The Practice of Law

Sisyphus had a hard, thankless and never-ending job. He was the legendary King of Corinth who was condemned in Hades to roll a heavy rock up a hill only to have it roll back down just as it neared the top, and then repeat it all over again, eternally. Like Sisyphus, sometimes we feel that we have just finished a job and find out we have to start all over again.

We seem to never be able to escape the “routine drudgery” of operating the office. This issue has several articles to help the small office practitioner but I would like to address another aspect of our profession. What I want to talk about is dealing with the frustration we experience when we are bombarded with profane lawyer jokes and disparaging anecdotal stories about lawyer mischief and misconduct by the media and individuals who proclaim a negative message toward our profession and us. One approach might be like that of the youngster who said to Shoeless Joe Jackson: “tell me it ain’t so, Joe.” Another response is to rebut those castigations with logic and sound argument about how ours is truly a noble profession, and we are truly dedicated, loyal and hard working advocates of those seeking justice.

It seems to me there is another way. Yes, there are just enough lawyers out there who “do wrong” and “do the wrong thing” to give credence to those negative anecdotes. The legal profession is made up of ordinary people who have taken an oath to do extraordinary things, and to be held to a higher standard of conduct — like those in the medical and ministry professions. The fact that there are a few bad apples in every profession does not render the group bad. We just have to recognize those bad apples and deal with them. We need to spend more time sharing examples of inspiring contributions made by the really good apples.

Mike Papantonio of Pensacola has written several excellent books probing the legal profession. One of those is the best seller, In Search of Atticus Finch. Every lawyer and almost everybody in America knows about Mr. Finch, the Southern gentleman, small town lawyer who represents almost every virtue everyone wants in a lawyer. The plain truth is that there are a lot of Atticus Finches out there. We just don’t do a very good job of sharing their stories with the nation.

Lyndon Olson, Sr. practices law the way Atticus Finch did. He’s been doing it for about 51 years. I know Mr. Olson. He is not a character of fiction. He lives and practices in Waco, of counsel with the firm of Haley and Davis. A few years ago I had the opportunity to be in a trial of major proportions with him and other eagles of the Bar. A large twin-engine aircraft crashed south of San Antonio killing seven prominent residents of Waco, a community disaster of epic proportions.

Mr. Olson, John Hill, Joe Jamail, Wayne Fisher and others including myself filed a lawsuit on behalf of the families. Two giants of the bar, Bob Carsey and Richard Caldwell of Houston, answered it and were assisted by leading defense lawyers of Waco. The exhibits and observers occupied more space than any courtroom in the county could accommodate so the trial was held in the Scottish Rite Temple in Waco. When Lyndon Olson, Sr. rose to his feet and addressed the jury, the image of Atticus Finch was all that I saw. I knew then, as we know now, that this was not a man who exclusively represented the silks and gowns of Waco, nor did he hire out only to the prominent businesses and businessmen. Today, he is 76 years old, and still represents many of those who cannot pay a full fee and some who can pay no fee.

Mr. Olson represented the mayor of the Midland successfully before the U.S. Supreme Court in a case that legal scholars agree is a pivotal decision on election law, and that holding, Avery vs. Midland County decided in 1968, pronounced that the “one man, one vote” rule applies to local elections.

There is nothing average about Lyndon Olson, Sr., or his sons, Charles Olson and Lyndon Olson, Jr. Charles practices law in Waco in the same firm as his father and is successfully following in his father’s giant footsteps, and is a member of the Waco School Board. Lyndon, Jr. has been a member of the Texas Legislature; the Texas Commissioner of Insurance; CEO of Traveler ’s Insurance; and just completed his appointment as the U.S. Ambassador to Sweden.

Waco may be right in the middle of — in the heart of — Texas. Lyndon Olson, Sr. may live and practice in the middle of Texas, but he is not middle-of-the-road in any sense or on any subject. The Texas Access to Justice Commission is now helping some of the rest of us to get where Mr. Olson has been all along.

When my friend, Mike Papantonio, visits Texas again, and he will soon, I want to drive him to Waco so he can meet the real-life Atticus Finch. Lyndon Olson, Sr. makes me proud to be a part of his profession.