The University of Texas at Austin

Law in Popular Culture collection

ALSA Forum
Volume 4, Number 2 (1979)
reprinted by permission Legal Studies Forum

ADVERTISEMENTS FOR THE LEGAL SELF:
A REVIEW OF CONTEMPORARY LAWYERS' AUTOBIOGRAPHIES

DAVID RAY PAPKE
American Sudies, Yale University

     In the early days of the Republic the American bar used a
humanistic glass. Lawyers saw the law as a rich coordinate
of the Bible and literature and themselves as gentlemen.
Practice sometimes betrayed these pleasing visions, but at
least the image was easy to face.
     Today hardly anyone--lawyers included--would mistake a lawyer for a
gentleman. A rare attorney such as Louis Nizer writing in his recent Re-
flections Without Mirrors still refers to the humanistic model, but most
attorneys are of a more contemporary mind. In their brightly packaged pro-
fessional autobiographies they present self-images grounded in profit-
oriented deals and fast-talking. And the reader or consumer of legal services
is left with his worst fears concerning the contemporary bar thoroughly con-
firmed.
     The case is strongest against Melvin Belli who has chosen to tell his
tale in My Life on Trial. Belli aspires to the image of the cowboy. Born in
the foothills of the High Sierras, he insists his clothes have a western cut
and his penthouse resembles an 1890's San Francisco whorehouse. Belli laughs
at his cliched image, but after following him through case after case, the
reader realizes that on another level Belli is, as they might say in his
romanticized West, "plumb serious."

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     As is often the case with autobiography, particularly pedestrian auto-
biography, the author tells the reader much more about himself than he ever
intended or realized. Indeed, Belli's string of anecdotes makes the reader
wince: Belli shaves his head as a young boy; Belli runs naked down the
Berkeley streets as a college student; Belli pages himself in the Orly In-
ternational Airport. Through it all the reader detects a need for attention,
approval and perhaps counseling from a non-legal professional.
     As the proclaimed King of Torts, Belli envisions himself benevolently
reigning in the realm of personal injury litigation. Relying on demonstra-
tive evidence to sway juries, he litigates suit after civil suit for damages
on behalf of injured plaintiffs. Early in his career Belli purportedly
succeeded in enlarging the standard amount a plaintiff could expect from an
insurance company or employer. As a result, he is inclined to commend him-
self for slaying the establishment dragon on behalf of the fabled "little
guy."
     But a reader familiar with the workings of personal injury litigation
might be skeptical. After all, most personal injury cases bring the plain-
tiff's lawyer a contingency fee, that is, a percentage of the award or
settlement. Given the way Belli boasts of his yacht, office and travels and
even supplies pictures of his five wives as if they were baubles on his
string of life, one suspects Belll's personal injury litigation edifice has
a materialistic rather than moral foundation.
     Furthermore, does this legal cowboy really identify with the little guy?
After graduating from Boalt Hall he worked briefly for the federal govern-
ment spying on hobos, and then he campaigned against Upton Sinclair when the
latter ran for the California governorship. Even much later, as an estab-
lished lawyer, Belli refers to some of the little guys as "wackos."
     When the readers of My Life on Trial return their verdict, Melvin Belli
seems destined to lose. It is insufficient to devote several hundred pages
to self-praise. Belli does quote a number of acquaintances who are impressed
with him. He does suggest an Order of the Legal Garter and then includes
himself in this list of celebrated attorneys. Yet, a different impression

