthwhile, flex­ appeals in federal district court and in this battle was not whether or ible of family, obligations, and have been involved in about 15 not I did a good job, but more so supportive of your interests. My cases at that level. I also have ar­ Grace and politics. interests include the Business and gued before the Sixth Circuit Court About this time, Washington Professional Women's Organiza­ of Appeals in Cincinnati after driv­ decided to reform first the Social tion that promotes the interests of ing the company car, a four-cylinder Security disability process and then working women of all professions Nova, 10 hours each way in two kick several thousand people off the and businesses. days. (I felt jet-lagged for three days disability rolls, including those who afterward!) had allegedly medically improved­ I helped organize seminars for children and non-citizens. They the private bar on disability and also restricted our ability to repre­ attended seminars on the subject. sent poor disabled people who had Though one meeting was in Wash­ paid into the system; for every one ington, D.C., and one was held in client we retained, they tenninated New Y ark, most of them have been two cases. Then came welfare re­ held at a convent near Nazareth, fonn and several volumes of new Kentucky, where one can dine and law, regulations and manuals. Yet lodge cheaply while networking the old laws must be retained be­ with colleagues from areas ranging cause they affect TehnCare eligibility. from the Upper Peninsula of

21 I came of age during the civil who are both dear friends and gifted rights era, when dedicated lawyers advocates, helped me along. A great Non.-Profit Public and courageous judges were playing perk that accompanies a career in Interest Law Firm a prominent role in building a more public interest law is the "foxhole decent and just society. It looked camaraderie" that grows out of do­ pretty exciting, and, besides, other ing hard but important work with a businesses or professions all seemed community of friends who share the to require gifts or discipline which I same values. lacked. So, partly in response to the Another benefit of law prac­ inspiration of others, and partly by tice, which in some places is fading default, I decided to go to law with increased specialization but is school, with a goal of going into still available in most poverty law Legal Services when I got out. settings, is that you can continually I frankly did not like law school learn and do new things. Over the very much and was not a very con­ years, I have had the opportunity to scientious student. The Legal Clinic work on prison reform litigation, was my salvation; the Clinic and appear before the Supreme Court in public interest internships were a civil rights case (don't ask how it what kept me engaged. They gave turned out), help draft fe deral and me hope that I might enjoy law state legislation, testify before Con­ practice more than I was enjoying gress and work on the arcane details Gordon Bonnyman, '72 law school, which fortunately of health care financing and deliv­ Attorney, proved to be the case. ery. All of that without changing Tennessee Justice Center, Inc. When I graduated from law jobs. There were even a couple of (Nashville, Tennessee) school in 1972, there were no jobs sabbaticals during which I and my in Legal Services. Then, as now, wife, Claudia, who is also an attor­ "A great perkthat accompanies political ideologues were trying to ney, worked at human rights jobs in a career in public interest law abolish federal funding for civil the Middle East and Eastern Europe. is the 'foxhole camaraderie' legal aid to the poor. No one was It hasn't all been fun, of course. hiring, or, at least, they weren't Poverty law exposes you to the that grows out of doing hard hiring me! But, after months of suffering and injustice experienced but important work with a discouragement, I landed a tempo­ by clients and the myriad ways in community of friends who rary job at the Legal Services office which we fall short of the ideal of share the same values ." in Nashville. I got the job because I "Equal Justice Under Law." The happened to be available at a cru­ work is often stressful. But the only I have a great job! I currently cial moment and knew someone jobs that aren't stressful at least work for a small non-profit public who knew someone. After the ini­ some of the time are those that are interest law firm in Nashville, tial three month grant ran out, boring and meaningless because it known as the Tennessee Justice more funding materialized, and I doesn't much matter what kind of Center. We are an adjunct to the was able to stay in the same job job you do. Stress is the price you eight federally funded Legal Aid until moving to the Tennessee pay fo r getting to do meaningful and Legal Services programs across Justice Center 23 years later. work. And this work is meaningful. the state. Like them, we provide The first day I went to court as Winning a few dollars for someone free legal services to low income an attorney, with two Vanderbilt who has nothing, or helping her clients in civil cases. We handle law students and a frightened client retain custody of her child, can be cases, such as class actions and ad­ in tow, the judge had me ejected more rewarding than cases involv­ vocacy relating to welfare reform, from the courtroom because I whis­ ing lots of money, but with less which the othereight programs have pered to my client during the impact on the lives of real people. been prohibited from taking. In docket call. That was the beginning It is this human dimension to fact, it was congressional imposition of an extended, bumbling appren­ the work which affords us one of of those restrictions in 1996 that ticeship, during which I seemed to the greatest benefits of poverty law: prompted bar leaders to establish learn everything the hard way. the opportunity to draw inspiration TJC, so that the poor would still Fo�tunately for me and my from our clients. A few are difficult have access to the same range of hapless'clients, things gradually to represent, of course, but, much legal remedies which others enjoy. improved. A legion of colleagues, more often, poor clients are inspiring.

22 That is not because the poor are I have been blessed with mean­ more virtuous than everyone else ingful work, done in the company but because of their circumstances. of friends whom I have loved, serv­ After all, it is adversity, rather than ing clients whom I have admired. comfort and success, which de­ And I have been paid fo r the privi­ mands the most of people, and the lege. My thanks to the College of poor have adversity aplenty. Being Law for making that possible, and with them, even in a small way, in may you be equally fortunate! hard times often allows us to wit­ ness their ample courage, loyalty and compassion. It is presumptuous to offer un­ solicited advice, but here goes: • If you really want to work in the public interest sector, develop a Michele Johnson, '94 resume which demonstrates your Attorney, commitment. Choose summer Tennessee Justice Center, Inc. jobs and law school activities that (Nashville, Tennessee) will both demonstrate your com­ mitment and provide you with contacts which might eventually "Initially, it may seem lead to future employment. impossible to firul a way to • Choose carefully the community workfor justice for the poor of workers with whom you will be ANDget paid, but it seemed practicing. The fact that a firm or impossible to me three years arul organization does good works is 200 clients ago , arulit once no guarantee that it is a warm and seemed impossible to colleagues caring place to work. More often who have spent long careers it will be, but not always. So,you should seek answers to several providing legal services for questions: Is the culture of the thepoor. " workplace humane? Does it foster mutual respect and support I entered the University of among co-workers, or jealousy Tennessee College of Law because I and competition? Does the agency fe lt called to serve the poor, and I treat clients with respect, and loved to argue. Law school seemed place their interests first, or are the only acceptable option. I had a clients regarded as aggravations? romantic notion that if only a little The most important antidote to justice could be sprinkled into the bum-out and cynicism is a sup­ lives of the poor, many might not pOrtive community of colleagues­ be poorany more and others might make sure your prospective job find their poverty a little easier to provides that. endure.

• Don't get discouraged. As tough The College of Law served as a as it is today to find public inter­ sturdy and reinforcing bridge be­ est jobs, especially in Legal Ser­ tween this idealism and a career. So vices, there are still opportunities many of my colleagues from differ­ for those who work hard to find ent parts of the country who are and exploit them. And, even if working in public interest law and you do not make a fu ll-time ca­ in private practice describe hostility reer of public interest work, take in their law schools to the pursuit of advantage of the many opportuni­ public interest careers. This concept ties for pro bono work which are is foreign to me. The College of available to those in other types Law was packed with people who of practice. were committed to giving me the

23 tools I needed to become the best half, I realized that educating the She would endure anything for her attorneyI could be and who pub­ public about the law would be much child, but she had lost all hope that licly and privately gave me inces­ more effective once the system she could move the system who sant encouragement, which was more closely mirrored the law and held her child's health care hostage, communicated by: that class action litigation might be a system with clear financial incen­ • administrators working behind necessary. However, Congress was tives to deny her child the services the scenes to include the "public about to restrict Legal Services from he needed to live. interested" in a real way in student undertaking that type of advocacy. I represented Julian in an ad­ leadership positions throughout Bar leaders were working to estab­ ministrative hearing and obtained a the College; lish the Tennessee Justice Center to ruling that the insurance company • professors setting examples for handle cases which Legal Services was obligated to provide him the students by generously giving to could no longer accept, but the home care he needed. I also repre­ the Tennessee Association of funding was completely uncertain. sented Julian along with co-counsel Public Interest Law (TAPIL) Then, as if in answer to my in a federal court case challenging summer stipend drive, so that prayers, I ran across a National the lack of due processfor TennCare students who volunteered their Association for Public Interest Law enrollees. That case resulted in a summer at a public interest orga­ (NAPIL) Equal Justice Fellowship ruling that the program had vio­ nization could receive some grant application. I applied for an­ lated the Constitution. As a result funding; other two-year grant. I left Legal of the court's ruling, I worked with

• professors portraying cases involv­ Services of Middle Tennessee in co-counsel and state officialsto ing the poor in a compassionate January of 1996 and continued my develop an appeals process for the way; work through the Tennessee Justice 1.2 million Tennesseans who rely • tireless work by administrators Center not knowing whether there on TennCare . and staffto realize ongoing public would be funding forthe project. In Julian is now four and a half. I interest projects; March of 1996, I learned that have had to intervene in order to • and staffbuying donuts every NAPIL had awarded me a two-year maintain his services about a half morningwhen TAPIL sold them grant to continue my work at the dozen times, each time uncovering to raise money for publiC interest Justice Center. I have just begun my a systemic deficiency in TennCare projects. second year as an Equal Justice services for medically fragile chil­ Encouragement was vital, since Fellow and feel like the luckiest dren. One such intervention re­ there appeared to be no paying jobs lawyer in the world! sulted in negotiations, for which I in public interest law. Late in my The greatest sources of satisfac­ had primary responsibility, to en­ third year, I learned of a grantpro­ tion and frustration in my work are force the law guaranteeing all gram funded by the Lyndhurst the same-the potential for chang­ TennCare children the preventive Foundation called Southern Com­ ing lives with this work is tremen­ and treatment service they need. As munity Partners. Just before gradu­ dous, and I represent my clients by a result, a comprehensive plan has ating in May of 1994, I was selected myself (for the most part from start been developed for the health care to receive a two-year grant at Legal to finish). The story of my very first of the one in three Tennessee chil­ Services of Middle Tennessee on a client, Julian, demonstrates both dren who rely on TennCare. The project called "Action on Behalf of these sources of contentment. comprehensive plan will become Children." Julian was a terminally ill in­ part of a consent order. My project focuses on fant when I began representing him, Ironically, the law's potential to Tennessee's poorest and sickest my first month on the job. He is affect young lives is the source of children who receive their health bright, happy and full oflove. His great frustration, as well as a great care through TennCare, the state's life depended on getting home nurs­ personal satisfaction. Skeletal re­ then-brand new mandatory man­ ing care because his congenital sources for this advocacy are endan­ aged care program. The project's heart and lung problems made it gered constantly and have been for goal was to enforce the laws that impossible for him to produce the past 25 years. There are literally entitle children to the health care enough oxygen to survive. He thousands of children daily who they need to reach their potential would stop breathing three times a need legal help as much as Julian by using individual advocacy, sys­ day. I remember my first conversa­ and his mother did. When I com­ temic advocacy and community tion with his sleep-deprived single pare our resources to clients' needs, education. mother, who, had been courageously I wonder whether "equal justice" is Over the course of representing battling the system for nine months more than a petrified saying. In this, individual enrollees for a year and a since his birth to keep him alive. the richest nation in the history of

24 the world, children should not have Wrong. God came calling. to retain a lawyer to get health care, Policy .. Oriented Six months later I fo und myself but they do. None of them should Advocacy studying for the ministry at a semi­ have to be denied the legal help nary in New Orleans, Louisiana. they need to reach their potential, Organization Soon I was reading Greek and He­ but so many are. brew and serving on the pastoral Learning the practice of law on staffof an inner-city church on the cases where real lives are at stake is doorstep of one of the South's most motivating, but terrifying. These notorious housing projects. children deserve Clarence Darrow But still, I had not fo und my (in his more experienced years), niche. Many of my parishioners had and they are stuck with me, fu m­ legal problems-slum landlords, bling through my Bar Review notes juvenile delinquency, and a crimi­ to find the basics. After a particu­ nal justice system stacked against larly heartbreaking day, I long for a the poor, jobless men of our simple dispute over money, instead neighborhood. of a child's future. Acting upon the advice of my In spite of these frustrations, to most trusted mentors and friends, I students considering a public inter­ returned to UT upon graduation. est career, my advice is "go for it!" There, I completed my legal train­ You will not be sorry fo r one in­ ing and determined to find a way to stant. The sacrifices and uncertainty Oliver Thomas, '83 combine my interests in law and that come with this type of work are Counsel, theology. outweighed by one client whose life National Council of Churches After a clerkship with Judge is changed for the better. Initially, it (Oak Ridge, Tennessee) Houston Goddard of the Tennessee may seem impossible to find a way Court of Appeals, I began practic­ to work for justice for the poor ing law with my brother (now Cir­ "Most of my practice has been AND get paid, but it seemed impos­ cuit Judge D. Kelly Thomas, Jr.) in about helping to ensure that sible to me three years and 200 nearby Maryville. Two years into allfa iths-not just clients ago, and it once seemed my my practice, a phone call came. impossible to colleagues who have own--are treated with fa irness Several Baptist conventions were spent long careers providing legal and respect." looking for a Washington counsel services for the poor. who would represent them on mat­ "A lawyer and a minister? " ters pertaining to religious liberty People ask me as they raise their and the separation of church and eyebrows. "How cansuch a thingbe? " state. The work would include rep­ For a Baptist boy growing up in resenting Baptist causes in appellate a town where my attorney father courts as well as before Congress was revered for his work on behalf and the fe deral agencies. Constitu­ of single mothers, blue-collar work­ tional law had always intrigued ers, juveniles, churches and minori­ me-so had the challenge of work­ ties of various types, it wasn't such a ing in the nation's capital. I jumped stretch. at the chance. Lawyers and ministers? Aren't As the years passed, my oppor­ both in the helping business? For tunities fo r interesting work grew. me, practicing law was just another In addition to practicing law, I was name for trying to make a difference often invited to speak and write with your life . about my work. I co-authored legis­ I began my study of law in the lation as well as guidelines on such fall of 1977 as the son and brother controversial issues as religion and of UT law graduates. Midway public schools. Soon, I was offered through my second quarter, I was the chance to teach part-time at lucky enough to be ranked first in Georgetown University LawCenter. my class. Surely, I had fo und my I also began serving as special coun­ niche. sel to the First Amendment Center

25 at Vanderbilt University. Started by Much of my work can be the old Gannett Foundation (now summed up by what one of my fa ­ the Freedom Forum), the Center vorite professors at UT, Durward opened the door for my work with Jones, told me years ago. "Thomas," hundreds of public school districts he said, "if you want to know how across the country. your case is going to come out, go But still, my practice was evolv­ home and ask your mother. Ninety ing. After nine years in Washing­ percent of the time, it's just a mat­ ton, my wife-a native of Oak ter of fairness, and moms have a Ridge-decided it was time to go good idea of what that looks like." back home. In a stroke of luck or Professor Jones was right. Most providence (I'm always willing to of my practice has been about help­ accept either!), the National Coun­ ing to ensure that all faiths-not cil of Churches invited me to be­ just my own-are treated with fa ir­ come their special counsel for ness and respect. religious and civil liberties. What's My advice to students is simple. better? They didn't care where I Do something you enjoy. American lived ! Bar Association surveys show that Three years later, I'm back about half of today's lawyers are living in Maryville with one office unhappy. Don't allow yourself to be at home and one at the NCC's squeezed into anybody's mold of Washington headquarters. This, what an aspiring young lawyer is coupled with my work for the supposed to do. If you want to rep­ Children's Defense Fund and for my resent poor people, do it. And, local school board, has made my don't be swayed by the salaries at years in Tennessee memorable. the big city firms. If it's the environ­ My work for the National ment that turnsyou on, then, do Council of Churches includes ap­ that. Just remember what brought pellate practice, speaking, writing you to law school and don't be satis­ and lobbying. It is one of the most fied until you're living out that fascinating jobs I could imagine. dream. Life's too short, and you're Just this summer I was able to co­ too smart to settle fo r less. author the new Presidential Direc­ One other thing-make lots of tive on religion in the fe deral friends. Your professors and col­ workplace. The guidelines are a leagues are the people who can help model for dealing with such matters you find your niche in the practice as religious garb, expression and of law. For me, it was people like holidays fo r employers in both the Dean Wirtz (my first-year advisor) public and private sector. and Dean Hoover who encouraged This fa ll [1997], I will be helping and supported me as I tried to make national religious and educational sense of a vision that involved mar­ groups draft guidelines for parental rying two separate and distinct rights in the public schools. In addi­ academic disciplines. tion, I have had the opportunity to A lawyer and a minister? You co-author such booksas The Rightto betcha. And, you can do it, too. ReUgious Uberty,the ACLU hand­ book on church-state law, and Find­ ing Common Ground, the First Amendment guide for public schools endorsed by Secretary of Education Richard Riley. I have lectured at Harvard, as well as at Pat Robertson's Regent University. In short, my practice not only has been fulfilling-it has been fun.

26 II Federal CJovennnrrent project underway. He was one of my graduating. But the excellent, basic favorite faculty members at UT, and taxation course with Professor Amy Administrative I always enjoyed his classes. He Hess confirmed that I really did like Agencies taught my first-yearlegal process tax law and had in fact made a good course and later actually made evi­ decision! I also managed to take dence entertaining (and retainable! ). Professor Pat Hardin's administrative I also had many enjoyable chats law course my last semester, hoping with him when he graciously agreed it would somehow help me once I to serve as an academic reference arrived at a large government for me. I appreciated the personal agency. The outlines from those attention he devoted to all of his two eleventh hour courses turned students; he always had time for us. out to be the only ones I carted into I recall being very pleased to hear of work initially, and they were cer­ him being named fu ll professor, tainly useful as I started tackling the then acting dean, and was truly very complex business of our thrilled when he was named dean! country's tax system. I always found the Career Ser­ I started in the Office of the vices office extremely helpfulduring Assistant Chief Counsel {Income my years at UT as well. In fact, I Tax and Accounting) at the IRS. was Joann Gillespie Rothery's first I enjoyed the Office of Chief "customer" when I wandered into Counsel's function as legal advisor Phyllis D. Haney, '88 her office during my first year and to the IRS; our job is to arrive at General Attorney, inquired about how to fi nd a sum­ the technically correct legal answer Office of Associate Chief Counsel, mer position in insurance law. I was to specific tax questions posed ei­ Internal Revenue Service very fortunate that I got to experi­ ther by other IRS functions or tax­ (Washington, D.C.) ence three distinct types of legal payers. In the national office, the practice while still in school: in­ attorneys are not actually advocates house legal department, govern­ for the government, though we ". . . based on years of ment practice and a large firm. formulate the government's position comparing notes with lawyers In fact it was during my last in unsettled areas. I think I enjoy at private firms as well as other summer before graduating, while these academic and basically non­ government agencies, I have clerking at a large firm in Rich­ adversarial aspects of our work the concluded that working-grcule mond, Virginia, that I discovered most. However, my initial impres­ attorneys for the government are (much to my surprise) that I en­ sion of tax law as being precisely given more interesting, novel, joyed tax law. I "rotated" through defined proved to be inaccurate and complex issues and projects , all the major departments of the very quickly. firm over the summer and fo und in I also enjoyed working for a and much more responsibility, the tax department what appeared government agency. The Office of much sooner than our private to be a very self-contained and Chief Counsel employs over 700 sector counterparts. " determinate area of the law. When attorneys in Washington alone, and Career Services arranged UT law I can't image finding such a high It hardly seems possible that students' participation at the South­ concentration of helpful andjust I've been out of law school and eastern Law Placement Consortium plain nice fo lks in a law firm of working for nine years, and that the in Atlanta that fa ll, I added the IRS comparable size, especially in self­ 10-year mark is fast approaching. to my list of requested interviews. important Washington! And based {Living out of the area, I haven't Fortunately, that decision worked on years of comparing notes with been to UT's College of Law since out very well, and I ended up at the lawyers at private firms as well as graduating, but I intend to make it National Office of the IRS in other government agencies, I have to Knoxville for next year's home­ Washington, D.C., in August of concluded that working-grade attor­ coming to see the gorgeous new 1988. neys for the government are given College of Law building and hope­ Unfortunately, I had postponed more interesting, novel, and com­ fully also some faculty members and taking the required income tax plex issues and projects, and much former classmates.) course until the fa ll of my last year more responsibility, much sooner I know Dean Wirtz was instru­ and was unable to schedule more than our private sector counterparts. mental in getting the new building advanced tax courses before

