Why Brian Williams Lied About His Combat Experience

"Every man thinks meanly of himself for not having been a soldier, or not having been at sea."

Samuel Johnson said that. By the way, h/t to Ace for bringing that quote to mind.

By now, we all know that Brian Williams lied about being in a helicopter that was shot down during the Iraq war. Here's a video of Williams lying about the event, in detail, to David Letterman. I have been thinking about why he lied about this event. People defending Williams have tossed out this "memory is complicated" idea, in an attempt to let him off the hook. For instance, people are saying things like:

"He was in the helicopter in the sense that we are all in the helicopter. We are the ones who misremember. Misremember, conflate."

What? We are all in the helicopter? What is that even supposed to mean? Memory isn't complicated. You're either in a helicopter that was shot down, or you were in another helicopter an hour behind. It's not that complicated. Next time you get caught in a lie, try out the ol' "memory is complicated" line and let me know how that goes for you.

Look, people. sometimes, the simplest answer is the right answer. Here, I think the simple answer is correct: Brian Williams wanted to portray himself as as badass. So he made up a story.

Williams has been a journalist - a news reader - for his entire career. He's never been a soldier. He's never been one of the rough men standing ready in the night to visit violence upon people. However, he's reported on them, so he's been around them a lot.

I can relate to this. I'm a lawyer, but that makes me kind of the odd-ball in my family and extended family. Every single adult male in my family before me was in the military, and was deployed overseas to combat. Everyone.

My dad was in the Army as a doctor in an 93rd Evac Unit in the first Gulf war. My uncle was in the Army and was a tank commander in the first Gulf war, in addition to other deployments. My other uncle flew helicopters in Vietnam. My late grandfather was special forces in WWII, fighting at Anzio, among other places. My brother in law flew helicopters in the second gulf war. I can keep going back to the Civil War, but I think you get the idea.

Me? I'm just a lawyer. I'm not saying that anyone makes me feel bad about it (they don't), but sometimes I feel guilty about it on my own. Yeah, I know that being a lawyer is an honorable profession, and it's kind of interesting, but it's not exactly the same thing as being deployed to a combat area. I'm kind of the opposite of Lt. Dan.

So I'm kind of in the same boat as Williams. We're both guys who have been around military guys to a great extent, but we're not in the club. We're never going to be in the club. We don't have the bond that those men have, and we're never going to have it. Not that there's anything wrong with being a lawyer or a news reader; both are perfectly legitimate careers.

Here's what happened. I think Williams did a lot of reporting on military issues, and he got to know military men. I think he truly admires them. I think Williams admired these military men that he was around so much, he wanted to be part of their group so badly, that he made up this story so he could fit in - so he could be one of the guys. Who doesn't want to be one of the guys?

Essentially, I think Brian Williams lied for one of the oldest and most common reasons of all: He lied so people would think he's cool. I think deep down, he felt uncool standing next to these military men. Their actions held up a mirror to him, and he looked at his own job of reading the news and felt like he didn't measure up.

He certainly doesn't measure up now. Those who are dishonorable certainly aren't part of the club.

Richland County Lawyer Arrested: Alleged Motive - To Get a Discount on Gym Membership

Are you freakin' kidding me? 

When I saw the headline that a Columbia-area lawyer had been arrested, my first thought was, "Damn. Probably another lawyer drinking and driving." To my shock, I clicked on the story and read that the guy was arrested for allegedly lying to get a discount on a gym membership.

Wait. What?

I can understand bad decision making. We've all done dumb things. I can understand getting a little carried away and doing something over the line, but I just don't understand petty little crimes of dishonesty. I mean, you go to law school, bust your butt, pass the bar exam, probably have a ton of student debt, and you (possibly) throw it all away for a discount on a gym membership?

Is honor so cheap?

I don't know what ODC will do with this guy, but I'm pretty sure the Supreme Court comes down harder on issues of character than they do on other issues - as they should. I hope that he doesn't lose his licence over this, but I'm afraid that's a possibility.

"The trite saying that honesty is the best policy has met with the just criticism that honesty is not policy. The real honest man is honest from conviction of what is right, not from policy."

                                                                                                     - Robert E. Lee

Abraham Lincoln's Advice to Lawyers

"Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough."

-Abraham Lincoln

Funny Litigation Correspondence

Happy Friday.

For all the law-geeks out there, here's something that's probably only humorous if you're a lawyer.

I thought it was pretty good.

What is a Photocopier?

Dear aspiring lawyers: If you are planning on engaging in civil litigation, please watch this video. This is the kind of stuff you have to deal with.

I've taken plenty of frustrating depositions, but this has to be the most frustrating thing I've ever seen. Having said that, I was dying laughing watching this, so I thought I would share.

If you're a a civil litigator, I know you'll enjoy this. If you know one, pass it along.

Got This from Opposing Counsel Today

So, I got this interrogatory from an opposing counsel today:

22. State the name and address of all persons who have been present in the presence of [client's child] and state the dates thereof.

The child in question is three years old.

