Book Reviews
Chief Justice: A Biography of Earl
Warren
By Ed Cray (New York, NY: Simon & Schuster, 1997). 587 pgs.
$30. To order, call (212) 698-7336.
Reviewed by Ralph Adam Fine
Earl Warren, chief justice of the United States from 1953 to 1969,
was a paradox.
He was a crime-fighting district attorney and attorney general who
not only decried that "three out of four criminals who plead guilty are
given probation," but tolerated illegal wiretaps and third-degree
interrogation techniques by his investigators to get evidence. Yet as
chief justice he led the U.S. Supreme Court to expand the rights of
criminals well beyond the boundaries set in the Constitution by our
founding fathers.
During World War II, when he was governor of California, Warren
condemned American citizens of Japanese ancestry as being incapable of
"loyalty to America" and rabidly joined the clamor that led to the
forced three-and-one-half-year internment of more than 110,000 persons
whose only crime was the color of their skin and the fact that they
looked different from Americans whose ancestors were born in Europe. Yet
it was Earl Warren who, a decade later, forged a unanimous Court to
strike down the infamous "separate but equal" doctrine that had kept
millions of Americans in the de facto internment of segregation.
The only chief justice to be the subject of massive, well-organized
calls for impeachment because of an alleged "Communist" agenda, Earl
Warren believed that the states had the constitutional power to punish
Americans who burned the American flag as a symbolic statement of
protest. When asked by his law clerks to give them his legal theory, he
replied: "Boys, it's the American flag. I'm just not going to vote in
favor of burning the American flag."
Chief Justice is a definitive biography of Earl Warren that
will be difficult to surpass. It guides us through Earl Warren's life
and the shoals of his contradictions with grace, understanding and
insight. It is not, however, a biography of a chief justice - a person
whose oath obligates him to apply legal principles harvested from fields
sown by others - but of a man whose belief in moral verities that he
viewed as more important then legal precedent led him to plow the fields
and plant them anew. More interested in his concepts of "fairness" than
in the requirements of the law, Warren did very little writing and legal
analysis during his years as chief justice. Rather, he decided how he
wanted the cases to turn out, used his considerable political skills to
get a consensus among his colleagues, and then - for those opinions that
he assigned to himself - told his law clerks to do the actual reasoning,
research and writing to arrive at a why. Ed Cray takes us into Earl
Warren's soul and lets us see the complex mechanism that made this great
man tick.
Former New York Chief Judge Sol Wachtler is in the news once again as
he promotes his views on prison reform. There were happier times,
however. On his first day as chief judge, Wachtler went home and
excitedly told his wife: "I am sitting at Cardozo's desk." "After you
leave the court," his wife replied laconically, "it will still be
Cardozo's desk." By the same token, no chief justice - not even John
Marshall, in my view - shaped his court or his country as much as did
Earl Warren. Ed Cray's Chief Justice will be the biography of
Earl Warren against which all future biographies of Warren will be
measured.
The ABA Guide to Family Law: The Complete
and Easy Guide to the Laws of Marriage, Parenthood, Separation and
Divorce
By Jeff Atkinson (New York, NY: Random House/Times Books, 1996).
179 pgs. Softcover. $12. To order, call (212) 572-2872.
Reviewed by Judith G. McMullen
I remember my first visit to Family Court. I was a new lawyer, full
of idealism. Pleadings in hand, I appeared for routine motion call and
took my place in a line that stretched past the length of the courtroom
and into the hallway. Forty-five minutes later, my turn came, and I
faced a surly clerk, who berated me for some error. My groveling and
apologizing did not interrupt her tongue-lashing, until at last she
allowed me to escape. I was humiliated, but not enlightened about what
to do next. I reflected that between the oddities of the law and the
procedural red tape, any pro se client would be eaten alive. Yet it
seemed to me that family law should be accessible to all people who are
affected by it, and not just to experienced lawyers.
