Borrowing a short phrase from our Declaration of Independence, “[w]hen, in the course of human events, it becomes necessary. . .”, to shorten blog posts, to seek mental refuge from the vagaries of time constraints, and to obtain a handle on all the crap required in life, the individual poster should assume that time must win, and then recover what sanity is left available to him. In essence, the amount of things required for work are far exceeding the amount of time left for posting to the blog. I am not giving up; however, I am going to be posting far shorter posts, and they will probably be less frequent, at least in the short term. The trial schedule is building, the hearing schedule is built, and I might be out from under the required deposition schedule sometime in a few months. Having said this, I would encourage anyone to provide feedback, ask questions, or even a guest blog posting. ~ Michael S. Pauley
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Today the posting is very short, and pretty much to the point. We’ve survived another Super Bowl, and now I’ve got to deal with a “day job” issue. The next several weeks will be hectic for me, but I will do my best to drop a post once in a while. In the meantime, if anyone has questions, this would be the time to ask them. I’m happy to discuss anything related to the book, defense, or even the practice of law. If you have a question, drop me a line, and we’ll definitely respond. In the meantime, have a great day. ~ Michael S. Pauley
The amount of time required to keep up these days is becoming a little overwhelming. News is at a fast pace, the course of events is moving like a storm, and the amount of pure raw information is staggering. Through the years I’ve learned to keep a “to do” list so that I don’t forget anything, but these days the list is well over three pages long. This doesn’t sound too daunting, until you realize that the list is typed, single spaced, and with very narrow margins. In other words, “Damn!” As a result, I apologize now for posting much shorter blog updates, which look like they just might get even shorter. It is just that I’ve realized that they will either get shorter, or I will have my head implode sometime within the next week. An unnamed source in the Army once circulated the even older, and quite plaintive axiom, “Sometimes it is hard to remember that the initial objective was to drain the swamp, when your up to your ass in alligators.” Well, I’m in the swamp, and . . . well you get the idea. ~ Michael S. Pauley
“When in doubt, run and shout, go in circles all about. . ..” This famous little ditty is often sung by someone under a great deal of professional stress. Oh, they don’t know they are singing it, but you do, or at least you can figure it out pretty quickly. Next time you see the loud guy in line, or the person who is obviously looking like the perpetually late “White Rabbit” from “Alice in Wonderland,” then think of this poem. Trust me, it will fit like a tight shirt. What is interesting, we have a similar problem in the legal profession. While it is a similar axiom, naturally, lawyers have to use a lot more words. Regardless, I have discovered that this version is equally true, and you might learn to spot this in any local news story about something happening in your local court system.
The legal version goes something like this: “If the law is on your side, then pound the law. If the facts are on your side, then pound the facts. If you have neither, then pound the table, and point at the other lawyer.” This is so true, especially when you read in the local press about how someone is holding information from someone else, or about the evil actions of, say, one of the prosecutors or judges that inhabit the system. Not all of them are vile, and not everything is a conspiracy. I know for a fact, from several decades of governmental service, that most governmental activities aren’t organized enough to enter into a conspiracy of any kind, much less some grand scheme that cuts across multiple agencies, at multiple levels of government. ~ Michael S. Pauley The great thing about being out of the office is that, well, you’re out of the office. The bad thing? You have to come back. At our office, the inbox is often the seat of your chair, and if it attains a certain linear altitude, you know you’ve been out a few days. Face it, while Mondays stink, to really release the stench requires a moral equivalent of a Monday, which is usually the first day back after a long holiday. This trip was no exception to this rule, and with an email inbox that is full, despite the out of office message, and the chair that has attained the same height as Mount Olympus, it could be a while before anything cogent rolls off my fingers. I shall return to regular posting, but it might be a few more days. In the meantime, buy my book, so maybe I can stop trying to climb the Mount Olympus that has grown exponentially in my office. Just a thought..... ~ Michael S. Pauley
With the old year winding down, there is a natural tendency to look back and reflect on the accomplishments and even the failures. The hard part is to ignore this natural tendency, and instead, to look ahead at what is “next.” This is why we also use this time to make “New Years” resolutions, which more likely than not, we’ll break by the first of January. For me, they usually don’t last much past ten minutes after midnight when the ball drops. This year will be no exception, as I will look both backwards, and then forwards, with hope. Every year when I do this process, I realize yet again, that the view isn’t all that dissimilar from the previous year’s view. The treadmill of life moves ever forward, and I like millions of others, will make the most of it.