Hmmmmm.... List every person who has ever been in the presence of your child, ever? Oh, and the dates, too, if you don't mind. Ok...

So here's my question: I know the OB/GYN who delivered the child three years ago would be first on the list. That's obvious.

After that, you've definitely got all the other babies in the hospital nursery, the nurses, the family members, and so on. After that, you've maybe got all the children in daycare, all the teachers, and those children's parents. That's not too hard. After that what else?

I mean, there's kids at birthday parties, but hopefully that overlaps with the daycare friends. I'm informed and believes that on Christmas Eve, a certain St. Nick came to visit the child, but how detailed to we go here? There are people in parks, church, and good luck answering if the child has ever traveled via mass transit.

Anyone have any ideas?

Right now, my draft answer is an objection on the grounds of not being omniscient. But that's a cop-out, right?

Felt Naked In Court Today

I had to drive down to Charleston and back for a hearing today, so cut me some slack on not having any content up.

By the way, I spilled coffee on my tie right before the hearing, so I couldn't wear it. It was a catastrophic coffee incident on a light colored tie. Take my word for it - it was unwearable.

Anyway, first thing, the Judge asked why I wasn't wearing a tie. I apologized profusely and told the story of what happened. I also made a joke about my considering making an emergency tie purchase at Ben Silver. The Judge in a very good nurtured way commented that I probably wasn't making enough money on this particular case to justify an expensive Ben Silver tie - so no harm done.

Still, I felt very naked in Court without a necktie. I may start carrying an emergency tie in my briefcase.

As for today, I've sneaked a blog post in under the wire before 5:00PM. Luckily, I don't need a tie for blogging.

Enjoy your weekend. And don't get anything on your tie!

Big Win Today - Open Blog

I'm enjoying a big win professionally today, so...open blog.

Boom.

Why Accountability is Important

Warning. This is a long post. I've put most of it below the jump.

As a private practice lawyer with a litigation practice, I have a staff. It's not large, but I have a paralegal and a legal assistant. They follow my directions and take care of things that don't necessarily need a lawyer to handle. They help with filing documents, scheduling hearings, and coming up with first drafts of documents for my review.

However, if a deadline is missed or a document isn't filed correctly, that's my fault. I'm the one who signs the pleadings, and I'm the one who is in charge. The buck stops with me. As a hypothetical: even if the mistake is that my legal assistant forgot to call the court reporter for the deposition, I would take the responsibility when I talk to either the client or opposing counsel. I don't say: My assistant forgot to arrange for the court reporter. Instead, I tell the client: I didn't arrange for the court reporter; that's my fault.

No one likes a leader who blames their subordinates for mistakes. It looks weasel-y, and I think that my staff works well to know that I have their back. Now, even though I take responsibility to the client or the opposing counsel, I'm still going to have a serious conversation with my assistant. I'm going to let him/her know that they screwed up, and they should have called the court reporter. However, I handle that privately; in house.

That's how accountability works in my office. It works well for me. Clients and opposing counsel know that I am ultimately responsible for what goes on. It ensures that when I delegate, I make sure that things are getting done. My staff knows that I'll go to bat for them outside the office, but they also know that I am there to make sure they are doing things correctly.

Now, that's contrasted with what I see going on in the government. In the parade of problems that we see with government, the one common denominator is a lack of accountability. Let's go through some specific examples:

Monday Morning News and Open Thread - Ford TriMotor

Happy Monday.

Sorry for the fact that my blog didn't have any posts for the last couple days. I was dealing with my sister's wedding, and I left Kathleen Sebelius in charge of my website here. Can't trust her to run anything, amirite?

In local news around Columbia, my Gamecocks won a 2OT thriller over previously undefeated Missouri, which has now made the SEC East race a bit of a mess. College football is best when there's chaos, though. Could the Sugar Bowl be a possibility? Gene Sapakoff seems to think so...

Also, on a more somber note Columbia attorney Steve Morrison passed away over the weekend. I didn't know him personally, but he was a tireless advocate for better public education.

Finally, if you were outside this weekend around Columbia, you might have noticed a old looking airplane. You probably heard it before you saw it, with that classic low hum of a raidal engine. It was a Ford TriMotor, which was a treat for the aviation minded community here in the midlands. It headed out of town this morning, so if you didn't see it buzzing around Columbia, you'll have to just enjoy this photo.

The 1926 Ford TriMotor

 Enjoy your day.

July 2013 SC Bar Results

Results will be posted on Friday, if that's important to you. An early congrats to the new members of the SC Bar. Time to go get some actual experience.

Welcome to the show.

Every Lawyer Ever

Passed along to me from another lawyer.

Pretty funny.

Sunday Math Problem

Three Sons and a Camel. All I can say is that a lawyer would have probably helped them solve this problem by taking about a third of their camels.

Being a Lawyer - How I Feel Today

I'm done for the day.

When Does a Lawyer's Demand Letter Become Extortion?

That's the question in a California case right now. In my experience, demand letters don't usually get much of a result anyway. In any event, lawyers need to be careful with how aggressive they come across.

