Customer Reviews

Courting Justice: From NY Yankees v. Major League Baseball to Bush v. Gore, 1997-2000

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Most lawyers dream of leading that high-profile case that will bring them the riches and recognition they've worked so hard for--for super-lawyer David Boies, it's just another day at the office. Courting Justice reels readers into the life and view of America's top litigator, through a gripping account of the cases that have brought him fame, fortune and frustration after leaving the top law firm in the country in 1997 to start his own law firm. Boies' legal insights and strategies frame the issues presented in these cases in ways that make sense to both experts and laymen, and allow readers to undertand the powerful interests and high-stakes behind the seminal cases of our day.

I found Courting Justice to be as much of a page turner as any John Grisham book I 've ever read. Boies' knowledge of the law coupled with his exciting storytelling make this book a must-read for everyone.

Often you hear encomiums on a book to the effect that 'I wanted it not to end.' I have often thought such words were overdrawn, since I usually want to finish what I am reading so as to read something else. But NOT this book. I found the book page after page compelling reading, and could not help but be fascinated by the accounts of the high stakes litigation in which Boies was continually engaged. Even a case like the Microsoft anti-trust case, dealing with high tech issues not easy to comprehend, is very well-told and enlightening. This great book concludes with 120 pages on the behind the scene and on the scene account of Bush v. Gore, and tells that complex story clearly and with devastating clarity as to what happened. How Boies could so ably handle such momentous cases in as short a time as he sets out--1997 to 2000--is hard to believe but we know he did. Nor is the usual fault of lawyer books--puffing themselves--evident in this well-written volume. He lets his results do the illuminating of his ability. As the author says, each of the cases he discusses could be the subject of a book in itself and in a way one wishes that each were. This is a marvelous book, which was a sheer joy to read and savor.

I found this book entertaining, informative and insightful. Not only does David Boies have a wonderful story to tell but he is an engaging writer. It reminded me of why I went to law school in the first place and is heads and tails above the standard drivel produced my media-hyped super-lawyers. My guess is that we may see more books from Mr. Boies, both in the fiction and non-fiction areas. I also bought several books to give to friends and clients as holiday presents.

I was originally drawn to this book after hearing an interview with the author regarding the Bush vs. Gore case, and I figured that the book's best sections would concern that case. Little did I know that this memoir, covering eight cases between 1997 and 2000, would actually prove to be one of those books that is almost impossible to put down, as I couldn't wait to find out what happens next.

Boies discusses the importance of the trial lawyer's keeping his arugments relatively simple and straightforward, and clearly he has kept that principle in mind when writing this book. He discusses the technical ins and outs of each case, but does it in a style that not only is undaunting to laymen, but actually engages the average reader. Even chapters like that covering the "Vitamins" case (where most of the scores of defendants settled long before the case went to trial) makes the intricate details of making financial settlements pretty interesting to follow.

Some of the cases are so interesting, in and of themselves, that it is almost impossible not to engage the reader, and for me these were the ones to which Boies devoted the most book space, "Habie vs. Habie (54 pages)," US vs. Microsoft (109 pages)," and of course "Bush vs. Gore (106 pages)." Each case has its unique aspects which make it fascinating. With "Habie vs. Habie," I found it very difficult to stop reading, as Boies puts himself in some potentially dangerous situations to achieve the recovery of two children kidnapped by their Guatemalan father --- a man who had millions of dollars, the Guatemalan government, and scores of gun-toting guards at his disposal. The Microsoft case was just plain fun to read about, as Boies absolutely demolishes Microsoft's witnesses on the stand (here in Washington, that case got some impressive airplay at times). "Bush vs. Gore," of course has importance to every American. There are other books that explore every nook and cranny of the Florida elections and recounts, and Boies (who came into the case halfway through) does not do that, but recollections of one of the case's principals is of course extremely important reading, particularly where he shreds the rationale of the US Supreme Court regarding the intervention & decisions made concerning the Florida recount. Whatever one may think of the events leading up to the recount, one cannot help but be left concluding that the USSC seriously compromised its integrity with this decision.

Aside from the cases, this cannot really be considered much of a memoir. One is not left with much insight into Boies the private citizen, other than he takes an awful lot of vacations all around the world, and eats at some very nice restaurants. Most of the photographs are of a personal nature, so the reader might be expect find more personal recollections within the book. Good luck with that one, folks.

That of course is a minor quibble. This is a book that is informative, interesting and entertaining. I enthusiastically recommend it!

