Latest / Coopers' Code / James Brosnahan, Part I
Transcript
- 0:09Howdy and welcome to the show. Cooper's code examines a legal
- 0:12issue and hits the highlights so we all achieve the best results
- 0:15for our clients. I'm Miles Cooper.
- 0:17And today we're honored to have an opportunity to hear from a
- 0:20legend of the trial bar James J Brosnahan master in the
- 0:24courtroom. James Brosnan has tried 150
- 0:27cases to conclusion ranging from antitrust to wire fraud, patent
- 0:31litigation, white collar crime and murder.
- 0:34All of them bet the company or bet your future cases.
- 0:37Some you might know include defending the Crows producers
- 0:40when Bruce Lee's son Brendon Lee died on set, the defense of John
- 0:44Walker Lind in the midst of the political turmoil following 9/11
- 0:47and prosecutions relating to a little matter known as the Iran
- 0:50Contra Affair. Jim was inducted into the State
- 0:53Bar of California's File Lawyers Hall of Fame in 1996, has
- 0:57received similar awards for ethics, civility and trial
- 1:00skills from almost every trial attorney organization with its
- 1:03salt, founded what is now known as the Justice and Diversity
- 1:07Center for the Bar Association of San Francisco and has been a
- 1:10Master Advocate Board of Trustees, Member and Teacher of
- 1:13the Year for the National Institute of Trial Advocacy.
- 1:16Jim just released Justice at Trial Portland Battles and
- 1:19Ground Victim Cases, which provides his unique insights
- 1:22into trials, high stakes negotiations, and what makes
- 1:26good outcomes in cases. Check the show notes for a link
- 1:29to purchase his book. Welcome to The Show Show.
- 1:32Thanks so much for having me. I really appreciate it.
- 1:35I want to start kind of at the beginning and go into a little
- 1:41bit about rheumatic fever and some challenges you went through
- 1:46as a very young boy. I put that in the book because
- 1:51there might be young people out there who read the book and are
- 1:56encouraged that you can overcome what happened.
- 1:59I was diagnosed with rheumatic fever when I was three years old
- 2:05and the doctor thought I should stay in bed till they figured
- 2:09out what was going on. I was in bed for about 2 1/2
- 2:13years. And that meant that I stayed my
- 2:17room pretty much. Occasionally I'd be taken down
- 2:22to my grandparents house, but I remember being in a crib at the
- 2:27age of four. And then my father, he had a
- 2:32nice job, but it didn't pay very much and he got the money for a
- 2:37second opinion. And the doctor said, you know,
- 2:41things get better or they get worse.
- 2:43Let the boy out. So at six, I went directly to
- 2:48the first grade, but I couldn't read and that's the way I
- 2:53started. That led to early academic
- 2:56issues, and what got me out of that is the sports.
- 3:02And I played three sports in high school and two in college.
- 3:08Gaining the confidence that allowed me to want to express
- 3:12myself in a way that dealt with my character, I think, as a
- 3:16trial lawyer. So the background I thought was
- 3:19important. That's why I put it in the book,
- 3:23The sports background. It sounds like you were quite
- 3:25the athlete. I understand that you tried out
- 3:28for the Red Sox in high school. I did.
- 3:31I had struck out 21 batters, I think primarily because I didn't
- 3:35know where the ball was going and the batters didn't know
- 3:38where the ball was going. So the Red Sox took notice and
- 3:42invited me, and I was in Fenway Park.
- 3:45And these names might not be known to your audience, but I
- 3:49was in putting on a Red Sox uniform, and there was Ted
- 3:53Williams and all my. Wonderful heroes on the Red Sox
- 3:57team of the late 40s and early 50s.
- 4:01So I decided I was going to be a professional baseball player at
- 4:05that boy. That's what I was going to be.
- 4:07And I played three sports in high school and was invited to
- 4:12play three sports at Boston College.
- 4:15And I turned out football because I thought I better
- 4:18study. And that was an awakening for me
- 4:22because I. Found out I love to study and it
- 4:25was just the right time for me to develop my thinking process.
