Edwin W. Patterson III, or Terry, as he’s better known, is retiring from the Cincinnati Bar Association this April after 39 years serving as general counsel with the organization. To know Terry is to know his sharp wit, incisive approach, and indefatigable pursuit and defense of ethics. Admitted to practice law in Ohio in 1979 and CBA counsel since 1982, he has seen cases come and go in the intervening 40-odd years, but his zeal for serving the needs of the bar has never wavered. Perhaps his largest contribution to the legal community comes in the form of the Ethics Hotline, which Terry helped establish in 1998. This attorney resource is now so integral to practice, it seems almost impossible it hasn’t been here all along. A diehard fan of the Cincinnati Reds and avid photography fan, Terry has embodied gentle wisdom and a friendly nature in the most admirable of ways: unassumingly. He will be most keenly missed by current and former colleagues, who share their tributes on page 10. Read on for Terry’s own reflections on a career well-spent.
What I relished the most was that, on many days and in many situations, I got to be the man in the middle, a third-party neutral. If someone called for my opinion, usually on a question of ethics, I was not an advocate or an adjudicator. Lawyers on the street whom I had never met would stop me on the sidewalk and thank me for conversations that I didn’t always remember having. But I have been counsel to the CBA Grievance Committee since 1982, and, as such, I was an advocate. I was the scrivener on many briefs and other pleadings. I definitely enjoyed working with the committee members to address the mysteries, and quirks of human behavior that we were presented with. Additionally, I have been a member of the National Organization of Bar Counsel for over 35 years, through which I met friends and acquaintances across the country.
First, I think the adage about death and taxes applies here — most lawyers know that it exists, but they don’t want to think about it. Since 1982, I have had the privilege to work with hundreds of lawyers who volunteered their time and energy serving on the committee. The Grievance Committee is unique among bar committees because it consists of a diverse group of lawyers who come together for a common purpose: to uphold the integrity of the bar and to protect the public. The committee members don’t always agree with each other, but they demonstrate solidarity in fulfilling that purpose. Everyone in the room knows why he or she is there.
On a lighter note, I will recite some curious facts about past or present committee members. One or the other of them has:
Many. The phone would ring, and people would tell me the most incredible things. That’s a big reason why I stayed so long. For the intrigue. One day, I came back to the office after lunch and asked my paralegal if anything happened while I was out.
“Hollywood called,” she said.
“Right,” I responded, as slowly and sarcastically as possible.
“Here’s the name and number for you to call,” she said, as she handed me a slip of paper.
I dialed the number and a young woman answered: “Harry’s Law.” I asked for my caller and she said “He’s in the script department. I’ll put you through.”
“Harry’s Law,” a legal comedy-drama set in Cincinnati, was in production and had not yet been broadcast. I had never heard of it, but I had certainly heard of its creator, David E. Kelley. That’s not who I spoke with. The scriptwriter asked if he could “run” something by me, an expression I had heard hundreds of times before, as many of my ethics callers say exactly that. He proceeded to recite an absolutely correct description of the procedure that is followed in an Ohio attorney disciplinary case, which I confirmed to him. I asked him if he needed anything else from me, and he said: “Watch the show.”
After I hung up the phone, I realized that I had just lost a chance to ask for “Harry’s Law” t-shirts for my entire department! When I went back to my paralegal’s office, she and our law clerk were already watching a promotional clip for the program on the internet.
I have two observations that I would offer to all lawyers. The first is based on a thought I have shared with my law clerks over the years. I think the most important subject taught in law school is the law of agency, because it is the foundation of the attorney-client relationship. I also think it would be the most useful subject to a law school graduate who never practices law, although a strong argument could be made for the law of contracts. This leads to my first point: if you understand your duties and the limits on your authority inherent in an agency relationship — and you always try to do the right thing — you have a good chance to enjoy a solid career in law without any challenge to your integrity. The only caveat I will add to that statement is it would be best to also study the ethics rules on trust accounts and client solicitation, as they contain technical requirements which may not be obvious.
My second observation also applies to every stage of a legal career. I have seen that trouble might be avoided if, at the outset of every professional encounter — i.e., drafting a letter, making a phone call, taking a meeting — the lawyer asks himself or herself: “Do I (still) have a client? Who is my client?” Yes, this seems to be a dumb question, but keep in mind that the answer can change.
My mantra for 2020 was “Stay safe,” and I say that to all of you now.
Patterson is General Counsel for the CBA.