I'm a first year law student at Florida State University who has long admired Mr. Boies. Courting Justice was an enjoyable and edifying read. I read part of it before my oral arguments and followed Mr. Boies' advice on making a case. Don't know what grade I got yet, but it certainly was good advice. The cases in here are interesting and Mr. Boies takes you through his thought process in how to tackle a deposition, cross-examination, negotiations, deciding whether or not to take on a case, and so on.

It's interesting to read about his move from being ambivalent about education to taking it deadly seriously. The greatest thing that this book taught me was that as good as you might be, there is no excuse for not making a maximum effort and providing not just good or acceptable work, but truly excellent work. That's Boies' mantra and I am trying to take it to heart.

The chapter on Bush v. Gore was heartbreaking. I sometimes question whether Mr. Boies was the right person to argue before the Supreme Court simply because if anyone could sway them it would be Lawrence Tribe. But listening to the oral arguments at Oyez, Oyez, it seems clear that no one could swing those Justices. However, credit must be given to Ted Olsen. He argued well on behalf of Mr. Bush. The same can't be said of the incompetent and transparently biased attorney for Katherine Harris. Of course, Mr. Boies knows how to get along with his adversaries, dining with the Bush lawyers at Andrews in Tallahassee. He has a good natured approach to opponents. It's touching to see him take note of Bill Gates' lack of civility in his deposition.

David Boies has distilled some great moments from a wonderful career into this book. I hope his career continues to flourish and he enjoys his life to the fullest. I also pray that I am fortunate enough to have a mentor like him in my career.

(Janet Reno remarked in a lecture to our law school that the best thing one could do is to find a mentor like Sandy D'Alemberte, the great eminence grise of FSU Law, and Boies gives credit to his own mentors in classy fashion.)

David Boies at the ripe old age of 64 comes up with a memoir different from the run-of-the-mill autobiographies out there as he concentrates on the most high profile cases he has handled notably Steinbreinner vs MLB, US vs Microsoft and Bush vs Gore.

The book starts off briefly with his schooling days of which he doesn't dwell on too much and immediately proceeds to precedent-litigation he was involved in. As a side note, he reveals that a learning disability has actually compelled him to develop quite a photographic memory which has served him in good stead.

Though much has been written about the cases in this book, it helps to know what the lawyer (more often than not in the winning side) thinks as he was involved in it. Quite interesting are Boies' thoughts on the aftermath of the US vs Microsoft case as well as Bush vs Gore of which he devotes 3 chapters.

The writing style is free flowing and he takes great pains to explain lawyerese terms like "MFN clause" to the lay reader. There is none of the self-patronizing tone common in most autobiographies as he discusses matter of factly how he solved the legal problems of his client. One gets the sense upon reading this book that Boies would have never found himself defending O.J. as he not only defends his client but sees to it that justice is served.

Though the book is quite a compelling read in its current form, I believe that some cases should have merited a full chapter rather than a few paragraphs in the afterword such as Lloyds of London vs the WTC leaseholder Larry Silverstein. All in all, I wished he would have made the book longer!

As well as providing interesting stories on high profile cases, this book is particularly useful for litigators as a window into how one of the finest trial attorneys thinks and prepares. For example, the section on the Microsoft action details some of Boies principles in conducting depositions, how one might treat witnesses who will not appear at trial differently from those who will, Boies thoughts on weekend breaks in depositions, etc. The trial description detail some ideas on the order of witnesses and provides some insight into what Boies thinks of saving useful documents for recross -- I've read elsewhere that Boies likes betting on the horses, etc. and it's clear from his descriptions, he is very confident about when to take calculated chances during the course of a litigation. It is a very good book.

In sorting out the various element that contributed to Boeis's distinguished career as a lawyer who gave pride and grace to his profession, I could come up with few, based on his narration of and his broadcasted trials:

1- As a middle class young student, growing up in a racist society in the 1960, he sensed the common suffering as a young parent of two kids, with little resources, with those that confront black Americans. Poverty knows no skin color. Yet, his white skin enabled him to secure modest residence in Chicago after verifying that his wife was also not of the colored race. "Does it matter?" he never got an answer to his question from the nosy residential agent who decided his fate, then. The mere instinct of asking such a question in 1959 when racism was the norm in the American society, shows how liberal young Boeis was for his generation.

2- His financial struggle to raise family and go to school had ruined his first marriage and left him a wounded man. The woman who helped him succeed left him with his two kids. That loss seemed to throw him into a forbidden love with the wife of his evidence professor, which ended by his transfer from Chicago to Yale. His second marriage led him to work in New York, after graduation from law school. Yet, for the same reason of occupational dedication, it ended and a third marriage emerged in Washington DC. It was clear that he learned by mixing with ordinary people and shared their suffering and struggle for survival. His personal struggle went along with his developing clarity, simplicity, and accuracy in his legal reasoning.

