The Ten Commandments for Advocates: How Advocates Can Improve the Labor Arbitration Process

First, I want you to know that the exact title of this afternoon's subject was chosen not by me, but by the Program Committee Chair. I mention that because the first half of the title is delusive. It asserts that 10 is the sacred number of commandments for advocates and suggests that I am qualified to play God. There is also a satanic touch to putting this topic on the program at all, since the President and Program Committee Chair—Tony Sinicropi and Marvin Hill—have just treated it comprehensively in their recent excellent paper in Willamette Law Review. Their article contains what Tony and Marvin call a "road map" for advocates. Not only do they both realize that I am incapable of improving on their product, but they have even added to my embarrassment by elevating the figure of speech from "road map" to "ten commandments." Unfortunately, I lack the divine spark. In considering the two halves of the assigned topic, I concluded that I am required to set forth a generous number of do's and don'ts for advocates, and to offer comments of a more general nature. Initially we must recognize that the many varieties in arbitration may generate specific advocacy problems. Thus, the road map or the ten commandments might be somewhat different in lawyer and nonlawyer advocacy, in ad hoc and permanent umpire situations, in the private and public sectors, in interest and grievance cases, and even in particular industries or specific issues. For obvious reasons my remarks are pitched to