This leads to the inevitable, making of my own resolutions. So, like many years of the past, I will again make those few resolutions, and hopefully this year, I can craft them so that they won’t be broken so quickly. For example, I want to be a better husband, father, grandpa, and son. I think I can do this, not sure how yet, but I’m going to at least give it a shot. I guess maybe the key is patience, or it could be that I just need to shut up more. Either way, I’m going to at least give it a shot. Some other things that might be good resolutions. I want to excel at my profession. We learn all the time, so this isn’t as hard as it sounds. I may get kicked in the teeth a few times, but so be it, from each poke, you learn. Okay, got that one covered. Now then for the really hard stuff. I’d love to finish the third book, and I need to get the second book revised one more time, and then have it published. Those seem like realistic goals, and a far cry from the usual. We all ask for world peace, but who are we kidding. Is that really attainable? Maybe the real key is to set a goal that can be reached easily. This stuff about quitting smoking, drinking, or more exercise, never happens. Hell, who has time for that kind of thing. I’m too busy trying to finish the third book..... which naturally leads to more smoking, drinking, and very little exercise. If I did it all, then I would fail at the more basic stuff, such as being that better husband, father, grandpa, and son. Nope, this year is different. I plan on keeping it simple. ~ Michael S. Pauley Urban Sprawl, Tractors, and the Holidays
When my lovely bride and I first purchased our home, we made the conscious decision to live in a small town away from the city. Granted, we were about 14 miles from an urban center, but it was a remote 12 to 14 miles near a large lake. When we arrived, we had plenty of trees, space, and things were peaceful and quiet. It was a longer commute than many like, but at least it was a restful commute. Unfortunately, it appears that we didn’t get “far” enough out! Over the last 15 years, what was once a small town near an urban center, became a suburban enclave, inside an urban center that was growing like a hydra. No question, the “Urban Sprawl” is killing us, and what makes it especially bad is that, with the sprawl came a complete absence of any real improvement to the local infrastructure. (This includes the power grid, which is second only to Venezuela or Uganda for being really horrible.) My bride and I were obviously ahead of the curve when it came to our home selection. What was once a quiet location, is now subjected to the constant sirens of ambulances, fire trucks, and police cars. What was once a remote and peaceful drive, is now choked with our new “neighbors” as they commute from the “city.” What was once a farmer’s field, is now a “Super Wally World” or “Target” or whatever sort of commercial operation that requires about a zillion square feet of concrete or asphalt. In other words, we are now part of the dreaded suburban population, along with all the madness that accompanies that notion, especially at this time of year. At certain times of the day, usually from 7:00 a.m. until sometime around 8:00 p.m., you will enter this massive traffic flow at your own risk. The two lane roads existing when we moved here, are now four lanes that still can’t keep up with the sheer volume of traffic. Where before there were only a half dozen traffic lights within a 5 mile radius of the town center, there are now too many traffic lights to count. Yet, nestled within this bustling and overflowing town is a man who refuses to let go of the small town or to accept the new reality. No, it isn’t me, although that would be a good guess. Nope, instead it is this fine old gentleman who is an ancient farmer and more than a local “institution.” He is an “old school” stand alone kind of man, mainly because everyone is terrified to get near him. I must admit that this terror also appears to include the local constabulary, who overlook a lot of things when it comes to him. Regardless, he is my personal hero, mainly because he is as cagy as a fox. For the purposes of this Blog, he will remain nameless, but he is truly a sight to behold in our town. Personally, I love seeing him, mainly because of what he represents. This individual, clad in his bibbed overalls, long sleeve shirt, and ratty old ball cap, usually will be operating an ancient tractor through the middle of “rush hour” traffic. Using only the turning lane, between the onrushing and outflowing traffic, he will cruise along at a bustling 5 mph, making odd turns while often times drinking a beer (Busch beer is his brand of choice). These sojourns all take place at the height of rush hour, otherwise, why would he go anywhere at all. Does he frustrate me? Sure, a little, but never as much as he frustrates the hordes of “Young Urban Professionals” who will yell, scream, blow horns, and drive off the road to avoid him. You ask, well isn’t he a hazard to himself and others? Probably. Was he here before they even paved that road, which is now four lanes wide and packed with commuters? Damn right he was there, and in fact, he owned the property before they built the road. He also owned the land where they stuck the “Target,” “Wally World,” and at least another couple dozen business sites. Does the tractor belong in a museum? Yes it does, and I even know where a tractor museum is located in Virgina, but this thing actually runs, well, at least most of the time. When it isn’t running, he will stand by the road and just wave at people flying by him at Mach 5, as he sips on the ever present beer. (I have actually seen him with a beer in his hand as early as the 7:30 a.m. commute!) Personally, I admire him. He reminds us about what is important in our lives, and about how things used to be, before the sprawl ate up the personality of our home. (There is also the argument that perhaps I admire him for annoying the hell out of these “newbies,” that run everyone off the road whenever given half a chance. Okay, maybe a little.) That aside, I also admire him for being completely unchanged by events around him, especially in his own life. Does he drive a fancy car, wear nice clothes, or have a lot of stuff? The answer here is a clear, nope! Despite his financial wealth, this man is still quite simple in both his living and his outlook. As he cruises down the road on the old beat up tractor, past his sign that says, “Chiken Comp 4 sail 4 UR flours,” he can be found sipping on his beer and waving at anyone who dares make eye contact. He is my hero because he is a reminder of another time and another age. I won’t apologize for it either, because it is always hard not to admire a man who can live like this, especially at this time of year. Besides, if I apologized, I’m pretty sure the old guy would probably hunt me down and kick my teeth in....... ~ Michael S. Pauley Crunch Time!
