Likelihood of Success

Ron Coleman’s pretty good blog

Goodbye, Matty

Posted by Ron Coleman on March 26, 2009

My mentors… they’re leaving me all by myself.  Less than two years ago it was Mr. Lowenstein, not quite a mentor for he was already semi-retired when I joined his firm, and not an active litigator.  But I knew him, and he gave me warm encouragement and inspiration.

Now I’ve learned that earlier this month, his former partner, and one of the “names” at the old Lowenstein Sandler Kohl Fisher & Boylan, passed on.  Now this was a mentor, and of course not only to me, though, like all my mentors, not long enough; but he always remained a friend.  I could always count on his warm greeting on those increasingly rare visits to the old place; he might send a book that someone had sent him, with a handwritten note, though, saying why he thought it was for me.

I phoned Matty, and only one other older lawyer besides him, shortly after I started my own practice and was threatened by a punk associate  at Fox Rothschild with being personally sued — sued! — because of my aggressive work on a case which demolished his preposterous, junky claims against my client.  (This lad, who once reported to me at yet another former firm, was canned shortly thereafter and is now evidently off the grid.)  I knew that Matty was among the few who could tell me how I should handle it.

Read a minute.  The real story is the third paragraph, but to understand its significance you must read the first two.  Please, take a moment:

Mr. Boylan, or “Matty” as he was known to his contemporaries, joined the firm in 1969, when its offices were at 744 Broad Street in Newark. During his near 40-year career with Lowenstein Sandler, he was one of the driving forces of its growth into one of the largest and most respected law firms in the state. Mr. Boylan was on everyone’s short list of trial lawyers, sought after by the government, major corporations and individuals to handle their most important criminal and civil cases. His command of the facts and law, and quick wit, always served his clients well, whether he was appearing before a judge, jury or administrative agency. His clients at the firm included Fortune 500 companies in the pharmaceutical, chemical and communications industries, and also small shop owners and individuals faced with some injustice, whom he always found time to represent without expectation of payment.

Before joining Lowenstein Sandler, Mr. Boylan served as an Assistant United States Attorney, receiving a special commendation from then-Attorney General Robert Kennedy for the first successful prosecution of a high-ranking official of the International Brotherhood of Teamsters. In 1969, Mr. Boylan was appointed Special Prosecutor for murder trials in Passaic County, and in 1972 he was appointed by New Jersey Attorney General George Kugler, on the recommendation of Chief Justice Weintraub of the NJ Supreme Court, to prosecute a sitting State Cabinet officer. Mr. Boylan served as Director of the Division of Criminal Justice of the State of New Jersey during 1974 and 1975. After his return to Lowenstein Sandler, he was appointed to defend an accused Russian spy in a criminal trial in the United States District Court. Mr. Boylan was also a founding member of the New Jersey Trial Attorney Certification Board (1980 to 1984) and was elected a Fellow of both the American College of Trial Lawyers (1985) and the American Bar Foundation (1992). . . .

A generous colleague and friend, Mr. Boylan always made time to help other lawyers at the firm with whatever legal issue was troubling them. He was especially known for his mentorship of young litigators, whom he helped nurture by involving them in high-profile cases that would provide them an early opportunity to demonstrate their talents and make a name for themselves in the wider legal community. Mr. Boylan’s interest in others extended to secretaries and other staff; he rarely walked down the hall without stopping to inquire about the health of a family member who might be under the weather, or to exclaim about the latest baby photo. Moreover, he could be counted on to arrive with pizzas when others were working late, or when the press of work made them miss lunch. The Irish soda bread he always brought in for Saint Patrick’s Day was also a great hit.

Matty loved his people.  As I remember it, he was a good Catholic, too.  He really had a heart as big as all outdoors, where he should have brought those honking big stogies, too, but seeing as he was Matt Boylan what could you say?

There’s hardly room for real characters like Matt Boylan in the upper echelons of corporate law any more.

Believe me.

Posted in Heart and spirit | 2 Comments »

Chillin’

Posted by Ron Coleman on March 26, 2009

Instapundit:

SHOULD THE PRESIDENT BE working harder? I think he should take as much time off as he wants.

You have to click to see the great photo (duly licensed by Pajamas Media from Reuters via, it seems, the New York Times — who’d-a thunk!) of the POTUS having a public brew at a roundball game.

I agree with Glenn Reynolds. I have always found this petulant nonsense about how many vacations or much vacation the President takes — a favorite of BDS victims — really annoying. He’s the chief executive.

We’re not looking for another Jimmy Carter, up all night distributing the White House tennis court slots. Or anything for that matter. After all, the President’s already turning grey from the stress!