28 My personalcareer path be­ considerations against a much came more interesting when I left heftierpaycheck, but the additional my former officeabout two and income may come at the cost of one-half years ago to transfer to most of your potential free time and Employee Benefits and Exempt a less-than-pleasant job that colors Organizations. I was able to work in your entire outlook on life. a number of areas under my new office's jurisdictionbefore settling into my current area of tax-exempt organizations, which is fascinating. I had the opportunity to work with tax-exempt health care organiza­ tions during the health care reform effort, and remain involved in all new tax legislation affecting tax­ H. Gray Marsee, '83 exempt organizations generally. I Attorney, am currently draftingregulations Office of Chief Counsel, under a new law affectingpublic Marshall Space Flight Center, charities and social welfare organi­ National Aeronautics and Space zations and frequently train IRS Administration (Huntsville, personnel and speak to outside Alabama) professional organizations on this topic. "While no job is always exciting, Certainly working for the gov­ ernment in my present position has I must admit that I have been to its frustrations. The tax-exempt honored be a part of NASA. organizations area can be a very It is fa scinating to realize that no "political" one, which means deci­ matter how remote the place I sions are sometimes driven by con­ have traveled to, people have siderations other than the pure, heard of my employer." legally correct answer. There is also a pervasive government-bashing Standing in front of a class of (especially of the IRS) sentiment in sixth graders who had been studying the current Congress, which doesn't international space treaties, I boldly do much for morale in the trenches. proclaimed, "I practice space law." The effects of this sentiment on our Trusting they knew by the tone of agency's funding have also become my voice that I was joking, I went very real since I've been at the IRS. on to explain that space law for me But overall, despite the bad was down-to-earth stuffand that, as press and politicizing of a lot of tax a matter of fact, I did not even deal issues, I enjoy my current work with international space treaties immensely and decided to stay here myself. on several occasions when pre­ Generally, my work as a NASA sented with opportunities for much lawyer involves both general law more lucrative private sector em­ issues (personnel and fe deral labor ployment. I would encourage law disputes, tort claims, ethics, envi­ students faced with a decision be­ ronmental law, etc.) and govern­ tween governmentand private ment contract law. These areas of careers to give full consideration to law can and have led me into both the autonomy, responsibility, and administrative hearings and court opportunity for interesting and cases (involving support from the intellectually challenging work with U.S. Attorney's Office for court wonderful people that is offered by cases and Department of Justice many rewarding public sector posi­ attorneys for appellate cases). tions. You may be balancing those

29 The last couple of years at the and we are all still in need of grace every associate on that hallway had George C. Marshall Space Flight and mercy on a regular basis. served on a law review. Center (MSFC) in Huntsville, During this time, I was sur­ I also will always remember Alabama (a field center of the N a­ prised to realize that even as we how my boss introduced me for the tional Aeronautics and Space Ad­ were working diligently to release first time to NASA's general coun­ ministration) have been particularly numerous documents under the sel. The general counsel was visiting exciting for me. One of the more Freedom of Information Act relat­ from Washington, D.C., and interesting tasks I worked on during ing to solid rocket boosters (SRBs) MSFC's then-chief counsel Susan the last couple of years was to serve and SRB a-rings (part of the weak McGuire Smith made a point of as NASA's lead attorneyfor the link in the original space shuttle noting the Tennessee Law Review X-33 (Experimental Vehicle 33) design that led to the Challenger certificate hanging on my wall. selection and negotiation process. accident), some in the national Suddenly, all the hard work of try­ The selected Lockheed Martin media were hinting that we were ing out for the law review, the proposal for the X-33 vehicle will delaying and hiding information. nights of doing "stack checking" on be designed and built pursuant to a (As an aside, MSFC has been and citations in manuscripts, and in­ cooperative agreement, rather than still is the lead Center for the engi­ volvement with writing that seemed a traditional government contract. neering and procurement of rocket to have far too many footnotes This program, valued at over one propulsion systems since the 1960s.) appeared to have been worthwhile. billion dollars, will result in a one­ As an attorneywho personally re­ As I recall, my research and writing half scale flight test prototype of a viewed and approved the release of II professor had a law review certifi­ Single Stage to Orbit (SSTO) com­ numerous key documents relating to cate on his humble office wall. mercial vehicle dubbed "Venture the Challenger accident, I must Those certificates, along with other Star." Initial test flights are sched­ state that we were as timely in the accolades, can sometimes lead to uled for the year 2002, and com­ release of documents and as forth­ greater things. We no longer call mercial flights could potentially coming as was humanly possible. my former R&W II instructor Pro­ begin in 2005. While no job is always exciting, fessor Wirtz; we call him Dean The input I provided as an I must admit that I have been hon­ Wirtz. attorney during this process included ored to be a part of NASA. My job working to assure compliance with has given me the freedomand abil­ federal regulations, monitoring the ity to travel to remote parts of the process for a fair and unbiased selec­ world (i.e. Guyana, South America tion of contractors, crafting coop­ and Siberia) on several occasions as erative agreement language for such a member of a mission team. It is areas and issues as liability and risk fascinating to realize that no matter of loss, and general negotiating how remote the place I have trav­ skills. This process was an intense eled to, people have heard of my period of time that involved a employer. unique state of the art process in­ One of the law school experi­ cluding proposals submitted on CD ences that I treasure most was my ROM, a paperless (all electronic) involvement with the law review. I evaluation process, and parallel honestly believe that service on the negotiations with three leading law review has not only helped me aerospace firms. Final selection of in the performance of my job, it the Lockheed Martin Skunk Works helped me obtain my job. was announced by Vice President There have been two incidents Gore on July 2, 1996. in my life that highlight the value On another note, concerning a of being on a law review-the sum­ periodof serious self examination mer before I went to law school and both agency-wide and personally, I the summer after my first year, had been working at NASA for just when I worked in a law firm in over two years when the Challenger Atlanta with over 100 attorneys accident occurred. It was humbling (Kilpatrick & Cody). I will never to realize that in the midst of all of forget walking down one of the our self-importance there are things halls of 'Kilpatrick & Codyand still far greater than any one of us, having it pointed out to me that

30 all contested for the Democratic a Signal Battalion based in the Vice-Presidential nomination. That central highlands. Needless to say, I is when I realized I wanted to be in was apprehensive that I would re­ politics and part of our great politi­ turn for ANY career. cal process. On arrival at my unit, I was So it was only natural that after informed that my orders had been my undergraduate years at UT, changed, and I was to report to the where I majored mainly in campus USARV headquarters in Bien Hoa politics and fraternity life, I entered for another assignment. Later I UT law school in the fa ll of 1964. found out that while I was flying After all, everyone knew that a law over the Pacific, national newspaper degree was a ticket to a political columnist Jack Anderson had bro­ career! Although I must admit that ken a story about a major procure­ law school briefly redirected my ment scandal with Army contractors James E. Hall, '67 thinking, later events would direct in Vietnam. General Hieser, in Chairman, me back into politics and public response to the story, had ordered National Transportation Safety service. that two out-of-branch (non-JAG) Board (Washington, D.C.) The first dramatic impact of attorneys be assigned to the Army law school was on my study habits. Procurement Agency. As he told us The first year, I was challenged by later we were to "clean up the mess." "I hope that many future my teachers-Jack Jones in prop­ My assignment as a property UT law graduates will devote erty, Forrest Lacy in contracts, and administrator over the largest Army a significantportion of their Dix Noel in torts. Martin Feerick­ contraq in Vietnam was challeng­ careers to public service, as the a friend, mentor and teacher­ ing, as well as frustrating. I was public sector is where I believe taught me how to use the law library. based in Saigon and traveled with many people will firul the (I still regret that I left law school inspection teams all over the coun­ greatest reward." without taking his legal writing try. My legal skills served me well as course.) I attempted to help oversee a con­ tract to provide engineering support Some historians record the In my third year, legal clinic and moot court stimulated me; at 105 different locations. (How­ 1950s as an uneventful decade in however, it was my seminar courses ever, thoughts about my good for­ relationship to the periods that in labor law and arbitration that tune are tempered by the sad fact preceded and followed it; however, excited me most, and I decided I that the unit I was initially assigned it was the events of that decade that wanted to pursue a legal career in to took many casualties during my influenced me as a teenager to de­ cide on the future direction of my those areas of expertise. Professor year in-country.) Holly advised me that an entry­ On return to civilian life in late life. level legal position with the Na­ 1969, I attempted to fo llow Profes­ Growing up in Knoxville, I was tional Labor Relations Board was an sor Holly's advice and applied for a impacted by the civil rights struggle v. excellent place to start. First, how­ job with the NLRB. However, as · that fo llowed Brown Board of Education and the senseless bomb­ ever, I had to fulfill my ROTC obli­ months passed without a job offer, I ing of the Clinton, Tennessee, high gation, and in the fa ll of 1967 I decided to use my time by volun­ school. I saw how the swift action of reported to Ft. Gordon, Georgia, to teering to help Senator Albert Tennessee Governor Frank Clem­ begin my service as an officer in the Gore, Sr., in his 1970 re-election U.S. Army Signal Corps. ent in sending the National Guard effort. Our senior senator was in to enforce the law of the land dis­ It turnedout that my law degree political trouble because of his op­ tinguished my state fromour border was extremely important to my position to the Vietnam War. As an states to the south and west. military service-and might even eye-witness to the futility of that I watched proudly as our U.S. have saved my life. After basic and effort, I was intent on doing any­ Senatms Estes Kefauver and Albert advanced training, I reported to Ft. thing I could to assist him. Gore, Sr., supported civil rights Meade, Maryland, where I was as­ Much to my surprise, Sen. Gore legislation against a Southern mani­ signed to a legal unit prior to being offered me a position on his Senate fe sto declared by other senators sent to Vietnam. In October 1967, staff, and this set my course for the from Southern states. Then in on a chilly fa ll morning, I left next five years. After Sen. Gore's 1956, I was glued to the television Seattle on a military charter for defeat, he helped me get a position Ed set as Clement, Kefauver, and Gore Vietnam. My orders assigned me to with Sen. Muskie as counsel to

31 the U.S. Senate Intergovernmental primary and election effort. In addi­ when Ned McWherter selected our Relations Subcommittee that tion to millions of dollars of media mutual friend, Harlan Mathews, to Muskie chaired. I also assisted in contracts to oversee, there were fi ll Al Gore's unexpired term in the Sen. Muskie's presidential effort in millions of dollars in contributions U.S. Senate. Harlan, in turn, asked 1972. It was while I was working for to properly account for and report. me to assist him in setting up his the Muskie campaign that I met my This is hard and important work; office in Washington. After com­ wife, Annie, a Pennsylvania native. for, as we have recently seen, over­ pleting this task, I accepted an offer (Annie shares my love of politics sights in these areas can cause can­ of appointment by President Clin­ and currently serves as an elected didates and campaigns great ton to a term on the National member of the Hamilton County difficulty. Transportation Safety Board School Board in our hometown of After the successful 1986 elec­ (NTSB). Chattanooga.) tion, I was honored when Gover­ Since October 1993, I have My legal skills provided a sound nor-elect McWherter asked me to served as a member of the NTSB, basis for the work I was assigned in head his transition team and then and since June of 1994, as its eighth the Senate, where legislative re­ take an important position in his chairman. It is because of my appre­ search and drafting are so impor­ new administration. From 1987 to ciation and understanding of the tant. I remember referring to my 1992 I had the privilege and plea­ importance of the excellent work notes from Professor Overton's sure of working on the Governor's accomplished by the professional constitutional law classes as I con­ immediate staff andas director of and technical staffof the NTSB tributed to speeches Sen. Muskie the Tennessee State Planning Of­ that I accepted reappointment this made on the Senate floor as he led fi ce. Working with a talented and fall to another five-yearterm. the opposition to President Nixon very dedicated staff, I was able to My law degree prepared me and his unauthorized impoundment develop the Governor's anti-drug well for my position on the NTSB. of Congressional appropriations. In program, formulate solid waste and In addition to presiding over the addition, I worked with Sen. environmental legislation, and lead board meetings and hearings, which Muskie on the reform of the budget a number of his special projects. are quasi-judicial in nature, the process that is still law today. One of my proudest moments Board members also serve as the In 1975, my wife Annie and I was in 1996 when I returned to administrative appellate body for moved to Tennessee, and I started Nashville for the dedication of the the adjudication of appeals by air­ working with my friend and frater­ Tennessee Bicentennial Mall. This men and seamen to license actions nity brother Franklin Haney as an project was my idea and was taken by regulatory authorities. in-house counsel for his real estate adopted by the Governor as the Proper oversight of the Board's $48 development company based in cornerstone of our state's bicenten­ million budget and its almost 400 Chattanooga. Ironically, the courses nial celebration. Thanks to the employees is a full-time responsibil­ I had found most difficult in law unique abilities of Finance Commis­ ity and pleasure. school-real property and securi­ sioner David Manning, Tennesse­ I have been afforded many ties-provided me with the skills ans will have a space similar to the different responsibilities in my ca­ required in my new position. In Capitol Mall in Washington, D.C., reer, and my legal education has 1980 I took a leave of absence from to celebrate our history. More im­ been of invaluable assistance to me the Haney Company to serve as the portantly, I hope visits to the Bicen­ in each endeavor. I am confident it Tennessee campaign manager for tennial Mall will inspire young will continue to serve me well. the Carter-Mondale re-election Tennesseans in the future to a ca­ On a personal note, I might add effort. reer in public service, as I was first that the UT College of Law fur­ Although that effort fell short, attracted to public service while on nished me more than an education; the campaign formed my friendship an 8th grade field trip to Nashville. it provided many friendships. The with then-Speaker of the House In 1992, I was asked by Bill most important of these was my Ned McWherter that would impact Clinton to run his presidential cam­ friendship with Tommy Keeling, my life later. It was after a brief stint paign in Tennessee. I had first met who as my friendand roommate, in private practice with my good Clinton when we worked on oppo­ was an invaluable study partner and friend Mitchell Bergerand his father site sides in the 1972 Democratic the top of our class. After a distin­ that I left to run Ned McWherter's presidential campaign. I was sur­ guished career in public service at campaign for governor in 1986. prised and pleased when lightning the U.S. Department of}ustice, All the political and legal skills struck twice, and we won Tennessee Tommy died of leukemia in 1989. I had acquired over the years were both in the primary and general I hope that many future UT law employed during a hotly contested elections. I was equally pleased graduates will devote a significant

32 portion of their careers to public that I would become an interna­ service, as the public sector is where tional trade attorney. In fact, I did I believe many people will find the not even know whether I wanted to greatest reward. be an attorney. Graduating from UT with a B.A. in political science, it only seemed logical that my next step would be law school. I did not realize it at the time, but the most important classes to me in law school were those which had to do with writing and legal interpretation. My job with Cus­ toms is dependent upon my ability to interpret complex federal laws David Spence, '90 and arguments from counsel submit­ Staff Office of Regulations and ting briefs for their client. Without Rulings, the skills I learned in law school, it U.S. Customs Service would be difficult for me to decide a (Washington, D.C.) case correctly. I cannot say that there were any classes which steered me to­ " . . . the most important classes wards a career in international trade to me in law sdwol were tlwse law, as there weren't any classes which hadto do with writing and which specifically dealt with the legal interpretation. My job with subject matter. However, with Customs is dependent upon countries and markets around the my ability to interpret complex world becoming increasingly inter­ active, it is encouraging that law federal laws andar guments from schools around the country, now counsel submitting briefs for realizing the importance of interna­ their client." tional trade in our national economy and in the lives of our I am currently a staff attorney citizens, are offering courses in in­ with the Office of Regulations and ternationaltrade law. Rulings, United States Customs When I graduated from law Service. I work in the General Clas­ school in 1990, law firms were in sification Branch, and my job is to the middle of a down-sizing move­ draft rulings determining the proper ment which seemed to begin when I rate of duty on certain goods im­ first enrolled. Hence, there were not ported into the U.S. The rulings are a number of firms hiring those of us legally binding and may only be who were not in the top 20 percent overturned by a federal court. of our class. As I did not have much In addition to duty determina­ luck interviewing, a professor friend tion, I also draftrulings on whether at UT's political science depart­ products are eligible for preferential ment talked me into entering the treatment under the North Ameri­ Ph.D. program. can Free Trade Agreement I had been enrolled in the pro­ (NAFfA). The important products gram for a semester and a half when I deal with include computers, cam­ my father-in-law, who was then the eras, televisions, heavy machinery, trade ombudsman for Customs in base metals, footwear, products of Washington, D.C., told me of an plastics, furniture, light fixtures, and opening in the Office of Regulations vehicles. and Rulings in Customs. Although I When I first enrolled at the law had absolutely no experience in the school in 1987, I never imagined

33 area of internationaltrade law, I year, and hopefully our cause will advice would be to those students was hired in 1991. continue. who are not yet sure of the path of I continued working in the Also around this time, while I the law they wish to pursue: hang in Office of Regulations and Rulings was in Washington, D.C., on term there and keep an open mind, as until August 1, 1995. Within that limits business, I met with some you can never tell where you might time, I had issued over 500 rulings friends of mine at Customs. While findyourself. involving hundreds of millions of there, I met with the assistant corn­ dollars in duty determinations. missioner in charge of the office, However, I had reached a point in and he offered me my job back. At my career where I was rather the time, I had not even thought of "burned out" working for the federal returning to the government as my government-! had a traffic-plagued, wife and I were enjoying life in three-hour commute each day Tennessee. However, Customs (even though we lived only 30 worked with me so that I commute miles away from the office); I was back and fo rth between Gatlinburg curious about working in the private and Washington, and I have some sector; and, as both my wife and I flexibility in setting my hours. Ac­ are fromTenne ssee, we were a little cepting the job with Customs has homesick. worked out very well in that I have In August 1995 , we moved to more responsibility, and I am able Gatlinburg, Tennessee, where I set to get more experience in the trade up a small private practice with one law area. of my fe llow classmates. During the I would highly recommend period of our practice, we performed working with the federal govern­ real estate closings, wrote wills, etc., ment out of law school. The hours and I consulted for a large corpora­ are uniform, the pay is nice, and the tion which manufactures auto parts environment exists where you are and aluminum articles located in able to learn the law without the Nashville. During my consulting pressure of producing immediately. period, I helped the corporation The only frustrationI have had determine the classification of their is the lack of vertical movement imports under relevant federal stat­ within the government structure. utes so they properly paid the duties The first couple of years, promotion assessed on those imports. While is frequent through grades until a we were operating the firm, I also certain point is reached where it was campaign manager for Al seems to slow down quite bit. How­ Schrnutzer's unsuccessful run for ever, I guess this occurs in just Jimmy Quillen's seat in Congress. about every work situation. We wound down our private I would suggest that any student practice in November 1996, but I interested in a legal career with continued my trade consulting until U.S. Customs take as many courses April 1997. I began to realize that as possible concerning international forming my own trade consulting trade/business and the government. practice in Tennessee would require Administrative law is a course that I a bunch of money and a whole lot now regret not taking. If courses do of time. About this time, I was ap­ not exist, I would suggest reading proached about helping to run a books and articles on the subject. non-profit corporation concerned Also, pay attention to those first with the creation of term limits for year writing and interpretation federal judges. I accepting that offer courses; they are mandatory for a and began in earnestfo rming the very good reason. organization. Although such an I would be happy to talk with issue is highly controversial, espe­ anyone interested in a job with the cially in the legal ranks, we have government, especially in the inter­ received much support in the last national trade sector. My final

34 attorney advisor. And while I still gained as a paralegal for the U.S. handle cases which deal with pigs Attorney fo r the Eastern District of and chickens (this is, after all, the Tennessee has proven to be invalu­ Department of Agriculture ), I am, able. Working full time one summer in fact, a member of an interna­ and part time during my second tional law firm of over 350 attar- year, it was my great fortune to have . neys, paralegals and staffpersonnel as a boss (then-Assistant United with its headquarters in Washing­ States Attorney in charge of the ton, D.C. Chattanooga office, now fe deral It is a law firm whose practice District Court Judge) the Honor­ encompasses every aspect of admin­ able Curtis Collier. Judge Collier istrative, civil and criminal law, made sure that I had a wide range of from torts and contracts to intellec­ legal experiences and assignments: tual property and natural resources. from bankruptcy court to plea nego­ James D. Holt, '90 It is also a law firm in which resides tiations, and from assisting in the Attorney Advisor, the nation's legal experts concern­ prosecution of a drug dealer to as­ Regulatory Division, Office of ing the administration of statutes sisting in the writing of a brief for General Counsel, U.S. authorizing programs as varied as the Sixth Circuit Court of Appeals. Department of Agriculture the development of rural electric I also count myself as being (Washington, D.C.) and telephone cooperatives, the very lucky to have worked during school lunch program, international that time with AUSA Steve Cook commodity programs, and domestic and AUSA John McCoon, both ". . . the thing that is most marketing programs. And it is a law very gifted attorneys. While satisfy ing about being anattorney firm whose sole purpose is that of clerking at a private law firm may for USDA is my sense that I am, public service. be more prestigious and financially in fac t, performing a public I am a litigator who provides rewarding, for any law student in­ service . When I win, I have not legal services to clients with widely­ terested in litigation, it can in no just earned my salary, but I have varying missions. For example, the way equal the breadth of opportuni­ helped stop the distribution of Animal and Plant Health Inspec­ ties and depth of practical experi­ tion Service protects American ence offered by working for a meat adulterated by rats ; or agriculture from the introduction United States attorney. My advice I have helped to prevent the and spread of animal and plant pests to any law student interested in spread of Kamal bunt, which and diseases; controls wildlife dam­ litigation would be, if you have to, could destroy the international age; enhances the humane care of work there fo r free. market for American wheat; or I animals used in research, exhibition, Equally important to me was have helped to prevent the theft of and the wholesale pet trade; and the mentoring I received from Pro­ pets for use in medical research. " ensures the safety of genetically fe ssor Jerry Black in the University engineered plants and other prod­ of Tennessee College of Law's Legal ucts of agricultural biotechnology. Clinic, and his guidance while I was On September 4, 1990, my first The Food Safety Inspection Service, a member of the National Trial day as a staff attorney in the Regula­ on the other hand, protects con­ Tearn. In litigation, nothing beats tory Division of the United States sumers by ensuring that meat, poul­ experience, unless it is good advice Department of Agriculture's Office of General Counsel, I was assigned try and egg products are safe , from a wise and experienced practi­ wholesome, and accurately labeled. tioner when you stumble. six investigative files which con­ For both of these clients I pros­ As in General Sessions Court tained allegations concerning cows, ecute administrative cases of regula­ and moot court competitions, ad­ live orchids, hogs, cut flowers, quar­ antined birds, and citrus canker­ tory violations, defend against civil ministrative litigation, usually con­ suits, assist in the development of ducted far from home and staff not exactly the stuffof Perry Mason. support, requires an attorney to be When law school friends asked what federal policy and regulations, and flexible and resourceful. And, al­ type of law I was doing at USDA, I support the Department of Justice would reply "pigs and chickens." in the prosecution of criminal viola­ though I may not have reflected it They laughed. I hoped things would tions of the acts administered by the on my final tests, the excellent Secretary. get better. And they did. training I received in evidence from I am still a member of the As a litigator for the fe deral Professor Neil Cohen, in criminal Regulatory Division, now as an government, the experience I procedure from Professor Joseph

