Building On Solid Ground
I was reading The Tony Evans Bible Commentary on 2 Thessalonians by Dr. Tony Evans of the Oak Cliff Bible Fellowship in Dallas, Texas. As I read, I was struck by the nexus between having a proper Christian foundation and having a successful mediation. Heck, while we are at it, having a successful law practice. And while we are on the subject, being a well-respected Judge.
Relative to the text of 2 Thessalonians 2, Dr. Evans states as follows:
“To build a doghouse, you don’t need a foundation. But you do need one to build a house. And to build a skyscraper, you need a deep foundation. Many want to be skyscraper Christians, but don’t want to pay the price of digging a foundation.”
Foundations Of Professional Respect
I found that interesting. During my time as a practicing lawyer, then as a family court judge, and finally as a family court mediator, I am amazed at the different levels of competence and effectiveness of lawyers, as well as the different views lawyers have as to the competence of various judges. (That is to say, there are family court judges that are well-respected and those that aren’t so well respected…)
And what separates one group from the other is so simple—the difference between a good lawyer and a not so good one; and the difference between a well-respected judge and one that is not respected is how willing they are to pay the price of DIGGING a foundation.
Paying The Price
Last year, I had to have a gas line strung through my property. The bids to dig an 80’ gas line ranged from $2400 to $2800. Just to dig 18” down for 80’! $2400!!! I thought that was extraordinarily high. Then I thought about it: Do I want to dig an 80’ trench 18” down and save $2400? Umm, the answer was “NO”. It was too hard. So I let them dig.
What True Preparation Looks Like
That begs the question: What constitutes the kind of foundation that successful lawyers and well-respected judges dig?
–THEY DIG into the statutes to see what the statutes really say.
–THEY DIG into the caselaw to see what cases have come down from the appellate courts lately and how those cases impact their practice. (Can you say “Mehta”?)
–THEY DIG into continuing legal education seminars to hear from the experts in the field on topics that are of enormous impact to them.
–THEY DIG into the cases that come before them so they are prepared for any contingency that may arise.
–THEY DIG into the pre-trial preparation to insure that the testimony and evidence they want to admit, and what they need to keep out, is admitted or kept out.
How Does All This Digging Affect A Mediation?
So why would that matter to a family law mediator? Because the more the lawyers dig into the preparation for mediation, the greater the chance the case settles at mediation. That saves your client money, angst, anxiety, sleepless nights, and the prospect of not having to deal with a judge who may or may not have DUG into the statutes, DUG into the case law, and DUG into his or her preparation of the case to render and proper order.
Credentials Aren’t Enough
Look at it this way: you are going in for surgery. Do you want a doctor who actually takes his or her continuing education seriously? Who keeps abreast of the latest advances in his or her field? The newest techniques? The newest equipment? One who consults with experts in the field on the specifics of your case?
Or someone who just has the title, “Doctor.”
Lasting Ramifications Of Failure To Dig
When I grew up, my family lived in a very small little town. I was the youngest of six kids. My oldest brother was 16 or 17 when I was born. (We were Catholic, what can I say?) We had a family dentist, and by the time I came along, this guy was old. And I don’t mean old like I’m old now. I mean, ancient-of-days old. He was close to retiring. His drill was driven by a series of pulleys. PULLEYS! And the idea of putting Novocain on a Q-Tip and holding it to your gums before giving you a shot? It never occurred to him. I begged my parents to switch to one of the new dentists in town who practiced “painless dentistry.” OH, how I longed for painless dentistry! But as I said, we lived in a small town, and there was no chance they were going to let him know we were going elsewhere.
So I paid the price for that….and I STILL hate going to the Dentist!!!
The Duty We Owe Our Clients
We are Doctors of Jurisprudence. Our clients are our patients. We have a duty toward them. We can’t just phone it in and let them hold a grudge against lawyers and judges for the rest of their lives. We owe them a duty. We owe the profession a duty.
In 2 Thessalonians 2:15, the Apostle Paul writes, “So then, brethren, stand firm and hold to the traditions which you were taught, whether by word of mouth or by letter from us.” Relative to that passage, Dr Evans writes, “Too many are fast-food Christians or spiritual hitchhikers, desiring convenience and a free ride. The Christian life is based on long-term perseverance. If you only follow Christ when he gives you good things, and not when you struggle, then you’re not following Christ at all.”
That brings up an interesting question: Are you a fast-food lawyer? A fast-food judge? Are you a legal profession hitchhiker, just wanting convenience and a free ride? That is, are you just wanting to rake in that retainer, do the minimum amount of work, and then just mail it in? As a judge, are you just wanting to do enough to get re-elected?
That cannot be! We have too great a duty to our clients and those who appear before us. For many of those people, they are going through perhaps one of the most traumatic ordeals in their life. We have a duty unto them. To do our best!
Dig—And Keep Digging
When Judge Millard and I were on the bench in the 328th, we dug. We talked about tomorrow’s cases today. We analyzed the affidavits, pleadings, and statutes that were involved. We reviewed the history of the case. If briefs were filed, they were read. Why? Because the burden of making the right decision in a case was entirely on us.
That same commitment to wanting to do the right thing, wanting to be prepared beforehand, wanting to be knowledgeable of the various statutes that are involved in various cases continues to drive us at ArmatysMillard. We understand that mediations can affect the parties’ lives for years to come.
We aren’t like those road crews you drive by. You know—the ones where there are five guys looking at a hole in the ground and there’s one guy digging.
WE DIG!
