LONG WINDED By: Jason H. Long London Amburn
IN PRAISE OF THE PENCIL I have a problem managing pens. I sometimes leave them uncapped and accidentally put them back in my pocket. I have been known to carry them on planes where they can explode, due to changes in air pressure. It is not uncommon for me to aimlessly chew on the end of a pen cap until it deteriorates, allowing ink to pour out even when the cap is on. Regardless of the reason, I have, on a semi-regular basis, ruined shirts and suits as a result of my inability to keep ink inside a pen. Recently, after throwing out yet another ruined shirt which had been the victim of an ink catastrophe, Carol Anne put an ultimatum to me: Stop using pens. Unless required to sign legal documents, she relegated me to the use of pencils only. She did not tell me what the punishment would be for violating this rule, and I am afraid to find out. A dutiful husband, I went out and bought a pack of Ticonderoga No. 2 pencils and a small hand-held sharpener, ready to embark on my career as the pencil lawyer. To my surprise, I learned that I like using pencils. There is something satisfying about sharpening a pencil to a fine point. I enjoy watching a pencil gradually whittle down in size, providing immediate affirmation of the work I am doing. I relish erasing pencil marks and swiping small bits of used rubber off my paper, confirming that I have eliminated errors and am ready to move on. I am a believer. Pencils are superior to pens in almost all ways. Let me explain. Pencils are nostalgic. Pencils take me back to grade school days, when my mom always made sure I had two sharpened pencils with me when I headed off to school. Getting up from my desk and going to the wall-mounted sharpener in the classroom was always a refreshing break. An opportunity to clear my mind and even visit with classmates on the opposite side of the room (I once bet a classmate he couldn’t get through an entire class period without sitting down in his desk – amazingly he won as he randomly wandered about the classroom for fifty minutes and made at least eight trips to the pencil sharpener). For those environmentally conscious among us, the choice of a pencil over a pen is a no-brainer. Pencils are virtually entirely organic. The residue pencil shavings are composed primarily of wood and therefore pose no long-term danger to the environment, unlike plastic or metal pen casings which fill our landfills. Many people fear potential lead poisoning from pencils (a rumor surely started by the pen industry). However, pencils do not actually contain lead, but rather graphite, which is non-toxic to humans, unless ingested in large quantities. In short, unless you eat pencils on a fairly regular basis, they pose no substantial risks to humans or the planet. Personally, I believe I write more quickly with pencils than I do with pens. Graphite glides across the paper with minimal friction. August 2021
Even the best roller ball pens experience some resistance. When you are in a zone and the muse is speaking through you, the millisecond difference between using a pencil or pen could be the difference between a winning brief and writer’s block. Pens can be deceptive. I can’t tell you how many times I have picked up a perfectly good-looking pen, only to find as I attempted to use it, that it was out of ink. Invariably, I toss the pen to the side in disgust and frantically search for another one with hopefully an adequate reservoir of ink. That never happens with the trusty pencil. If you see the graphite point sticking out, you know that it will write, and you can gauge how much longer you can use it simply by looking at the length. I am not typically a person given over to fits of rage, but trying to use a pen with little or no ink is one of the few triggers that can put me in a bad mood. Given the numerous advantages of pencil over pen, I am left to wonder why the legal profession has generally rejected the use of pencils. Why am I the only lawyer I know who routinely eschews the pen? I think the answer has to do with the fact that the practice of law is often about image and posturing. At least in litigation, it is important to show strength, to exude competence. Everything that happens in a case should be perceived as expected and part of a grand plan designed by the attorney. Nothing cuts into that image quite like an attorney who shows up for a deposition with a number two pencil and a pencil sharpener because he can’t be trusted to competently use a pen. To say that it undermines the client’s confidence in you is an understatement. Pens have always been viewed as superior to the pencil because they are permanent and exude confidence. Nobody brags about completing crossword puzzles in pencil. The use of a pen presupposes confidence and accuracy. A person who uses a pen does not make mistakes. At least that is what they would have you believe. A pencil, by contrast . . . well, a pencil is built for mistakes. Self-equipped with an eraser, a pencil screams to the world “I am a flawed individual.” But here is the thing: I know I am a flawed person and flawed attorney. I have spent my entire career perfecting the ability to say “I am sorry, let me fix that.” I have been forced to embrace my flaws and use that as a strength in the practice of law. The pencil keeps me humble, honest and always seeking to improve. I know many lawyers who merit the use of a pen. Intelligent, erudite, self-confident, they project the image of consummate professionalism. That’s not me. Socrates famously advocated “Know thyself.” I know that I am a pencil lawyer, and I am content with that. At least I do not have to replenish my wardrobe as often.
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