- 4:30So that worked out OK. And that is a good segue into a
- 4:35question I had, which is how does a student with a, as I
- 4:42understand it, a D minus average in high school?
- 4:44Yeah, later find himself at Harvard Law.
- 4:49I used to sit in high school in the back and.
- 4:53Probably go, Martin Woods would yell out Brosnahan.
- 4:55We only go this way once. You know, he kind of picked on
- 4:59me because he knew I needed it. But sports was my whole thing,
- 5:03and I just waited for practice to begin in the high school,
- 5:06basically. But once I got to Boston
- 5:10College, I got an A in a math test because I studied very hard
- 5:15after practice. In college, I played basketball
- 5:18and baseball, but I studied to keep my scholarship.
- 5:22And I really discovered that I had a brain, and more than that,
- 5:28it was the right moment for me. I began to really enjoy things
- 5:33like scholastic philosophy, which they taught at that time,
- 5:38and that actually became a lifetime interest and I was on
- 5:42the Dean's list just to keep my scholarship.
- 5:45And then I didn't think I was going to be a professional
- 5:49baseball player, but I debated it.
- 5:52You know, how young people are. They have these funny thoughts.
- 5:55And I thought, well, if I'm a baseball player, I'll be done at
- 5:5935. But if I'm a lawyer, which I was
- 6:02starting to think about, I'll be able to go till I'm 50.
- 6:06And you know, 50 was way in the future somewhere.
- 6:11And of course, I practiced till I was about 85.
- 6:14So it was a good decision for me in terms of going to law school.
- 6:20I understand that the financial implications of going to Harvard
- 6:24created a challenge for you and your family and that there was
- 6:28someone who helped out. And my subtext of that question
- 6:32is, did that help translate into some of the focus that you've
- 6:37had in your career on pro bono and other support services?
- 6:41I think so. I never thought we were poor,
- 6:43but looking back, I think we didn't have much money.
- 6:46So I guess that's four. And I worked from the age of 14.
- 6:50I had every kind of job and that helped me practice law.
- 6:55There was no kind of job that I didn't have.
- 6:58I drove a cab, I laid blacktop and the highways and work,
- 7:03construction and work by the counter, all those things.
- 7:07But I think that. That experience was very, very
- 7:13helpful. And to answer your question, we
- 7:17didn't have the money to go because the first year at law
- 7:21school you have to pay yourself and that rules been around.
- 7:25I don't know if it's still the rule at the Harvard Law School,
- 7:28but it was for many years. So I wasn't going to be able to
- 7:31go and my mother just said you're not going, we don't have
- 7:35the money. That was true.
- 7:36What she said was correct. So my dad said, you know, maybe
- 7:41I'll find a way. And in the book I described his
- 7:46job at Symphony Hall. He he had no college education.
- 7:51He started it as an office boy and eventually worked his way up
- 7:56to be one of the business administrators of the Boston
- 8:00Symphony Orchestra. But no college education.
- 8:04And he was dealing with. It's kind of interesting,
- 8:07actually. It's in the book.
- 8:08But you know these musicians and famous people like Arthur
- 8:12Fiedler who have conducted the pops.
- 8:15You audience may not remember that name, but he was very
- 8:18popular at the time. Anyway, my father went to Mr.
- 8:22Cabot and Mr. Cabot was at the top of Boston's social
- 8:29structure. The Cabots were.
- 8:32Is something that a little Diddy that's in the book that people
- 8:36can read. And Mr. Cabbages said, have Jim
- 8:39come to me, visit me? So I did.
- 8:42And he said he'd done some checking and he opened the door.
- 8:46I pulled out of check. And he said this amount will
- 8:51allow you to live in Harvard Square and that will add to your
- 8:56experience. And then he said, if you need
- 9:00more, you come back. I didn't go back because I
- 9:04preferred to work. So yes, I identify with people
- 9:11that don't have enough money to do things.
- 9:14I get it. I really get it.
- 9:16And one of the items I worked on almost my whole professional
- 9:20life is the 90% of people who go to court in civil matters small,
- 9:29medium and large don't have a lawyer.
