Hamilton Herald Masthead

Editorial


Front Page - Friday, July 26, 2013

Lawyer gives credit where credit is due




As a trust and estate lawyer, Alan Cates of Husch Blackwell has seen people at their best and their worst. While the anger and resentment he’s witnessed have saddened him, the way others have dealt with difficult moments has encouraged him. “I’ve seen siblings fight, but I’ve also seen extraordinary acts of generosity, when someone accepts that momma meant for them to share,” he says.

Cates is unwilling to cast a critical glance at those who respond poorly to an estate matter, but rather strives to understand their point of view. “While I’d rather not deal with the occasional disgruntled estate beneficiary, I generally understand the source of their dissatisfaction. We’re just people tripping around this planet the best we can, and we have to make accommodations for how others perceive the world,” he says.

Cates, 68, perceives the world through optimistic eyes. His memories of growing up in the Eastdale community in Chattanooga are especially idealistic. “We lived in a neighborhood in which every woman was your mother. There were pear trees, apple trees and plum trees, and you could ride your bike everywhere, and you were encouraged to eat the fruit and stop in for lunch,” he says.

As a member of the first graduating class of Brainerd High School, Cates describes his years of secondary education as “formative.”

“We established the traditions every class after us followed. Many of us went on to college and to professional schools and started businesses. We were a unique group,” he says.

Cates did not immediately begin to pursue the law. Rather, he earned a business degree at the University of Tennessee at Knoxville and then returned home to work at his father’s electrical wholesale supply company, “as was always planned and anticipated.” Law school followed three years later.

“Many of my friends were lawyers, so I was attracted to the law. I spoke with the dean of the college of law at UT, who at the time was Harold Warner. He said, ‘You need to be here. I expect to see you in January,’” Cates says.

Even after becoming licensed in 1972, Cates still did not begin to practice law. Instead, he took a job as a planned giving officer for UT. Three years later, he returned to Chattanooga again and opened a practice in a small space in the Pioneer Building.

“I’ve been building my practice ever since,” he says.

As Cates talks about his legal work over the years, he focuses on the opportunities others gave him rather than what he accomplished through his own efforts. To him, his success is a blessing bestowed by family, colleagues and clients.

Cates begins with his first client, whom his father-in-law brought to him. “He and another client I met were business people. For the better part of six months, they gave me enough work to feed my family. Then UT allowed me to speak at a variety of seminars. From there, clients and general practice lawyers started calling me,” he says.

In 1982, Cates moved his practice to Morgan & Garner, where he had the opportunity to do work for a prominent Chattanooga family. Having grown out of working class roots, Cates didn’t know who they were; he only wanted to do the best work he could do for them.

The first thing they had him do was a charitable remainder trust. “Not many people fool with those,” he says. “They’re weird creatures.”

The trust Cates set up functioned throughout the lifetime of his clients, paying them money from property that otherwise was not producing income, and that befitted an organization with considerable value when they passed away. Cates says this, combined with the other legal work he did for the family, was gratifying.

“The family has made wonderful contributions to the city. Seeing all of our work pay off in taxes saved and value transferred to children and charitable organizations, and having had a little part in implementing the ideas, was tremendously satisfying,” he says.

Cates moved to Shoemaker Thompson in 1989 to replace the firm’s outgoing estate planner. There, he met the one man he says was his true mentor in the law: Ralph Shoemaker. “No one in that firm did what I did, so Ralph introduced me to people and gave my practice a boost,” Cates says. “I’m deeply indebted to him for the growth I experienced.”

Cates says he enjoys 90 percent of what he does. To him, the law is more than a job; it’s an intellectual experience. “I get a daily education on difficult issues, and I’m able to watch the best minds in the country debate questions of law. I like knowing we don’t have all of the answers yet,” he says.

While Cates likes to focus on what others have done for him, he’s been more than a beneficiary of opportunities and a passive observer of productive discourse; he’s been rolling up his sleeves, too, making contributions to his profession. Most significantly, he’s a past president of the Chattanooga Bar Association and a fellow of the Chattanooga Bar Foundation, the Tennessee Bar Foundation and the American College of Trust and Estate Counsel. “Early in life, my father taught me to serve,” he says.

Cates has also worked diligently in his community. He’s currently chair of the board of the Chattanooga State Community College Foundation. Past volunteer efforts include serving on the board of FACES, a national craniofacial association; on a planned giving advisory group at Baylor School; on the UT Development Council; on the Chancellor’s Roundtable at the University of Tennessee at Chattanooga; and as president of the national UT Alumni Association.

“Over the years, I’ve enjoyed many opportunities for community service. They’re a way to give back, but you also learn many things,” he says.

Cates also has taught at nearly every church he’s attended as an adult, including his current church, First Christian on McCallie Avenue. “I’ve never told people the way things are, but simply presented ideas and let them decide for themselves,” he says.

Despite his many contributions to his profession and his community, Cates says his claim to fame is he’s “Dr. Cates’ husband and Jennifer and David’s daddy.” He’s referring to his wife of 47 years, Dr. Jean Cates, a counseling psychologist, and his daughter and son. Jennifer, also a psychologist, lives in Boulder, Colo., with her husband, while David lives on Signal Mountain, where he works as a Realtor.

Family is important to Cates, who takes a moment to brag about his daughter’s children, Hannah and Rosemary, whom he calls his “extra joy.” Cates and his wife see their daughter and her family about every three months. After each visit, Cates hand-writes a letter to each granddaughter recalling something they did together. He then mails the letters in individually addressed envelopes in the hopes of giving each “smart and spunky” girl memories that will last.

Somewhere in his busy schedule, Cates is able to claim some downtime. During those rare moments, he likes to read. He’s currently plowing through Thomas Jefferson: The Art of Power by Jon Meacham. He also exercises by playing golf with his wife and otherwise staying physically active. “Exercise is a requirement of living with Jean. I have to walk and eat broccoli,” he says.

Cates has a rewarding life on which to look back. He says the opportunities others have given him and the people he’s been privileged to serve have made his time on Earth rich in ways he never dreamed when he was young. But he’s far from done.

“The joke here is I intend to practice law until I can’t walk the stairs anymore,” he says, smiling. “But with the support this firm gives me, and with my clients allowing me to continue to serve them, I can practice law until my body and brain no longer work. So, that’s what I intend to do.”