As kids we always looked forward to the holiday season. Regardless of your religious bent, the holidays were something to look forward to enjoying. As I’ve gotten older, okay much older, I have come to realize that the holidays are not just for celebration, but often times, they are that brief period of time for a quick sigh of relief. (Albeit, a very brief period of time.) Illustrating my point, we can take any professional or student, and notice how they are working towards that “end of year.” Now is the time that the Court System starts the rush to complete all those loose ends, and the lawyers scramble to get all the deadlines covered. The CPA is trying to get the “year end” numbers right, while the student is cracking the books for exams. This year even the physicians are struggling with a higher volume of patients, as they scramble to treat more patients before the newly imposed deadlines related to the imposition of the Affordable Care Act, a/k/a “Obamacare.” These are just some examples, because face it, everyone is impacted in some way by the “holiday crunch.” Now along with the work issues, you have to add those pesky family issues. The parent who has everything already; the kids who need money; and that pointless search for the ever popular “perfect” gift for each of your loved ones. Overlying all of this will be the inevitable horrible weather bogging down the transportation system. This is all without adding at least one or more forgotten deadlines that are about to bite you in the ass. Finally, after trekking halfway around the world (or so it seems, even if your destination is a half mile away), you run into that ONE relative. You know the ONE, (we all have at least one), they are that relative who annoys you by their mere drawing of breath, and with whom you must make “nice” for countless hours. I generally define stress as: “suppressing the desire to choke the living crap out of the person annoying me.” Therefore, there is no question that this is a stressful time of year. There are people who at work, on the road, and, even sometimes at home, that you would like to strangle, but don’t. Finally, with all the build up, annoying specials on TV, and crunch hitting all at once, you realize that it still really all boils down to family. As a result, you take a deep breath, down a stiff drink, and then hold on to the fact that with each year that passes, these moments are actually quite priceless. So, despite the stress, just remember the true meaning of your holiday, and hold on to what you can. Someday these things will be quite funny to you, and may well be all you have. Yep, welcome to the “Holidays!” ~ Michael S. Pauley There is now a FAQ page under 'About the Author' that contains the FAQ and responses from previous blogs. Please feel free to contact me with any other questions you may have. I will answer them and add them to the FAQ page-all anonymously, of course!
Sorry for having missed a few days. I have been getting ready to go to Richmond, on the road to Richmond, in the 4th Circuit Court of Appeals, and on the road home. I drove up Wednesday, reviewed the case and put final touches on the argument, crashed, went to Court, did my bit and drove home. From where I live, it is a 7 hour drive each way, made longer and more frustrating by all the road work. Being in the car for over 14 hours in two days tells on these old bones. And again, I was in this wonderful, historic city and did not have time to see any of it, save for the hotel and the Court. One day I must go just to be a tourist. There are monuments and memorials that I would love to visit. Museums always draw me and Richmond has several that should be fun and interesting. I know my wife wants to visit the Poe museum and I passed a sign on the interstate for a 'Country Doctor Museum'. That could be fascinating! So many places in Virginia are featured in the book, including the James River. I have not had much time to re-visit these places in recent years and would love to have the time to do so. I planned in my head a tour for myself to include the USS Wisconsin, the USS North Carolina, and Patriot's Point in South Carolina. We took the kids when they were younger and we all had a great time. Need to go again.
But now, I am back home, back to the grindstone, and feeling every ache from every stupid thing I ever did as a young man! ~ Michael S. Pauley |
AuthorMichael S. Pauley is a Navy brat and an old soldier who served in all three components of the United States Army. Living in Lexington, South Carolina, Michael is now a practicing attorney and member of the United States Naval Institute and the American Legion, Post 154, Tybee Island, Georgia. Archives
June 2021
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