Bye Bye Bartleby

Sea Changes

“It was on the third day, I think, of his being with me….being much hurried to complete a small affair I had in hand, I abruptly called to Bartleby.  … I called to him rapidly stating what it was I wanted him to do- namely to examine a small paper with me.  Imagine my surprise, nay, my consternation, when, without moving from his privacy, Bartleby, in a singularly mild, firm voice, replied, ‘I would prefer not to.'”

Herman Melville, Bartleby (the Scrivener) (Penguin Books 1995) at 11 [hereinafter cited as Bartleby].

Countless books and articles on modern law practice chronicle the  massive sea changes that have occurred in the past 35 years, profoundly disturbing changes that are transforming the future of our profession.  See e.g.,  Macklin Fleming, Lawyers, Money, and Success. The Consequences of Dollar Obsession (Quorum Books 1997) [hereinafter cited as M. Fleming]; Rachel Zahorsky, Majority Say Law Practice is Undergoing a Sweeping Evolution, Survey Says (ABA Journal, March 26, 2010) [hereinafter cited as R. Zahorsky]. I have been a practicing trial lawyer for 35 years, since I passed the bar in 1975 and hung out my own shingle.   I can testify.

Stephen M. Winnick, Esq. is the founder and senior partner of Winnick & Sullivan LLP (; and the developer of Summary Judgment™(, a comprehensive case and practice management software tool built on Eastgate Systems’s Tinderbox data platform (  Additional information about Summary Judgment’s features and operation is available in his prior blog series entitledWinvictus’s Summary Judgment – the Romero Case (

Copyright © 2011 Stephen M. Winnick, Esq.  All rights reserved.

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