- 9:32To me there are many great things about law, but that is
- 9:36one of the worst defects in law and I've worked on it since 1962
- 9:45with friends who are real experts on that.
- 9:49And is this what it is? Sometimes referred to as the
- 9:51Civil Gideon project. Yes, I started practice a year
- 9:56before Gideon. That's the Supreme Court case
- 9:59which held. That you have a right to a
- 10:02lawyer in a criminal case, but not a civil case.
- 10:06And the story of how I discovered that is in the book.
- 10:11And it's rather dramatic because it before Gideon, the story in
- 10:17the book is about a murder case and who's going to represent
- 10:22this person. And that whole story is in the
- 10:25book. This was a murder on the Navajo
- 10:29reservation, Yeah. And I was prosecuting it that I
- 10:32prosecuted for five years. And I was in Phoenix, having
- 10:36moved there from Boston, and with my wife, Carol, and I
- 10:42started researching, how can this be that, you know, people
- 10:45can't afford lawyers? And I've been working on it ever
- 10:49since. And because not everything needs
- 10:52to happen chronologically as we have our conversation, I feel
- 10:55now might be a good time to talk a little bit about why the Civil
- 10:58Gideon project and the right to having an attorney help you,
- 11:03whether criminal or civil. Why was that so important for
- 11:07you and what efforts have you undertaken over the years to
- 11:12make that a right? Well, I started to be active in
- 11:18the Bar Association, but even before that I was active in
- 11:23things like the N AA, CP. MALDEF I was on the board of the
- 11:29Mexican American Legal Defense and Education Fund.
- 11:33I was the secretary treasurer of that group when it they they
- 11:37started in the late 60s. And so I had it was all kinds of
- 11:42activity on my part. But when I got to be president
- 11:46of the bar, the question was what am I going to work on?
- 11:49There were two things that I thought then.
- 11:53And I think now, at the heart of the conscience of lawyers, the
- 11:58way I think of it, one is the right to representation when you
- 12:03go to court. And there's a long analysis as
- 12:08to why that's a terrible situation.
- 12:12But you know, you and I have been to law school three years
- 12:16and we studied procedure and we studied all manner of things and
- 12:22now this. Person walks up to the lectern
- 12:26and they're frightened to death. The judges do what they can, but
- 12:30they can only do so much. So I started an organization.
- 12:35There's always been pro bono. I didn't invent pro bono, but I
- 12:39started an organization and asked everybody in the Bar
- 12:43Association to commit 5% of their time to pro bono.
- 12:47And we got a lot of people to sign up because.
- 12:50That's the nature, the giving nature of lawyers in San
- 12:54Francisco and elsewhere, I must say.
- 12:57And so we staffed it. To be serious in this world, you
- 13:01have to have staff. So we've hired someone, We
- 13:04started it and it grew. It did grow over the years, but
- 13:08an awful lot of people made that possible.
- 13:12It was my idea, but a lot of people worked hard on that and
- 13:17it's functioning today and that was originally known as the
- 13:21Volunteer Legal Services Program and is now the Justice and
- 13:25Diversity Center. Yes, I'll give a plug for it.
- 13:28Having done many hours at the lawyer assistance clinics.
- 13:32I love the single serving engagements with potential
- 13:36clients and the communities, the Tenderloin and Bayview that
- 13:40those clinics serve. I went one night and there was a
- 13:46heavy set. The woman lived in the mission
- 13:49and she had signed the contract. It didn't speak much English and
- 13:54the contract was in English. And she was really concerned
- 13:59that her husband, who had a temper, evidently was going to
- 14:03and so she owed $380.00 And I the next day I wrote a letter to
- 14:10the president. I I've always kind of liked to
- 14:12go to the president of something, you know, It's
- 14:15amazing what happened. I've done it about five times in
- 14:18my career. I've got result every time.
- 14:21So I wrote to him and I said basically the entire law firm of
- 14:25Morrison Forester is going to do nothing but sue you.