Posted in Heart and spirit, Jocularity, Medialites | 1 Comment »

Directions to Carnegie Hall

Posted by Ron Coleman on March 24, 2009

Bruce MacEwen comments on my wasted youth by way of recommending Geoff Colvin’s Talent is Overrated:  What Really Separates World-Class Performers from Everybody Else:

This book, based soundly in empirical research, delivers the hard message that true excellence depends upon hours and hours (10,000 hours, to be precise) of “deliberate practice”—be it the young Mozart composing, the young Tiger Woods practicing, or any aspiring concert violinist.  The same, by extension, is true of surgeons, mathematicians, CFO’s—and lawyers and writers.  As Colvin puts it, this is good news Henny Youngmanand bad news:

“What would cause you to do the enormous work necessary to be a top-performing CEO, Wall Street trader, jazz, pianist, courtroom lawyer, or anything else?  Would anything?  The answer depends on your answers to two basic questions:  What do you really want?  And what do you really believe?  [Knowing w]hat you want — really want — is fundamental because deliberate practice is a heavy investment.”

Talent is not just overrated.  It can actually be the single biggest factor militating against achieving excellence there is.

From what I hear.

UPDATE:  Yep, it’s even more true regarding kids (via Insty):

Our society worships talent, and many people assume that possessing superior intelligence or ability—along with confidence in that ability—is a recipe for success. In fact, however, more than 30 years of scientific investigation suggests that an overemphasis on intellect or talent leaves people vulnerable to failure, fearful of challenges and unwilling to remedy their shortcomings.

We all know these types, don’t we?  Bright, bitter bums.

Now, ultimately people are not merely clay in the hands of their environments and genes — they do make choices.  But for much of their early lives, they don’t.  Making good choices later in life can be a challenge when the wrong ones are made for you early on.

Posted in Edumacallit, Heart and spirit, Homo sapiens, O Mores! | 2 Comments »

Word out

Posted by Ron Coleman on March 24, 2009

Words to avoid in real-estate ads: safe, quiet, family-friendly, bachelor’s, walking distance [UrbanDigs.com, New York Post] And better not mention the quadruple murder in the house either [Fountain]

Via Overlawyered.

Posted in Lex scripta | Leave a Comment »

New York City is kind to photographers

Posted by Ron Coleman on March 23, 2009

New York City Hall and lampost, 10:40 AM

Also to bloggers with BlackBerry cameras but not much to say on a given day.

This is the view of New York City’s City Hall, by the way, that greets you a few paces after you emerge from the “Brooklyn Bridge” stop of the 4 / 5 / 6 train, which is where lawyers get off to go the state and federal courthouses at Foley Square.

Being greeted by such a sight of a chill spring morning en route to rendezvous with an adversary at the Ex Parte Clerk’s Office at 60 Centre Street is almost enough to save the humanity of the practice of law from certain kinds of clients… and certain kinds of judges… and certain kinds of adversaries.

And certain kinds of clerks.  Not at that office, by the way, where they are perfectly courteous, as they ply their trade in their antiquated diggings. There this morning I sat next to a matronly middle-aged black woman, unable to afford her own lawyer, waiting for the return of that clerk who had given her some hopeful words earlier and volunteering to me her need for someone to help her with $19,000 in back child support.  After I expressed my sympathy but declined to take the hint, she turned to gently muttering messages of hope and desperation to herself in an oddly optimistic singsong.  It was a melody and a lyric that surely were meant not only for God but for His double-breasted servant right beside her to hear.

What can I tell you?  Some things I can’t help with.  I don’t even know how to work those parts of the machine.  And besides, what is the chance that the man who fathered her asthmatic daughter has $19,000 sitting in the cookie jar for a judge to order turned over to them under any scenario?  She may succeed in securing his further punishment and further assurance that his ability ever to earn it will recede even further as he cools his heels in Rikers Island.  That’s what the law can do for her.

I can’t help her, and no one there can, really.  She runs still into these profound, photogenic buildings that promise municipal salvation, and she prays for the magistrate to, by the stroke of a pen, bring forth loaves and fishes, and healing too.

These muscular edifices promise so much, but in the long run they keep their word, mainly, to the eye.

Posted in Americana, Heart and spirit, Lex scripta, Metropolis | Leave a Comment »

The sweet spot

Posted by Ron Coleman on March 22, 2009

Scoble’s love-hate relationship with Facebook is on the upswing. He explains First, you’ve gotta realize that in Facebook is “moving from phase four to phase five” out of seven in its development cycle right now, and that in each phase there’s been push-back from users and threats of rebellion:

Here’s the phases of Facebook:

Phase 1. Harvard only.

Phase 2. Harvard+Colleges only.

Phase 3. Harvard+Colleges+Geeks only.

Phase 4. All those above+All People (in the social graph).

Phase 5. All those above+People and businesses in the social graph.

Phase 6. All those above+People, businesses, and well-known objects in the social graph.

Phase 7. All people, businesses, objects in the social graph.

Phase 5 is known as when Facebook is really going to find its business model. This is why Mark Zuckerberg is absolutely correct to say he can’t listen to people who wants Facebook to get stuck in Phase Four. It was a nice phase, yes, when Facebook only had people in the social graph, but those days are over. . . .

Zuckerberg is a real leader because he doesn’t care what anyone thinks. He’s going to do what he thinks is best for his business. I wish Silicon Valley had more like him.