35 Cook, and in civil procedure from ends and evenings free to spend Deans Lawrence Dessem and John with my family more than an in­ Sobieski, is the type of training that creased salary. is crucial for anyone hoping to prac­ But the thing that is most satis­ tice real law, that is litigation. fyingabout being an attorneyfor Attorneys who workfor the USDA is my sense that I am, in federal government need to be good fact, performing a public service. at looking after themselves. I repre­ When I win, I have not just earned sented the Department, alone, at an my salary, but I have helped stop administrative hearing (the cow the distribution of meat adulterated case) in Shreveport, Louisiana, less by rats; or I have helped to prevent than six months from the day I the spread of Kamal bunt, which started at USDA. could destroy the international While the use of paralegals market for American wheat; or I continues to increase in the federal have helped to prevent the theft of Nancy L. Carnes, '81 government, the ability to type and pets for use in medical research. Assistant Chief Counsel for use a personal computer remains Absent being a special prosecutor or Environment, critical. Lawrence Dessem (former the attorney general, government U.S. Department of Energy attorneyfor the U.S. Marshall Ser­ service as an attorney is not glamor­ (Oak Ridge, Tennessee) vice, former UT law professor and ous and not for everyone. But it is current Dean of the Walter F. challenging, it is important, and it George School of Law, Mercer Uni­ does have its own rewards. "Some people think that a versity) always smiles when he tells technical background is necessary of the dismayed attorney who in order to be an environmental learnedtoo late that he had to do attorney. I disagree . his own photocopying after moving Environmental law is like any to the Department of Justice from a other speciality within the law : private law firm. if you understand how to This job also provides the op­ analyze the issue you can learn portunity for travel, which I person­ ally enjoy. I have represented the the statutory and regulatory Department in administrative hear­ framework." ings from Honolulu, Hawaii, to Miami, Florida, to Reno, Nevada My own career path has been a {all good), but also in Sioux Falls, meandering one, with unexpected South Dakota, in February-twice twists and the occasional dead end. (too cold for a Tennessee boy). This But when I look back on it, each job has also afforded me the oppor­ experience has had its share of ben­ tunity to become a member of the efits and drawbacks, and I would faculty of the Graduate School, not trade it for a straighter, more USDA, a nation-wide continuing narrow course. education school offering more than I loved law school, and I was 1,500 different career-related courses not particularly anxious to join the annually. I teach classes in legal "real world." Where else can you writing, business law, litigation and spend your time challenging your the Freedom of Information Act. intellect without regard to billing While an attorney will never codes and time sheets? I was very get rich working for the United fortunate to have participated in States, the pay is decent, the ben­ the Advocates' Prize competition efits good, and thehours tend to be and made it to the finals where my stable at 40 per week. (Although I partner Kate Ambrose and I got to have worked 51 hours from Friday argue in front of William Rehnquist. through Sunday getting ready for a (Undoubtedly my one and only preliminary injunction hearing.) I experience in front of a member of personally value having most week- the U.S. Supreme Court.)

36 My third year was taken up work. He responded that he actually stereotypes-the government law­ with the national moot court team had one hanging around the house, yer-! think I have found a niche and law review, two other experi­ which is how I started with Science for myself which is both intellectu­ ences completely unlike anything Applications International Corpo­ ally challenging and avoids the else I have attempted since. I have ration (SAl C) in Oak Ridge. business aspects of private practice very fo nd memories of the moot While at SAIC, I embarked which I frankly detest. I have found court team practice rounds, with upon a whole new path-environ­ my colleagues here to be the bright­ Professors Cook and Sobieski put­ mental law. At my husband's urg­ est group of lawyers I have ever ting us through our paces. I like to ing, I had taken environmental law worked with. We come from dispar­ think that what I took from that in law school and had handled some ate backgrounds, and there is no experience was not just the ability environmental work while in pri­ one common thread running to think quickly on my fe et, but vate practice. My husband had through them that prepared us for more importantly, the knowledge always told me that he thought this this work. that while sometimes you won't would be a good practice area, and Some people think that a tech­ "win," if you can savor the experi­ fi nally I listened. nical background is necessary in ence and learn from it, you can't After four years with SAIC, I order to be an environmental attor­ really "lose." had the opportunity to combine my ney. I disagree and often tell people After graduating in 1981, I was interests in environmental law with that I have a technical degree-in completely spoiled by falling into a more mainstream legal career by English literature. Environmental the best job ever. I clerked for Judge taking a position in the legal office law is like any other speciality Joe Duncan of the Tennessee Court of the Department of Energy in Oak within the law: ifyou understand of Criminal Appeals. Judge Duncan Ridge. Those who know me will be how to analyze the issue you can encouraged me to disagree, some­ amused to know that I was hired learn the statutory and regulatory thing I needed little encouragement despite concerns that I was "too framework. to do anyway, and my three years of quiet and demure"--or as my new My advice to law students is to clerking were really a three-year boss put it, "we thought we were open yourselves up to the variety of tutorial in which I was privileged to getting a school marm, but we got opportunities available in law observe the appellate system at Attila the Hun." school. The danger of focusing too work. When I left to try my hand at I have been with DOE seven much on a particular area of the law private practice, Judge Duncan told and one-half years now, which is is that you never know which me that I would never have another almost twice as long as I have been courses will prove the most helpful job that I enjoyed more. He said it anywhere else. I am the leader of a later on, and you will probably half-jokingly, but he was right. small group of attorneys who spe­ never have another chance to enjoy I discovered after about a year cialize in environmental, safety and courses on law and ethics or law and that the private practice of law health law within an office of about literature. You certainly will never really was not something that I 15 attorneys. We provide legal ad­ have another comparable opportu­ enjoyed, particularly with a toddler vice on environmental, safety and nity to stretch your analytical skills at home. So I quit. No other job health issues to the Oak Ridge Op­ or engage in debate. The harsh lined up, nothing. This was the erations office, which has responsi­ reality is that no academic experi­ scariest, and possibly best, decision bilities for sites in Missouri, ence can really imitate those first of my life. I was lucky enough to Kentucky, Ohio, and Virginia, as few years out of law school when have a supportive husband who was well as small cleanup sites all over you realize that what you know willing to let me take the time to the country in addition to the three about the practical details of the take anther look at my career. Oak Ridge fac ilities. practice of law is dwarfed by what Sometimes career planning is I find myself negotiating agree­ you don't know. really just being in the right place at ments with complex legal and tech­ Enjoy these three years. They the right time-or put more bluntly, nical issues which involve tens of are very special. just plain dumb luck. A few weeks millions of dollars and require the after I quit my job, my husband was balancing of environmental protec­ sitting in his office one day at Oak tion interests with the realities of Ridge National Lab when an ac­ dwindling federal resources. It is quaintance with an Oak Ridge extremely challenging and satisfying consulting firm happened to ask him work. if he knew of any attorneys who So despite the fact that I am might be interested in part-time now that most maligned of course of my life that I am an attor­ longer was it so unusual for women ney fo r the United States Trustee, to pursue careers in the law. Look­ Judicial Staff which is part of the Department of ing back, I was certainly fortunate Justice. It is an honor to serve my to have been in this unique situa­ government in this capacity, and it tion to begin my journey into the is my greatest desire to provide the legal profession, especially the close best service to the public that I can. proximity to the University of Ten­ In 1969, I moved with my hus­ nessee. Moreover, life had in subtle band, Steve, to Fort Worth, Texas. ways prepared me for government He was enrolled in the seminary service. there, and I was freshout of college I love my work. The agency for with a degree in music education. which I work is very small and un­ Not having a lot of job skills to derstaffed even though we deal with promote myself, I went to Snelling a huge case load. Bankruptcy filings and Snelling to seek employment. I in Tennessee are the nation's high­ must admit, they were not very est per capita. It means the work is encouraging until I made a perfect never caught up, and there is not score on the test they were adminis­ time to play the infamous computer tering to job applicants. games that were loaded into our Though I could not type, take new computers. It also requires shorthand, or even make coffee attorneys and other personnel to be Patricia C. Foster, '87 when I was 21 years old, I landed a flexible and ready to lend a hand Bankruptcy Attorney, job as a receptionist in a very old where it is needed in the office. The Office of the U.S. Trustee and fine law firm. (If I were to be skills I gained in Texas as a recep­ (Knoxville, Tennessee) asked what part of the law I have tionist and paralegal have made my found to be the most difficultand life easier and serve as a constant

frustrating it would definitely be reminder that every job is important · "As a government attorney, I that of receptionist. I have often in a law office. have the opportunity to use my wondered if I was promoted or de­ As a governmentattorney, I skills as a Utigator, negotiator, moted to paralegal after a month at have the opportunity to use my counselor, investigator, the frontdesk. But one thing fo r skills as a litigator, negotiator, coun­ administrator, supervisor, typist, certain, it gave me a real and lasting selor, investigator, administrator, receptionist, and any number of appreciation for those individuals supervisor, typist, receptionist, and who provide clerical and adminis­ any number of other things. I enjoy other things . Most of all, I like trative assistance in law offices.) it all. Most of all, I like helping helping people out when they My very first job after college people out when they are faced with are fac ed with some of life 's most also planted a seed in my mind that some of life's most difficult prob­ difficult problems . " some time down the road I would lems. Whether a debtor or a credi­ go back to school and get a law tor, individuals who find themselves "I'm fromthe government, and degree. I was hooked. But it was a in bankruptcy are often fe arful of I'm here to help." That is a familiar dream I kept to myself. In 1969, not the process. There is much that we statement guaranteed to draw one many women were practicing law. can do as attorneys to provide assur­ of two responses: a laugh or a gri­ Though the women's liberation ances or at least explanations of this mace. As a government attorneyfor movement was underway, Patti's process to make sense of the system. the past ten years, I have endured liberation movement was well­ This job is multi-faceted and many lawyer jokes and government established and the only issue to me has a broad spectrum. For instance, employee remarks that have not was "when" not "if." we try to keep everyone honest: the always been flattering but are usu­ During the next 13 years I debtors, the creditors, the trustees, ally amusing, even to me. But the taught school, became a mother of the attorneys, and the other profes­ perception of attorneys and govern­ two, and learned to deal with sionals. And then we endeavor to ment employees by the public is a people. In 1981, I moved with my insure that the best interest of all serious issue, and one which I hope fa mily to Rockwood, Tennessee. It creditors is served, which often to change. was there that I had my first oppor­ means objecting to the actions of a I am very proud to tell people I tunity to enroll in law school. Luck­ debtor or a creditor, or both. We are come into contact with during the ily, times had changed and no also here to respond to the public

38 about the administration of cases familiar in today's society. When he and any number of other questions left my office, he put out his hand which come our way concerning to me and said "thank you." Military bankruptcy. Every time I think I have heard it all, something new comes along. There is never a dull moment and never a day that goes by that I do not learnsomething new about the law or human nature. The practice of law is .like jug­ gling 10 balls at once. It is also true that there is often the requirement for sacrifice of time and resources to keep the balls in the air, so to speak. Though some may question this, it is the same for the government attorney. Hard work and long hours do not equate to more money for those of us on the governmentpay­ roll. So what is it that motivates us? The answer to that is certainly not Lt. Colonel Wayne E. easily put into words. But there Dillingham, '83 were three particular professors at Deputy StaffJudge Advocate, the law school who set wonderful Special Operations Command, examples for me. U.S. Air Force Jag Corps Bob Lloyd introduced me to the (Tampa, Florida) subject of bankruptcy and secured transactions and made it interest­ ing. Some may think that would be "To the law student who may ... an impossible task, but Professor find this type of Lloyd was so knowledgeable of the miUtary practice appealing, subject matter and capable as a I offer my most sincere teacher that he sparked an interest encouragement. If you truly and understanding that has contin­ ued for all these years. Professors believe in service before self and Anderson and Black inspired me in you are willing to make the different ways. The most valuable necessary commitment, you may experience I had in law school was very well find your niche , too." criminal clinic. It was this experi­ ence that taught me to juggle the I'm a JAG-in my case, a judge balls. I was asked to work during the advocatewithin the Judge Advo­ summer months to finish up the cate General's Depanment of the cases staned during the spring U.S. Air Force. Don't confuse me semester. I lost count of all the (as if there were a risk!) with the appearances I made in court during star of the television show "JAG." those months. It was tough, but it We both practice law as active-duty was a great experience. These two military officers, but that's where the professors gave me a strong belief in similarity ends. He's a Navy JAG, justice for all. substantially younger, and a lot I love being an attorney. It is better looking. More imponantly, the best way I know to serve the his role is highly fictionalized and people. Today I was again rewarded glamorized; mine is the serious­ for doing this job. A gentleman and rarely glamorous-real-life came by to ask a question about business of national security. bankruptcy. His story was all too

39 I didn't attend the College of world travels over a Houston sky­ among other things, ensuring they Law to become a judge advocate. scraper. So, I started talking to JAG are trained and ready to perform Prior to law school, I served in the recruiters. these special operations. He has U.S. Marine Corps as a bombardier/ I was impressed with what I awesome statutory authority ( 10 navigator in the A-6 Intruder. I was learnedabout Air Force judge advo­ U.S.C. 167) with which to do so. proud of my service to my country, cates, and I was proud that my ap­ That legislation serves as the basis but I thought I was ready to return plication was accepted. I have for much of my daily work on his to my home state of Tennessee, absolutely no regrets; I've found my behalf. Yet, not all of my work is at study law, pass the bar, and live the niche. my desk. simple life of a country lawyer. It The Air Force provided me As with any in-house counsel, just didn't tum out that way. with every challenge and every it is important to know the client's I had left behind a promising opportunity I'd wanted. In Louisi­ business and to earn the client's career as a Marine officer. Now, at ana, I prosecuted criminals in trust and respect. In this job, the age 27, I was entering law school courts-martial for two years. In judge advocate should also be ready with a wife, a 20-month-old daugh­ Colorado, I taught undergraduate to deploy with the client-by what­ ter, and just enough money to get law courses at the Air Force Acad­ ever means necessary-should the by. I was determined not to fail. So, emy for four years. In England, I need arise. As a result, I serve on I studied religiously. I read every served for two years as the staff hazardous duty orders in a parachute assignment; I briefed every case; I judge advocate at a small installa­ position. What a fantastic job! I even carried a tape recorder to each tion performing a classified mission. jump with the command as often as class so that I could review those In Italy, I served fo r two years as the possible, usually once or twice each discussions where I'd simply missed staffju dge advocate at an installa­ month. Better yet, in 1996, the the boat. And it worked! tion launching fighters around the command sent me to the Army I realize some may view it as a clock in support ofNATO opera­ Infantry School's Jumpmaster novel concept, but hard work gen­ tions in the former Yugoslavia. Course, so I'm now able to serve in erally does produce good grades. Now, back in the States, I am the that capacity as well. Entering my second year, I was deputy staff judge advocate for the As an Air Force judge advo­ happy to have a respectable class commander in chief of the U.S. cate, I've found job satisfaction standing as we began interviewing Special Operations Command. beyond compare. Yes, I work long for summer clerkships. For some The job offer of a commander's hours with deadlines and head­ reason, I seemed to do well withthe staffjudge advocate at any installa­ aches, not unlike civilian practitio­ Texas firms. Three offered me tion or any command is analogous ners, although the financial rewards clerkships, two of which I accepted. to that of an in-house counsel. are generally not as substantial as One resulted in the offer of an Commanders are confrontedwith theirs. Yet I earn a comfortable associate's position. So, rather than an endless variety of issues, most of salary, and I have the pleasure of living the simple life of a country which have legal ramifications. knowing that what talent I may lawyer, I found myself in a sky­ They need ready access to counsel have is being spent in service to my scraper in downtown Houston prac­ to assist them in navigating these country. In that context, the occa­ ticing as one of 370 attorneys with legal minefields. The U.S. Special sional frustrations shrink in Fulbright & Jaworski. Operations Command is no differ­ significance. What a wonderful experience! ent in that regard. What makes it To the law student who may Despite the size, Fulbright & unique are the forces we attorneys share these values and find this type Jaworski was extremely people­ serve. of military practice appealing, I oriented, and they devoted tremen­ The U.S. Special Operations offer my most sincere encourage­ dous resources to the training of Command is comprised of the ment. It's certainly not for every­ new associates. I primarily practiced nation's most elite special opera­ one. However, if you truly believe aviation litigation in the context of tions forces-for example, the in service before self and you are insurance defense. The work was Navy's SEALs, and the Army's willing to make the necessary com­ challenging, and the salary was Rangers and Green Berets, among mitment, you may very well find good. However, by the end of two many others. These warrior-diplo­ your niche, too. In the meantime, I years, I had determined the lifestyle mats conduct missions that are truly encourage you to make the same really wasn't for me. I preferred among the most daring and chal­ commitment as Abraham Lincoln public service over billable hours, lenging imaginable. The fo ur-star when he said, "I will study and get the camaraderie of fe llow service general who is their commander in ready, and perhaps my chance will members over a country club, and chief-my boss-is charged with, come."

40 State Government made (I don't know by whom) that family discussion. It came down to we would not have an actual gradu­ this: if I was a criminal defense Administrative ation, but a luncheon. A photogra· attorney, I might wind up defending Agencies pher was on hand to snap a quick the guilty and if I was a prosecutor, I photo and my law school career was might wind up accusing the inno­ over. cent. I liked neither prospect. Then came the task of finding Next came the idea of working employment. Not being fromTen· for clients who had more money nessee and unsure of whether or not than I probably ever would and I wanted to remain in Tennessee, I although there is no doubt in my mulled this over as I studied for the mind that the wealthy also need Tennessee bar exam. If I passed the legal counsel, I knew they did not bar exam in Tennessee, that would need me. I have always liked work­ be my "sign" to stay and if not, back ing, and hard work never bothered to Georgia I would go-needI say me, but there was always a catch to more? Aftertaking the bar review me working-! really had to like course and studying the rest of the what I was doing in order to do it day and most of the night, I was to well, and I wouldn't like it if I learnthat Tennessee was not to didn't really know that I was help­ become my home any longer. ing to make someone's life better by I waited until the rest of "my protecting those things most needed class" graduated in the spring, and by them and making sure that they Natalie K. Thomas, '85 Legal Advisor, in May of 1986, two of my col­ were treated fairly. Division of Aging Services, leagues and I moved to Atlanta. My I usually tell people that for me Georgia Department of Human first job was not cdmpletely in the law school was a matter of being Resources (Atlanta, Georgia) legal field because I had yet to sit introduced to the concepts of the for the Georgia bar, which I faced substantive areas and being taught with a healthy amount of trepida­ where to find the answers to the "Now, I may be in a different tion due to what I had heard was a legal questions as they arose. I kind of minority, the kind that low passage percentage rate at the learnedthose basics from Professors thinks that the elderly are a time. Cohen, Mutter, Cochran, Lloyd, valuable part of our society, I began working with a real Jones, Gray, King, Sobieski, Wirtz estate title company full-time,and (now Dean Wirtz), Phillips and should not be set aside or thrown studied for the February 1987, others. My law school class experi­ away and should be treated fairly Georgia bar. I decided not to take a ence neither instilled in me, as I and with respect. I hope someone bar review course again since it understand it does in others, a love reading this would like to join me obviously had not helped with the for the law nor prepared me for the in this 'new minority. "' Tennessee exam. I worked all day actual practice of law. I learned and studied from the time I got these practical applications from As I sit in my office here at the home until about midnight every Gary Anderson and Nicole Russler Division, fuming over a graphic that night. I passed the exam on the first in trial advocacy and in the Legal will not size correctly as I try to try, left the title company and went Clinic. finish editing Georgia's first Uni· to Georgia Legal Services. I also gained insight as a mem· form Adult Abuse Prevention and This stop in my career path was ber of the trial team. All the weeks Reporting Guide, I still have not accidental, incidental or un­ that I practiced with UT's trial trouble deciding exactly in what planned. Unlike many people who advocacy team for the competition, class I actually graduated. Had I not go to law school to make lots of I embraced the concept of teamwork graduated a semester early, I would money, I went for the old-fashioned and the mechanics of "being a trial have been with the class with reason-help those who might not lawyer," which I use daily. In hind­ which I entered and graduated in be able to help themselves without sight, I unfortunately never made it May of 1986. me. When I first decided to go to to the actual competition. I discov· As it was, I went straight law school, I "knew" I wanted to ered the hard way not to be the through without breaks for the practice criminal law. Coming from only nonsmoking member of a summers and finished in December a family where my father is a Baptist group in an enclosed space for long 1985. As I recall, the decision was minister, this gave rise to much periods of time. Due to the smoke