- 14:29OK, that's all. We're going well, I've got all
- 14:31the volunteers. We're going to keep going until
- 14:34you know you will be like Carthage.
- 14:37There won't be a stone left on the stone.
- 14:40See. And the next day I get a letter
- 14:43that basically said, that's OK, tell the nice lady to.
- 14:47She doesn't have to worry about it.
- 14:49We're canceling with that. Well, you know, when lawyers do
- 14:53stuff like that, you feel good for a week.
- 14:56Some kind of vindication of justice, actually.
- 15:00At the heart of it, justice. What is justice?
- 15:04And it's a different subject for a different day.
- 15:07But it matters. You joke a little bit about
- 15:10Morris and Forrester and all of its volunteers getting behind
- 15:13something, but that is something that the firm has done on a
- 15:18number of occasions and gotten behind big pro bono efforts.
- 15:23I'm glad you mentioned that because from the earliest days
- 15:27Bob Raven was our chair of the firm and at that time we were
- 15:33about, I guess, 80 lawyers and he was devoted.
- 15:39Pro bono work, among other good things.
- 15:42And he picked up on that. And he later became president of
- 15:46the American Bar Association and he took that, those ideas from
- 15:52the Bar Association of San Francisco, which he had also
- 15:55been president of. And he made that a national
- 15:58program at 5%. So our firm today is doing all
- 16:04kinds of. Pro bono things, I actually
- 16:07talked to somebody two days ago that's thinking about asking for
- 16:12pro bono help and we may do that.
- 16:15But it's in the fiber of the firm and I've been at the firm
- 16:1947 years and it's been in the fiber of the firm and they've
- 16:24done some wonderful things. Let's take a step back so that
- 16:28we can get to Morrison, Forester and some of the trial work that
- 16:32you did there. Yeah, let's go back to Harvard
- 16:36now. OK.
- 16:37Did you meet anyone while you were there?
- 16:41Well, I did, but I think I know what you're asking.
- 16:44I felt a little bit on one leg at the Harvard Lust.
- 16:47I liked it. I learned a lot.
- 16:50But there were a lot of of my classmates who were from the
- 16:54storied old institution. Took me a while to get to know a
- 16:58lot of them, which I did. But so one night.
- 17:01We had a house, six guys, as we used to say, and we decided we
- 17:06should have a cook, and that'd be good.
- 17:09And Carol Simon, one of our classmates, one of nine women in
- 17:13our class at the Harvard Law School in 1958, and she was
- 17:19going to be our cook. So she came, and she prepared
- 17:24Oysters Rockefeller and apple crumb pie.
- 17:28And I don't want to disparage any cooking that I had had
- 17:31before that, but this was at a level that I had not
- 17:35encountered. And she looked at me and she
- 17:39said that there's a Catholic mix on Friday night.
- 17:43Are you going? And you know, I don't know what
- 17:47to say. And I kind of mumbled and I said
- 17:49I can get my own dates, which at that time really wasn't correct.
- 17:55Okay. I was in between, as we say, and
- 17:59we had decided we work on a date to cook because it'll be messy
- 18:03and we weren't going to do that. Three weeks later.
- 18:06Carol and I got engaged. 3 weeks after that we got married and
- 18:12didn't go to class very much, I must say.
- 18:14And then when we graduated, we got in the car, we came out
- 18:18West, and so that's the story, My son Jim.
- 18:23Talks about the row of Trek W Carol and I in the car.
- 18:28We didn't have much money and we didn't know anybody, but it was
- 18:32exciting, it was fun and we've always been glad we did it.
- 18:37I love the West. It's a whole different subject,
- 18:40but to be out in the Sierras now with the views and all of that
- 18:47is a treat for me always. And at the risk of tangent, I'm
- 18:51going to give a plug for another podcast called Amicus Presents.
- 18:56And it's the class of RBG. Yeah.
- 18:58And it it is an interview of some of those nine women.
- 19:03Yeah. And a embarrassing dinner with
- 19:07the Dean where the Dean asked them to defend.
- 19:09Yes, why they are there. Right.
