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April 28, 2004

An Examination of the Lawyer’s Briefcase, One of an Ongoing Series of Essays on "Things Important to Every Lawyer"

Part I: Introducing the Lawyer’s Briefcase

A lawyer’s briefcase is, first and foremost, a sturdy bag designed to contain a lawyer’s stuff. This “stuff” might include, for example, a notebook and pen, which a lawyer can use to take a witness statement when he stumbles fortuitously upon the scene of an auto accident; a digital camera, which he can use to produce graphic representations of the accident scene for use at a later trial; and a calculator, which can be used after the trial to make his fees even more extravagant simply by multiplying by two.

These specific examples of what’s contained in a lawyer’s briefcase are drawn from the typical needs of a “plaintiffs’ personal injury lawyer.” Lawyers with other specialties will by necessity choose to carry other things, though this choice may not be made until the end of the day. As with other highly-paid professionals, it is at the end of the day that a lawyer often selects several time-sensitive documents to carry home, where he can remove these critical items from the briefcase, set them on a nearby coffee table, and then neatly replace them at the conclusion of the evening’s major television sporting events or really funny sitcoms. The lawyer’s briefcase has a magical quality in this regard. Frequently, once the most important items get back into the lawyer’s briefcase, they never get out. Many lawyers have been surprised to discover a forgotten briefcase after a year or two, still filled with documents but now hiding in a corner of the laundry room or perhaps sitting on the rafters that hold up the roof of the garage.

Besides being useful for carrying items home, a lawyer’s briefcase can also be used to transport items to meetings, depositions, or court appearances. If the matter is a large one, it often means cleaning out an existing briefcase to make room for new, even more critical stuff. Sometimes, it means calling up an old briefcase from retirement, since some legal matters are so extensive that more than a single briefcase is required. To be ready for this circumstance, some lawyers favor a briefcase with a strap, which allows the briefcase to be flung over a shoulder, leaving both hands free to tote a second or even a third briefcase. Often, these second and third briefcases will be trial bags, which by definition never contain a strap: they are simply too large.

The trial bag is rectangular in shape and never pleasing to the eye. It can hold up to twenty depositions or hundreds of documents, if squeezed in very tightly. It is usually constructed from some sort of indescribably hard material, much like the side of a house. Many lawyers swear by their ugly trial bags, even going to the lengths of having their names inscribed along the top.

To inscribe an ugly briefcase with one’s name--it’s a fitting demonstration of the affection lawyers have for their briefcases, and a fitting image with which to conclude part one of this four-part essay.

Coming up in the weeks ahead:

Part II: Selecting the Perfect Briefcase, Including Tips on Care and Cleaning

Part III: More Suggestions for Stocking a Lawyer’s Briefcase

Part IV: Matching the Briefcase to the Occasion

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