Book Reviews

• Chief Justice: A Biography of Earl Warren
• The ABA Guide to Family Law
• What Can You Do With a Law Degree?
• The ABA Guide to Lawyer Trust Accounts
• A Concise Guide to Successful Employment Practices

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.

Ralph Adam Fine, Columbia 1965, has been a judge on the Wisconsin Court of Appeals since 1988. (c)1997 Ralph Adam Fine.

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.

Judith G. McMullen, Yale 1980, is an associate professor of law at Marquette University Law School, where she teaches Family Law and Trusts and Estates.

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.

Charles K. Kenyon, U.W. 1978, is an assistant state public defender in Marinette. He was in private practice for eight years, has served as an elected district attorney and has taught business and family law in technical college. He also has served as a computer consultant for small law firms.

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.

William H. Thedinga, Harvard 1973, practices in Menomonie.

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.

Scott L. Schroeder, Marquette 1988, is a shareholder in Murphy, Murphy & Schroeder S.C., Racine, where he practices employment law, worker's compensation and personal injury law.

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