42 from those aroundme, I developed federal tax form in your favor, like get together once a year to remind a severe case of vocalchord inflam­ to prove paternity in order to allow ourselves that "we are not alone." mation which deprived me of a a child to reap Social Security When I think of what I could voice for eight weeks. I could not survivor's benefits. be doing now, I can't think of any­ contribute to the team at that point After a while though, I started thing better. My telephone rings, and was not invited to accompany to feel like I could only put on so and one of my programs wants my them to the competition. Aside many band-aids, and I started to help with strategy to keep a client from the '.'aluable trial and team fade. Then a little light shone, and I frombeing discharged froma nurs­ preparation experience, I retain two found my niche-working with the ing home that has been home for other souvenirs: the knowledge that elderly. The last three of my almost the past 13 years, or wants to know it is easy fo r others to set aside seven years at Legal Services, I was how to get a client's home back that someone they believe no longer has allowed to design an elderly legal a greedy child took when she de­ value and unfortunately the damage services program, funded by Title cided it was okay to slip a warranty to the vocal chords still debilitates III-B of the Older Americans Act. deed into the stack of papers that me sometimes at the most inoppor­ I learned all about Medic�re, Mom was signing. Sometimes a tune times. Medicaid, nursing home law, per­ senior will call me after she's talked I also remember learning at law sonal care homes, health care, age to 10 other people frustrated that school the effects of standing up for discrimination, elder abuse, neglect no one had time to listen to her what you know is right. It can be a and exploitation, and the Ameri­ problem because she has no money rude awakening and yield a cold cans with Disabilities Act, while and the story is toocomplicated. environment. That should never still being able to practice in the That is when I have a goodday, stop anyone, however, from always, other substantive areas such as because I'm doing what I have always, always doing what you know housing and consumer law. When I grown to absolutely love, and I feel is right. went to senior centers and nutrition good about it. So you see, I learnedmuch in centers to talk with clients, I knew I This profession needs every law school, some academic and had found my place in the "law." I type of lawyer that it currently has, more not; but if I prioritize, most had found a sector of clients who including me. The area of elder law importantly I learned that we must appreciated nearly everything I did is beginning to grow. Private attor­ treat everyone fairly and remember for them, regardless of how small. neys are finding that for the wealthy to include them as a valuable mem­ They mostly appreciated being elderly, there is good money in this ber of the community, whatever treated with respect and like they area. Regardless of the amount of community that may be. were still valuable members of society. income or assets, many of the eld­ The interesting thing about After three years, I accepted a erly tend to be vulnerable to the life's lessons is they are usually not position as the state's legal services same kinds of dangers from unscru­ pleasurable when you're experienc­ developer,managing all of the state's pulous strangers, family members, ing them, but they make a lasting elderly legal services programs and care givers and "friends." impression. I would have to say that developing the best legal services Being a minority has never this applies to most of what I available for the seniors of Georgia. bothered or frightenedme. Now, I learnedin law school as well. While not the attorneyfor the divi­ may be in a different kind of minor­ Armed with the desire to apply sion (the AttorneyGeneral's office ity, the kind that thinks that the my lessons learned, I tackled the handles that) I serve as legal advisor elderly are a valuable part of our cases at the Piedmont Office of for the state Long-Term Care Om­ socjety, should not be set aside or Georgia Legal Services for about budsman Program and provide legal thrown away and should be treated seven years. At Legal Services you technical assistance to a number of fairly and with respect. I hope some­ sometimes take care of the immedi­ other programs within our office. I one reading this would like to join ate crisis, but the bigger problem still am the focal point in the state for me in this "new minority." exists. I got good litigation experi­ prevention of elder abuse education, Did I enjoy my law school ex­ ence there, appearing in every court and I conduct training and make perience? Not all of it. Knowing level, state and federal. Although presentations all over the state, in­ what I know, would I go to law frustrating at times, every now and cluding law school classes and other school again? Yes. Repeat my expe­ then I had a case like Jonesv. college and university programs. riences at UT? Yes. Continue the Sullivan that allowed me to go all the I've been here for almost four same career path that I am on? way to the Eleventh Circuit Court years, and there is only one person Absolutely. of Appeals to set precedent that you in my position in every state. We really can use that attestation on a

43 ties. And I have defended a class also began full-time youth work at a action challenge to mental health Jesuit retreat center here. The fo ur services in Ohio's prisons. In that years I spent in the convent and at historic effort, plaintiffs' and defen­ the retreat center afforded me in­ dants' lawyers worked together to valuable growth. I lived with refu­ put state money into improving the gees on the Texas-Mexico border, services instead of into litigation played the guitar in a soup kitchen, and attorneys' fe es. and led teenagers through ropes On the lighter side, I have also courses. I also learned to listen more defended a prison's right to put fully, fa cilitate groups, work on a turkey in turkey dressing, to deny team, line-dance to rap music, and Big Butt Magazine to a sex offender, experience the connection of body, and to prevent prisoners from mind and spirit. mail-ordering "Zen mind control Upon leaving the convent and Mary Anne Reese, '80 machines." the retreat center, I opted again for Assistant AttorneyGeneral, Since law school, I have held public service law. As a county Office of the Ohio Attorney several other legal and nonlegal attorney here in Cincinnati, I liti­ General (Cincinnati, Ohio) positions. I began my career as an gated child abuse and neglect cases. Editor's note: Just prior to pub­ assistant U.S. attorneyfor the east­ Again, the medical and mental lication, Ms. Reese was appointed erndistrict of Tennessee in Knox­ health components of my practice an assistant U.S. Attorney for the ville. There I tried jury cases in and the opportunity to help chil­ Southern District of Ohio. areas such as counterfeiting and dren in crisis enthused me the most. bank embezzlement, and argued From there, I came to my present appeals in the Sixth Circuit. I ad­ position with the state. "Law school nurtured the vised FBI agents and park rangers While in law school, I learned youthful idealism that continues alike. One memorable experience the most from professors and fe llow to guide my career and life was bringing exhibits in the fonn of students with a vision of serving choices. In your career choices decomposing bear hides before a others. Dean Wirtz described the and other choices , fo llow where jury in the August sun. My first march on Washington at which Dr. your enthusiasm leads you­ attorney job taught me the impor­ King sounded the refrain "I have a even if it seems off- beat." tance of putting a human face on dream;" Professor Hardin recounted the governmentand of using gov­ first-hand experience with the Na­ Although my career has taken ernmentpower to do good. tional Labor Relations Board; Dean many turns, the essential road has After several years as an assis­ Kirby told of his service to various remained the same: service of the tant U.S. attorney, I took the op­ Senate committees. I took as many community and work for a better portunity to specialize in health law courses as I could from all three. world. Public service and nonprofit by initiating the legal department of And GrayfredGray, Jerry Black and organizations are the places I have St. Mary's Medical Center in Knox­ Jerry Becker talked a lot about pov­ focused these efforts. ville. (I had planned to become a erty law practice. Law school nur­ For the past five years, I have doctor until I met my first chemistry tured the youthful idealism that served as an assistant attorney gen­ class!) At St. Mary's, I learned the continues to guide my career and eral fo r Ohio, based in Cincinnati. inner workings of a large hospital, life choices. Here I have represented two differ­ practical skills such as reading pa­ The practice of law in public ent clients: the state health depart­ tient records and pathways through service is certainly different from ment and the state prison system. the morass of regulations affecting law school. In most government My practice here is medical and medical providers. I also faced ques­ offices, we are challenged to do civil rights litigation. tions for which law school did not more with less. Instead of four On the serious side, I have prepare me, such as a patient's re­ courses, I usually juggle 50 to 100 litigated to limit the boom in high­ quest to take his amputated leg cases. Instead of a fe w final exams at tech health services, such as open home with him. the end of the semester, I must meet heart surgery and bone marrow In 1985, I decided to give my deadlines constantly throughout the transplant because Ohio is already attention to passions other than law. life of each case. (Ofcour se, courts saturated with them. I have also I entered the religious order that are more amenable than professors worked to shut down substandard runs St. Mary's Medical Center­ to extensions.) nursing homes and adult care facili- the Sisters of Mercy in Cincinnati. I

44 A high volume of cases does constituents, etc. In your career not allow the luxury of time to choices and other choices, fo llow savor a Supreme Court justice's where your enthusiasm leads you­ opinion, nor to write a brief six or even if it seems off-beat. Finally, seven times as on law review. While remember to nurture your creative, the discipline, thoroughness and physical, emotional, and spiritual stamina for all-nighters that I devel­ lives as well. Whole people make oped in law school have served me better lawyers. well, in public practice I must often be satisfied with efforts that are "good enough." The rewards of public service law are many. When a cabinet-level official is my client, I can advise her of the best ways to meet legal re­ Christy A. Allen, '93 quirements and at the same time Staff Attorney, serve the public well. Being a Tennessee Department of change agent and speaking truth to Commerce and Insurance power are gratifying. Also, few other (Nashville, Tennessee) careers would permit me to spend so much of my work life doing what I "While whatI learned in the love most-writing. The practice of public service law is closer to "pure general practice of law was law" than other practices that em­ applicable to an administrative phasize business, billable hours and age ncy and much of it was rainmaking. This environment transferrable , I found myself attracts attorneys with whom I like immersed in an area of law which to work. was growing by leaps and bounds There are two great frustrations and by which I, too, would grow of my work. The first is that, as a with each new challenge." litigator, I must maintain a tough hide. The practice of law has con­ tinued to lose civility and a sense of As I graduated from law school in fa ir play; in our office, we often 1993 , I was anxious and con­ remind one another to "take the cerned. Although I had accepted a high road" anyway. The second position as an associate in a small, frustration is bureaucracy, which general practice law firm in my forces me to cut through red tape hometown of Ashland, Kentucky, and demand action. I once walked the two summers during which I Medicare-certification papers had served as a clerk in that firm through government offices in gave me pause. Could I make it in a Knoxville, Nashville and Atlanta fast-paced, general litigation firm? all in one day to salvage the pur­ Would my practice really be com­ chase of a hospital. prised mostly of criminal defense If you are interested in a public trials, divorce proceedings, personal service career, take advantage of all injury actions, and Social Security that law school offers. Listen to the disability claims? speakers that the university brings Within one year of my accept­ to campus, even if you do not agree ing that position and after finding with them. Choose classes that the general practice of law quite incite your passion. Read the news­ unlike the academic and philo­ paper; pay attention to the needs of sophical endeavors presented to me the time. Learn the stories of people in both undergraduate and law different from yourself, for all types school, I had nearly decided to will be your clients, jurors, leave the practice of law and go into

45 a field-any field-where I would and that my duties would be varied, By the same token, every time a be required to use my intellect and to say the least. board takes disciplinary action mediation and communication As a staff attorney, I would be against a licensee, whether it in­ skills, fi nely honed over the years, called upon to advise each board, volves the revocation of a license or where my work would have an im­ comprised of members of the profes­ an invitation fo r a licensee to have pact and make a positive difference sion the particular board licenses, an informal "chat" with a board, it in the lives of the people I touched. during each monthly board meet­ is the staffattorney who has con­ My future in public service ing. This would include everything ducted the investigation, compiled began at the exact moment I con­ from spur-of-the-moment advice on the facts, closely analyzed the case, sidered leaving the practice of law. application issues, the Open Meet­ and presented it to the board fo r its While searching for jobs in Tennes­ ings and Public Records Acts, disci­ decision. see (no mean fe at while stationed in plinary grounds and legislative Much to my surprise, I fo und Eastern Kentucky), without finding rule-making issues, to advising the that litigation would be a substan­ what I felt would be an appropriate assistant commissioner for the divi­ tial part of my work as a govern­ match, I happened to pick up the sion on the routine business of the ment attorney. I serve as the state's telephone and called UT Law Ca­ Department. prosecutor in disciplinary cases reer Services' job "hotline," the While what I learnedin the before the boards I work with, and repository fo r updated advertise­ general practice of law was appli­ as such, I often find myself con­ ments for employment opportuni­ cable to an administrative agency fronted with the skills of many more ties not listed in the previous and much of it was transferrable, I senior, experienced and well-known month's issues of their newsletter fo und myself immersed in an area of attorneys who defend their profes­ "Job Briefs." I was greeted with a law which was growing by leaps and sional licensee clients before boards. peculiar message on behalf of the bounds and by which I, too, would What better way to test an attorney's Division of Regulatory Boards of the grow with each new challenge. skills than to repeatedly appear Tennessee Department of Com­ More importantly, I fo und a niche against some of the most respected merce and Insurance. I was entirely for my practice and a home for all lawyers in the state! unclear about what the job adver­ the skills I valued. It is heady stuff, and the re­ tised, staffattorney, would require As a staffattorney for a state wards are just as sweet when I am of my skills. What did government agency, my primary mission is to able to persuade a board that the attorneys do anyway? protect the health, safety and wel­ continued protection of the public I immediately recalled my ad­ fare of the general public in Ten­ demands that it suspendor revoke ministrative law class with Professor nessee. I now serve as counsel to the the license of a professional who has Tom Davies as one of the classes I State Board of Architectural and committed misconduct. most enjoyed-and one so different Engineering Examiners, the body I fo und, too, that my communi­ from the rest of the law school cur­ which examines and licenses the cation skills were critical to success­ riculum I had studied. I recalled state's architects, engineers, land­ ful board representation. Because I learning aboutgovernment agency scape architects and interior design­ am the state's "expert" in the licens­ issues, administrative rule-making ers and regulates their conduct once ing law and rules of conduct for and the unusual Administrative registered. registered architects, engineers, Procedures Act and thinking that Each state board operates under landscape architects and interior this, the administrative forum, ex­ specific statutory authority, which designers, I soon fo und myself being emplified the extent and meaning generally sets forth the require­ invited to speak to professional of fair and swift justice, and indeed ments for licensure and professional societies and associations across the the pure study and practice of law. I conduct. Boards are also granted state. jumped at the chance. rule-making authority, which they I learned to take advantage of I was not disappointed when I use to explain in great detail appli­ all those opportunities to reach the arrived in Nashville less than two cation requirements and rules of professionals I regulate, and I also weeks later. I was not unchallenged professional conduct. Every time a learned that I truly enjoy fi lling that either. I found that my duties in­ board makes a rule, you can be sure role and the travel, both inter- and cluded more facets of the practice of a staffattorney is behind it in the intrastate, that my job necessitates. law than I could have imagined. I reasoning of the rule, the often­ Other opportunities soon sur­ learned that I would serve as a staff complicated drafting of the rule, faced. After working with the State attorney for anywhere from one to and the tedious navigating of the Board of Architectural and Engi­ five professional licensing boards rule through the cbmplicated ad­ neering Examiners for just under a ministrative rule-making process. year, I was selected to serve on a

46 national law enforcement commit­ problem-solving which should be tee comprised of about 20 other seized. lawyers, investigators and board The best advice I can give to members who do the same thing I recent law school graduates is some­ do, but in other states. It is quite an thing I heard fromfor mer Tennes­ honor to shape the rules of profes­ see Supreme Court Justice Penny Jo sional conduct for licensees and the White on the morning I was admit­ ways they are enforced on a na­ ted to the Bar. She said, "being a tional scale. lawyer is what you do, not what you My governmentpractice has are." Many graduates of the past enabled me to become an expert in several years have heard this re­ administrative procedures and in mark, but I believe these words are my area of licensing and regulatory too soon forgotten. law. As you enter this profession, Be the best you can be in your find an area of law (no matter how field and always consider the far­ Natasha K. Metcalf, '91 apparently small and insignificant) reaching impact your advice as a General Counsel, in which you can learnas much as government attorneyhas on the Tennessee Department of Finance possible. You will soon find that public in this state; rely on your and Administration that seemingly unimportant area is instincts, goodjudgment and sound (Nashville, Tennessee) little-understood by many other reasoning. Above all, keep it all in people, and you can use your skills perspective and don't neglect your­ not only to educate but to excel. self in the process. When you enjoy "I think it is also very Soon, that niche isn't so insignifi­ what you do and find a good fit, the important to recognize that when cant anymore, and you have come occasional frustrations of a given you work for the government, to be a valuable resource. day pale in comparison to what can your client is ultimately the Take advantage of every oppor­ be a truly fulfilling life in govern­ citizens . Although that may sound tunity to be exposed to other attor­ ment practice. like a heavy burden to bear, it is neys, government and otherwise, a very important one and one and anyone else who might be in­ that accept with pride." terested in what you do with your I area of the law. In just a brief period of time, I was able to count among I have had the pleasure of my friends and colleagues profes­ working in three different capacities sionals fromNew York to Puerto since I graduated from the UT Col­ Rico to Washington state. The lege of Law in 1991-as an associ­ sense of accomplishment and confi­ ate at a law firm, as a member of the dence gained from these experi­ governor's legal staff, and currently ences is often overwhelming and as general counsel for a state gov­ always deeply appreciated. ernment department. Each of these Every job has its frustrations positions has been interesting and from time to time. There will al­ very rewarding. ways be difficult days where the After enrolling in a trial prac­ wheels of government tum slowly, tice class while in law school, I and you wonder how you fit into discovered that I had an interest in the big picture. Despite these occa­ litigation. I also enjoyed the appel­ sional unwanted challenges, I still late advocacy portion of the first say (as I have many times before) year legal writing course. My par­ that my worst day in government ticipation on the Frederick Douglass practice is still better than my best Moot Court team gave me the op­ day in private practice. In a time portunity to further explore these where many become disillusioned interests. I would encourage stu­ with government, I like to think of dents to become involved in a vari­ these and the other challenges con­ ety of organizations and activities fronting thegovernment attorney and to enroll in as many courses as every day as new opportunities for possible that interest them. These

47 experiences give you the opportu­ My duties as deputy legal coun­ scenarios and new law on the hori­ nity to develop a database of areas sel included, among others, provid­ zon. There is always something new of the law in which you may have ing legal advice to the governor and to learn. in interest in practicing. his staff, drafting and reviewing The practice of law is also very I clerked for Kennerly, Mont­ legislation, and working on numer­ rewarding. I have experienced the gomery & Finley, P.C., in Knoxville ous administration projects. Work­ exhilarating feeling of having a jury during the summer after my second ing in this capacity provided a rare rule in favor of my client and suc­ year of law school. This clerkship perspective on the operation of cessfully challenging an issue on exposed me to the various aspects of state government. I interacted with appeal. It is even a great feeling to a litigation practice. I attended state officials on a regular basis and locate the authority that no one depositions and court hearings, developed a significant understand­ thought existed to support your drafted pleadings and researched ing of the many extremely impor­ client's position. There is nothing many issues. I would strongly en­ tant issues faced by the state of more rewarding than seeing your courage students to take advantage Tennessee. My experience working hard work pay offfor your client. of clerkship opportunities. They as deputy legal counsel to the gover­ Practicing law is more than give you the "real" view of what it is nor furtheredthe never-ending financial rewards. I believe that if like to practice law. My clerkship at process of learning the law because you do a goodjob, if you are de­ Kennerly, Montgomery strength­ it gave me the chance to become voted to your work, and if you put ened my interest in litigation with familiar with a wide variety of Ten­ forth your best effort, the rewards some real experiences. nessee laws in addressing the many will fo llow. This logic is especially Upon graduation, I accepted a issues presented to the governor's pertinent to the legal profession, position as an associate with legal office. when you consider the importance Kennerly, Montgomery and prac­ In July of 1997, I beganworking of the outcome of a case because of ticed there for approximately five as general counsel for the Depart­ its effect on your client and maybe years, primarily focusing on defense ment of Finance and Administra­ the law. I strongly believe that a litigation. I participated in numer­ tion, which is the business arm of lawyer's primary concernshould be ous jury and non-jury trials and state governmentand is involved in providing the best representation other trial court proceedings. In a variety of issues that touch upon for his or her client. addition, I was afforded the oppor­ many state departments and agen­ Professionalism is very impor­ tunity to work on several cases at cies. As general counsel, my respon­ tant to a legal career. I am sure you the appellate level. sibilities include providing legal have heard at least one "lawyer A litigation practice requires a advice on issues related to state joke." Unfortunately many of these keen sense of awareness of all issues contracts, budgetary issues, real jokes stem from real-life examples of relevant to your case, as well as the property management, and state unprofessional behavior by lawyers. pertinent law. Thinking on your employees' insurance. Based on my experiences, those fe et is also essential. In and out of My litigation experience has who project this negative image of court, you have to be preparedto been useful in this position. Al­ the profession comprise only a small respond to any issue that might though the state attorney general group. It is incumbent upon the rest arise. My goal was always to be represents state departments and of us to act professionally at all more prepared than my opponent. I agencies in litigation matters, I times to improve the overall image benefitted immensely from my ex­ work with them to protect the in­ of the profession. perience at Kennerly, Montgomery, terests of the Department of Fi­ I would be remiss ifI did not and I am gratefulfor having had the nance and Administration. In also point out that the practice of opportunity to be associated with addition, my knowledge of the law law can be stressful at times. There such an outstanding group of profes­ will continue to expand in my cur­ have been many occasions when I sionals. rent position, and I look forward to did not get much rest in the days In the summer of 1996, I was continuing to serve the citizens of preceding a hearing or the due date offered the opportunity to join the the state of Tennessee. for a pleading or other document. It staffof Governor Don Sundquist as I have enjoyed the practice of can also be stressful to juggle several deputy legal counsel. Needless to law. It has been very challenging, projects that have close deadlines. I say, I was very excited and honored primarily because there are fe w probably add to my stress level be­ to be afforded such a unique oppor­ things that remain constant. You cause until a document is due or a tunity. I eagerly accepted and began are always fashioning new and dis­ hearing begins, I am constantly my career in government service. tinct arguments. And there are thinking of ways to improve upon always new clients, new factual my work product. And as I

48 mentioned earlier, I always want to be better prepared than my oppo­ nent. Fortunately, it has been my experience that the stressful times are outweighed by the more pleas­ ant experiences. My advice to students inter­ ested in a government service career is to explore all opportunities that are available. In a short time, I have transitioned from private practice to two distinct governmentpositions. The optionsfor a governmentprac­ tice are endless. I think it is also very important to recognize that when you work for the government, your client is ultimately the citizens. Although that may sound like a heavy burden to bear, it is a very important one and one that I accept with pride.

