In the past couple of weeks I have
received a plethora of deeply personal, generic "holiday letters." The adjective "holiday" is a
euphemism for "Christmas" to avoid offending Jews, Muslims, atheists,
Druids, and other nonsubscribers. Oh
dear, I fear the preceding sentence may offend my many Christian friends. To you, please substitute the word
"substitute" for the word "euphemism." And if that preceding sentence is confusing (two
"substitutes" in the same sentence), we could substitute the first "substitute"
with the word "replace." But
then we have to recast the sentence. "To
you, please replace the word "euphemism" with the word
"substitute."
There
now, I think that is a bit clearer. Yes, I quite understand. It would have been easier to simply edit the original
sentence and substitute or replace it with the new sentence; also delete the
word "quite." But because (not
"since"; "since" should not be used to mean "because")
most of you who read this column must write (or is it draft?) letters,
proposals, contracts, briefs, and resumes occasioned by partnership
dissolutions, I thought the foregoing would be useful, despite the ungainly
length of the sentence.
In the beginning
of the New Year, we writers can take a moment to commiserate with one another
over the pain that accompanies our endeavors. Our New Year's resolution is to do what we
must to acknowledge that we are good writers only if we acknowledge that we are
re-writers.
And
that takes us back to the writing of the oxymoronic "personal, generic"
holiday letter. These letters,
particularly those from family members of lawyers, if not the lawyers
themselves, are posted to hundreds of their intimate friends. I have been a recipient of many such letters
from people I am not sure I know. They
relate in self-congratulatory detail the wondrous events that have happened to
them and their families and firms during the past year.
Here
are some passages from one I received last month from attorney Frank's wife,
Gladys:
"In June, our son, the genius Marvin,
graduated top of his class at Harvard and has been made managing partner of an
international tax firm at a starting salary of $2 million bitcoins.
Our daughter, the Yale physics professor,
just published her fourth award winning book in which she describes her
discovery of the unified field theory.
And, can you believe it, in February, she ran her 46th
marathon and, in September, climbed Mount Everest where she saved five Sherpa
guides from an avalanche and was awarded the Medal of Freedom.
Frank just landed two major clients for
the firm, China and The European Union.
The villa in Paris is not quite finished
so the kids joined us for a family reunion at the Palace Versailles. I had quite a dilemma. How many heads of state could we invite for
our family holiday dinner? Frank said '"the
more the merrier,'" but I wanted something more intimate. The Obamas couldn't make it, so we just
invited the premier of Poland. He is a
kick with a wicked sense of humor.
On a sad note, in November, our beloved Cocker
Spaniel Corky died peacefully in his sleep and now is in dog heaven. But he lived for 34 years and is in the
Guinness Book of Records as the longest living Cocker Spaniel in recorded
history. Frank's client, an
internationally famous veterinarian, was able to extract blood cells from Corky
a month before his passing (Corky's passing, not the veterinarian). He developed a formula that allows dogs to
double their life expectancy. We are so
proud of Corky's contribution.
As for me, I intend to continue my work as
financial consultant to the top ten firms on the New York Stock Exchange. Whether or not I will accept the offer of
Chair of Alibaba remains to be seen.
We wish you all a Joyful and Happy Holiday
season and urge you to join us in prayer for the betterment of those who have
not had the drive or connections to be as fortunate as we have."
Are
there generic holiday letters that speak of the misery of the past year? You are not likely to read: "Tom was disbarred last year. Pete went AWOL in drug rehab. Flossie choked 'till she was blue in the face
on profiteroles at Starbucks last month." Holiday letters are smug advertisements
touting the accomplishments of the sender and her or his family to a mass
audience. I admit my response runs the
gamut from envy to resentment.
So
no generic holiday letter to you, my readers. You will not receive a self-congratulatory
holiday missive reporting my monumental accomplishments this past year. That there are not any to report is beside the
point. And you will not read from me saccharine,
cloying, paeans of hope for your happiness and good fortune in the coming
year. You are in charge of that. My good wishes will not make an iota of
difference.
I
write letters directly to a particular person.
So if you will permit a change in tone, I write to my friend Judge
Ruggero Aldisert, who passed away last week.
I was about to scuttle the column and write a eulogy, but he spoke to me
and said, "I will permit a paragraph or two about me, but stay with the
column. Perhaps someone's writing will
improve." I think he was referring
to me. He does not mind my sharing this
letter with you.
"Dear
Rugi, We established a personal relationship a mere five or six years ago, but
during that short period of time you enriched me for years to come. I did not imagine that at my age I could have
a mentor, but in fact you had been my mentor for years before we met. Your articles and books on judging and the
legal profession showed me and others in our profession how to analyze issues,
how to structure and write our opinions with clarity and insight, how to do our
job in the best possible way. There they
are on my shelf: The Judicial
Process: Text, Materials and Cases (2d ed. 1996) West Publishing Co.; Logic
for Lawyers: A Guide to Clear Legal Thinking (3d ed. 1997) National
Institute for Trial Advocacy; Winning on Appeal: Better Briefs and Oral Argument
(2d ed. 2003) National Institute for Trial Advocacy; Road to the Robes: A
Federal Judge Recollects Young Years & Early Times (2005) AuthorHouse; A Judge’s Advice: 50 Years on the Bench (2011)
Carolina Academic Press; Opinion Writing (3d
ed. 2012) Carolina Academic Press; and your novel Almost the
Truth, A Novel of the Forties and the Sixties, published last year. Unfortunately, my shelf could not hold the
more than 50 law review articles you authored.
After
your retirement, following a mere 52 years as judge, you and I had planned on
having some extended visits with our spouses.
What a profound disappointment these meetings will not happen. But we will continue to have our conversations
and you will always be my mentor. Goodbye
dear friend."
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