- 19:11And what they're going to do with their career to make up
- 19:12with the fact that a A man is not there.
- 19:15What he said, which is burned into Carol's brain and RB G's
- 19:20brain as well because I've heard her tell the story she's not shy
- 19:25about. It was it was the 4th year that
- 19:31they had women at the school. Dean Griswold had them to
- 19:36dinner. So far so good.
- 19:38And then he told them that it was too bad they were there
- 19:42taking the place of a man. Who could really do something
- 19:47with the education? Well, if you want to be known
- 19:53for terrible thing, just look at nine women in the fall of 1956
- 20:00and tell them that because they'll never forget it.
- 20:03They never did. Three or four of the nine were
- 20:07judges. There were a couple of people
- 20:09who were professors in law schools and so forth.
- 20:13And he had stumbled into eternity as a retrograde male
- 20:21character, not understanding the potential and a case that
- 20:26involved Afghanistan. What hit me in that case was if
- 20:32you decide that you're going to exclude a group, any group,
- 20:37whether it's a minority or women, if you're going to make
- 20:40it harder for them to use their skills and their talent, you are
- 20:45depriving yourself as a country of the talent that you need.
- 20:50And if there's one thing I'm very sure about, it is that
- 20:53America needs all the talent we can get.
- 20:57And I'm glad that some progress is being made along those lines.
- 21:02But how many talented kids are out there that, for various
- 21:08reasons of bias or prejudice, are having difficulty
- 21:13contributing what they can contribute?
- 21:15And how do you know which ones are going to contribute?
- 21:19You never really know that. It's just my theory of
- 21:23inclusion, which is wildly vast quality.
- 21:28What is it? It means everybody gets a
- 21:32chance. You get a chance and it ought to
- 21:34mean everybody gets an education, that education which
- 21:38they want. I think it's pretty simple
- 21:42actually. And that seems to be a running
- 21:44seam in your efforts. As much as your career focused
- 21:48on trials, you also focused on lifting others up.
- 21:52Well, this would be so obscure before anybody's time, but I
- 21:57know too much about Irish history and my family.
- 22:01Six of my 8 great grandparents came out of The Hunger in
- 22:08Ireland in the 1840s and early 1850s.
- 22:12They were on death ships, they survived.
- 22:16They were put in slums in North Point in Boston, required to
- 22:21live there and they went on to overcome a great deal.
- 22:26Really. That's something that it's just
- 22:29so long ago. But I have a case.
- 22:33I won't go into it particularly, but I went to Northern Ireland
- 22:37and investigated the murder of two lawyers.
- 22:41They were murdered only because of who they represented, and
- 22:45that's in the book. But I learned a lot about my
- 22:50family from just walking the streets of Belfast and the
- 22:54prejudice which is also in the book that exists today, and it's
- 23:00when you're on the wrong end of it, it's terrible.
- 23:04I want to take us now to Arizona and your first job as a
- 23:09practicing lawyer. Can you tell us what you did?
- 23:13I had a job as a plaintiffs in a plaintiffs for a small
- 23:17plaintiffs for a very good plaintiffs firm.
- 23:20And when I interviewed I kept asking, you know, do you go to
- 23:24the trial, go to the trial? Well, they did, but I didn't.
- 23:27And I got lucky and got a job coming out of the Kennedy
- 23:32campaign. Actually, I knew the new US
- 23:37attorney and he hired me. So I appeared on the Monday
- 23:43morning and on a Tuesday morning that my boss came in and he said
- 23:49here's the file, it's going to trial next Monday.
- 23:52I'm not totally sure whether he knew what was involved.
- 23:56And would you try it? I said, Oh yes.
- 23:59And I opened the file. It was a first degree murder
- 24:01case with death penalty allegations, and that was my
- 24:06first trial. And that's in the book.
- 24:09And I've had several people who read the book saying, Gee, that
- 24:14doesn't sound right. Hell no, it wasn't right.