Look,on the other end of the spectrum from elitism and tone-deafness as to the people you’re serving — the most typical, though partly unfair, criticism of Detroit — is demagoguery, which gives you both bad government, P.T. Barnum-quality attractions and a short-term mentality.  And of course we’re not talking about courtesy and deference here.  We’re talking about business planning.  More:

My former boss, Jim Fawcette, used to say that if you asked a group of Porsche owners what they wanted they’d tell you things like “smoother ride, more trunk space, more leg room, etc.” He’d then say “well, they just designed a Volvo.”

When a client tells me he wants me to run each and every microdecision and communication by him, I tell him to find someone who happens to have a law license who will sell him those services; I’m a lawyer, and that’s not what I do for living.  I sell experience, judgment and insight, and I stand behind my work in the long run.

And don’t think for a second that if I gave him the first option, he wouldn’t hold me responsible for the down-side anyway.

Your customers and clients can’t call the shots.  At least not all at once, and certainly not when they’re just reacting to change, which they will usually do negatively. Clients can choose to hire someone who operates their way or my way, something in between or something even far beyond me in terms of detachment.  It’s true in every field.  Finding that sweet spot between delivering a product or service that your customer or client will want to come back for, not just tomorrow but in a year, is what it’s all about. It’s the difference between “true democracy” and republican government; the House and the Senate; junk food and nutrition; TV and the stage.  Why, Scoble has probably even figured out how to get my knees to stop hurting when I walk up the stairs.

But for now, I like his point about business.  Of course, it helps if, like Zuckerberg, you’re not charging customers any money yet, and you’re not quite risking the massive equity of a legacy brand leader with dominant marketing share — see New Coke.

Listen to your customers, yes; obey them, no. (Via Techmeme.)

Posted in Futurama, Gelt, Politics and Poker, Social networking, Stragety | 4 Comments »

The luxury of liberalism

Posted by Ron Coleman on March 21, 2009

Evan Sayet, per John Hawkins:

[W]hen you’re young and you’re on the college campuses and you don’t have a job, you’re not paying taxes. You’re not starting a business. You don’t have to worry about environmental policies that are ridiculous.

You’re living on these college campuses where no matter how much you binge drink, no matter how much you projectile vomit, no matter how much you go wild for the cameras in Cancun and strip naked, the next day you wake up on a campus with lush manicured lawns. You wake up in an ivory covered two room mansion. You wake up and somebody else has
bought your food, cooked your food, serves you your food, and when you’re finished, cleans your dishes for you. . . .

Then you have the other side that you mentioned, the celebrities who have been retarded at the age of the child by their fabulous wealth. These are people who never have to recognize right and wrong, better and worse. They don’t have to make decisions in which those have consequences. You know, of course, Bruce Springsteen doesn’t have to choose between putting money away for his retirement or spending it now.  He can spend it now and have hundreds of millions for retirement too.

Susan Sarandon doesn’t have to choose between not getting a new car this year because the rent may go up. She buys lots of houses and lots of new cars. But, []celebrities [are]  isolated from the consequences of their beliefs by their money. This goes to professors as well that are on the left at college campuses. They can’t get fired no matter how bad they are at their job. That isolates them from the need to be smart. It isolates from the need to be right. It isolates from the need to be good.

Well, I guess they have to have been good, or smart, at some point.  And I don’t know if Bruce is that rich.  But by and large I like his point.

Posted in Liberal punks, O Mores! | 2 Comments »

Geithnergeist

Posted by Ron Coleman on March 19, 2009

Jimmy at the Sundries Shack thinks we’re in the final days, and that the bus just may be experiencing that sickening “bump” any time now.

I can’t imagine the Administration acknowledging having erred on this choice so fast and so straightforwardly.  And besides, is this really something conservatives want to cheer for — the sacrifice of a single scapegoat over a comprehensively poorly executed, much less conceived, policy of stunning scale?

Yeah, I thought so.

Posted in Politics and Poker | Leave a Comment »

Social Ism

Posted by Ron Coleman on March 18, 2009

It’s a transformational moment, all right — this item keeps popping up:

According to Nielsen Online, more people in the US and other leading digital countries worldwide are using social networks and blogs than e-mail.

While search and destination sites remain the most popular online activities, social network and blog use exceeded that of e-mail, increasing their reach by 5.4 percentage points.

This is astonishing when you consider all that email.

The only thing is, I can’t figure out what they’re measuring.  Is this literally what they mean:  “More people” are “using” social networks than email?

That is categorically impossible, because you can’t sign up for a blog or a social networking site without having an email address.  Nor is it conceivable to me that there are people who blog and use social networking but don’t send and read emails.

I wasn’t able to figure this out at the Nielson link.  Anyone?

Posted in Nuvo-Techno, Social networking | 8 Comments »

Award winning journalism

Posted by Ron Coleman on March 16, 2009

Instapundit features David Frum’s coming-out Newsweek cover, and a leading contender for his ongoing efforts to garner a “Strange New Respect” award.

The stomach, it turns.

Posted in Medialites, Politics and Poker | Leave a Comment »