The Books We Read
Originally Published in the Kansas Bar Journal in March 2017
When I was a fledgling English major, I encountered Ralph Waldo Emerson’s quote, “I hate quotation. Tell me what you know.” Emerson penned the phrase in his journal while critiquing how people address the subject of immortality, and the quote hit me at a formative time. Emerson’s admonition suppressed any previous tendencies toward using quotations in speech or writing during my college years.
The heavy emphasis on proper citations and quotations in law school fortunately taught me a better balance in using other writers’ words. So with a touch of irony, I will use another Emerson quote as the foundation of this column: “If we encounter a man of rare intellect, we should ask him what books he reads.”
I am most certainly not a man of rare intellect, but I enjoy speaking with individuals who are. When possible, I want to hear what they are reading and how they interact with the ideas in the books they read. In recent months, I have had friends and family—individuals far wiser than me—steer me toward the following:
Quiet: The Power of Introverts in a World That Can't Stop Talking[1]
Hillbilly Elegy: A Memoir of a Family and Culture in Crisis[2]
The Narrative of Arthur Gordon Pym of Nantucket[3]
The Singer[4]
Ten Restaurants That Changed America[5]
The Bully Pulpit: Theodore Roosevelt, William Howard Taft, and the Golden Age of Journalism[6]
The list is diverse, but I enjoyed each one. Just as much, I enjoyed discussing the books with those who gave the recommendations. Digging into a good book may seem like a frivolity, but non-work reading is both a joy and a value in a profession that demands excellence in communication.
My first mentor after law school, Jared Maag, sent me to an all-day training by Bryan Garner during my first year of practice. We worked through The Winning Brief,[7] and it was a revelation. Garner offered point-by-point instructions on writing effectively and persuasively. I still strive to improve my writing by returning often to his books. But one of the primary recommendations Garner gave was to consume quality reading material and do so often.
Garner and Justice Antonin Scalia summarized this idea in Making Your Case: “Cultivate precise, grammatically accurate English; develop an appealing prose style; acquire a broad vocabulary…[These] are lifelong projects, and you may as well begin them at once. You’ll find that it’s a pleasant set of tasks because the first and principal step is to read lots of good prose.”[8]
Even if there isn’t time to read a lengthy book, it is still possible to find good prose in shorter form. Publications like The Atlantic, The Economist, and The Wall Street Journal hold their writers to a high standard of communicating complex ideas in an accessible manner. Any lawyer who can accomplish this is in a strong position to succeed with the courts and clients.
The modern practice of law requires dexterity with the written word. Not only does clarity increase the likelihood of success, but it also increases accessibility and understanding. Clear writing that a client can understand is an element of justice, and improving our craft is subsequently a worthwhile pursuit. While this can be a challenge, reading for pleasure at least adds a degree of joy to the practice.
Often when I encounter quality writing, it reveals the void between my own prose and the precise elegance so characteristic of the best writers. Fortunately, our profession gives ample opportunity to practice and improve. And if we supplement the opportunity with an intentional pursuit of quality writing, we can find ourselves with a fusion of Emerson’s quotes: when you encounter writers of rare talent, read the works they produce. You, in turn, will more likely become a writer that others can’t help but quote.
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[1] Cain, S. (2012). Quiet: The Power of Introverts in a World That Can't Stop Talking. New York, NY: Broadway Books.
[2] Vance, J.D. (2016). Hillbilly Elegy: A Memoir of a Family and Culture in Crisis. New York, NY: Harper Publishing.
[3] Poe, E.A. (1838). The Narrative of Arthur Gordon Pym of Nantucket. New York City, NY: Harper Publishing.
[4] Miller, C. (1975). The Singer. Madison, WI: InterVarsity.
[5] Freedman, P. Ten Restaurants That Changed America. New York City, NY: Liveright Publishing.
[6] Goodwin, D.K. (2013). The Bully Pulpit: Theodore Roosevelt, William Howard Taft, and the Golden Age of Journalism. New York, NY: Simon & Schuster.
[7] Garner, B. A. (2004). The winning brief: 100 tips for persuasive briefing in trial and appellate courts. New York: Oxford University Press.
[8] Scalia, A. & Garner, B.A. (2008). Making Your Case. St. Paul, MN: Thomson/West.