49

I Municipal Government which provides individuals with an breaking new ground-it had its avenue for philanthropic giving. I first African-American mayor, Dr. Administrative was the program officerand assisted Willie Herenton. I wanted to be a Agencies donors in setting up various testa­ part of this ground-breaking and yet mentary instruments to meet their utilize my skills as an attorneyto philanthropic goals. I worked with benefit the citizens of Memphis. I hundreds of community-based and can truly say that it has been the nonprofit organizations on manage­ most rewarding aspect of my profes­ ment-related matters, including sional career to date. both brokering and one-to-one I was hired as an assistant city assistance. attorney, and fromthe day I crossed Many of the organizations de­ over the threshold of this office, I sired legal assistance in obtaining was given the opportunity to handle 501(c)(3) designation as a non­ my own caseload. I was not rel­ profit organization, and I was suc­ egated to merely writing briefs for cessful in obtaining this status for someone else or simply arguing more than 20 of them. For example, motions. As an assistant city attor­ I obtained the 501(c)(3) designation ney, I was responsible for defending for Knoxville's City Ballet, Inc., all types of matters brought against Old Mechanicsville Neighborhood the City of Memphis. This included Interests, Inc., and the Center for handling personal injury defense, Elbert Jefferson, Jr., '89 Neighborhood Development, Inc. Section 1983 civil rights cases, Senior Assistant City Attorney, Most of my work was performed paramedic medical malpractice City of Memphis Law Division either under contract with the City cases, Civil Service Commission (Memphis, Tennessee) of Knoxville and its Department of appeals, etc. On the other side of Community Development, the the coin, working as an attorneyfor Charles Stewart Matt Foundation, a municipal corporation has many ". . . a career as a municipal or through the designated and unre­ challenges. Nearly every decision attorney is limitless. Yo u have stricted funds of the East Tennessee that this office makes has "political" the opportunity to fo rge new law Foundation. consequences. Sometimes, it's like as easily in your first year within When I started law school in stepping on eggshells. Recently, the themunicipal corporation as a 1.986, I was the second youngest of officewas successful in overturning seasoned attorney in private 12 siblings. I was the second to a recent Tennessee statute that attend college and the first to pur­ would have allowed outlying sub­ practice ." sue studies beyond a four-year de­ urbs to incorporate, which would gree. I attended undergraduate have proven disastrous for the It is often stated, "What a dif­ school at LeMoyne-Owen College, Memphis economy. Whereas the ference a day makes." This cliche a UNCF college located in Mem­ victory was good for the City of has proven true in my sojourn from phis, Tennessee. When I left law Memphis, the outcry from the resi­ the law school classroom to the school, I never intended to practice dents within those outlying commu­ actual practice of law. As I stepped in Memphis. But as I stated earlier, nities has been enormous. Yet, the across the threshold from school "What a difference a day makes." thrill of working in an area that into the marriage of law and poli­ I worked as a program officer impacts such an enormous group of tics, I have truly come to realize for the East Tennessee Foundation individuals is simply breathtaking. that it is a wedded bliss. The prac� from 1989 to 1992. In 1992, I was I was promoted in 1994 to the tice of law can be likened to a mar­ torn between accepting an adminis­ position of senior assistant city riage: there are good days, and there trative position with the City of attorney. In addition, I am the liti­ are bad ones. Nonetheless, in the Knoxville's Department of Commu­ gation manager for the Law Divi­ end-no matter what happens-! nity Development or the City of sion. In my role as litigation wouldn't trade it for anything in the Memphis' Law Department, as I had manager, I screen and assign all world and would gladly do it again. received offers from both entities lawsuits, trouble-shoottrial tactics After graduation from law within days of each other. It was a and strategies, conduct litigation school in 1989, I took a position time of reckoning. meetings, and coordinate the activi­ with the East Tennessee Foundation, I chose to accept an offer from ties of the paralegal. In the absence located in downtown Knoxville, the City of Memphis. The city was of the city attorney and deputy city

52 attorney, I serve in the management Labor Standards Act bill; reviewing role. the lawfulness of an officer's use of The city's Law Division has 10 deadly force; researching intellec­ in-house attorneys, 14 staffattor­ tual property and Uniform Com­ neys, two Police Services Division mercial Code issues; and answering legal advisors, one Fire Services emergency legal questions at any Division legal advisor, four city time of day or night for officers or prosecutors, and a host of contract investigators who are in the field or attorneys. As the litigation man­ on a crime scene. ager, I am responsible for working Interesting? Yes, always. Re­ with any and all of these attorneys warding? Yes, often. Frustrating? in some capacity. Yes, it can sometimes be frustrating, I would advise anyone inter­ but on balance, the goodclearly ested in becoming a municipal at­ outweighs the not so good. torneyto concentrate on matters of Stephanie Webster, '83 How, you might ask, does one corporate concern. I recently at­ Deputy City Attorney and come to be such a lawyer? The road tended my third International Mu­ Manager of the Police Attorney's initially was very bumpy and filled nicipal Lawyers Conference, along Office, with doubt about this career of with hundreds of municipal attor­ City of Charlotte being a lawyer that I had chosen fo r neys fromacross the country and (Charlotte, North Carolina) myself. I graduated from the Uni­ several attorneysfrom other coun­ versity of Tennessee College of Law tries. The conference provides mu­ in 1983. My recollection is that this nicipal attorneys with insight into "My in-house counsel position was not a particularly goodtime to those areas in which we practice, is challenging, fas t-paced, and be a graduating law student, as legal and topics at this year's conference varied. Interesting? Ye s, always . jobs certainly were not as plentiful ranged from discussions of the "year Rewarding? Ye s, often. as qualified and licensed young 2000 computer glitch" to the "de­ Frustrating? Ye s, it can graduates. regulation of the utility industry." sometimes be frus trating, but on I considered myself fo rtunate to Simply put, a career as a mu­ balance , thegood clearly out­ gain a position with a lawyer in nicipal attorney is limitless. You Charlotte (my hometown) who weighs the not so good." have the opportunity to forge new practiced primarily immigration and law as easily in your first year within naturalization law and who had a the municipal corporation as a sea­ I believe that I am fo rtunate to large base of German clients. I had soned attorneyin private practice. be engaged in a very interesting studied German even while in law I believe the key to any legal legal practice. My in-house counsel school and really wanted to utilize career is life experience. My most position is challenging, fast-paced, my ability to speak German in my memorable experience in law and varied. As the deputy city attor­ practice. Sadly, this turned outto school was the Legal Clinic, and in ney for the city of Charlotte, I man­ be a very untenable working envi­ hindsight, I believe that it provided age the five-attorney Police ronment, and I remained in this me with the greatest amount of self­ Attorney'sOff ice of the Charlotte­ position less than a year. (The law­ cb nfidence and enabled me to see Mecklenburg police department, a yer subsequently was prosecuted and myself in a different light. Although 1500-member local law enforce­ disbarred because of irregularities I have yet to return to the Univer­ ment agency. regarding client funds. Was I ever sity to view the new law school A typical month fo r me could glad that I had removed myself from facility, I will always treasure the present issues or projects such as the that situation years before he met Legal Clinic and the law school fo llowing: defending the city in his criminal and ethical demise!) staff. police-related litigation; responding Next, I joined a sole practitio­ to an Equal Employment Opportu­ ner whom I had known for years nity Commission charge; drafting a and believed I knew well, but alas local ordinance establishing a cur­ that too did not work out-the few for juveniles or prohibiting straw that broke the camel's back aggressive panhandling; drafting being that I refused to share my state personnel law legislation; office space with the attorney's preparing congressidnal testimony seven-year-old son and his play­ fo r the chief of police on a Fair mates (albeit while I was out of the

53 office, but had I not reached a cer­ city of Charlotte in 1985. In 1989, I • Assess whether you personally tain station· in life?). accepted a position with the value public service. A gratifying Aftera year or so of this em­ Gastonia, North Carolina, police career as a public service lawyer ployment, I was fa irly well con­ department and was solely respon­ requires that you derive some vinced that I had made a serious sible for all legal matters of that satisfaction from the contribu­ and expensive mistake by going to agency. After approximately two tions that you make to your com­ law school and that I would prefer years, I returned to the city of Char­ munity. While local government to spend my time mucking out lotte as senior police attorney (assis­ lawyers make an adequate living, horse stalls-horses being a fa vorite tant city attorney II) to manage the they do not reap great financial hobby of mine (not necessarily the police attorney'soff ice, and in rewards. mucking out mind you, but at this December, 1996, I was promoted to • Become a member of the Tennes­ point even that seemed preferable). deputy city attorney. I respond di­ see Law Review. This was one of However, tending horses would not rectly to the city attorney and the the best learningexperiences for enable me to pay off my law school chief of police. me and my TLR publications educational loans that stretched out How else did I know that this were law school accomplishments before me for the next nine years. was the job for me? In law school in which I could take pride. But then I saw it-the job that my favorite classes had been crimi­ • Take advantage of any courses I must have! "Assistant city attor­ nal procedure and constitutional that cover areas of municipal law ney I: assists senior attorneys in law (Professor Joseph Cook), crimi­ that interest you. For example, advising and training law enforce­ nal law (Professor Neil Cohen), employment law, constitutional ment personnel regarding criminal intellectual property {Dean Richard law, real property law, local gov­ and constitutional law, represents Wirtz), and commercial transac­ ernment law and finance, crimi­ the city of Charlotte in judicial and tions (Professor John Sebert). nal law, and criminal procedure. administrative tribunals, drafts I truly enj oyed these classes, at • Be aware that as in-house counsel policy and legislation, etc." I knew least as much as one is permitted to to your city manager, city council immediately that this was the posi­ enjoy anything in law school! Note­ or department, you will be ex­ tion for me. It offered the opportu­ worthy, however, is the fact that I pected to be readily available to nity to be involved in training, made my two lowest grades in law your clients. This takes control of which I knew I enjoyed, the oppor­ school in criminal procedure and your schedule out of your control tunity to conduct research and intellectual property. (No, I will not to a large degree, and if you work writing in the areas of criminal disclose just how low they were! ) for an agency that operates 24 procedure and constitutional law, Very disappointed and frightfully hours per day, such as a law en­ and the opportunity for trial experi­ embarrassed would accurately de­ forcement agency, you will be ence, both civil and criminal. scribe how I felt about it at the required to respond quickly with Fortunately for me, I was se­ time. reasoned, correct legal advice in lected out of a field of 50 candidates. Now, however, I realize that a the middle of the night. Do not Interestingly, the number two poor mark in a legal class did not enter public service under the choice of the city was a classmate of mean that I would be a poor practi­ misconception that it is less de­ mine from the College of Law. This tioner in a certain field. Today I am manding of your time and energy. is significant, I believe, because we recognized by my colleagues across • Be committed to being a problem were the only two UT graduates in the country as a subject matter solver and thinking creatively, the pool of applicants among a fi eld expert in criminal law and proce­ making the best of limited gov­ of lawyers who had graduated from dure, and I have been invited fre­ ernmentalresour ces, and practic­ Wake Forest, the University of quently to lecture on these topics at ing with consideration and North Carolina, Duke, and national legal conferences. Also, my respect for your clients, col­ Campbell University, and the hir­ limited exposure to copyright, leagues, and members of the ing attorneys were graduates of patent, and trademark law has bench. Be proud of your legal UNC. In a market that was and helped me with a number of issues accomplishments, but never let continues to be dominated by in my current position, as has my this translate into arrogance. graduates of North Carolina law study of commercial transactions. Despite the initial rough spots schools, two UT College of Law In advising anyone who might at the beginning of my legal career, graduates had fared best in this be interested in a career as a mu­ I now would recommend highly the competitive process! nicipal attorney, I would say the practice of law, both in the public I began as a police attorney following: and private sector. After all, I even {assistant city attorney I) with the have gotten to use my German

54 language abilities in this position large sign and arrow would appear when I recently served for a day as stating, "Go this way." an interpreter for high-ranking Judicial Staff I clerked for the Hon. Charles German police officials who were N earn of the Tennessee Court of visiting the Charlotte-Mecklenburg Appeals. It was an invaluable expe­ police department-imagine that! rience with regard to understanding the big picture of trials and appel­ late work. However, as the year progressed, I received no handwrit­ ing on the wall directing me to a career path. The only clear direc­ tive came from my landlord saying, "Pay by the 15th." Thus, what my parents' good advice fa iled to accomplish, the monthly bills achieved. And I real­ ized that regardless of my goals and purpose in life, I had to just get a job. I did not have a 12-year plan. Heck, I didn't even have a 12-week plan, but I put myself in a position Claudia Swafford Haltom, '80 where preparation could meet Referee, opportunity. Shelby County Juvenile Court I took a job as an assistant (Memphis, Tennessee) county attorneydoing a variety of legal work for any department within Shelby County. Legal work "The most rewarding part of the for the county plumbing department job has been my review of foster involved insuring a clean water care cases . By handling this review supply; work for the personnel de­ process, I have been able to help partment involved civil service enforce a state and national poUcy hearings; and work for the health of permanentplacement for all department involved everything children in state care in order to from clean air to childhood vaccinations. keep them from remaining in My clients included a school limbo throughout their system and the juvenile court. It childhoods . " was my representation of the juve­ nile court which led to my present During Thanksgiving of my position as referee for the Shelby third year of law school, my parents County Juvenile Court. Thus, began asking me what I planned to another opportunity followed do upon graduation. Depending on preparation. the day or time, I had limitless plans As a juvenile court referee, I to save the world, as well as limited hear cases involving children on plans for actual employment. behalf ofJudge Kenneth Turner. My parents are both lawyers, The dockets which I hear vary from and they began giving me advice delinquency cases to child support concerningmy career objectives, or matters, to cases alleging a child to rather, lack of specifics. Primarily be dependent and/or neglected. because I did not know what I Some days I feel great satisfac­ wanted to do, I began lookingfor a tion with the work of our court. job as a judicial law clerk, in hopes Other days involve some frustra­ that at the end of the clerkship a tion. The most rewarding part of the job has been my review of foster

55 care cases. By law, the court must re view every child in state custody at given intervals. By handling this review process, I have been able to help enforce a state and national policy of permanent placement for all children in state care in order to keep them from remaining in limbo throughout their childhoods. While in law school, I did not plan on a career as a juvenile court referee. Rather, I took all of the general courses, and I benefitted from a well-rounded legal educa­ tional experience that gave me the confidence to be prepared fo r jobs which came my way. While the legal profession is moving more and more into areas of specialization, I believe that the generalist has the advantage of being flex ible. The encouragement of my advisor Dick Wirtz prepared me for opportunities which I could not have anticipated. During law school, I never fe lt compelled to choose a path which might have limited my options rather than expanded them. Law school, like law practice, had days of excitement and interest. Then it had days of ordinary, run­ of-the-mill work. Being a juvenile court referee is no different. It has routine days of modifying child support-$20,000higher, $30,000 lower. But it also has days where a routine job can lead to a great op­ portunity to do something of value which could change not just one life, but numerous lives. The interest of the fa culty throughout law school and the experience of a judicial clerkship were the two factors that best pre­ pared me for a career fi lled with interesting opportunities. I am still waiting for the large sign and arrow stating, "Go this way." But in the meantime, I have fo und that the most rewarding career decision was the one I never planned.

56 Foreign Government established in Memphis two years did as the chief prosecutor for the Administrative later. I maintained my private office Samarian district. working in a variety of civil areas­ I credit a great deal of my suc­ Agency real estate, collections, bankruptcy cess in courtroom appearances, of and some divorce-until I was able which I have had many, to my ini­ to fulfill a lifelong dream of moving tial success in winning the UT to Israel in 1983. moot court competition in 1970 In Israel, in order to become and later being a part of the moot licensed as a lawyer, I had to pass 11 court team representing the law examinations in a variety of subjects, school in regional competition. and then I had to do a six-month Professor Joe Cook saw, I believe, in internship. I did my internship at our successes a chance to build the Ministry of Justice in Jerusalem successive and more successful moot working with the deputy attorney court teams. Practicing law in a general of the state, and on some foreign language has been particu­ matters even with the attorney larly challenging, and the benefits, general himself. The work was in­ security, confidence and knowledge teresting and topical and important I gained as a result of my moot court to the interests of the state. work sustained me in court in Israel After I received my license to in innumerable ways. practice law in Israel in June of Serving the public has its spe­ Richard Kantor, '7 1 1984, I opened a private law office, cial satisfaction. Different from my Chief Prosecutor, which was not successful largely Legal Services days when I could Jerusalem District, Value Added because of my initial difficulties get an immediate response from Tax Department (Jerusalem, Israel) with the Hebrew language. I later clients, I receive a satisfaction not was hired by the Civil Administra­ just in a job well done, but with a "You as a servant of the pubUc tion in Judea and Samaria as a pros­ knowledge that I am performing a must be part of thatgreat ecutor in income tax matters. In vital service for the state. It is frus­ 1991, I moved from theIncome trating not having that immediate enterprisebui of lding and Tax Department to the Value client feedback; there is a constant rebuilding your society constantly. Added Tax Department, and in pressure of work; but through it all, Know that satisfa ction as a lawyer 1992 I was made chief prosecutor it is possible to see and enjoy the comes not from big salaries, but for the Samarian district fo r the service that is performed for the from your giving of yourself Value Added Tax Department. My societyas a whole. for your profession and your district consisted of Schem (Nablus), I would advise students inter­ community." Genin and Tulkarim. My office was ested in a career of public service as in downtown Schem (Nablus). The follows: Upongraduation from law work was very exciting, and I have • Make extensive use of all the school at the University of Tennes­ many, many tales of interest to opportunities for legal experience see in 1971, I moved to Memphis to relate with respect to that period of that the law school may provide, join the fledgling Legal Services work as a lawyer. not just classroomwork and program being established there. I In 1994, fo llowing the Oslo preparation, which by the way is had offers from several private law agreement, I helped draft the tax very vital, but also activities such firms in Memphis, but I chose to and customs agreements between as seminars, moot court, special begin my law practice in the public the Palestinian authority and the speakers and lecturers, legal service area in order to serve the state of Israel, and I was, at the end clinic, and even reading of just community and to fam iliarize myself of 1994, transferred to Jerusalem to fun booksconnected to law. with the courts, judges, and lawyers the Value Added Tax and Customs • Know that satisfaction as a lawyer practicing in Memphis. Department as a prosecutor. This comes not frombig salaries, but Working at Legal Services past May, I was appointed chief fromyour giving of yourself for afforded me the opportunity as a prosecutor for the Jerusalem District your profession and your commu­ young lawyer to appear often in in value added and customs tax nity. Being a lawyer is not a trade various courts and gave me an matters. The work is challenging, where at the end of the day you excellent basis upon which to though less exciting than the work I hang up your tools and go launch a private law office, which I

58 home-a lawyer is a lawyer all of the time and at all places. • Keep your focus on the larger picture. To accomplish for your client, the public, what you wish to accomplish, remember that the law is but a tool, albeit very im­ portant and powerful, to accom­ plish the larger goal of your clients' purposes. Very often a solution to the problem set before you is not legal, very often it is. It is fo r you to learn howthis prob­ lem fits into the overall scheme of your task. • Remember that the public has its goals and purposes. You as a ser­ vant of the public must be part of that great enterprise of building and rebuilding your society con­ stantly. It is as challenging as it is rewarding.

