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<strong>Interlude</strong><br />
Lawyers Aren’t Evil—Fairness<br />
and Morality Are Not Their Job<br />
When I was young and naive, I thought the justice system<br />
was about fairness and morality.<br />
My first exposure to the opposing view was when several<br />
college friends became lawyers. They were taught that laws are<br />
more like rules <strong>of</strong> a game. Four <strong>of</strong> a kind beats a full house, but<br />
there’s no morality to it. I remember one lawyer arguing that<br />
morality and fairness are irrelevant; all that matters is passing<br />
some kind <strong>of</strong> judgment so that people can get on with their<br />
lives. This view felt wrong to me, and it helped me understand<br />
the reputation that lawyers have for being slimy and evil.<br />
My time at NetApp has resulted in an extensive legal education.<br />
An early legal battle with Auspex almost killed us. One<br />
time I accidentally violated SEC insider trading rules. Another<br />
time I was sued for sexual harassment, violation <strong>of</strong> the Califor-<br />
nia constitution, and intentional infliction <strong>of</strong> emotional distress.<br />
I wasn’t alone. That suit was against all <strong>of</strong> NetApp’s founders,<br />
<strong>of</strong>ficers, VPs, and board members. It settled out <strong>of</strong> court, and<br />
the alleged harasser no longer works at the company. The lawsuit<br />
included the rest <strong>of</strong> us to get our attention, and it worked!<br />
At least two times I’ve been accused <strong>of</strong> stealing another company’s<br />
intellectual property, again along with a long list <strong>of</strong> people.<br />
We didn’t do it.<br />
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