3- His adventurous ordeal with the Guatemalan millionaire's ransom sheds more light on his rigorous calculating mind. His two divorces, growing up poor, gambling interests, and mixing with rich and diverse cultures in major American cities and institutions, were all put in action in his playful and foxy litigation with dangerous, arrogant, and powerful opponent, in foreign and lawless country. Though Boeis admits his mistakes in indulging in a lawsuit that burdened his relationship with his family, his profession, and his employer, yet his mind was unsettled. Whether enough justice could be bought by everyone? Or standing to those who subvert justice at the expense of indigent citizens is worth fighting for? He opted to deliver justice and would repeat the same "mistake" in US v. Microsoft and Bush v. Gore. His recognition that lawyers to parties should not act as judges did not quench his zeal for out-of-reach justice.

4- Boies' Guatemalan adventure also demonstrates his stubborn steadfastness that accompanied him since youth and cost him two marriages, yet let to successful profession. His empathy with Mary and her two kids let him overlook the notorious deeds of her callous ex-husband. After trapping a criminal into a federal prison, Boeis ventured into freeing him despite his long and heinous mischiefs. Boies went on to praise the courage of the FBI, criticize few corrupt judges and lawyers, yet forgot his own indulgence in releasing a criminal to freedom for the sake of his millions. The son and daughter of Joey would have better life without his psychotic influence, Mr. Boies!

5- Almost every legal argument he confronted has been approached as a mathematical problem. Boies outlines all possible options to which his arguments could lead to, along with all feasible approaches to each option. That basic logical organization enables him to prepare for fights he never fought and win fights by virtue of his convincing reasoning. His unique and individual stand on principals distinguishes him over the majority of lawyers. Boies acts as an activist for reform and democracy when many lawyers aimed for secure financial winning. He confesses that had not he been a lawyer, he might have been a teacher of History. Making history was his drive to regulate software industry, health care cost, and democratic representation of powerless voters.

6- The simplicity of his reasoning could not be attributed to study alone. In many of his arguments, he adapts to unpredictable responses and arrives to his ultimate goal. In the asbestos case against Grace, he admits that both the court and his opponent failed to catch him leading during direct examination. He had unintentionally improvised his leading questioning to get his witness to open up against his reservation. In the US v. Microsoft, Boeis shows brilliant technical skills unexpected from a non-technical professional. While Gates accused him by being unable to pass high school physics, Boeis quashed the tricks of the top experts of Microsoft when they attempted to fool the court by claiming that Windows and IE are inseparable. The arrogance and shallow mindedness of the software gurus led them to underestimate the diverse interests and skills of an uncanny lawyer.

7- In addition to his growing up among common people and sharing their struggle for making ends meet, his gambling and travel hobbies have enriched his quick problem solving ability. Associating with people at the top of their professional careers, combined with his keen ability to listen and observe, has contributed to priming his deftness. He does not shy from describing himself as an "experienced examiner", which he is.

8- His ultimate secret may be his ability to clearly discern the basic logical blocs of an argument and tie them quickly and neatly within larger frameworks. Few times, he admits exhaustion after examining hard-to-admit witnesses. Yet, he realizes that those tough fighters always admit to more information after embarrassment than they set off to do. On the quality of justice and judges, Boies presents a realistic narration of corrupt as well as honest judges. Consistently, he claims that judges always attempt to be fair even when they sometimes act with exaggerated toughness.

Mohamed F. El-Hewie
Author of
Essentials of Weightlifting and Strength Training

I was impressed by David Boies during the 2000 Election crisis, especially after reading a Time magazine article on him. When I saw this book, I was immediately interested, but I was apprehensive since I am not a lawyer and I was afraid it would be bogged down in legalese and I wouldn't understand the book. I decided to take a chance, especially because there was a chapter on the Yankees versus Major League Baseball. It turns out that I understood everything Boies wrote. That's because Boies writes very clearly and for everyone, not just lawyers. He explains the details in the cases that are important to understand, the fundamental arguments of both sides, not just the side he was representing, all in an enjoyable way. I found myself even enjoying the chapters on cases I wasn't immediately drawn to, such as "Fixing the Price of Health" (on price fixing in vitamins), and "The Auction House Scandal". Boies also recounts two of his most famous cases: the Microsoft case and Bush vs Gore. I definitely recommend this book.