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lovember 11, 19S7 r. ..yatt r« reibelbi* .vequeated suggestions regarding Legal dvision. You have requested that I submit written ooiaBionts regarding the work in this office, including in the am*.® such suggestions as I can offer J?cr the improvement of the work and suoh viewa as I iiave regarding the site cV tho person el and the advisability of reducing it. I desire to preface my eoranents with & general statement* In the first place, as I stated to you, I think that this is the wrong way to rrooeed. 1 still feel thtt if Assistant Oenerml Counsel are t. be consulted, more is to be accomplished by joint discussions and informal exchange of ideas than by the submission of several Biemoranda independently written* 1 feel that this would be equally true if only one person were involved. It appear* to me that more is to be aeocanvuished by informal discussion where individual views nay be advanced, jointly discussed and perhaps a uniform conclusion reached. An exposition of difTerent views sometime* may serve to alter preconceived ideas. I understand that such discussion nay fellow in uu© course, but in the meantime ideas may have become more fixed and it is zay observation Itet opinions one© expressed becouie lees flexible and less subject to change and that reasons which may have been overlooked in the first instance are less compelling and less likely to caange an original opi -ion when once it has bee one crystallised through the process of deliberately placing it in writing. In addition, i think that the prooedure tends to crsate iia^jacts in thinking and unnecessarily to ofi'er an opportunity for friction in the office* I urther, the coop* of the request is *v ex reuensive that to fairly and adequately make specific recommendations witii reference to the same involved, in ray opinion, a more careful study of the entire situation than can b© incorporated in a MMranduci prepared on relatively short notice. For instance, you ask that 1 submit my views as to whether or not the office is over-oanxied. You already kiiow that 1 have the general feeling; that it is, but to leave the question with that bare statement creates, in ay opinion, an entirely erroneous impression as %4 the specif io raeo&ntendation 1 would make. 1 do not, in my m m mind, a reach the question in terms of possible attorneys who should be eliminated and I would very much regret if this memorandum should result in precipitating that question. I may add, in this oonneotion* Mr. <yatt - 2 that, without having had the opportunity to observe personally and carefully the work of each counsel, I have the general feeling that all of the men are kept fairly busy. I even recall toat about the tine I beoaiae associated with this office it appeared toratthat there was a good deal of night work, which frankly I oculd not understand, i'erhaps erroneously 1 concluded in say own mind that some of the men were working at night unnecessarily for fear of criticism if they did not. In any event, in so Jar as putting in time is concerned they were doing that in full measure* - erhaps the work in the office has diminished since that tine* in any event, that practice has largely discontinued. I, of course, am not in a oaition to judge the amount of the work in the office before say arrival, but since 1 h$ve been here 1 have not observed such & decrease in the work as would account for this change in practice. In other words, it seers to iae that the technique of the work has changed in this respect and that is the point that I desire to make* I can conceive of keeping more men busy if it developed that the Board desired additional checks upon the work of each nan and more elaborate study of every matter submitted to this of floe* Conversely, I can visualise a demand for loss man power under other circumstances. Therefore, I would prefer first to approach the question from another angle, to wit, from a survey of the technique of the work. It is upon that basis that ray view* have from time to time been expressed. To illustrate, 1 feel that there is duplication of effort betweon this and other divisions, but I, naturally, am not able to enumerate every example of that nature which collectively have given rise to that view. 1 can only say that generally tnis seetas to me to be the case. I also feel that there is unnecessary duplication of effort witnin this office and ray last preceding statement applies equally to this one. As 1 aay, this is sirply lay feeling based upon ray own experience and such opportunity as 1 have had to observe the work of others. At the same time I think that there are men in this office who can assume a greater amount of responsibility for their own work than they now do and if this is not true I think that the Board*s present salary scale will permit of th© employment oi such type of r*en. As a passing consent, 1 would like to aay that direct responsibility tends, in ay opinion, to create a better type of work and a happier worker. Do not understand me as saying there should be no supervision of the work of Assistant Counsel. I visualise the duties of the head of this office aa being quasi administrative in character. As such, he should assign and know generally all of the work in th© office and how r. ».yatt - S It is being conducted, but to undertake to participate in every Important isatter that arises is# in ay opinion, almost the equivalent of doing it in the first instance. The type of subordinate I h a w in mind would have the judgment to keep his superior inf urned as well as the judgment to appraise the importance of any question &nd to determine the necessity or advisability of consulting with his superior. At the same tire, uwever, he could assuna directly the responsibility of the work he happened to be doing, which, in say opinion, would result in greater dispatch of the work and a higher efficiency* X have the feel lag that some of the meicnoranda to the soard are unnecessary. The determination