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Judges and Judiciary,
Law Practice

Jun. 6, 2015

Every lawyer's free (to wear sunscreen)

Richard Mosk gave the swearing in speech in Pasadena Thursday for the bar's newest members. Here's what the justice had to say.

Richard Mosk

Having done this a number of times, it reminds me when after my father gave a graduation speech, a mother came up to him and said, "Justice Mosk, every speech you give is better than the next one."

To quote from a graduation speech falsely attributed to Kurt Vonnegut,"Ladies and gentlemen: wear sunscreen. If I could offer only one tip for the future, sunscreen would be it. The long-term benefits of sunscreen have been proved by scientists, whereas the rest of my advice has no basis more reliable than my own meandering experience. I will dispense this advice now." It concluded, "Be careful whose advice you buy, but be patient with those who supply it. Advice is a form of nostalgia. Dispensing it is a way of fishing the past from the disposal, wiping it off, painting over the ugly parts and recycling it for more than it's worth. But trust me on the sunscreen."

[The quote is actually from a 1997 essay by Chicago Tribune columnist Mary Schmich, though you may remember its spoken-word version from Baz Lurhmann's 1999 song, "Everybody's Free (To Wear Sunscreen)."]

Actually, I have given up on advice from professionals. Some years ago, I went to my doctor and asked how long am I going to live. The doctor said, 60. I said, I am 60. He replied, "I told you so." I recently had a birthday. My grandson, who had been in the Middle East, said I was so old that when I was young, the Dead Sea was just sick. I had to remind him who was paying his tuition.

I have a few thoughts you might consider.

1. Even though you passed the bar, you are no more ready to try a major case or draft a trust indenture than a medical intern is to perform brain surgery. Get mentoring and learn something about a subject that you didn't take in law school and that was not on the bar exam, i.e. - tax, bankruptcy, international law. These subjects may be relevant in any transaction.

2. Get training. Those who try to do it on their own from the outset never learn good habits.

3. The practice of law is like a tennis match. Whatever you try to do for a client, there is often someone on the other side who does not want you to do it. This can lead to hostility, anger and emotion. Like a tennis match, you will have much more fun and satisfaction if you are friendly with your opposing lawyer and you will probably save your client money. I sometimes travelled with opposing counsel in a case. Some of those attorneys became close friends.

4. If the economy allows it, change positions at least every five to 10 years. I did it - other than changing wives. (I am over 10 years on the bench now.) You only go through life once. So new challenges and experiences make life more interesting. The law itself holds a great variety of opportunities. If you search there are many interesting positions around the world. There are international tribunals, human rights projects, international agencies, and of course, government service.

Well, enough of my advice. To quote Woody Allen's graduation speech: "More than any other time in history, mankind faces a crossroads. One path leads to despair and utter hopelessness, the other, to total extinction. Let us pray we have the wisdom to choose correctly."

He also said, "Summing up, it is clear the future holds great opportunities. It also holds pitfalls, the trick will be to avoid the pitfalls, seize the opportunities, and get back home by six o'clock."

We congratulate you and welcome you to the bar.

This is adapted from a swearing in speech given by Richard Mosk, an associate justice of the California Court of Appeal, on June 4 to new members of the State Bar.

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