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lingers: Belli is an ambitious and aggressive lawyer who rode into town at
just the time of a major gold strike in the surrounding hills.
     If we leave Melvin Belli, the San Francisco cowboy, for Boston's F. Lee
Bailey, we find the latter aspiring to another familiar heroic form: the
pilot or aviator. Bailey has written two autobiographical works, The Defense
Never Rests and For the Defense, and in each the lawyer as latter day
Lindbergh soars through the legal system as "velvet sky." Bailey asserts
that were he the proprietor of a school for lawyers, he would insist the
students learn to fly:
I would send them up when the weather was rough,
when the planes were in tough shape, when the birds
were walking. The ones who survived would under-
stand the meaning of "alone." If I understand any-
thing, I understand that. I've been a pilot for
seventeen years ... I am also a criminal lawyer.
     Back on earth, Bailey also blends the traditional Horatio Alger tale
into his heroic self-imagery. He grew up in Waltham, Massachusetts, a tough
New England town which in Bailey's youth was the center of the clock manu-
facturing industry. Bailey struggled in the Waltham public schools but then,
thanks to scholarships, studied at a private secondary school and Harvard
College. After a stint in the Marine Corps he attended Boston University Law
School and was on his way to a legal career.
     However, as is inevitably true in the autobiographies of American
lawyers, the author reports that his early days in practice were demanding
and impoverished. Why is it that every published lawyer stresses his days
in the school of hard knocks? In our crazy national mythology the independ-
ent cowboy-aviator-lawyer is not only the classic hero but also quite pre-
dictably self-made.
     Much like Melvin Belli and his touted demonstrative evidence, Bailey
first made his mark in the profession with a specialized tool: the poly-
graph. In his autobiographies Bailey extolls the virtues of the lie
detector.  His repetitive accounts of battles to gain acceptance of poly-
graph tests as evidence are boring, but when assembled, they constitute a

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curious endorsement of technology as truth. Once again, Bailey is thoroughly
in the American grain.
     Bailey uses the polygraph primarily in criminal law work, a field which
early in his career subjected him to pangs of low status similar to those
stabbing the personal injury lawyer. Indeed, on some professional hier-
archies, criminal lawyers rank even lower than personal injury lawyers. When
Bailey's mother boasts of his success in the criminal courts, her spinster
friend astutely replies, "I suppose when he's starting out, he has to take
whatever he can get."
     By today Bailey has presumably overcome his status anxiety, but still,
one wonders about his tendency to slap himself on the back. Much like Belli,
Bailey lists the best lawyers in the country and places his own name at the
top of the list. He also speaks of the special drinking abilities and robust
frankness of trial lawyers and deludes himself into thinking that, in their
respective eras, Clarence Darrow and he are comparable leaders of the liti-
gation bar.
     Both of Bailey's autobiographical works revolve around his most famous
cases. The tales are presented like Erle Stanley Gardner's "Perry Mason"
stories, with dramatic courtroom scenes, scintillating cross examinations by
the hero and nail-biting finales. At one point Bailey even resorts, one
hopes tongue in cheek, to a Gardneresque cast of characters, complete with
humorous capsule descriptions.
     Bailey's most intriguing report concerns his representation of Albert
De Salvo, the confessed Boston strangler. The tale, for obvious reasons,
does not culminate in the familiar verdict of innocent, but Bailey is at his
best sketching a deterministic criminology and conveying De Salvo's chilling
recollections. Bailey even appends an epilogue to the De Salvo chapter, one
blessed with introspective qualms about the ultimate viability of the Ameril-
can legal system.
     In the end Bailey's autobiographical works are twice as numerous as
Belli's, but only slightly move appealing. Both authors would have the
reader believe they are tribunes for the people--one in the saddle, the

