Mark Gimenez: The Color of Law

“No, sir, it’s the FBI, from Dallas, calling about Clark.”

“The FBI? Jesus Christ, what the hell did he do this time?”

“Nothing, sir. He’s dead.”

What’s the difference between a rattlesnake lying dead in the middle of a highway and a lawyer lying dead in the middle of a highway?” He paused. “There are skid marks in front of the snake.”

His bar association audience responded with polite laughter and diplomatic smiles.

“Why did New Jersey get all the toxic waste dumps and California get all the lawyers?” He paused again. “Because New Jersey had first choice.”

Less laughter, fewer smiles, a scattering of nervous coughs: diplomacy was failing fast.

“What do lawyers and sperm have in common?” He did not pause this time. “Both have a one-in-a-million chance of turning out human.”

All efforts at diplomacy had ended. His audience had fallen deathly silent; a sea of stone faces stared back at him. The lawyers on the dais focused on their lunches, embarrassed by their guest speaker’s ill-advised attempt at humor. He looked around the crowded room, as if stunned. He turned his palms up.

“Why aren’t you laughing? Aren’t those jokes funny? The public sure thinks those jokes are funny, damn funny. I can’t go to a cocktail party or the country club without someone telling me a stupid lawyer joke. My friends, we are the butt of America’s favorite jokes!”

He adjusted the microphone so his deep sigh was audible, but he maintained steady eye contact with the audience.

“I don’t think those jokes are funny, either. I didn’t go to law school to be the butt of cruel jokes. I went to law school to be another Atticus Finch. To Kill a Mockingbird was my mother’s favorite book and my bedtime story. She’d read a chapter each night, and when we came to the end, she’d go back to the beginning and start over. ‘Scotty,’ she’d say, ‘be like Atticus. Be a lawyer. Do good.’

“And that, my fellow members of the bar, is the fundamental question we must ask ourselves: Are we really doing good, or are we just doing really well? Are we noble guardians of the rule of law fighting for justice in America, or are we just greedy parasites using the law to suck every last dollar from society like leeches on a dying man? Are we making the world a better place, or are we just making ourselves filthy rich?

“We must ask ourselves these questions, my friends, because the public is asking the same questions of us. They’re questioning us, they’re pointing their fingers at us, they’re blaming us. Well, I’ve asked myself these questions, and I have answers, for myself, for you, and for the public: Yes, we are doing good! Yes, we are fighting for justice! Yes, we are making the world a better place!

“And ladies and gentlemen, if you elect me the next president of the state bar of Texas, I will tell the people exactly that! I will remind them that we wrote the Declaration of Independence and the Bill of Rights, that we fought for civil rights, that we protect the poor, defend the innocent, free the oppressed. That we stand up for their inalienable rights. That we are all that stands between freedom and oppression, right and wrong, innocence and guilt, life and death. And I will tell the people that I am proud, damn proud, to be a lawyer…because lawyers-do-good!”

Now, some might blame the Texas summer heat, but the audience, lawyers all-lawyers who had never protected the poor or defended the innocent or freed the oppressed, lawyers who stood up for the rights of multinational corporations- believed his words, like children who were old enough to know the truth about Santa Claus but who clung desperately to the myth anyway. They rose as one from their seats in the main dining room of the Belo Mansion in downtown Dallas and, with great enthusiasm, applauded the tall thirty-six-year-old speaker, who removed his tortoise-shell glasses, pushed his thick blond hair off his tanned face, and flashed his movie-star smile. He took his seat

on the dais behind a nameplate that read A. SCOTT FENNEY, ESQ., FORD STEVENS LLP.

As the applause grew louder, the corporate tax lawyer whom Scott was campaigning to succeed as the next state bar president leaned in close and whispered, “You know, Scotty, you’ve got an impressive line of bullshit. Now I see why half the coeds at SMU dropped their drawers for you.”

Scott squeezed the knot of his silk tie, smoothed his $2,000 suit, and whispered back through brilliant white teeth, “Henry, you don’t get laid or elected telling the truth.”

He then turned and again acknowledged his fellow members of the bar, all standing and applauding him.

Except for one lawyer. Sitting alone in the back of the dining room, at his usual table, was an older gentleman. His thick white hair fell onto his forehead. His bright eyes remained sharp at long distances, but he wore the black reading glasses to eat. He was not a tall man, and his slightly hunched posture made him appear almost short. Even so, he was a lawyer the other lawyers either avoided outright or approached with great caution, like vassals to their lordship, waiting patiently for him to look up from his chicken-fried steak, mashed potatoes, and pecan pie and acknowledge them with a nod or, on the best of days, a brief handshake. But never did he stand. Come hell or high water, United States District Court Judge Samuel Buford remained seated until he was through eating. Today, though, as he dwelled on the young lawyer’s speech, a slight smile crossed his face.

A. Scott Fenney, Esq., had just made a tough judicial decision easy.

The Ford Stevens law firm occupied floors fifty-five through sixty-three in Dibrell Tower in downtown Dallas. The firm’s remarkable financial success was predicated on its two hundred lawyers billing an average of two hundred hours a month at an average of $250 an hour, grossing an average of $120 million a year, and racking up average profits per partner of $1.5 million, putting the Dallas firm on a par with Wall Street firms. Scott Fenney had been a partner for four years now; he pulled down $750,000 a year. He was shooting to double that by the time he was forty.

One of fifty partners, his perks were many: a personal secretary, two paralegals, and four associates working under him; reserved parking in the underground garage; dining, athletic, and country club memberships; and an enormous corner office on the sixty-second floor facing due north-the only direction worth facing in downtown Dallas. He especially loved his office, the wood-paneled walls, the mahogany desk, the leather furniture, the genuine Persian rug imported from Iran on the hardwood floor, and on the wall, the five-foot-square framed field-level blowup of himself, number 22 on the SMU Mustangs, running for 193 yards against the Texas Longhorns the day Scott Fenney became a local football legend. Keeping all these coveted perks required only that Scott serve the firm’s corporate clients with the same devotion the disciples showed Jesus Christ.

It was an hour after his bar association speech, and Scott was standing on his Persian rug and admiring Missy, a twenty-seven-year-old ex-Dallas Cowboy cheerleader who ran the firm’s summer clerkship program. In the fall of each year, Ford Stevens lawyers fanned out across the country to interview the best second-year students at the best law schools in the nation. The firm hired forty of the top candidates and brought them to Dallas the following summer to work as summer clerks for $2,500 a week plus room and board, parties, alcohol, and at some firms, women. Most partners in large law firms had been frat rats in college, so most summer clerkship programs had all the markings of fraternity rush. Ford Stevens’s program was no exception.