Patrick Berry, The Levison Group
In my legal practice, I’ve represented numerous clients who transact business and have operations all over the country and throughout the globe. From manufacturers who make widgets in Germany, to tech companies with offices in California and London, to my client, “Bob,” who got into some trouble down in Mexico over the 4th of July. But let's not talk about Bob.
Business in the 21st century has become increasingly global, and lawyers have had to keep pace. But at the same time, the practice of law remains, in many ways, hyper localized. With some exceptions, state lines limit where lawyers can ply their trade. Though this rule can be frustrating at times – to lawyers and clients alike – and sometimes requires that lawyers turn down work, there are good reasons for the mandate.
One principal rationale stems from our pesky system of federalism (see A. Hamilton et al.). Each state (and D.C.) has the freedom to enact its own laws, which has resulted in a patchwork system of rules and regulations that, at times, differ substantially from state to state. (I’m looking at you, Louisiana.) The bar exam, and our Continuing Legal Education classes, seek to make sure lawyers understand the particular rules that apply in their home state.
In my mind, there is a related, but even more important reason for imposing geographic limitations on a lawyer’s practice: the successful practice of law requires an intimate understanding of one’s locality and local circumstances, as well as a familiarity with the local actors and officials who enforce the rules. One of my favorite professors in law school once quipped that “there is the law, and then there is the law on the ground.” On the one hand, there is “law”: case law, statutes, regulations, etc. Often more important is the “law on the ground”: how those rules actually play out in clients' lives. The “law” is not self-effecting, but rather is influenced and determined by individual actors (exercising discretion, sometimes without regard to the law) and local circumstances. Effective lawyers have a keen sense of their jurisdiction’s local landscape, and ideally connections within the locality. They employ that local expertise to advance their client’s interests and help them avoid sometimes critical missteps.
Out-of-state lawyers are simply at a disadvantage when it comes to matters that have local considerations and consequences. Truth be told, the benefits of local expertise and experience are not limited solely to the practice of law. In fact, a couple of world class marathoners were just brutally reminded of this age old notion.
The annual Venice Marathon was held last month in, you guessed it, Venice. It was a beautiful day for the iconic race, with high temperatures near 60 degrees. The course begins in nearby Stra, a small Italian country town a few miles west of water-bound Venice, then winds through the riverside, ultimately ending in the ancient Venice city center.
From most people's perspectives, Venice is one of the most beautiful places on Earth. It is also a place, like many old European cities, where it’s easy to get lost if you don’t have your wits about you. The city is filled with crisscrossing alleys, interior streets that seem to lead nowhere, and unmarked thoroughfares that convince you you’re insane. As they say, “You haven’t really visited Venice until you’ve been lost in Venice.” I had “visited” Venice within an hour of arrival.
The marathon started as expected. For the first 16 or so miles, the elite Kenyan runners who were predicted to win were, to no one's surprise, doing just that: winning, handily. They had separated from the pack and appeared to be heading towards an unsurprising first and second place finish. But then, as often happens in Venice, the foreigners got lost. Somewhere before the 17th mile marker, when the race started to wind through Venice’s ancient interior streets, the runners, reminiscent of visiting barristers in an unfamiliar jurisdiction, took a wrong turn.
A local Venetian, running in his second ever marathon, seized upon their misstep. He knew the Kenyans had made the fatal tourists' error. Realizing he had an opening, he pounced with the precision of a plaintiff's lawyer seizing on an equivocating out-of-state trial lawyer. By the time the foreign runners all realized their blunder, it was too late: Venice’s confounding street plan had claimed its latest victims. The Venetian held onto his lead, becoming the first Italian man to win the Venice marathon in more than 2 decades.
Lesson: Whether you’re a top attorney, an elite runner, or any of a myriad other professions, technical skills and prestigious credentials only get you so far. No matter how global our world becomes, the law – and pedestrian navigation – continues to retain critical localized considerations and nuances. Lesson #2: If you want to visit Murano (an island near Venice, famous for its master glassmakers), don't take water taxi No. 2 with Giuseppe unless you have an iron stomach. Trust me, I'm speaking from experience.
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