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other in the cockpit--but skepticism is advised. The reader need only re-
member that after a recent Portland jet crash killed 10 and injured 65,
Bailey rushed an advertisement into a Portland newspaper announcing that he
handles wrongful death and personal injury cases arising out of aircraft
disasters.
     Is there any hope for the humanistic model among the superstars of the
American bar? Yes, but only in the person of Louis Nizer. His most recent
autobiographical.work, Reflections Without Mirrors, is a winsome supplement
to his earlier My Life in Court and The Jury Returns. All three introduce
the reader to a lawyer who defines himself not as macho adventurer but as
sensitive artist.
     Devotees of Nizer's autobiographical works will concede that Reflections
Without Mirrors is slightly inferior to the earlier works. Nizer is now 77,
and as he looks all the way back to his boyhood in a one-room apartment be-
hind a Brooklyn cleaner's, he tends to ramble and pontificate. He reflects
on "the future of mankind," he reveals an out-dated sexism when discussing
divorce rates and is too beguiled by the space program. And indeed, Nizer
seems aware of these tendencies when he characterizes the work as "selective."
     Yet despite minor problems Reflections Without Mirrors is superior to
anything written by Melvin Belli or F. Lee Bailey. Ironically, Nizer is the
only one of the three who makes due without a professional writer to tune
his prose. He can be turgid and legalistic, employing words such as
"sequellae" and succumbing to his profession's passion for passive and in-
verse constructions. But a graceful dignity salvages his prose and ultimately
charms the reader.
     Nizer has a taste for the delicacies of thought and language. In My Life
in Court he is uneasy revealing that pre-trial jitters force frequent visits
to the toilet, and in Reflections Without Mirrors he chastises Richard Nixon
for using inelegant phrases such as "screwed up." F. Lee Bailey, meanwhile,
refuses to apologize for using the term "Jap," and he announces plans "to
tear a witness a new asshole."

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      Nizer's approach to language is a part of his professional self-image.
When a divorce case thunders like a "symphony crescendo," a courtroom
summation is "a mosaic of persuasion" and well crafted arguments resemble
"lustrous drapes," Nizer is the lawyer as artist. Rather than boastful
bravado, he proffers reflective sensitivity.
     Although Reflections Without Mirrors touches everything from voice
lessons to the personalities of New York City majors, Nizer is at his best
with legal topics. Like Belli and Bailey, he recounts his most intriguing
cases, customarily introducing each with a concise critique of the relevant
area of the law. Unlike Belli and Bailey, Nizer allows his clients to occupy
center stage. The clients' stories radiate provocatively, and all Nizer's
books concern much more than Nizer himself.
     Not surprisingly, Nizer approaches his clients with the same gentleness
he uses with language and lawyerly artifice. There are no "wackos" among
them, and even easily stereotyped personalities such as Truman Capote and
Jacqueline Suzanne are portrayed as sympathetic and multifaceted. While
Melvin Belli, by way of contrast, describes explicitly a client whose breast
surgery was terribly botched, Nizer looks for and locates the nobility of
the human spirit.
     Nizer's reward is a transcendence of the legal profession's status
differentials. To be sure, he practices in a large New York law firm and
on occasion does prestigious corporate law work, but he also handles divorce,
personal injury and criminal cases. Regardless of the type of legal work
Nizer betrays little awareness of his profession's pervasive stratification.
His only prescription is that lawyers of all kinds possess a sense of honor.
     Beyond reports of his actual cases Nizer is also a resource on general
legal topics. Filled with wonder about the law, he reflects on the history
of juries and the boundaries of Anglo-Saxon jurisprudence. Even the Marxist
who might be troubled by Nizer's graceful false consciousness would commend
his chapter on pornography. It is a superb essay combining legal defini-
tions, movie reviews, an insider's view of arguing before the Supreme Court,

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political science lessons and--last but most delightful--a refined demolition
of Justice Rehnquist's intellectual capabilities.
     Perhaps the only legal topic covered by Belli and Bailey which Nizer
disregards is the operation of bar grievance committees. Their personal
experiences answering charges of unprofessional conduct make Belli and Bailey
experts on this topic. Both decry the way they have been treated, an exer-
cised lament which quickly conveys the reader to the side of the grievance
committees. Nizer, on the other hand, secure in the belief that an attorney
should absorb heat for his client rather than generate it, emerges as a model
for propriety.
     Since the Supreme Court has ruled that contrary to bar association
strictures lawyers may advertise, the reader might approach these half dozen
works as advertisements for the legal self. As cowboy, aviator and artist,
the authors grow into and out of their self-images, and they also employ the
self-images as their major advertising ploys. The first two self-images are
suggestive of the twentieth century devolution of the American bar. The
smart consumer, meanwhile, opts for the third.

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