Can Government Solve the Stay-At-Home-Mom Debate?

This piece from The New Republic (via Althouse) explores the phenomenon of highly educated, high-powered women who opt to be stay-at-home-moms, rather than push ever higher in their professional lives. It also offers a solution.

To understand why female lawyers, doctors, bankers, academics, high-tech executives and other, often expensively pedigreed, professionals quit work to stay home, you need not search their souls for ambivalence or nostalgia....

I'm not sure I entirely agree with that. I think that many high-powered, professional women are somewhat conflicted or ambivalent about it. I know that they are at least afraid of being judged by women who are in the other camp.

Specifically, stay-at-home-moms are afraid of being judged as not ambitious by the women who pursue successful careers. On the flip side of the coin, I think that some professional women are afraid of being judged as not being as child oriented as they could be. It certainly takes long hours to climb the ladder in certain professions.

To reject a high-flying career, as this man did and so many women have done, is not to reject aspiration; it is to refuse to succumb to a kind of madness.

I certainly agree with this. The old feminist mantra was that as a woman, you could "have it all". That's just not possible, especially if you're in a profession where you have extreme demands on your time if you want to beat everyone else out for advancement.

Achieving professional success is admirable, but what's the point of making all that money if you don't have a life? I think it's a question of what each person finds to be most fulfilling. That will be different for everyone, and it doesn't mean that either choice is better in the abstract. The bottom line is that life is full of trade-offs. You can't have it all. Anyone who tells you otherwise is either a fool or is selling something.

The problem with this piece is the solution it proposes. The proposed solution is to have the government come in and mandate maximum working hours for professionals. Everyone will be barred from working long hours, so the folks who want to spend more time with their families don't have to compete with those who sacrifice family time to achieve professional success.

The main reason white-collar workers can be driven to work 80-hour-or-so weeks is that very few of them have government protections. Most of them are exempt from the Fair Labor Standards Act, which mandates the 40-hour-week and overtime pay. American managers aren’t allowed to join unions. Other countries have laws that protect against overwork even for professionals, such as standard or maximum number of hours anyone can work in a week.

This would never work here in America, and it's a horrible idea. Can you imagine a law that mandated the maximum hours lawyers could work in a week? The bell rings at 5:00PM and all the lawyers go home for the day? Oh, you had an issue that needed some extra attention on Friday? Sorry. We'll get to it on Monday.

Or for doctors? Oh, you went into labor at 6:30PM on a Friday? I guess we'll just keep you in a holding pattern until Monday morning. The doctor has already done her government mandated time. We could just let a nurse do the delivery for you, though.

A fundamental part of the American ethos is hard work. Hard work separates the great achievers from the slackers or those who choose not to work. Everyone isn't equal, and you can't just tell the folks who want to sacrifice their home life for their careers that they have to go home now. Different people have different priorities.

Wow, talk about a restriction on choice, too. This sounds like a prohibition on ambition. Now, don't get me wrong, I'm not taking sides in the stay-at-home vs. career mom debate, but the government can't simply solve this problem by requiring that people only work 40 hours a week.

Hey! You can't work so hard and go the extra mile because there are others out there who choose other priorities, and it wouldn't be fair to make them have to compete with you.

Life is full of choices. Be a grown-up. Make your choices and live with them. The government isn't here to make everyone the same.

 

Ted Cruz vs. Dianne Feinstein

I post this not to discuss gun control, but if you want to, that's fine. I post this to bring up the fact that I hear this type of response all the time.

I'm a young lawyer. But you probably already knew that. When I have an opposing counsel who's on the other side of a case I sometimes (not always) hear some version of this argument: I've been a lawyer for longer than you've been alive. I've never had someone (take that position, file that motion, assert that claim) in all my years. Don't you know who I am?

My response to that? Blech. If your response to my motion, position, letter, claim is to tell me how you've been a lawyer for sooooo loooong.....guess what....you've lost the argument. I know who you are. Guess what. I don't care. The law doesn't care.

Joe McCulloch Gets Breathalyzer Results Tossed

Looks like Joe McCulloch is out there keeping the system honest.

Columbia Municipal Judge Steedley Bogan issued an order Friday saying the breath test results could not be used as evidence when the case goes to trial, because the officer told the suspect to “blow hard” when he was giving instructions on the test.

If you're going to use breathalyzers on people, seems to reason that you've got to use them the right way. If you give an order to use the machine that is directly contrary to the operating instructions, you've got a problem.

Read more here: http://www.thestate.com/2013/03/12/2672784/columbia-dui-case-may-force-police.html##storylink=cpy

SC Attorney General Contemplates Fee Changes for Attorneys

Interesting article (or is it a column?) in today's State, if you're a big-time Plaintiff's lawyer. I'm certainly not a big-time anything, but I find it interesting nonetheless.

No time for a detailed analysis, I have to head to the Court of Appeals for oral arguments later.

End of the World Loan Acceleration Provision

Those hilarious bank lawyers; you gotta love 'em.