Official Publication of the Minnesota State Bar Association


Vol. 61, No. 7 | August 2004
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A Lawyer’s Sense of Humor
By David Stowman

It is a nearly universal experience among lawyers.  You are enjoying yourself at a cocktail party when suddenly, you can feel the radar lock.  From across the room, a pudgy, balding, middle-aged man, who appears to have ridden the Tilt-a-Whirl too long, is striding in your direction.  There is no place to hide.  He interrupts your conversation in mid-sentence and, in a loud, attention-gathering voice, he blurts out, “A couple was walking past a graveyard when they spied a gravestone reading, ‘Here lies an attorney and an honest man’.  One asked the other, ‘Why would they bury two people in one grave?’”  He then roars with laughter at his own joke.

These confrontations seem, like paper cuts, to be an inevitable hazard of the profession, yet it’s hard not to perceive them as personal attacks.  Aristotle referred to wit as “educated insolence,” which leads many of us to question the training provided by our schools.  The trouble with some of the lawyer jokes is that lawyers don’t think they’re funny and others don’t think they’re jokes.

I never gave lawyer jokes much consideration until law school.  Upon graduation, I expected to receive congratulations and well-wishes and, perhaps, an outside chance of a gift or two.  That was expecting too much from my acquaintances.  They turned on me.  My mail was filled with cartoons and cards bearing lawyer jokes.  The front of one card read, “What do you call 20 lawyers skydiving from an airplane?”  On the inside was a single word, “Skeet”.  And that’s the way I felt; everyone was taking pot shots at me.

Why did these so-called friends attack me?  What changed?  After all, I was still the same sweet lovable kid who pulled chairs from under my brother, put tacks on the teacher’s chair, and burned down the neighbor’s garage while smoking cigarettes.  Why did my passing the bar exam suddenly make me fair game for others to delight in disparaging my character?  It seemed that, to them, there was no sweeter sound than the crumbling of their fellow man.  I took it all personally, but consoled myself by clinging to the thought that the good Lord never gives you more than you can handle — unless of course you die.  But it did create a strain.  I got to the point where I didn’t like my loved ones.

At first, I responded with a mix of wit and reason.  I explained that it was only 95 percent of the profession who gave the rest of us a bad name.  My argument fell on deaf ears.  Reason, I discovered, is futile.  I also discovered it is dangerous to be sincere, unless you are also stupid.

Like many new lawyers, I then determined that the solution was to fight fire with fire.  I decided to go on the offensive.  When my neighbor, Enoch, asked, “Why won’t sharks eat lawyers?” and then answered his own question, “Professional courtesy”, my snappy response was, “Well, I guess you should know sharks.  Your momma’s so dumb that when you sit next to her you can hear the ocean.”  At the Secret Squirrels holiday party, he tried again and asked, “Why is it unethical for lawyers to have sex with their clients?”  Without waiting for a response, he said, “Because it would mean billing twice for essentially the same service.”  My retort was, “Your momma is so dumb, it takes her two hours to watch 60 Minutes.”  Trading sarcastic barbs diverted attention and gave a sense of amusement.  In retrospect, I realize my approach, although funny, is juvenile and tasteless.  Another unfortunate consequence is that Enoch’s mom doesn’t talk to me anymore.

It is more difficult to deal with the situation when it is your own client making the jokes.  One particularly offensive client, after throwing zingers at me, apologetically said, “I suppose that you think that my conduct is boorish and you’re just trying to pretend that I know what I am talking about,” to which I graciously responded, “In our office, the client is always right.”  It enhanced my feeling of self-worth, but interfered with collection of accounts receivable.

Jokes about lawyers, like gravity, have been around for 100 years and will probably continue long into the future.  Don’t look for a reprieve, because I have seen the light at the end of the tunnel and it is out.  Abe Lincoln said, “When you have an elephant by the hind legs and he is trying to run away, it is best to let him run.”  This is America and if people want to repeat these stories, they can’t be stopped.  Let’s face it.  We lawyers will stand around a long time waiting for accolades.  The best way to get praise is to die and that really is not an alternative.  It is time to let go and lighten up.

Try this experiment.  Take a lawyer joke and substitute your friend’s ethnic group as the subject and repeat it to your friend.  Or, the next time you make a deposit, ask the loan officer, “What do you call 10,000 bankers at the bottom of the sea”?  Wait for his reaction when you say, “A good start.”  Don’t expect laughter or continuing friendship, but if the roles are reversed, feel welcome to smile.  Self-deprecation is amusing.  Lawyers telling lawyer jokes can be funny.

Let’s fill the interval between bar admission and the grave with laughter.  Assemble a cornucopia of wit and humor.  When you see the chubby, middle-aged man from the Tilt-a-Whirl, beat him to the punch line. Beat him at his own game.

Remember, where there is a Will, there are relatives.


DAVID STOWMAN of Detroit Lakes is president of the MSBA, a certified civil trial specialist, and a top 100 SuperLawyer.  He concentrates his practice in products liability and personal injury law and related litigation.