Closing thoughts: an interview with Francis Ford of Fletcher Tilton & Whipple P.C.
The wheels of justice meet instant messaging
Francis Ford recently completed a four-year stint as clerk of courts and magistrate of Worcester Superior Court, and will return to private practice with local law firm Fletcher Tilton & Whipple PC. Ford, 54, began his legal career working days in the courthouse, while attending law school at night. Before his election in 2002, he was a well-known local defense lawyer and civil litigator, having served as a past president of the Worcester County Bar Association. He is currently in his second year as a president of the Massachusetts Bar Foundation. Here, he talks about the evolution of lawyering in Worcester.
WBJ: What’s it like to be a lawyer in this community?
Ford: It’s a small community, and if you’re willing to make a drive into Boston or Springfield, you can make friendships all across the state that can’t help but spin off into business. There are plenty of lawyers throughout the state that, when they think of Worcester, they think of me. That was the case in my private practice, that’s been the case since I have been clerk of courts, and hopefully that will continue to be the case. It’s nice to be able to walk into the courtroom and be recognized by the judge as someone you came up through the trenches with. You know him or her already. Not that they will give you an advantage, but they are not going to hurt you either. They know your reputation.
WBJ: What did you learn as clerk of courts that you’ll take into private practice?
Ford: The understanding of why sometimes things take as long as they do, and how hard judges work even when they are not sitting on the bench in public view. The place really does work. It doesn’t work as fast as some of us might like it to, but it works at its deliberate pace for a deliberate reason. The wheels of justice do grind slowly, but the bottom line is that you want them to be the wheels of justice. And to see the intellect and ability of the people behind the scenes there, it’s just amazing.
WBJ: Have you noticed things that lawyers do that you wouldn’t?
Ford: Oh sure. I have seen lawyers come into mediation with me and be totally unprepared. It’s terrible. You can win a case sometimes just by being the best-prepared lawyer.
WBJ: Do you see any differences in the younger generation of lawyers?
Ford: There are lots of differences, especially with their comfort in technology they have grown up with. That may be why the new courthouse won’t have a law library – they don’t need it. But another thing I’ve noticed is that they are not joiners. Whether that’s from being home alone, or in the back seats of their parents’ car playing video games, I don’t know. We put an awful lot of emphasis on trying to get younger lawyers involved in things like the bar association.
WBJ: Are they busier, or do they just do things differently?
Ford: I don’t know if they’re busier but I think the pace is definitely different. There’s not as much deliberative thought going into things. I can remember when faxes first came out. The fax would go off and you would go and get the piece of paper and 30 seconds later clients would be on the phone asking what I thought. Now you have an instant message and clients want an instant message back. I am not sure that is the best way to practice law. Information and knowledge are good, as long as they allow you some time to formulate an opinion and a reasoned response.
WBJ: How responsive do you think the courts are to technology? Is there a disconnect between what lawyers and the public expect, and what the court does?
Ford: Yes, there definitely is. Courts are not as user-friendly as they ought to be. We are working on it, and the new courthouse will help that situation, provided they put in the right technology. We ought to have electronic filing for instance – federal courts have it, state courts are getting to it. Part of the problem for Worcester is that the current building just won’t support it. Electricians have come in over the years, looked at the outlets and said that if they put another plug, then the place can’t start up in the morning. It generates frustration with everybody – the litigants, the lawyers, everybody. And rightly so.
WBJ: Do you have a legacy?
Ford: No. My predecessor did. [Former Clerk Loring] "Red" Lamoureux was in the office for 30 years, and he left me great office and great people. But I don’t have a legacy. I’m a blip. If I do have one, it will be just as a lawyer and a member of the legal community in Worcester County. And I hope I’ll be for many years to come.
This interview was conducted and edited for length by WBJ Associate Managing Editor Kenneth J. St. Onge. He can be reached at kstonge@wbjournal.com
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