THE FAMILY BUSINESS

I don’t know Morgan or Morgan or Morgan, but their commercials tell us that they are a family of Florida lawyers who practice together. They are not Kentucky lawyers. The fact they are from Florida bothers me enough because of the policies of the Florida Board of Bar Examiners and their treatment of out of state applicants. They take your money and let you take the bar exam, and after you pass, they tell you that they have issues and may not admit you.

I do not know how the Morgan’s get along, but I can tell you from my experience practicing law with a family member can be difficult. My brother Bill was 16 years older than me, so growing up my time with him was primarily the weekends that he came home to Covington from UK and during the summers. But in those summers he was working at GE or elsewhere. I probably spent more time with him after he and Lois got married. After that they would come visit my parents every Friday night.

I started clerking for Bill during my second year at Chase. It was 1975 and he had formed a small firm with John Spaulding and Larry Grause. But Bill liked his independence and by 1976 he had purchased a building in Park Hills where he would practice until his death in 2005.

The best thing my brother ever did for me was to pay my tuition to take the Dale Carnegie Course. That course changed my life in many ways. Not only did it boost my confidence and vastly improve my communication skills, but lead me to a position as an instructor. It was in a Dale Carnegie Class that I met Julie Ruschell. One year later Luke was born.

But back to the law practice. My brother Bill and my son Luke very much alike. They were both brilliant, well read and had tremendous writing skills. While I would consider them both more introverted than me, they both had a vast number of friends. They were loved and respected by many.

I was young and more laid back than Bill. He was driven and held me to his standard. I fear that at the time Luke began working for me I was the one working 50 hours a week and holding Luke to my expectations. We are all “wired” differently and are wiring changes with age.

Luke preferred working at night or working from home and spending less time in the office. Too late I learned that court was a stressor for him, and what I saw as laziness was actually his anxiety and depression weighing him down. He much preferred the analytical process and writing. Also, with an undergraduate degree in programming he preferred working in the tech arena. But he told me that he wanted to practice in my office to get experience.

I have never been big on Family Law but I asked Luke if he wanted to try it. He found a few clients on his own and appeared to be getting the hang of it. When he was successful in his first DVO hearing last summer he came back proud and happy. But during winter a nasty divorce and custody proceeding appeared to wear him down. That seems to be the period where his depression and anxiety increased. What pains me is that he would not confide in me. He wanted me to be proud of him, and I was and am.

When I became uncomfortable with my situation with Bill, I felt the need to leave my brother’s office and do my own thing. Like me Luke would have been better chasing his own dream. It is important that a person wakes up and goes to a job they truly enjoy.

But it is hard to admit that to a parent. Just as an individual hates to admit a need to self-medicate for depression. I wish Luke’s story would have had a better ending.

Luckily, my brother and I were able to stay close and in 1996 he asked me to assist him in trying a murder case in Kenton County. I was honored that he asked. Our client had given an acquaintance $100 to buy him some cocaine. That individual never came back and when our client found him that got into a fight and then struggled over a gun. That acquaintance got hot in the head.

We worked together very well, keeping Judge Stephens happy while getting under the Commonwealth’s Attorney’s skin. We did not get an acquittal but our client was happy to dodge the murder conviction. He was instead was convicted of Manslaughter, 1st Degree and received a 15 year sentence. That trial brought bonding. We spoke more frequently by phone. He would ask me questions about legal issues as often as I would ask him.

So bottom line is that while many individuals have successful practices with parents or siblings, it does add that extra edge where the lines between the two relationships can blur. That creates an added stress. Some can handle it and some cannot.

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