- 24:18What it's like today, there's all kinds of procedures on death
- 24:22penalty and all that, but the story of the trial is in the
- 24:26book, the murder was juveniles who stabbed to death a member of
- 24:33the Apache tribe on the Pima Reservation South of Phoenix,
- 24:38and they were teenagers. Today, the law is that teenagers
- 24:43cannot be given the death penalty, which is a great
- 24:46advance, which is good. I have two different tracks that
- 24:50I want to go down to follow up on this.
- 24:52And the first is the here's a file, go try the case.
- 24:58And this is a common thing I hear from lawyers who practiced
- 25:03before the Discovery Act. Yeah.
- 25:05And nowadays, here's a file. And three years from now, maybe
- 25:11you'll be in trial. You know, this intrigues me
- 25:14because you have to go through settlement conferences.
- 25:18The client, if it's a big case, they can't afford to pay $3
- 25:22billion or whatever. And if they settle, they can
- 25:26settle for 800 million. These are real numbers.
- 25:31In those days, people went to trial.
- 25:34And I when I went to Morrison, Forrester, I started taking the
- 25:39young ones to trial. Because I know if you take a
- 25:43young lawyer to trial and they go through the trial, their
- 25:47perspective changes totally. It's like taking a young doctor
- 25:52to an operation and maybe even allowing them to do a little
- 25:57something. Then they get it.
- 25:59And what is it they get? They get the importance of
- 26:03trial. Civil lawyers talk a great deal
- 26:06about you can't get to trial because there's all these
- 26:10settlement conferences. More than once I have looked at
- 26:13a settlement judge and I have said to a judge, kind of
- 26:18disrespectful judge, you don't know this case.
- 26:22I appreciate your efforts, but we have to go to trial on this
- 26:26case. So there are ways to get to
- 26:29trial, but on the criminal side, the numbers are down, but there
- 26:34are criminal trials. So the question is what is your
- 26:38priority and if trial is a priority, you want to be in a
- 26:42civil or criminal office where they go to trials enough?
- 26:47In that vein of the civil and criminal objects, you made a
- 26:52career where you did both. Yep.
- 26:55And I can think of a handful of lawyers, most of them of your
- 27:01era, who have done something similar.
- 27:04Otherwise, for the most part, people seem to specialize.
- 27:07You may find a somebody who works as a prosecutor or a
- 27:11public defender who makes a crossing into civil at some
- 27:14point because they've got the trial experience.
- 27:16Yeah, but otherwise it's exceedingly rare.
- 27:20How did you manage that and what made you decide to do that?
- 27:24Well, remember when I started, I started the year 1959.
- 27:29It was exactly the right time. If you want to go to trial, that
- 27:33was exactly the right time. Damages were going up.
- 27:37A man named Melvin Belli in San Francisco was making something
- 27:42called the Just award, and he was getting more and more money.
- 27:47And the people I saw and admired and I would go to programs just
- 27:52to hear them talk, were of a group.
- 27:55If you've tried one case, you can try them all.
- 27:57That was the conversation among trial lawyers at that time, and
- 28:03they proved it. Yeah, I can do that.
- 28:06I wanted to do that. My curiosity was such that I
- 28:10wanted to experience, I think, all kinds of cases.
- 28:16They're great advantages to specialization.
- 28:19We have it in our firm. If a person really likes
- 28:23technology, for example, and they liked it when they were
- 28:28young, maybe they did some education that got them ready
- 28:33for patent cases. They have great advantages.
- 28:37And there's disadvantages for somebody like myself, because if
- 28:41I go into a case, I may be going against an expert who knows all
- 28:45about this. I'm thinking wrongful
- 28:47termination case, I tried and the other lawyer, that's what he
- 28:53did. So you have to work harder,
- 28:55number one, But there's a better answer to your question.
- 28:59For 47 years, we started to put together trial teams and given
- 29:06the momentous nature of some cases, the client tolerates
- 29:10that. So I would try a case, but I
- 29:14would have a patent lawyer with me.
- 29:17And depending on their background, they might do some
- 29:21witnesses. They might take the experts for
- 29:24example. So that was one reason I wrote
- 29:27the book. I literally tried every kind of
- 29:30taste and enjoyed it. It turned out that was a good
- 29:34thing. Child custody, for example.
