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A Practice Almost Perfect

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(p)A PRACTICE ALMOST PERFECT; The Early Days at Arnold,Fortas&Porter Reviewed by Gene M. Gressley (P) In those days, "it was always springtime" writes Abe Krash in the foreword to this remarkable history/memoir by Norman Diamond of the early years of that unique law firm, Arnold, Fortas & Porter. And so it was -- a magical time -- a joie d'vivre, with all of the attendant excitement, humor and rambunctiousness which infused the atmosphere and reflected the personalities of the the founding fathers - Thurman Arnold, Abe Fortas and Paul Porter. (p)Arnold, as Robert Jackson so vividly characterized as "a cross between Voltaire and a cowboy" -- was brilliant and vocal, with a mental agility dazzling all who understood him: a mind that leapfrogged the complexities of a problem to uncover a solution, an authentic genius. Fortas was a "meticulous craftsman" whose approach to legal entanglements was much akin to his mastery, via the violin, of a difficult movement of Paganni. Fortas replayed the score again and again until he conquered it. So it was with the law, Fortas wrestled with a challenging legal passage until he arrived at comprehension. Paul Porter's charm and ebullience enchanted clients and colleagues alike. Porter's irrepressible good humor defused many a contentious scene, both within and without the firm. (p) These three legal Musketeers created in 1946/1947 an institution which became the model for twentieth century law firms. How did they build such a legal powerhouse? Norman Diamond scatters the answers throughout the narrative. Probably the most concise and pointed analysis for the eminence of Arnold,Fortas&Porter, Diamond provided in 1968 in a clarion call to the younger partners. Sensing that Arnold&Porter was in danger of resting on its laurels, Diamond, in an extraordinary "Chesterfield-like" memo to the younger partners, at once analyzed the basis for past achievements and chartered the way for the future. Ticking off the essentials for greatness, Diamond's advice ranged from the care and feeding of clients, to the necessity for thorough research and presentation ("Oxygen tent" cases are the normality), to diplomatic behavior when interacting with senior partners, concluding with a reminder that "pure ability is meaningless unless followed by results." Throughout the memo, Diamond stressed that the future of Arnold&Porter resided with the younger partners. (p)Diamond's 1968 counsel reverberates throughout his chapters. With an elan and a style so seductive as to induce envy, Diamond again distinguishes himself from so many of his colleagues in a profession which often permits the expression of the routine to torpedo any eloquence. In sum, Diamond has a story to tell, and he tells it well. (P)Insights abound. As the reader turns the pages, one finds discussions of the insanity of the McCarthy era; the intriguing case of Steve Masters, who originated mass discount retailing; the abuse of regulatory agencies, especially the Federal Trade Commission(a particularly arresting observation refers to the arrogance of Paul R. Dixon, as Chairman of the FTC, "It may be no exaggeration to suggest that his reckless exercise of the authority of his office contributed to the beginning of distrust of government by Congress and the business community." (191);the rise and fall of James J. Ling, and the tragic fall from grace of Diamond's mentor,Abe Fortas. (p)The sensitivity, the charm, and the call to greatness are all deftly captured by Diamond via the spell he casts over those years. Abe Krash was right -- it was Victor Herbert time. About the reviewer -- For three decades, Gene Gressley was the founding Director of the American Heritage Center and Assistant to the President, University of Wyoming. In 1977, Gressley edited the correspondence of Thurman Arnold, entitled Voltaire and the Cowboy(Associated Press of the University of Colorado).