59 , Prosecutors and Defenders One again I thought to myself, the changed dynamics of the legal "I have a great job." job market and began searching fo r Federal When people say that being an a Department of justice position. assistant U.S. attorney (AUSA) is President Bush then imposed a the best job a lawyer can have, they hiring freeze on U.S. Attorneys, so I are telling the simple truth. My was left to look in one of the divi­ assignment fo r this column is to tell sions of "Main justice." I was glad to you how I got my job, what I like accept an offer in the Atlanta Field and dislike about it, and how I think Office of the Antitrust Division you could become an A USA. Those because the division field offices are the compulsory exercises; free­ worked on smaller, criminal cases. style exercises are added at random. {My knowledge of antitrust law Typical fo r lawyers today, my then consisted of what I had "career" in the 10 years I have been learned while drafting two antitrust out of law school has been a series counts in a complaint at Fried, of jobs, the most entertaining of Frank that we never persuaded our which was prosecuting or defending client to file.) I took the job and students in the UT Office of Stu­ within a year I was in court in dent Conduct. After mysecond and Knoxville, where my partner and I third years of law school, I was a successfully prosecuted a retail gaso­ summer clerk at a large firm in Min­ line price-fixing conspiracy. Will Traynor, '88 neapolis. After graduation in 1988, Back in Atlanta, however, work Assistant U.S. Attorney, I had the privilege of clerking for in the Antitrust Division under the Department of Justice (Atlanta, two years fo r the Honorable Ted Clinton administration began to Georgia) Milburn, Sixth Circuit Court of fe el too much like business litiga­ Appeals, whose chambers were in tion. Some lawyers get excited Chattanooga. "I fe el that my job is to make when an overnight express service During my clerkship I became delivers 60 boxes of documents sure that the fe deral government infatuated with white collar crime, from a subpoena recipient. Gener­ treats its citizens fairly and that which is prosecuted much more ally speaking, that type of work their lawsuits against the frequently on the East Coast than sends me looking fo r a new job. In government are resolved on their in Minneapolis. February of 1997, after many years merits . Where my clients have Consequently, when my clerk­ of pounding on U.S. attorneys' acted properly, it is my job to ship ended, I married and moved to doors, lightening struck, and I ac­ represent them vigorously and to Washington, D.C., where I worked cepted a job in the Civil Division of & the best of my ability." for Fried, Frank, Harris, Shriver the U.S. attorney's office Atlanta. Jacobson. I spent most of my two What's so great about this job? years at the firm defending defense 1.) The range and quality of A fe llow assistant U.S. attorney contractors and the ir employees work-1 represent the government walked into my office last week and who were accused of fraud in fe deral in employment discrimination said, "I've got an employment dis­ and criminal or civil actions. While cases, prisoner litigation and Federal crimination trial next month. there, I could not help but notice Tart Claims Act cases. The latter We've got a good case and about a that Washington law firms brag includes everything from slip-and­ half-dozen wimesses, and it should about the number of fo rmer AUSAs fa lls in post offices to multi-million take less than a week. You can try that work in their white collar dollar medical malpractice cases. I the entire thing by yourself if you crime sections. have represented a U.S. bankruptcy want. Are you interested?" I intended to stay at the firm judge who sued individually in state Looking up from a pile of Geor­ for several more years, as I enjoyed court, and I represent other AUSAs gia materials I was reviewing in the work and my colleagues. After in Bivens actions. I have sued (or search of what to say in state court all, I had a fa ncy fe deral judicial am preparing to sue) people and later in the week in defense of a clerkship on my resume, and in the corporations for health care and U.S. Postal Service driver who was 1980s, former fe deral law clerks fe lt food stamp fraud. charged with reckless driving after they were entitled to Department of I greatly enjoy that as an hitting a bicyclist, I said "absolutely." justice jobs upon the asking. By AUSA, my cases are mine. The 1992, however, I finally recognized biggest case staffs in my office consist

62 of two lawyers. So despite what you production of billable hours. When that have the largest U.S. Attor­ hear about the "boundless resources you're spending tax dollars, you neys' and fe deral defenders' offices. of the Justice Department," you will can't just write a check for $50 to a Clerking fo r a judge and then work­ not find the type of hand-holding photocopyingservice. ing as a state prosecutor or defender and case staffingon the govern­ 2.) For some reason, when you seems to be the most established ment's side that you will in private tell people that you work for the path to an AUSA's position in my practice-the numbers do not allow DO], many of them fe el compelled office. it. To be a OOJ lawyer, and espe­ to tell you their theories of govern­ I cannot finish without urging cially an AUSA, you have to enjoy ment conspiracies. students to minimize their debt flying solo. The most usefulcourse I took because state and federal prosecu­ 2.) The nature of the daily in law school was administrative tors and defenders do not pay as crises-Ourclients include more (yawn) law. Most disputes with much as law firms, and big loan than 130 government agencies, and governmentagencies involve ad­ payments will restrict your career the types of problems they encoun­ ministrative proceedings before flexibility. The unhappiest lawyers I ter are, well, intriguing. Phone calls litigation, and admin law will famil­ knew at Fried, Frank were those that have shredded my "to do" lists iarize you with the general process. who were dying to work as "public have included calls from the Cen­ In addition to helping me now, interest" lawyers, but who were ters for Disease Control (to quash a admin law helped me greatly as a locked into paying $800 a month state court subpoena to prevent a law clerk. Ofthe other classes I for 1 0 years. CDC doctor from being dragged as took in law school, remedies was a Speaking of "public interest," I an expert witness into a private waste of time, as were other classes consider working as an AUSA to be lawsuit), and the Postal Service (to that were "goodfor bar review." a privilege and just as much in the go to state court and represent a The other academic advice I public interest as my sister's work shift supervisor accused of verbally offerhinges on one word: EVI­ for the HIV Law Project in New assaulting a subordinate). DENCE. All of the law-related York. My clients include govern­ 3.) The courtroom experience­ books I read on my own time have ment agencies, the nation's taxpay­ If you want to try jury cases with the word evidence in the title. All ers, and the ideal of a democratic any regularity, you have to be a of the continuing legal education government. In a world where prosecutor or public defender, state (CLE) courses that I attend have people are jailed daily for the con­ or fe deral. AUSAs on the civil side the word evidence in there some­ tent of their poems, we live in a in my office seem to try one or two where. The AUSAs I admire the country where penitentiary inmates cases and argue one or two appeals most are those who, in the middle sue their prosecutors, and citizens before the Eleventh Circuit a year. of a lunchtime run, can snap offthe sue their governmentfor millions of Given that I had one jury trial in number,content and policy consid­ dollars in damages under theories nearly five years with Antitrust, I'm erations behind a certain federal that are limited only by the liti­ not complaining. I hope to return rule of evidence, and then argue gants' imaginations. I enjoy being a to criminal prosecution in a few over the application of that rule to part of that system. I fe el that my years, and most criminal AUSAs in my problem. job is to make sure that the federal my office seem to average a jury For students interested in pur­ governmenttreats its citizens fairly trial every two months. suing a career with the OOJ, I rec­ and that their lawsuits against the 4.) The atmosphere-In my ommend working as an internwith government are resolved on their office, we have found the same type the Department in a U.S. Attorney's merits. Where my clients have of collegial energy, fellowship and office during the summer, and then acted properly, it is my job to repre­ craziness that I enjoyed in news­ as a law clerk for a judge (federal if sent them vigorously and to the best rooms working as a newspaper re­ possible) after graduation. Try to of my ability. I never imagined porter before law school. establish a record of interest in being a lawyer could be so much What are the annoyances of litigation and criminal law by writ­ fun! working for the OOJ ? The first few ing articles on litigation-related that come to mind are: matters, such as evidence or crimi­ 1.) My employer must use rules nal procedure, and working as a that treat equally the two million state prosecutor or defender to gain employees of the fe deral govern­ experience. Lawyers who are dying ment. This is quite different from to work as an AUSA should con­ the private law firms that seemed to sider moving to Miami, Washing­ structure things to facilitate my ton, D.C., or to other large cities

63 called him "follicly challenged" and the criminal justice system. In order Julie Taylor said he was a "poster to be an effective advocate, one boy for Rogaine." must at least understand the psy­ Nonetheless, criminal clinic chological, sociologicaland philo­ was a very good experience for me, sophical world view of the client. and Jerry Black's guidance served Dealing with the idiosyncrasies of me well in my first job as a state the clients is also another very chal­ public defender in Philadelphia, lenging part of this profession. and hopefully, continues to benefit For all of those students (both me to this day. Afterworking almost of you) who may be interested in three years in Philadelphia and pursuing a career as a public de­ having the benefit of observing fender, I have some concrete sug­ lawyers who had graduated from gestions. First, sign up for Legal many other schools (including sev­ Clinic. Next, seek a summer job Perry Piper, '88 eral Ivy Leaguers), I feel that my with either a state public defender's Assistant Federal law school education "stacked up" officeor with a district attorney. Community Defender, well against those other schools. Volunteer if you must. Department of Justice The challenges of doing only Upon graduation from law (Chattanooga, Tennessee) criminal defense work in federal school look everywhere, including court are awe-inspiring and fear­ rural counties and districts, for job invoking. The facts are bad, the law openings. If you are not able to land "The challenges of doing only is worse, and the federal sentencing a job in a public defender's office, criminal defense work in federal guidelines are Draconian (particu­ get on the list for appointed cases in court are awe,inspiring and larly in drug cases). Add to this mix both federal and state court. Be fear,invoking ....In order to be an expectation by a client who has bold, aggressive and creative in an effective advocate, one must at usually been through a much more searching for a job-these are traits least understand the psychological, lenient state court system ("but which will serve you well if you do what about probation? ") and the become a public defender. sociological and philosophical "challenges" can be overwhelming. Even though I do not elevate world view of the client." Nonetheless, I feel that it is a work to a spiritual level, there are good time to be a public defender: times when I sit back and reflect on I have been an assistant federal no shortage of clients, my health a hard fought battle and fe el good community (public) defender in insurance pays 50% of my therapy about my job (these times of self­ Chattanooga for the last fiveyears. bills, and Tagamet is now sold over reflection are few and far between, Prior to that I was in private prac­ the counter! On the positive side, mind you). In a society which seems tice with J.D. Lee in Knoxville, was the job includes an excellent variety to believe that we can punish our a state public defender in Philadel­ including legal writing, trial work way toward Utopia, I would strongly phia, and I clerked for U.S. Magis­ and negotiation. It is challenging to encourage those of you who are trate John Y. Powers (also in represent a client who is facing the interested in this line of work to Chattanooga). incredible force of a federal prosecu­ take the plunge. Two other bits of I had many law school experi­ tion; it is rewarding if anything posi­ advice: keep your sense of humor ences which made a lasting impres­ tive comes from thatrepr esentation. and develop a thick skin! sion. Two classes which I particularly As a public defender, I repre­ enjoyed were evidence, taught by sent the class of citizens most vul­ Dean Wirtz (he was a lowly profes­ nerable to encroachments upon sor then), and criminal Legal liberty and justice-the poor. Every Clinic, taught by Jerry Black. I person should receive the same fondly recall Black's subtle peda­ treatment in our criminal courts. gogical techniques: "Piper, you're an My commitment is to provide the idiot savant, only without the sa­ highest level of advocacyso that vant part." Or "Piper, if man the indigent are treated at least as evolved from the apes, you're first well as those who are able to afford generation." A few of my classmates counsel. Ofcourse, poor people were not as enthused about Profes­ bring many more problems to the sor Black's methods: Don Bosch table other than just trouble with

64 for career information and job leads contact with in the criminal justice in the public arena without much system. State success. I also discovered that other I eventually became a misde­ students had completed government meanor prosecutor and was han­ or public interest clerkships, but dling DUls, domestic violence, were having difficulty learning how shopliftings and a wide assortment to pursue these professions. of other types of crimes. In 1994, I The Career Services office began handling fe lony preliminary made our inquiries known to the hearings. law school administration, where­ In 1995, I became the youngest upon Dean Marilyn Yarbrough sent fe lony state assistant district attor­ several students to Washington, ney in Memphis and am still the D.C., for the National Association youngest of 46 assistants assigned to for Public Interest Law (NAPIL) handle fe lony cases. I have enjoyed conference. We were a very diverse trying cases ranging from gang vio­ group containing very different lence and drug dealing to armed interests and philosophies, but all robberies and homicides, including were desiring to pursue their par­ capital murder. Sometimes it can be ticular ideology in a public interest overwhelming. It is hard to listen to career. a badly beaten woman beg me not The conference had a great to prosecute her husband, or a rape Dawn Doran, '91 impact on me and further empha­ victim who cannot face her attacker Assistant District Attorney, sized the fact that there were jobs in in court. 30th Judicial District of Tennessee the public sector to fit everybody. Then other days it is without a (Memphis, Tennessee) job opportunities were available to doubt the most rewarding job in the suit the most conservative to the world. When a family has lost a most liberal, those interested in full­ loved one, a verdict of guilty can go ". . . it is my op inion that time research to those that wanted a long way in their healing process; [being a prosecutor] is the most to spend every day in court. The or, to know that a child will no importantjob an attorney can most exciting thing to me was that longer be abused by his parents is to undertake . It is unlike any other the primary purpose of these profes­ realize you have made a difference. practice in that I never represent sions was to make a difference, not Being a prosecutor will not an individual client nor do I pur­ simply to make money. make you as rich as your classmates. sue money or other material items We collected vast amounts of However it is my opinion that it is information and returned to the law the most important job an attorney as my goal. I represent the entire school with lots of ideas. We then can undertake. It is unlike any other state of Te nnessee and my one formed the Tennessee Association practice in that I never represent an and only objective is justice." fo r Public Interest Law (T APIL) individual client nor do I pursue with the support and encourage­ money or other material items as When I was a law student in ment of the dean, several faculty my goal. I represent the entire state 1990, it was difficult to find infor­ members and Career Services. I was of Tennessee and my one and only mation on legal careers in the pub­ now on my way! objective is justice. It is a unique lic interest sector. I had received my After graduation, I was fortu­ position first noted in Pout v. State undergraduate degree in public nate to find a job in the district of Tennessee in 1816: administration, and during that attorney general's office in Mem­ "He is to judge between the time I internedwith the Chancery phis. Although it was exactly the people and the government; he is to Courts in Memphis. During law job I wanted, there were no posi­ be the safeguard of the one and the school I clerked with the state tions immediately available as a advocate fo r the rights of the other; attorney general's office in Nash­ prosecutor, so I began as a criminal he ought not to suffer the innocent ville. I fo und both jobs to be ex­ investigator. I quickly realized that to be oppressed or vexatiously ha­ tremely rewarding and was looking this was the most fa scinating job I rassed, any more than those who fo rward to working in the public could imagine. It was also often deserve prosecution to escape; he is sector after graduation. difficult, as I was usually the first to pursue guilt; he is to protect in­ When I returned to Knoxville person that victims would have nocence; he is to judge of circum­ for my final year, I began searching stances, and, according to their true

65 complexion, to combine the public a law school that would encourage welfare and the safety of the citi­ good will between students and zens, preserving both, and not im­ fa culty and build self-confidence. A pairing either; he is to decline the few others kept that flame alive at use of individual passions, and indi­ UT. vidual malevolence, when he can­ Why, we even had one young not use them for the advantage of prof who came in and thought he the public; he is to lay hold of them could fraternize with us students. where public justice, in sound dis­ We would leave trade reg. class and cretion, requires it." go to the local establishment for pizza and a couple of pitchers of cold beverages. Finally we students had to tell this naive "lad" he was in mortal professional danger from this Tom Crider, '75 association with us. He would never District Public Defender, get tenure or amount to anything if 28th Judicial District of Tennessee he kept up such irresponsible antics. (Trenton, Tennessee) Fortunately, Dick Wirtz listened to us, and now I fe el immensely com­ fortable that the present and future "Being a public defender has of the UT College of Law is in his been a wonderful experience for guiding hands. me-and hopefully for at least a The early 1970s were a time of fe w of my clients. I have partici­ excitement for law students and pated in achieving an acquittal in society as a whole. We left class to a capital trial, and I have had go to the Carousel to talk about and watch the Watergate hearings on my "plow cleaned" on many . TV. The testimony of Dean, occa.szons. " Magruder and others along with the explosive revelation of a taping I came to law school in the fa ll system-then a gap in the tape­ of 1972 not knowing what to ex­ were compelling. We lived in the pect. I had come from an under­ eye of history as the winds of graduate environment where change whirled around the nation. students were nurtured and close Only after I left law school did I relationships with the faculty were fully appreciate the dynamism of encouraged. What would I find as a many of the cases we studied. Some law student? fe lt the nation's judicial leadership From 1972 to 1975 when I was carrying us to doom--others graduated (much to the amazement fe lt we were inching toward the true of Dean Penegar), the George C. promise of America. I rode home Taylor College of Law was in a state passing signs that cried: Impeach of transition. The old guard was Earl Warren. being slowly but unmistakenly re­ I returned to my hometown of placed by a new generation of pro­ Trenton, Tennessee (population fe ssors. Yet, the old guard was still 5,000, counting dogs and cats) in in control and yielded ground most 1975 and joined a sole practitioner. grudgingly. We practiced general country law­ I witnessed students being un­ anything that walks in the door mercifully sliced and diced by pro­ (except bankruptcy) for 14 years. fe ssors who believed self-esteem had My partner had heard that a state­ to be demolished for the forging of wide public defender program might the proper lawyer character. We get offthe ground one day, and he lost a fine teacher in Tom Rody encouraged me to throw my name who left UT to become a pioneer at in the hat when it did.

66 With the help of many good minister several years ago when he people, I was selected to be the first was internallydebating becoming public defender for Crockett, Gibson more outspoken about his country's and Haywood counties, being ap­ repressive policies. pointed by Governor McWherter in People are unreasonable, illogical, and 1989. I was fortunate enough not to self-centered-love them anyway. have any opposition when I ran in If you do good, people will accuse you 1990 and am hopeful this will be of selfish, ulterior motives--do good anyway. the case in 1998 when I run again. If you are successful, you will win false I was not a very good law stu­ friends and true enemies-succeed anyway. dent, but I knew I could be good The good you do today will be forgotten lawyer. I had felt constrained in my tomorrow-do good anyway. practice although I had many won­ Honesty and frankness make you vulnerable­ derful relationships with clients be honest and frank anyway. who had placed their trust in me. The biggest people with the biggest ideas Being a public defender has can be shot down by the smallest people been a wonderful experience for with the smallest minds--think big anyway. me-and hopefullyfor at least a few People favor underdogs but follow only top dogs-­ of my clients. I have participated in fight for some underdog anyway. achieving an acquittal in a capital What you spend years building may be destroyed trial, and I have had my "plow overnight-build anyway. cleaned" on many occasions. I have Give the world the best you've got and you'll get shared the joy of victory when a kicked in the teeth-give the world the best client wrongly accused of a sex you've got anyway. offense was found not guilty, and I have shared the sorrow with clients' families when their sons committed suicide in the face of charges. Several law professors played significant roles in my legal matura­ tion. Neil Cohen particularly in­ spired me in the area of juvenile law, a field I continue to enjoy. Don Paine remains a true friend, and I remain in awe of his breadth of knowledge and fortitude. John Sobieski, Toxey Sewell, Jerry Becker, and even the Alabama man, Joe Cook, provided insight on h<�th the imagination and perspira­ tion a lawyer must put forth to be successful. My former classmates now sit on appellate courts, in the halls of Congress, as mayors of leading cit­ ies, and counselors to governors, among other high positions. More importantly perhaps, they serve as little league coaches, county attor­ neys, literacy volunteers, church workers and mentors for at-risk children, among other even higher callings. My "advice" to students is a borrowed poem given to an African

67

during the quarter, we discovered the midnight oil as in law school in why the advanced students were in an effortto read the court files and Federal this class. As Professor Feerick in­ the law to prepare fo r trials. By cluded constitutional law, conflicts 1984 the dockets were current. of law and other difficult concepts That same year, I began sitting in the course, students started drop­ by interchange with the circuit ping out. court judges, trying circuit court The law school experience that jury and law cases. This experience I believe helped me the most in was challenging and rewarding as I preparation for my professional was exposed to all areas of the civil career was the concept of being law. prepared for class recitation. We In 1988, I was nominated by had to know the facts and the law President Reagan and entered office of the case or be ordered out of the as United States district judge for class. In the real world of the law, the Eastern District of Tennessee. the same concept applies-except This proved to be the greatest chal­ that if you don't know the law and lenge of my career. Again there was facts, your clients are ordered out of a backlog of cases, but most of the court. cases involved issues of federal law, My most pleasant experience in not Tennessee civil law. Back to the law school was my active participa­ midnight oil. Then there was fe deral Honorable Robert Leon tion in the Student Bar Associa­ criminal law, federal rules of crimi­ Jordan, '60 tion. I successfully ranfor office nal procedure, and U.S. sentencing Judge, twice, and I enjoyed representing guidelines to be learned andapplied, U.S. District Court, Eastern the student body along with the just like in law school. District of Tennessee other officers. (This experience also The federal judges in the East­ (Knoxville, Tennessee) paid dividends when I ran fo r chan­ em District of Tennessee carry one cellor of the First Chancery Divi­ of the heaviest case loads in the sion of Tennessee in the 1982 country. We are daily challenged by "As a fe deral judge , I experience general election.) some of the finest lawyers in the the same professional rewards as After graduation, I practiced country in all areas of the law. As a practicing attorneys, without the with the firm of Goodpasture, Car­ federal judge, I experience the same thrill of victory or the agony of penter, Dale and Woods in Nash­ professional rewards as practicing defeat. I do look forward to my ville, then ventured into the fields attorneys,without the thrill of vic­ work everyday." of business and banking. Although I tory or the agony of defeat. I do enjoyed the business experience, I look forward to my work everyday. longed to return to the practice of I recall my introduction to law law. I became a member of the firm school as clearly as the events of of Bryant, Price, Brandt and Jordan yesterday. We were the entering in Johnson City in 1971. class of the spring quarter of 1958. We were a general practice firm We were assembled in the large with a primary focus on civil law. classroom on the first floor where Fortunately, I was able to utilize my orientation began with Professor experience in business in my prac­ Martin Feerick instructing us to tice. As our firm grew and pros­ "look at the person to our left and pered, I enjoyed the professionalism then to our right, for when gradua­ and looked fo rward to the chal­ tion comes, only one of you will be there." He was right. lenges of each day. The orientation lasted for about In 1980, I was appointed Chan­ an hour, and we were assigned our cellor of the First Chancery Division of Tennessee by Governor Lamar classes. I recall that we were assigned Alexander. This was a real chal­ to domestic relations, taught by lenge, as there was a backlog of Professor Feerick. Most of the other more than 2,200 cases on the students in the class were second­ docket. Once again I had to bum and third-year students. Later on