- 29:37Divorce I did. I did some in the early days.
- 29:40Divorce and Admiralty. I tried 7 Admiralty cases.
- 29:47You get the idea. There's also a tension between
- 29:51the passion for trial. And the negotiating aspect to
- 29:57try and get the best result for your client.
- 29:59And I know that some lawyers, some trial teams, will staff
- 30:04that differently. They'll be a negotiating team
- 30:05and they'll be a trial attorney so the trial attorney can stay
- 30:09focused. I get the impression from what
- 30:11I've read that you handled negotiations as well as trial.
- 30:17Is that true? One day Jim Bennett, a wonderful
- 30:23trial lawyer, or I tried cases with him and he had a case and
- 30:28there was an issue there. I won't go into what the issue
- 30:31was, but he wanted me to help with the trial.
- 30:33He was going to try it and I would try it with him.
- 30:37So then when the trial was over, we had a meeting in the firm and
- 30:42a lot of the young lawyers came and they were asking questions
- 30:46about the trial And one person asked me, they said what did it
- 30:51feel like for you not to be in charge?
- 30:54And I said I thought I was. And Bennett didn't mind that I
- 31:03was always lead counsel from April of 1961 until my last
- 31:13trial, which was about four years ago.
- 31:17And I stopped taking new clients.
- 31:19And what can I say? You've embarrassed me.
- 31:22I mean, I like that. I really did.
- 31:27And people accepted it. I I would take young lawyers
- 31:32with me. Their number are described in
- 31:35the book. There are times in the book
- 31:37where, yes, it's absolutely a memoir.
- 31:40There's no question about that. But it's often a memoir about
- 31:44other people, and young lawyers in our firm are some of the
- 31:48people featured in what they did and what they accomplished, and
- 31:53how judges responded to them in a good.
- 31:56Way beyond memoir. I mentioned this to you before
- 32:01we started. The book reminds me a lot of
- 32:03Season of the Witch, which covers the 70s era of San
- 32:07Francisco because the nature of the cases that you handled.
- 32:12Involved rubbing shoulders and interacting with a lot of names
- 32:17that people will recognize. Not just trial lawyers, but
- 32:21politicians and celebrities. What can I say?
- 32:24I represented Willie Brown successfully for a total of an
- 32:28hour and a half, and that might be the shortest representation
- 32:33ever, but I represented Mayor Marstoni.
- 32:37I was representing him at the time that he was tragically
- 32:42killed and he was mayor at the time.
- 32:46And there were several leaders that I represented one time or
- 32:52another, and I enjoyed that. I represented Dianne Feinstein
- 32:56when she was mayor. And we went back to Washington,
- 33:00tried to straighten out the bureaucrats back there.
- 33:03So there was that. But close to my heart were the
- 33:07trial lawyers. Who was One reason I came to San
- 33:11Francisco from Phoenix was There were great trial lawyers at that
- 33:17time, and I knew that I wanted to go against them, frankly, and
- 33:21I got to know a number of them. Let's cover that in terms of the
- 33:25chronology. Had an opportunity to move from
- 33:29the Arizona prosecutor's office to the San Francisco
- 33:32prosecutor's office, right? Tell us how that came about.
- 33:35Well, you know, it's evidence of luck that I've had in my life.
- 33:40In Phoenix, there was a law clerk from with Judge Swigert
- 33:45and they were visiting. A lot of judges in the 9th
- 33:48Circuit felt compelled to come down to Phoenix in the winter
- 33:53time and help us with our. Funny that.
- 33:57Yeah, it's funny how that works. Summertime, not so much.
- 34:00You know, it's 110, that we didn't get too much help in
- 34:04those days. But he was a law clerk, so we
- 34:07went and had a beer. And he said that I he asked me
- 34:10what I was doing. I was looking for a job outside
- 34:14the office. And he said, well, you know, the
- 34:18San Francisco office is looking for somebody who's tried
- 34:21criminal tax cases because the person who did that just left.