While it cannot make court officials uniformly helpful or the
procedure less cumbersome, the ABA Guide to Family Law does
make the substance of family law accessible to lawyers and nonlawyers
alike. The guide gives a clear and surprisingly detailed overview of the
general principles of family law in the United States. Chapter topics
cover the main issues in divorce law (property division, maintenance,
child support and custody), and other important topics, such as
cohabitation, marriage agreements, adoption, issues concerning intact
families and domestic violence. Discussions are refreshingly free of
legalese and clearly describe the majority rules and exceptions to them.
Many rules are followed by illustrating examples taken from actual
cases; however, the Guide does not cite cases, nor does it include the
sort of procedural details only a lawyer would understand or care about.
Longer examples are set apart from the main text in boxes. For instance,
the discussion of proper consents from biological parents in an adoption
case includes a page-long boxed description of the infamous Baby Richard
case.
Chapters include charts and diagrams listing states and the doctrines
they follow. For example, the discussion of the grounds for divorce is
followed by a chart showing which states use fault, no-fault or
combination systems, and what the residency and domicile requirements
are. The chapters are divided by subject headings, which make it easy to
locate discrete topics. The index is extensive and actually lists topics
where you would expect to find them.
My only criticism of the book is that Chapter 7, "Deciding Whether or
Not to Divorce," should be omitted. Unlike the other chapters, which are
packed with concrete information, this one is full of platitudes and
homespun advice better suited to a popular magazine article than a
practical guide to the law. However, this is a minor criticism of an
otherwise useful and well-written book.
Family lawyers could recommend this book to their clients to give
clear answers to commonly asked questions. Lawyers will find the charts
comparing states to be informative, but most discussions of general
rules should already be well-known to family law practitioners. However,
a lawyer new to family law will find this a useful introduction to the
subject.
What Can You Do With a Law Degree?
By Deborah Arron (Seattle, WA: Niche Press, 1997). 373 pgs.
$29.95. To order, call (800) 359-9629.
Reviewed by Charles K. Kenyon
This is a must-read book for those even toying with the idea of
changing jobs or careers. What Can You Do With a Law Degree? is
subtitled "A lawyer's guide to career alternatives inside, outside and
around the law." That sums it up very neatly. Attorney Arron begins with
an examination of dissatisfaction with a current situation. She starts
by helping readers examine the sources of dissatisfaction. Is it the
current job or only features of that job? Might those be changed with
negotiation? Is it the type of law practice? Is it the practice of law
altogether? What is the difference between "burnout" and overall job or
career dissatisfaction?
A thorough self-assessment is a first step in trying to figure out
what would be better. What will make you happy? The reason for investing
time and effort in this step is poignantly illustrated by the remarks of
one young lawyer: "I've had the same bad job in two different
buildings." Making such an assessment is one of the ways the author
helps readers take a careful, conservative approach to making such major
changes.
This book gives a solid answer to the question posed in the title.
Arron's thoughts and examples are supplemented with a compendium of
references, most of which have Internet addresses.
Once you know why and what, Arron leads you step-by-step through how.
How do you network-market yourself? How do you follow up on leads? What
questions can you expect during interviews? How do you prepare for
interviews? Which questions might you want to ask - or avoid? How and
when should you negotiate salary? How do you budget for a
transition?
What Can You Do With a Law Degree? is thorough, realistic,
and above all, readable. If the question posed in the title is one that
is on your mind, you should read this book.
The ABA Guide to Lawyer Trust Accounts
By Jay G. Foonberg (Chicago, IL: ABA Law Practice Management
Section, 1996). 179 pgs. Softcover. $79.95. To order, call (800)
285-2221.
Reviewed by William H. Thedinga
Trust accounts are a routine part of the legal business that lawyers
tend to take for granted. It is easy to forget the importance of and the
potential for problems with trust accounts. Many lawyers have a limited
knowledge of the stringent professional responsibility rules on
establishing trust accounts, keeping records for trust accounts and
notifying clients of the receipt and disbursement of trust account
funds.