70 I went to work for Judge Taylor situation or new issue to confront. a fe w weeks after graduation in May Another plus is that I can keep of 1974. He was the only district fairly regular hours, and I am home judge in Knoxville while I worked with my family almost every night. for him. Additionally, I really enjoy working My two years as his law clerk in the federal judiciary because we gave me a real appreciation for the have such excellent support and work done in federal court. I liked continuing legal education. I do not federal practice and procedure and know what I would do without my came to realize how diverse and career law clerk, Kim Rozanski (also challenging the work of a federal a University of Tennessee College judge can be. Judge Taylor was an of Law graduate) and my secretary, exceptional trial judge. This is evi­ Pat Rankin. Ms. Rankin has been denced by the fact that he was se­ with me since 1978. The three of us Honorable Robert P. Murrian, '74 lected by the Chief Justice of the tum out a lot of work. Additionally, Magistrate Judge, U.S. Supreme Court to preside over the Clerk's Office, the Federal Judi­ U.S. District Court, the trial of the governorof Illinois cial Center and the Administrative Eastern District of Tennessee and federal judge Otto Kerner, and Officeof the United States Courts (Knoxville, Tennessee) later the trial of Governor Marvin all give the federal judges excellent Mandel of Maryland. Judge Taylor's support. selfless devotion to the cause of It was my privilege to teach at "My advice to students and young justice, his integrity and work ethic the College of Law as an adjunct lawyers entering the profession is shaped my understanding of what it professor from 1990 to 1993 and in to remember that we are supposed meant to be a good federal judge. I 1995 and 1996. Working with stu­ to be in a helping profession. We was fascinated with the dynamics of dents is invigorating and challeng­ are supposed to be society's prob, the courtroom. ing. I took a year off from teaching lem solvers and not part of the I went into private practice in 1994 to help start the Federal problems of society." with Butler, Vines, Babb & Mediation Program in the Eastern Threadgill in 1976 and had the District of Tennessee. Unfortu­ opportunity to work on a variety of nately my responsibilities at the A combination of unplanned civil cases in a law firm that had its court, at home and elsewhere have events led me to a career as a fed­ values and priorities right. In 1978, caused me to "retire" as an adjunct, eral magistrate judge. In my senior my predecessor and the first full­ but I would like to be involved in year of law school, I interviewed time magistrate judge in the Eastern teaching in some capacity some day. with two power companies. I had a District, Tom Dillard, decided to The frustrations of my job are goal of securing a job in their legal return to prosecuting federal crimi­ relatively fe w, but sometimes I do departments related to nuclear engi­ nal cases. This opened the door for not have the time to give an issue neering, as I had an engineering me to returnto federal court, and I all the time I would like to give it. undergraduate degree and post­ was appointed as a federal magis­ Also, it is frustrating to see people graduate nuclear power training in trate judge in 1978. in criminal trouble who come be­ the U.S. Navy. The job has changed over the fore me. When I read the pretrial One evening in the spring of past 19 years as magistrate judges services reports or presentence re­ 1974, I received a telephone call at have been given more responsibility ports, I am struck by the broken home from a friendwho had gradu­ by Congress and Article III judges. lives that have resulted from people ated from the University of Tennes­ It has been my privilege to try a making poor choices. Most distress­ see College of Law two years or so number of interesting civil trials, ing are the children who are caught prior. He was a senior law clerk to jury and non-jury, to work exten­ up in these problems and who have the Honorable Robert L. Taylor, a sively in felony criminal cases at the little chance of breaking free from a U.S. District Court judge in Knox­ pretrial stages and to try a number seemingly endless cycle of poor ville. A family situation in Virginia of misdemeanor cases. A variety of choices. required him to leave the clerking other tasks also go with the job. Finally, my advice for students job early, and Judge Taylor needed a One of the best things about interested in a similar career is to do replacement law clerk. That phone being a federal mag,istrate judge is well academically in law school, do call changed the course of my pro­ that the work is interesting every your best in the practice of law (or fessional life. day. There is always some new wherever your career leads you),

71 and be at the right place at the right died when I was less than a year old, time. The available positions for and ours was a single-parent house­ Article III judges, bankruptcy judges State hold with a working mother before and magistrate judges are greatly it was commonplace. I had a paper limited. Therefore, there is an ele­ route at age 10 and worked as a ment of good fo rtune involved in relief switchboard operator at an being appointed to one of these jobs. insane asylum at age 12. Although All you can do is take one day at a our life was much more of a struggle time, do your best every day, and than I was allowed to know at the the rest should fall into place. time, my mother never let me be­ My advice to students and lieve that it was anything but normal young lawyers entering the profes­ for me to go to college and then to sion is to remember that we are law school. supposed to be in a helping profes­ My brother was an engineering sion. We are supposed to be student at the University of Ten­ society's problem solvers and not nessee, and lacking any other inter­ part of the problems of society. est, I decided to study engineering Also, there is more to life than as well. I was hitchhiking to UT work. Set your priorities, hang on to (hitchhiking was the thing to do at your values and try to practice mod­ the time) when, as luck would have eration in all things. I believe that it, I got a ride with an attorney, who happy human beings are those who Honorable Riley Anderson, '57 was with a real estate title firm. maintain a proper balance between Chief Justice, Talking with him that day, and their work lives and their fa mily Tennessee Supreme Court later visiting with him in his office, lives. We all have a spiritual being, (Knoxville, Tennessee) inspired me to pursue a career in a mental being, and a physical be­ law. During my undergraduate years ing. All three need to be developed in pre-law, I was fo rtunate to serve and nurtured each day. "And I believe that attorneys as a messenger and clerk fo r Judge have a particular obligation to use Xenophen Hicks with the Sixth their training to participate in Circuit Court of Appeals. government, whether in the court During law school at UT, two system or on the school board, of my professors particularly influ­ the zoning board or city enced me as a student, as a future lawyer and judge, and as a person. council. . . . Yo u have a duty to Professor Forrest Lacy taught use what you have been given courses using the Socratic method, and to make where which helped me develop the abil­ you live a better place ." ity to think logically. Professor Harold Warner, who taught real Since graduation from law property, later became dean of the school, I have been blessed with a law school. He took a personal rewarding career, first as a lawyer interest in his students, including and then as a judge. I am very fortu­ me. As it turned out, Dean Warner nate to have the opportunity today would play a major role in setting to serve the people as a justice on my career path after law school, and the Tennessee Supreme Court. for the next 29 years. Although luck has often played a When I finished law school in part in my life, some say that my 1957, I considered leaving Knoxville goodfo rtune is the result of hard to take a job out of state. Luckily, work. Thomas Jefferson said it best: Dean Warner called me in and told "I am a great believer in luck, and I me about these two young lawyers find the harder I work, the more I in Oak Ridge with a reputation for have of it." ability, honesty and hard work­ My mother taught me the value Gene Joyce and Frank Wilson­ of work at an early age. My father who were looking for an associate.

72 He thought it would be a good op­ of my wife, Pandy, and our children portunity for me, and he was right. and grandchildren. I had a very enjoyable and re­ As a judge, I am expected to warding practice with Gene, and research the law and resolve dis­ thereafterwith Clark Meredith and putes. But the job also carries a David Flitcroft. I became a trial responsibility to the people of Ten­ lawyer with a general practice, nessee to confrontand solve the which included personal injury, problems fo und in our judicial sys­ family law, medical malpractice, tem. You don't have to look too workers' compensation, real prop­ long or too hard to see that these erty, and products liability cases. problems are large and complex. Gene and the firm had the The courts are burgeoning with reputation for out-working every­ cases, particularly criminal cases. body. He said, "If you're working on The system sometimes appears inac­ a trial the night before and you quit, cessible to everyday citizens, but we Honorable W. FrankCrawford, '50 first go by your opponent's office are working to be more accessible Judge, and if the lights are still on, go back and more efficient. There is a per­ Tennessee Court of Appeals to work." (What I didn't know at ception that justice is either deliv­ (Memphis, Tennessee) the time was that there was a cus- ' ered too slowly or not at all, but tom in some lawyers' offices of leav­ perception is not reality, and the ing the lights on all night as a subtle system is better than perceived. "Having had the ambition for a form of advertising!) There are great challenges, but they long time to be a judge , I fo und When Frank Wilson was ap­ are not insurmountable. We will the transition from advocacy on pointed afe deral district judge in roll up our sleeves and meet them the one hand to impartial arbiter 1961 , the firm was reorganized, and head on. on the other to be relatively easy. I became a partner. I remained with It has been my experience that Wo rk on the Court of Appeals is that firm fo r nearly 30 years. the philosophers were right-St. challenging and quite demanding, I don't think I appreciated at Francis, Buddha, and Mohammed but the satisfaction of performing the time I came to Oak Ridge what all spoke the truth when they said a unique environment I was enter­ the way to serve yourself is to serve such a service is immensely ing. The city had not yet been others. The legal profession has a rewarding. " formed, all of the land was owned by continuing responsibility to give a the government, andthere was little voice to individuals and groups whose It was in the early spring of business activity. I was lucky enough voices are not heard, who are un­ 1948 that I received the communi­ to see a model city rise fromthe represented and under-represented. cation that would ultimately shape ground up, and to see it and its Being a lawyer in a free society my destiny. The secretary of the people grow and prosper. It was my means making the time and having College of Law at the University of privilege to be elected to one of the the courage to take on cases of the Tennessee, Elvin Overton, notified early city charter commissions, poor, the underprivileged, or the me that I had been accepted as a which re-affirmed the model city criminal. And I believe that attor­ student at the College beginning manager system of governmentOak neys have a particular obligation to the fall quarter of 1948. As the fall Ridge chose when it began. use their training to participate in of 1948 rapidly descended upon me, GovernorNed McWherter government, whetherin the court my trepidation increased, and after appointed me to the Tennessee system or on the school board, the enrolling and attending my first Court of Appeals in 1987, and I was zoning board or city council. class, I realized that my trepidation later elected to that office in 1988. But what you do is not as im­ was not unfounded. For the first few I was elected to the Tennessee Su­ portant as that you do; that you give weeks of law school, I fe lt hopelessly preme Court in 1990. To be a Su­ something back to the community. lost, utterly confused, and not sure I preme Court justice, you need the You have a duty to use what you should be there. same qualities that you need to be have been given and to make where In 1948, the College of Law successful at any job: hard work, you live a better place. And that was located in Tennessee Hall on dedication, perseverance, devotion. will bring good fo rtune not only for Cumberland next to the Church It has also been my great personal yourself and your fam ily, but for all Street Methodist Church. Because fo rtune to have the love and support who live there. of the increased enrollment after the war, the building was literally

73 bursting at the seams. Moreover, professors, such as Karl Steinmetz broadcast of the Tennessee Vols in the building was quite aged and in for wills. Mr. Steinmetz was a prac­ away games. Mrs. Feerick always need of renovation. An arrange­ titioner in Knoxville, and I am sure saw to it that we had a little refresh­ ment had been made with the the students of my era will recall his ment while we enjoyed our game church to utilize the Sunday School favorite story concerningthe and a delightfuldinner afterwards. rooms during the week for the law carpenter's will. After graduating in December school classes. For the most part, all In the fa ll of 1949, I married of 1950, I returnedwith my Lucy to classes for first-year students were Lucy, and she obtained a job at the Memphis, my hometown. I had held in the church building. telephone company in Knoxville. been hired by Church and Church, My first quarter in law school We lived in the Veterans Village a firm that specialized primarily in was a rather traumatic experience, near the Agriculture School, and real estate, probate and general being bombarded with domestic with her job at the telephone com­ business-type practice. My salary relations, personal property, torts, pany and my job in the law library, was the magnificent sum of $100 real property, criminal law, and we were able to subsist, although in per month. Lucy was able to transfer legal bibliography. I may have this a very frugal manner. Times were with the telephone company to mixed up because my memory is a hard, and I could hardly wait to get Memphis and with her salary we bit hazy along that line; I do re­ out of law school. Now, as I look were still able to manage. We had member, however, that I passed all back on it, the time I spent in law no automobile, but public transpor­ of the courses. As I became accli­ school was probably one of the tation was quite adequate for our mated to this strange, new environ­ happiest times of my life. needs. ment, the going gradually became a In every course, the faculty After about a year, however, little easier. emphasized professionalism and the fa therhood was on the horizon. I was attending law school on ethical requirements of the profes­ Since Lucy would have to quit the GI bill, but knew that because I sion. They attempted to instill in work, more income on my part was had used part of my GI bill on my the students the service-nature of needed, and fortunately I was hired prelaw studies that I would be some­ the profession, and I can remember by TVA to work as a title lawyer. I what short of benefits in the latter so well the admonition "ifyou want worked for TVA for approximately years of law school. Professor to get rich, you're going into the 18 months, and although a happy Walter Garland was law librarian wrong profession." experience, I wanted to return to during my first year of law school, They stressed that the motiva­ the practice of law. and, in my second quarter, he hired tion for those entering the profes­ Colonel Warner, who was then me as a student assistant to replace sion should be service and a desire the assistant dean at the College of a graduating senior. to be proficient in performing this Law, knew of my desire and called Although the university was service. If that motivation is suc­ me one day about what seemed to not overly magnanimous in its pay­ cessful, monetary benefits will fo l­ be a good opportunity in the town ment to student employees, the low. Throughout my practice, I of Henderson, Tennessee. I looked position of assistant librarian was attempted to maintain that motiva­ over the situation along with my really a plum job because it afforded tion; and while I have not attained friend and law school classmate Ed the opportunity for a great deal of riches, I have been immensely satis­ Brown, and we both decided to go �tudy time while working. The li­ fied with my chosen profession. to Henderson and start practicing brary environment also created an In the fall of 1949, Professor law. While we had a most difficult incentive for work. I am forever Garland left the law school to go time financially getting started, we indebted to Walter Garland for into private practice and later did have a lot of fun, and I have a giving me that opportunity, not served as a very fine circuit judge. lot of pleasant memories of that only for the needed income, but for His replacement as professor and period in our lives. the research experience that served law librarian was Martin Feerick, Prior to leaving Memphis to go me well in my law practice and who came to the university from with TVA, I had applied with the continues to do so on the bench. New York. Mr. Feerick kept me on law firm of Lowell W. Taylor. Mr. I consider myself most fortunate as a student assistant. Since I was a Taylor was a prominent lawyer in to have had excellent professors senior, I did not have him as a pro­ Memphis and was considered one of including Dean William Wicker, fessor, but we worked closely to­ the finest trial lawyers to practice in Colonel Harold Warner, John gether in the library and became the city and surrounding territory. Baugh, Oix Noel, Elvin Overton, fast friends. L�cy and I spent many Unfortunately at the time I applied, Charles Miller, and Walter Gar­ a pleasant Saturday afternoon at the there was nothing available, but land. There were several adjunct Feerick home listening to the radio while I was in Henderson I received

74 a call from Mr. Taylor's office in­ experience are invaluable in recog­ quiring ifI was still interested in a nizing and attempting to solve the position with the firm. To make a problems and issues that come be­ Municipal long story short, after an interview I fore the Court. There is simply no was hired and shortly thereafter substitute fo r experience preceded moved to Memphis to resume prac­ by a good legal education. tice with a far differentform at. To the law student, I reiterate The experience of working with the advice I was given as a student. Mr. Taylor was invaluable and laid Have an intense desire to join a the real foundation of my ability to profession dedicated to service and continue in the practice of law. I become proficient in our chosen had a most happy time in Mr. profession. Proficiency must include Taylor's firm, but after several years, the highest standards of ethical felt that I needed to expand my conduct. If your motivation for opportunities. I took a position with entering the profession is to get another law firm to do exclusively rich, you have the wrong motiva­ trial work. I was later in a partner­ tion, although financial rewards will ship for several years with some fine eventually follow your accomplish­ ·lawyers and then was a sole practi­ ment of service and proficiency. tioner fo r several years. To the practicing lawyer, my In 1967, with John Thomason, advice is first and foremost if you a UT grad, and Roy Hendrix, a are unhappy about going to your Honorable Brenda Waggoner, '78 Vandy grad, the law firmof office every morning, you are in the Judge, Thomason, Crawford and Hendrix wrong place. The practice of law is Knox County General Sessions was formed. I practiced in that firm stressful and in most instances deals Court, Division IV until appointed by Governor Lamar with misery, but it should and can (Knoxville, Tennessee) Alexander to the bench in 1982. be conducted in a pleasant atmo­ I found the practice of law to be sphere with congenial and helpful challenging and indeed stressful. By colleagues. If you are not in that "I believe, and still do,that a the same token, it was a happy vo­ situation, you are in the wrong lawyer with his/her legal skills cation that I had chosen. Fortu­ place. and abilities has powerthe w nately, I had excellent mentors in My hope for all who join us is right any injustice done to others, my early years of practice, and my that your journey in the profession to see that the law is applied fa irly association with other members of will be as gratifying as mine has and equally to all, and w make the bar was always pleasant. My last been. our society a better place in few years of practice were devoted which to live . " primarily to various types of tort, business and anti-trust litigation. My appointment to the Court I have been judge of the Knox of Appeals in 1982 resulted in quite County General Sessions Court, a change in my professional life. Division IV, for more than 10 years. Having had the ambition for a long Prior to my appointment, election, time to be a judge, I fo und the tran­ and re-election to this position, I sition from advocacy on the one was the referee of the Knox County hand to impartial arbiter on the ] uvenile Court for eight years. I also other to be relatively easy. Work on served as director of court services the Court of Appeals is challenging for two years. and quite demanding, but the satis­ In june of 1976, I resigned as a faction of performing such a service tenured teacher and coach for Knox is immensely rewarding. County schools on a Friday and I was indeed fortunate to have began law school the next Monday. had a sound legal education at the I was not sure what to expect from University of Tennessee which was the law school experience, and, built upon by the tutelage of my honestly, it did not matter-! would mentors. My many years of trial not have been prepared for the

75 experience anyway. For me, law Not too long after this, Richard school was a totally different way of Reeves asked me to assist him in the life, learningand perspective. preparation and teaching of a gradu­ Administrative Law I had entered law school for the ate course in educational law deal­ Judges opportunity to become a lawyer to ing with Title IX (which had make a real difference in the every, recently been passed by Congress) day lives of everyday people. I be­ and its implementation in the pub­ lieve, and still do, that a lawyer lic schools. I actually taught the with his/her legal skills and abilities course and received law school has the power to right any injustice credit. I thoroughly enjoyed using done to others, to see that the law is my legal and educational skills on a applied fairly and equally to all, and topic of interest to me. to make our society a better place in Ofcourse, in my third year of which to live. law school, my clinical experience Needless to say, I floundered as a student and student assistant during my first year. My mentors took over my life. Jerry Black was became the women faculty of the and is an excellent lawyer. He is law school, who were Dean Mary Jo also an excellent teacher in the Hoover, Professor Martha Black, classroom and an excellent clinical Susan Kovac, and Nicki Russler. instructor. He became my mentor My support system also included my and friend. Professor Black left a class section, Law Women, and my lasting impression upon me. We Honorable William N. Cates, '7 1 intramural athletic teams. shared similar viewpoints about the Associate Chief Judge, It became eminently clear to law, its practice, and its purpose. National Labor Relations Board me during that first year that I not Through Professor Black, I finally (Atlanta, Georgia) only succeeded in the total law realized that it really would be pos­ school experience, but that I also sible to use my legal education to did extremely well in legal courses help make a real difference in the "Nothing proved as helpfu l in which were people-oriented. Dis­ everyday lives of everyday people preparing me for trying or covery that I excelled in such an with real, everyday problems while deciding cases as knowing the rules area of law kept me in law school. putting a little heart in the law of evidence coupled with Three law school experiences along the way. That is why I came the practical experience I received allowed me to find my niche in the to law school. That is why I stayed by 'hands on' trial work in the legal profession: working for the in law school. That is why I have Legal CUnic. " Public Law Institute; teaching a never looked back. class in educational law; and my As a judge, my greatestsat isfac­ After graduating fromEast clinical experience as a student and tion is being able to make a positive Tennessee State University at as a student assistant. In my second difference in the lives of the people Johnson City in June of 1964, I year, I was able to secure a part-time who appear before me. My greatest entered the military (captain para­ job working as an assistant for the frustrationas a judge is not being trooper and nuclear weapons officer, Public Law Institute. I worked di­ able to make a positive difference in U.S. Army) for four and one-half rectly for Richard Reeves who was the lives of all the people who ap­ years. After completing a tour (June the Institute's director. pear before me. 1966 to June 1967) as a combat I also had the opportunity to My advice to any law school commander in Vietnam and wish­ work with Professors GrayfredGray student who wishes to pursue a legal ing to continue my education, I and Neil Cohen. I had the pleasur­ career in the public sector is quite submitted my resignation to the able task of helping prepare (re­ simple: know who you are, know Army at that time. The Army ac­ search, write, and edit) a benchbook what is really important in life, and cepted my resignation but with an on juvenile law for judges in Ten­ know what you want to accomplish. effective date some 18 months nessee who had juvenile jurisdic­ Then, never lose sight of who you thereafter (November 1968); how­ tion. Once the benchbook was are, what is really important, and ever, the Army allowed me to enter finished, I was sent around the state what you want to accomplish. the College of Law while still in the to teach juvenile law to judges hav­ military commencing the fall quar­ ing that jurisdiction. ter of 1968.

