HOUSTON BAR FOUNDATION

The Good News of Duke Ellington

By WILLIAM K. KROGER

Two things happened to me this year. One, I turned 40. Two, I was asked to succeed Lynn Kamin as incoming chair of the Houston Bar Foundation. Lynn did a tremendous job this past year. Among other things, the trust fund of the Foundation continued to grow; the Foundation was able to increase its funding of the Houston Volunteer Lawyers Program (“HVLP”); there was record attendance at the Harvest Party; and nearly 200 attorneys joined the Foundation as Fellows. Lynn’s accomplishments leave quite an act to follow, and she will be duly recognized at the HBF Annual Luncheon on February 2, 2005. You are invited. Please come. Contact the HBA at 713.759.1133.
My parents own a music company, Parker Music, which I have worked in since I was ten years old. Much like children who grow up in the church, I grew up on the gospel of American music. The few insights that I have had in my life are often accompanied by a soundtrack. Recently, I picked up a copy of Ellington at Newport, which contains Duke Ellington’s performance at the Newport Jazz Festival on July 7, 1956.
We can learn much from Mr. Ellington. He had an uncanny ability to develop and draw out the special talents of his band’s musicians, and to write musical scores that would bring those skills to the forefront. He nurtured and developed the musicians in his band, and many remained with him for decades. And most wonderfully, more than any other musician, he was able to constantly reinvent his music over the course of four decades.
In 1956, Ellington was in a slump. He was in his mid-50s and jazz (and American music in general) had seemingly passed him by. At Newport, he staged a comeback. The high point was the famous performance of Diminuendo in Blue and Crescendo in Blue, a pair of old songs that Ellington reworked. This performance was connected by a seven-minute saxophone solo by Paul Gonsalves. Duke Ellington gave up his typical piano solo in the middle of this piece to allow the spotlight to shine on Gonsalves, who rose to the occasion. Gonsalves blew a solo lasting 27 bars, an unheard of length for its time, while the energy of the entire band increased in response. Everything one needs to know about leadership and mentoring can be heard in the chords Ellington vamped behind Gonsalves. Joe Jones, the great drummer for the Count Basie band, also can be heard off to the side, loudly cheering Gonsalves on throughout his solo. The performance was so overwhelming that it nearly caused a riot. It was one of the defining moments of American music, from a 57-year-old has-been.
I have listened to this performance five times over the past two days, while thinking about this article and pro bono legal services in Harris County. Too many needs remain unmet—why? Young lawyers are enthusiastic after law school and are open to getting involved in community activities, taking on a pro bono case, or participating in Bar projects. They seem eager to handle new kinds of matters, maybe because all of the practice of law is new to them. Something changes for many lawyers as time passes. As we get pulled in many directions, it becomes easy to lose sight of our original motivations for becoming lawyers.
I am as guilty of this as anyone. When I began the practice of law, I regularly took on one or two pro bono cases per year. During my first year, I became very involved in a death penalty appeal that we ultimately won. And I helped set up a legal internship program for inner-city high school students that is still in existence today. Now, with my kids’ activities, billable-hour requirements, client development obligations, and other burdens and responsibilities, it seems harder to make my pro bono and community service responsibilities an integral part of my practice.
At the same time, our community needs our help more than ever. It is embarrassing to me that the American Bar Association had to come to Houston to identify for us the needs of indigent children in our neighborhoods in its “Report on the Legal Needs of Harris County Children.” Yet, the report is helpful: it provides a shameful list of unmet legal needs in our community.
I am convinced that in the dawn of this new century, we need to create new ways for meeting these needs. A new definition of “pro bono legal services” should be created to reflect the needs of Texas and resources of Texas firms. The responsibilities of lawyers must be more clearly defined, and then taught in law school. We need to rework the organizations that provide these services and the way in which they are funded. Prominent lawyers should lead by example, and not just by pronouncements. And we must be creative in finding achievable solutions to long-standing problems, such as getting child support for children in need and protective orders for abused spouses. Such work will require many of us to redefine and refocus our own priorities as lawyers in this community.
I hear the promise and hope that we can do this when I listen to the wonders of Mr. Ellington.

William K. Kroger is a partner in the law firm of Baker Botts L.L.P.  He is the 2005 Chair of the Houston Bar Foundation.

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