After reading Jay Foonberg's book, The ABA Guide to Lawyer Trust
Accounts, it is difficult to take trust account administration for
granted and difficult to ignore the potential for problems with trust
accounts. Foonberg, a popular and prolific writer on law practice
topics, emphasizes the pitfalls in administering lawyer trust accounts
and the serious consequences of trust account mismanagement. As Foonberg
puts it, one of the quickest routes to disciplinary action runs through
a lawyer's trust account.
Foonberg's book outlines, in a clear, straightforward style, the
basics of good trust account administration. The book's seven sections
are self-contained, and each section is useful reading on its own. The
book serves as a reference tool for attorneys and their accountants and
as written material for CLE courses on trust account management. All
attorneys should be required to read the section entitled "The Ten
Commandments of Good Trust Accounts."
Foonberg offers valuable suggestions and systems for avoiding
problems and disciplinary encounters related to trust accounts. They
seem simple and sometimes obvious. However, as Foonberg points out, good
management often is a matter of consistently following simple principles
based on knowledge of what the disciplinary rules and good management
require.
The last section of the book contains several sample trust account
forms. Many of the forms are accounting forms (such as client ledgers,
journals and bank reconciliation forms). Other forms that Foonberg
recommends relate to various notices to clients of funds deposited in
and disbursed from trust accounts. Foonberg insists upon separate
written notice to clients of every deposit to a lawyer's trust account
and every disbursement from the account.
The only topic not fully covered is computer software for trust
account administration. While his book has a section on using Quicken
software for a lawyer's trust account, there is little discussion of
software specifically designed for trust accounts. However, this
omission was a conscious choice. Foonberg wants his readers to rely upon
their own knowledge and supervision of trust account management; he does
not want computer software to be a substitute for either.
A Concise Guide to Successful Employment
Practices
By J.D. Thorne (Chicago, IL: CCH Inc., 1996). 324 pgs. $33.75. To
order, call (800) 835-5224.
Reviewed by Scott L. Schroeder
The author, J.D. Thorne, has written an invaluable reference for
human resource personnel. This book is directed to the lay person from
the viewpoint of the employer. The text generally is without citation to
case law or statutes. The book is not directed to any specific
jurisdiction.
This book is written in a straightforward manner with an emphasis on
issue spotting. A lay person, such as a personnel director, could use
this book to determine when to hire a lawyer for specific issues. While
written in a very broad scope, the book is contained in a compact,
easy-to-use format.
The strength of J.D. Thorne's writing is that he takes a position and
suggests a system of employment practices. Thorne does not hedge on any
issues nor write in gray as many legal writers tend to do.
Thorne provides excellent examples and forms that employers can use
in the everyday management of their employees. These include sample
employment contracts, arbitration clauses, checklists for interviewing
employees and employee separation agreements.
My only criticism is that the book is employer-slanted; for example,
Thorne uses an analogy that unions are like a virus. However, Thorne is
not pretentious; he states from the beginning that the book is written
from an employer's viewpoint. I have reviewed this book from the
perspective of an attorney who represents labor groups and individuals
against employers. This book is equally valuable as a resource on how a
good employer should manage its employees.
The book has an interesting chapter on cultural diversity. Thorne
deals with a touchy subject, but one that certainly has to be addressed
in the workplace. For example, Thorne gives several suggestions on how
to refer to certain individuals and lists several interesting cultural
differences that are important for both management and employees to
know.
The book does not specifically refer to Wisconsin law, or any
jurisdiction for that matter. Obviously, this book would be used as a
starting point for a human resource manager to identify issues, followed
up with a conference with the management attorney to determine the law
of a specific jurisdiction. Overall, this is a valuable reference book
for management personnel.
Wisconsin Lawyer