of Taken a memorandum is necessary is one of judgment* In this oonnootion, I may say that I think it would be perfectly hopeless to try to formulate any written rule of ttomb that would cover this subject. I can only say for nyself that I regard a aercorandisa written in connection with a letter unnecessary whan the body of the letter reflects the reason for the same, and, in such a case, it would seem to me that the initials of the attorney drafting or approving the letter should suffice. I have the feeling that by cooperation with other divisiona the necessity of two memoranda could soxnetir&s be eliminated by the inclusion in on© memorandum of a statement reflecting that the memorandum represented the joint effort of both divisiona. It also appears to me that some matters unnecessarily clear through two and sometimes three lawyers. Again is involved the question of d&jgree* Therein again I feel th&t no rule of thumb can bo established. Undoubtedly questions arise where the combined judgment cf all is advisable, but it seems to me that it is perfectly possible for the juaiors in this office to exercise the judgment necessary to determine when such is the ease. I have observed from tiae to time triat as Biany as four lawyers participate in some of our conferences, thereby contributing tc their unwieldiness. iiere again, I would think that it is perfectly possible to have individuals of such judgment and ability as would permit them to carry the load in laany of these oases, assuming naturally, that they would be possessed of enough good judgment to keep the office informed and to consult with others where necessary. Reverting to my original theise, I feel that a survey of the tecimiqu© of the work of this office would reflect the desirability of •3ting 3ome changes and tint if the changes were effected we would i d that fewer m«n could do the work, rerhaps I am wrong as ny conclusions are necessarily based upon general observation. In any ©vent, ^. yatt - 4 I think that the numbor of men tn&t we have in this office depends upon how we use th«R and I repeat that I think a survey of the work should precede any cone uaion with respect to the adequacy of the staff from the standpoint of numbers* In the time available the foregoing represent as concrete suggestions as 1 can make as a basis for possible imx>roveinent of the work and in clarification of my views relating tc the sice of the office, there are, however, son© matters with respect to whioh I feel that possibly I can jive you more concrete suggestions* 1* I think every secretary and stenographer in this office should b® available when their tim© is not otherwise occupied for such additional stenographic work ae raay be pending in th© office, including the cutting of stencils and copy work- ftaturally, I think that It should be alloted to individual stenographers or secretaries with due regard to the work being done and immediately foreseeable and certainly with the understanding that it should be put aside if the individual tc whom such stenographer or secretary is particularly assigned is in need of her services* 2* I wonder if we have enough stenographic work in the office to justify assigning one stenographer to every man in the office, and 1 would like to see this situation reviewed with the idea of determining whether or not fewer people could handle the work* :y mind is entirely open with respect tc the volume of work, but it is not with respect tc the necessity of having one stenographer for each man* I might say that in such experiences as I have had in the general practice of the law I do not recall any lar^e office where the stenographic force was such as to afford ever;/ mtm in the office one stenographer. 5* I wondtir if it is necessary that there be three stenographers in our anti-room* It so happens that by virtue of the nature of your work and to some extent &ine# we probably use our secretaries for the purposes of dictation less than most any irsan la the office and 1 observe that we are the only division in the. Board where this situation exists* farther* 1 have the impression that at tines their inactivity in comparison with some of the girls in other parts cf the office is a source of some mortification to them* 4* ihat 1 have said with respect to the number of attorneys a Lies equally with respect to secretaries; and stenographers* I feel that it is wholly unnecessary to enter upon a wholesale reduction in the sice of the staff* If reduction of the stenographic force should be eifected, in ny opinion* it can be done without injury to any one who is working for us at the moment* In the first piece, changes are always taking place in th© ^card's staff and from t l * to time op;or- Mr* tunities to transfer individual* la our division 'would present tn«a«selves, so that I would ba vsry reluctant to dismiss aay one only to find that •ecus other division had employed someone fro» the outside* CYCLES IQH The foregoing presents isy views in so far u 1 is able to record them at this time. Naturally aocm of than are expressed la general terms and I feel that it la impossible to do otherwise. H o w ever, it seems to no that a statement of th% general iduas is sufficient to afford aa opportunity for y©u to determine whether or act there is enough marit in then t® pursue the matters further* It also goes without saying that to the extent I am able, I would also likm it understood that I at least try to keep aa ope& mind with respect to any questions aad turn antirsly conscious of the faot that ay short ax« perie&#e with t&e Board is of sueh a nature that there may be factors whleh I have overlooked, 00113Id®ration of which might alter my views with respect to any or all of the suggestions* In addition, 1 also desire to say that 1 do not think that the situation is one calling for precipitate or wholesale action, but on the other hand, is one deserving of study and should be worked out upon a more long range basis*
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