76 The year 1968 was exciting in In 1980, I was appointed an admin­ Professor Overton was the most that a number of students, including istrative law judge with the Board motivational and inspirational pro­ some enrolled in the College of and in January 1988, I was ap­ fe ssor I ever knew. He made such Law, were very anti-Vietnam and pointed sssociate chief judge for the difficult classes as constitutional law anti-government. As I was still in Board in Atlanta, Georgia. and conflicts oflaw interesting, the military while attending my first In serving as a litigation attor­ even though for me those manda­ quarter at the College of Law, the ney and judge, I found the evidence tory classes were the most difficult. I Army required that I wear my uni­ classes (Professor Paine) and clinic am convinced what made Professor form to class. I was the only student assignments (Professor Miller) to be Overton great was simply that he that quarter in uniform while others the most helpful. Professor Paine loved and enjoyed teaching law. at the university adopted the dress made sure we students not only Third, and finally, have a little (and or grooming) styles of the late knew the rules of evidence but he fun as you go through school. In the 1960s. During the first few weeks taught, by role playing, how to ap­ words of a current television com­ that fall quarter, I wondered if I ply them. That type of instruction mercial "enjoy the ride." In that would "fit in." benefitted and assisted me the most. respect, Professor Raison demon­ Dean Warner, apparently sensi­ Also, and simply stated, Profes­ strated he enjoyed labor law and his tive to my concerns, called me aside sor Miller's clinic taught me how to method and style conveyed such to and pointed out the military back­ practice law. In fulfilling my legal his students. ground of and influence such had clinic obligations, I, on more than I am eligible, and am looking on certain members of the faculty. one occasion, experienced the firm forward to, retiring from the bench Dean Warner, I learned, as well as guidance (and/or fe ar) of United in the near future and returning to certain other fa culty members, were States District Court Judge Robert L. the greatest job one could ever colonels in the military. At that Taylor. In handling domestic rela­ have-being a litigation attorney. same time I learned certain other tions cases for Professor Miller's faculty members were very much clinic, I learnedfrom Judge Childs against the Vietnam conflict. that one cannot come to court less Thus, my first impression of the than fully prepared. College of Law was that it was a I was taught early the impor­ place where persons of diverse po­ tance of knowing, for example, the litical views (conservative, liberal, provisions of the Soldiers and Sail­ pro or anti-military or government) ors Relief Act. Judge Childs pointed could teach, study, and learnto­ out certain provisions of the Act gether with mutual respect for each regarding service to me in front of, other. Dean Warner's foresight in and to my embarrassment, the selecting such a diverse faculty clinic client I was representing. contributed greatly to my being able Nothing proved as helpful in pre­ to better appreciate the varying paring me for trying or deciding points of view that are advanced in cases than knowing the rules of court everyday. evidence coupled with the practical Upon graduating from the Col­ experience I received by "hands on" lege of Law in March 1971, I imme­ trial work in the legal clinic. The diately became a litigation attorney "lessons" (and there are many) I for the National Labor Relations learned, albeit mostly from embar­ Board in Atlanta, Georgia. I served rassing moments in trial, have as a litigation attorney for the Board stayed with and served me well. until 1976 at which time I was ap­ My advice to one seeking to pointed resident officer-in-charge of become a litigation attorney or trial the Board's Tulsa, Oklahoma, office judge is threefold. First, take all the serving the State of Oklahoma. evidence courses available and as­ I served in that position super­ sume as many clinic assignments as vising a litigation staffuntil I was the College of Law will allow you. appointed in 1979 as Southern Second, select one or two fac­ Regional attorney for the then­ ulty members that seem to have it newly-created Federal Labor Rela­ altogether and try to ascertain what tions Authority (FLA) in Atlanta. causes them to excel. In that regard,

77 crashed through the stack of dis­ "you guys" to "you dirty rotten son­ carded Wang terminals and into the of-a-" . break room. I conduct child support hear­ "Where'd you get that cup, ings for the Oregon Employment Lewis?!" Department, virtually all by tele­ "Why Judge Elmore, good phone, and by interagency agree­ morning," smarmed Lewis, fixing ment conduct hearings for the me with a look usually reserved for Water Resources Department. garden slugs. "Is this your cup?" There's not much factual connec­ "What do you think, Lewis?" tion between the questions of You dip. "And we're not 'judges,' whether John Doe's support obliga­ we're 'hearings officers.' " Or refer­ tion should be modified and ees. I was losing my edge. whether further appropriation from "Oh, I'm sorry. I'll try to be coastal streams should be closed to Honorable Stephen H. Elmore, '85 more carefulnext time, Honorable protect fast-fading salmon, but the Hearings Officer/ Elmore.'' administrative procedures are virtu­ Administrative Law Judge, "You'd better," I snapped off ally identical. I have to ensure that Oregon Employment Department behind her as she glided back to her each case, no matter how mundane & Oregon Water Resources sky-blue cubicle, visions of her role (and you wouldn't believe how Department (Salem, Oregon) as Ma Joad at the Heisman cere­ mundane!), stands on a firm proce­ mony dancing in her head. Next dural foundation. Many don't. And time she'd know better than to in Oregon, hearings officers must get to be one little comer of "I tangle with this government address constitutional issues that the government where people can bureaucrat! most states don't even allow hear­ expectfa ir treatment, a level Okay, toiling in state govern­ ings officersto address. playing field, anda fas t, ment doesn't have to tum you into Remember the problems that comprehensible decision." Walter Mitty, but it can help. In Little Toot encountered in learning reality, I don't have any turf battles to Stop for Red Flag Waving? I'm Ducking low, I scrambled be­ over coffee mugs because I tele­ one of the guys with the red flag, hind the receptionist's work station commute, conducting telephone and I love it. I get to be one little and peered over the low, gray, hearings from my home and com­ comer of the governmentwhere Herman Miller panel toward the municating with my colleagues by people can expect fa ir treatment, a break room. My fears were con­ fax, modem, and phone. After my level playing field, and a fast, com­ firmed. There stood Lewis, arm spouse goes to work, I have the prehensible decision. No Big crooked casually over the top of the coffee pot and the mugs completely Brother pushing the little guy Bunn Pour-0-Matic, regaling-she to myself. When bureaucrats go to around, no Sammy Slick pulling a was sure-an otherwise catatonic heaven ... fast one on the citizenry, no file clerk with the ninth edition of I'm a hearings officer according Jamdyce case generating a life of its how her little prince would pull the to one statute and have the official own as it drifts glacially through the Beavers out of their 30-year gridiron title of "employment hearings ref­ system. paralysis and carry them to the Rose eree" according to another. Yet a And I live in Oregon-home; Bowl. Damn, I knew it! She had my third gives me the working title of 50 miles from theworld's largest cup! My commemorative 9th An­ "administrative law judge," which ocean and its intricate tidal com­ nual District AttorneysChild Sup­ I'm free to use to fill up otherwise munities; 50 miles from the Cascade port Conference mug with the empty business cards, intimidate Mountains and their spectacular gold-flecked finish and a chip off otherwise too-casual witnesses, and geologic history; 50 miles fromPort­ the rim near the handle. Again! secure otherwise unattainable tee land, the country's most beautiful Collecting the fast-fading energy times (only the first actually works). city; 10,000 years of immensely from abody depleted by a 12- One colleague abandoned the diverse cultural history; Lewis and minute hearing that should've been title almost immediately after dis­ Clark's tum-around; the Eden at over in 10, I leapt from my secure covering the oppressive effect it had the end of the Trail; high desert; spot-earningbarely a glance from on trying to get dates. During our coastal rainforest; the Columbia a receptionist who could ignore an telephone hearip.gs, we get to be River Gorge; urban growth bound­ entire airborne division battling for everything from "your honor" to aries protecting every city, town attention at the frontdesk -and and village, and every farm, forest

78 and mountain; potlatches and ro­ And bless its heart for that. I During the eight years it took deos; semi-conductors and micro­ scrambled around during my hunt­ me to discover that my career path breweries; passenger trains and month and found nothing, so I was labeled "Oregon," Joann bicycle lanes; bluegrass and Bach; hung out a shingle and started try­ Gillespie Rothery in Career Ser­ and a governor who wore blue jeans ing to learnhow to be a lawyer. vices always was ready to listen, to his own inauguration. And did okay, mostly because I got guide, suggest, and just plain help. And it took eight and a half good referrals from former clients, Finally, during the three-years-that­ years to get here from law school. I indigent-defense appointments from seem-like-nine, I always could was sure that all the good jobs were the Knox County bench, and a count on the bountiful support, gone by the end of my third year. cornucopia of referrals from other sympathy, and encouragement of They weren't, even for someone family law attorneys in the Knoxville Fran Ansley, Judy Cornett, Carol who'd graduated in the top ten Bar, including my former employer. Nickle and David Gault, all local percent of the bottom half of the I worked for myself for eight practicing attorneys (then), and all class. I turned down a job offer from months and then was appointed the members of the local Lawyers an appellate judge, accepting in­ child support referee fo r the circuit Guild. stead an offerfrom a very small, and chancery courts in Knoxville. I Advice? Get to know yourself. very good firm in Maryville, Ten­ still don't know how I got picked, Figure out what you want your life nessee. And immediately flunked but I surely didn't fight it. I stayed to be like and try to make it hap­ the bar. Great. with it for three years and had a fine pen. If it works and you like it, Then I bailed out of the law time, but just couldn't ignore Or­ great. If it works and you don't like altogether (maybe attending law egon any longer. I applied for this it, try something else. If it doesn't school every summer hadn't been job by fax, was interviewed and work, you tried. We used to have such a good idea), going to work as hired by telephone, took a ten per­ vast herds of buffalostampeding a project manager fo r a non-profit cent pay cut, loaded the covered through the American landscape. design group. Eight months of that wagon, and hit the Oregon Trail. Now we have vast herds of unhappy convinced me that the legal profes­ Obviously law school played a lawyers stampeding through Ameri­ sion was pretty darned attractive role in my working in the law; the can culture. Stay out of herds! afterall. J.D. is a pretty necessary piece of So, after a very brief (but far paper to do much. I also found law too long) job clerking at a firm that school to be an often boring and appeared more on TVthan in court, irrelevant backwater. The same I got hired by the same appellate infinite details that fascinate me in judge I'd turned down a year-and-a­ my current work irritated me in my half before-who then announced law school work. I'm more an ap­ his retirement a month later. (Not prentice learner than a book my fault, I swear.) learner, and outside the Clinic and Then Riley Anderson came writing classes, law school never along. He'd been in private practice pulled the outside world in to me. I in Oak Ridge since he'd graduated needed that. Still, I had some su­ law school some 30 years before. He perb teachers. was appointed to replace my retired Durward Jones could've taught judge, and rescued me from the auto mechanics, ditch digging, or stranded-clerk bin. And during the particle acceleration and made it next 18 months, gave me the legal utterly fascinating. He is the best education that I'd managed to fight natural teacher I've ever seen. My offduring three years of law school. writing classes with him, with Jerry I passed the bar on my second Phillips, and with Pat Hardin gave try and got picked up by a very me an opportunity to do something small, very good domestic relations with legal issues other than merely firm in Knoxville, which, in a fitof identifying them, and I learned good sense a year later, fired me, more writing by being Judy convinced that I'd never be a trial Cornett's teaching assistant than I'd lawyer by hanging out in the break learned in the previous 17 years of room, arm crooked casually over the formal education. top edge of the Bunn Pour-0-Matic.

79

Fellowships and Funding Sources in How to Get a Public Interest or Public PubUc Service ( Boalt Hall Career Service Job (University of Virginia Resources for Public Library, 1992)-Alerts you to the School of Law, 1992)-Tips on Service Careers availability of funding sources and landing a job in the public sector provides some practical ideas for fromthe placement office at the writing effective grant applications. University of Virginia School of Law. Fellowship Opportunities Guide (Yale The following resources can be Law School, 1996)-An index of Law Firms and Pro Bono (National found in the College of Law Career 200 organizational listings with Association for Public Interest Law, Services office andmay be checked thousands of fellowship opportuni­ 1993 )-A compilation of pro bono out by students and alumni/ae. ties nationwide and abroad. programs and activities at law firms Public Interest Organizations supporting students' public service Finding a Public Interest Job in efforts. AmeriCorps Legal Programs (National Today's Market (5th Annual Public Association for Public Interest Law, Interest Careers Program, 1991 )­ Lawful Pursuit: Careers in Public 1995)-A list of contact names and Examples of resumes and cover Interest Law (Ronald W. Fox, addresses for several of AmeriCorps letters specifically written for public 1995)-An introduction to public legal and law-related programs. interest job searches. interest law, with information on career paths, setting goals, evaluat­ From Private Sector to PubUc Interest The Complete Guide to Public Em­ ing the public interest job market, (Ronald & Caryl Krannich, (Boalt Hall Career Library, 1992)­ ployment and the job search. 1990)--0pportunities and strate­ Tips for lawyers and law students gies with federal, state and local who are currently working at private Legal Services Corp.Directory (Legal governments; non-profit organiza­ firms, but would like to move to Services Corp., 1995)-A listing of tions; foundations; research organi­ public interest employment. Legal Services Corp. members in zations; and political support groups. the U.S. Also includes a listing of Giant Killers (Michael Pertschuk, funded programs for 1995. Directory of Legal Aid and Defender 1986)-A fascinating and educa­ Offices in the U.S. (National Legal tional account of the realities of Liberty and Justice for All: Public Aid & Defender Association, lobbying in the nation's capitol. Interest Law in the 1980s and Beyond 1991)- Lists of civil legal aid of­ (Nan Aron, 1989)-Explores the Goodworks: A Guide to Careers in fi ces, defender offices, programs for "coming of age of public interest Social Change (Jessica Cowan, special needs and support services. lawyers and citizens' groups." 1991)-A list of more than 800 Directory of Minority Programs/In­ career opportunities in public inter­ NALP Pro Bono Guide for Law ternships (National Association for est law. Students (Stacy M. DeBroff, Esq., Law Placement, 1993 )-Lists more 1991)-A guide to evaluating pro A Grant-Seeker's Guide to Funders in than 150 programs and provides a bono work in a law firm practice, Central Appalachia & the Tennessee wealth of ideas to stimulate the this book suggests questions to ask Valley (Appalachian Community imagination, along with contacts prospective employers, examines Fund, 1997)-A directory of more who share what they have learned. the personal benefitsof pro bono, than 400 funders making grants in and describes numerous models of Directory of Public Interest LawCen­ northern Alabama, northern Geor­ successful pro bono programs. ters (Alliance for Justice, 1994)-A gia, easternKentucky, western comprehensive directory of public North Carolina, southeastern Ohio, NAPIL Post-Graduate Fellowships interest law centers arranged alpha­ southwesternVirginia, and the Guide (National Association for betically, according to the program entire states of Mississippi, Tennes­ Public Interest Law, 1995)-A emphasis, and by geography. see and West Virginia. compilation of public interest fe l­ lowship opportunities for lawyers District of Columbia Public Service Handbook on Public International working for social change. Directory (Washington Council of Work (Stacy DeBroffand Dana Lawyers, 1995 )-A listing of pro Bullwinkel, 1994 )-Facilitates the NAPIL Directory of Public Interest bono and public service organiza­ job search for students exploring Legal Internships (National Associa­ tions in the D.C. metropolitan area. careers in this field; lists fe llowships tion for Public Interest Law, 1997)­ and internships, application proce­ This book contains information on dures, and career narratives of Har­ more than 120 organizations and vard students discussing varied includes perspectives from employ­ career paths. ers and students.

82 NAPIL Guide to Public Interest Ca� Public Interest JobSearch Guide than 80 fe deral practice fields, in­ reer Resources (National Association (Harvard Law School, 1997)-A cluding descriptions of agencies, for Public Interest Law, 1992-93 )­ complete guide to finding a job in locations,and application informa­ An annotated bibliography of direc­ the public interest sector. Chapters tion. tories, clearinghouses and periodicals include: myths about career paths; Federal Job Application Kit (National for use by law students engaged in a job search strategies; resumes and Association for Law Placement, public interest job search. cover letters; networking; inter­ 1995)-A comprehensive guide to viewing tips; and contact lists. National Lawyers GuildDirectory applying for a federal job with info (National Lawyers Guild, 1993 )­ The Public Service Employer Directory on completing the new application A directory of NLG members; the (Law Schools at the Universities of forms. NLG is a national network of more Michigan Chicago, 1996 )-This & Federal Legal Career Options: Leads than 6,000 socialchange-oriented directory will acquaint you with the and Sources (Linda Cinciotta, members who look upon the law as rich variety of public service legal 1989 )-A compilation of federal an instrument fo r the protection of organizations and provide you with agency contacts that provides useful the people. the tools for finding satisfying leads for your job search. employment. Native American Law Students Asso­ Federal Resume Guidebook (Kathryn ciation (article in the Minority Law Sticking With It: A Three-Year Plan K. Troutman, 1996 )-Spells out Journal, Spring 1995)-Information for Law Students Pursuing a Career in how to write an effective fe deral on applying fo r tribal court Public Service (Boalt Hall Career resume, with examples and tech­ clerkships and internships. Library, 1992)-Concrete sugges­ niques for organizing resume sec­ tions for developing a strong public Non-Profits'Job Finder (Daniel tions to target an announcement. interest background and skills in Lauber, 1994 )-Information on the order to best pursue public interest Lawyer's Guideto State Government best sources of job openings, intern­ employment during and after law Hiring Procedures (Vermont Public ships, and grants in education, re­ school. Interest Action Project, 1993 )­ search, social services, organizing, Designed to provide law students environment, association manage­ Why Not Work for a Change ? and attorneyswith a starting point ment, and the rest of the non-profit (Advocacy Institute, 1996)-An to begin to uncover career opportu­ sector in the U.S. and abroad. introduction to careers in social nities with state government. change that include informative Opportunities for Research Study: & books, periodicals, newsletters and National Directory of Prosecuting Women's Programs (Paulette internships. Attorneys (National District Tulloch and DebraL. Schultz, Attorney's Association, 1992)-A 1994)-A descriptive list of the Government guide to state prosecution systems fe llowships, affiliated scholar pro­ and an index of prosecuting attor­ grams, grants and internshipsspon­ America's Federal ]obs (U.S. Office neys by state. sored by the National Council for of Personnel Management, 1991 )­ Research on Women. A directory that provides informa­ Now Hiring: Government Jobsfo r tion on all the major agencies of the Lawyers (Abbie Willard Thorner, Pro Bono Children's Law Programs fe deral government, including what 1990-91 )-Lists of legislative, judi­ (American Bar Association, they do, types of jobs available, and cial and executive branch offices 1994)-Lists over 100 projects where to obtain additional informa­ that hire attorneys; also indepen­ which represent children. tion. dent agencies. Public Interest Employer Directory CongressionalCaucus for Women's State and Local GovernmentDirectory (University of Chicago and Colum­ Issues (prepared by the Congres­ of Resources (NALP, 1993)-Listing bia University law schools, 1993 )­ sional Caucus for Women's Issues, of state and local governmentagen­ A list of employers fromacross the 1992 )-A directory of selected cies that hire attorneys; 46 states country, their practice areas, and organizations interested in women's and the District of Columbia. information about each. issues. Summer Legal Employment Guide Public Interest Handbook (Geoffrey Federal Careers for Attorneys (Fed­ (Federal Reports Inc., 1994 )­ Kaiser and Barbara Mule, 1987)-A eral Reports Inc., 1991) and Federal Summer job openings for the fed­ guide to legal careers in public in­ Law-RelatedCareers (Federal Re­ eral government, international terest organizations, with more than ports Inc., 1994 )-These two books organizations, national political 350 agencies from all 50 states. are a guide to legal careers in more

83 organizations and legal services about the legal profession with Government Agencies programs. name and address information for Affirmative Action Register fe deral judges in the U.S. The Washington Want Ads: A Guide http://www .aar-eeo.com to Legal Careers in the Federal Gov, Academic Environmental Protection Agency emment (Fabia Harris, 1980)­ http://www .epa.gov Descriptions of thousands of jobs in Breaking Into theAcademy (Michi­ more than a hundred legal offices in gan Journal of Race & Law, Federal GovernmentWeb servers the country's executive depart­ 1996 )-A guide for aspiring law http://www.law. vill.edu/Fed-Agency/ ments, judicial organizations and professors, with lots of advice and fe dwebloc.html independent agencies. resources. Federal Jobs Uncloaking Law School Hiring: A http://www.fedworld.gov/ Judiciary Recruit's Guide to theAALS Faculty index.html The American Bench (Forster-Long, Recruitment Conference (from the International Civil Service 1997)-A comprehensive directory Journal of Legal Education, Sept. Commission of the judges of the nation, includ­ 1988 )-This article is an attempt to http://www.un.org/Depts/icsc/ ing biographies of fe deral, state and disclose the fa cts about law school ics_home.htm local judges. hiring for the newcomer who wants to break into legal education. Office of Personnel Management Chambers Handbook (Federal Judi­ (OPM) position listings cial Center, 1994)-An excellent http://www .fedworld.gov/pub/ resource for anyone considering a Public Service jobs.jobs.htm judicial clerkship. Chapters include the role of a clerk; conduct, proto­ Information on the Tennessee State and Local Govern­ col and ethics; analysis of litigation; World Wide Web ment information court management; and legal re­ http://lcweb.loc.gov/global/state/tn­ search and writing. gov.html

Directory of ChiefJudges of Courts of Public Interest Organizations Tennessee's Job Search Appeal (Council of Chief Judges of http://www .tn.j obsearch.org/ Alliance for Justice the Courts of Appeal, 1993 )-Lists http://www .essential.org/afj U.S. Department of Justice names, addresses and phone num­ http://www.u�doj.gov/car eers.html bers of judges across the state. AmeriCorps http://www. Directory of Minority Judges in the Academic United States (American Bar Asso­ Essential Home Page (many American Association of Law ciation, 1994 )-A directory of grassroots organizations use Essen­ Schools African- American, Asian/Pacific tial Information's Web server) http://www .academploy .com Islander, Hispanic and Native http://www.essential.o rg/ American judges in the U.S. Chronicle of Higher Education National Association for Public http://www. chronicle.merit.edu 1995 Guide to State Judicial Clerkship Interest Law-http://www.napil.org/ Procedures (Vermont Law School, National Lawyers Guild Miscellaneous 1995 )-Current information on the http://www.masde f. org/serv/ application procedures, timing, American Bar Association salary and hiring process for judicial National Service Legal Corps http://www .abanet.org clerkships in all 50 states. http://www.napil. org/nslc.html Yahoo: Business and Economy: 1994 Judicial Clerkship Directory Public Interest Organizations: Public Interest (National Association for Law http://www.law.umich.edu/aca­ Groups Placement, 1993 )-Judicial clerk­ demic/opsp http://www. yahoo.com/ ship information for individual Public Interest job listings fe deral and state judges throughout http://www .essential.org/goodworks the U.S.

The Lawyers Almanac (Aspen Law & Business, 1997 )-A leading ref­ erence to vital fa cts and figures

84 theI:Wv erSil¥ofTeun�. Kr0xvill�·lkes not disditninateon th( basiso(�e, s.ex, ropr,rt'ligiorr, nat:ioni\l'QI!l!Pn,��ge,