- 34:25I said, oh, so I thought, well, I mean, it's a long shot and I
- 34:32don't know. And so and I went home and Carol
- 34:36was sound asleep. So I walked in and she woke up
- 34:41and I said there's a job in San Francisco and I'm thinking maybe
- 34:46I would apply. She got up out of bed without a
- 34:49word, went in the closet and took out a suitcase.
- 34:53And I took it from that, that she was prepared to move to San
- 34:56Francisco. And I got lucky and Cecil Pool,
- 35:00and this is in the book, what a real mentor he was to people in
- 35:05that office. They still meet for dinner.
- 35:09The the grads and all of us are quite mature.
- 35:12And Cecil Poole was one of the people that just taught us how
- 35:17to use the power that we had. Prosecutors and lawyers actually
- 35:22are very powerful. Lawyers have the power of
- 35:25advice. We say something and somebody
- 35:28might do that and you hope it's right.
- 35:32So that's how I got to San Francisco and I was in the
- 35:37office for three years, so total of five between Phoenix and San
- 35:41Francisco. And there I was, trying cases
- 35:45against some of the best lawyers that we've ever had here.
- 35:49And then a time came where you determined it was time to switch
- 35:52into private practice. It was.
- 35:54I tried a big pages for a year. It was a bank failure,
- 35:58interestingly enough, because we just had a bank failure and it
- 36:02was time to go and I so I went to a very good law firm, very
- 36:09old law firm. They called Cooper White and
- 36:13Cooper and I was there for 9 years and they did try cases and
- 36:20that was my condition when I interviewed.
- 36:22The other one was I'm going to defend criminal cases and
- 36:27Sheldon Cooper was a wonderful lawyer and he was the head
- 36:33person of the firm and he wasn't sure that was good.
- 36:36Would it be alright if I did it my own name and not in the
- 36:40firm's name? It was the old days and you
- 36:43didn't have criminal lawyers in commercial law firms.
- 36:47You really didn't and that was fine.
- 36:50So I went there and that was a good experience for me and I
- 36:54will need to point. Out for our listeners that
- 36:56Cooper White and Cooper, which I believe started in 1896, yes, is
- 37:00no relation to Cooper's or me. This Cooper.
- 37:05Yes, yes. Sheld Cooper sat in the office
- 37:09his father had occupied when the firm opened in 1896.
- 37:15And so it was old San Francisco. From there you got.
- 37:19Recruited to where you spent the rest of your career.
- 37:23I did. And can you tell us how that
- 37:24happened? In brief form, there's a story
- 37:28in the book about how six of us started a group of insurgents to
- 37:36overthrow the Senior Bar Association.
- 37:39It's too long a story, but it worked.
- 37:43And then we captured the nominating committee.
- 37:47It was the 60s. Your audience, I want to say to
- 37:50them, you you had to be there. The mood was we're going to
- 37:55reform everything now that that'd be good.
- 37:58Let's do it now. So Bob Raven, as a result of our
- 38:02take it over, he was nominated to be president-elect of the Bar
- 38:06Association. So he called me up a couple of
- 38:10years later. He did a wonderful job with the
- 38:13bar and he called me up, took me to lunch, and so we had lunch at
- 38:18the top of the Bank of America building and he kept talking
- 38:22about his firm, Morrison, which I had a lot of respect for, and
- 38:26so forth. But he didn't say, you know,
- 38:28we'd like you to come. So I thought about that and I
- 38:32asked him the next day I called him and I said thanks, thanks
- 38:36for lunch. Were you suggesting something?
- 38:38He said I was and we talked and I went.
- 38:42I was the second person in the city to ever move from one firm
- 38:48to another. That's one of the big changes in
- 38:52the practice of law around the country, that people move from
- 38:56one firm to another now hardly gets noticed, but in those days
- 39:01you went to a firm and you stayed there and that was it.
- 39:05So it was different, but it was one of the best things I ever
- 39:10did. And I was very lucky.
- 39:14And that's it for today's. Episode TuneIn next week for
- 39:17Part 2 of Jim Brosnahan. Thanks for listening.