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Let There Be Music

By William S. Bailey

A mentor in the trial bar once said to me in my early career, “This is a brutal business we're in. It is results oriented, and everybody is trying to take a bite out of you – opposing lawyers, judges, juries and even our clients. You won't make it if you don't find ways to put back in what gets sucked out of you.” The legendary Moe Levin went one step further, using the mortality of the trial bar as a set piece in his closing arguments:

A trial lawyer's life is not too long. These tensions that occur constantly don't do our life span too much good.

After years of the cycle of stress and conflict as a trial lawyer, the truth of this is now all too evident to me.

The qualities of control, perseverance, and focused concentration are double-edged swords. They help us to overcome all the obstacles to getting results for our clients. In our business, even paranoia is a necessary mind-set in that they really are “out to get us” and our clients. Yet, these same qualities that bring professional success are difficult to disengage and step back from. Like a jungle animal on patrol, a trial lawyer's instincts are constantly engaged on ready alert.

I have come to realize that one of my Achilles heels is this inability to let go when I am away from the job. In the past, my wife has had to forcibly schedule vacations with “I'm going, are you?” ultimatums. I protest initially with, “You don't understand, the whole situation may blow up in a moment if I'm not here to watch over it,” but I end up going and enjoying myself.

My saner self knows that it disserves both me and my clients not to detach from the combat mindset of the job and renew my spirit. The key ingredients in a trial lawyer's arsenal for success are passion, creativity and inspiration. These do not flourish in a climate of constant fatigue and stress. Some of the very best ideas occur by indirection – e.g., the apocryphal story of Sir Isaac Newton formulating the law of gravity when bonked by an apple while lazing under a tree.

In terms of both longevity and career success, I have regularly asked myself, “How can I create a nurturing atmosphere where serendipity and indirection allow my mind to forage for sources of whatever divine inspiration I am capable of?” The answer for me is playing in a rock & roll band.

Like many baby boomers growing up in America in the 1950's, Elvis Presley was a singular cultural icon for me. I can still vividly recall his initial appearances on the Ed Sullivan Show when I was a first grader. As John Lennon later said, “Before Elvis, there was nothing.” When I moved to the Bay area during high school, Elvis was replaced by the Beatles and the pounding rhythms of California surf bands, soon to evolve into the glory days of Bill Graham's Fillmore Auditorium and the free outdoor concerts of bands like the Grateful Dead at Golden Gate Park .