Perspective: Celebrating Lawyers on Law Day
The ABA annually proposes a Law Day theme. Each time The Daily Record twists my arm enough to write an article, I write one that has little to do with the theme. Unfortunately, senior status has not helped with this affliction. Accordingly, I apologize to my fellow Law Day contributors who, no doubt, wrote brilliantly and on topic.
Most readers of today’s articles are lawyers. The others are probably curious about how lawyers and judges perceive themselves and their work. They are interested in what lawyers believe their vocation is besides either arguing for the “wrong” side or charging their clients for representing the “right” side.
What brought us to this profession? As a judge and former trial lawyer, I submit there are as many answers as lawyers and judges. I hope most are altruistic. I am sure many are economic. Undoubtedly, the majority are a combination of both. Whatever the reason, we all are sworn to uphold the law and “faithfully discharge the duties of an attorney and counselor, according to the best of your ability.”
It has been quite a while since most of us took the oath. The oath is required once but we are expected to follow it every day we practice law however long we choose to practice. It is an oath that requires us to be truthful with our clients and the court. It requires us to represent our clients to the best of our ability, not some fraction of the best. It is a weighty responsibility to represent another person (human or corporate). It is an equally weighty responsibility to decide who wins or loses a lawsuit.
From my vantage as a judge, I see lawyers’ “everyday” work. The lucky ones are in my court very rarely and undoubtedly are on their best behavior. Others, like the criminal bar, appear regularly so I see the good and the bad. The press of business makes it hard to be fully prepared every day. The nature of the business also requires decisions on the fly. Sometimes the most prepared lawyer is not ready for the surprises clients, witnesses and the court throw at them. I must confess on many occasions we judges are caught off guard. As my wife the former manager says: “People, they’re trouble.” I would add, they also are unpredictable.
I am pleased to report that the Nebraska and Iowa lawyers who appear in my court invariably care about their clients. They nearly always tend to the best interest of their clients. They generally work well together. When they or their clients cannot get along, the court’s orders (right or wrong) are professionally obeyed. Unfortunately, I cannot say the same about some of our big city colleagues. Thankfully, local counsel usually keeps these obstructers in line.
On Law Day we celebrate the law. I suggest we also celebrate the lawyers who nourish it. I am sure I speak for my judicial colleagues. Nebraska lawyers are a good lot. They are responsible, respectful, and professional. This is truly great place to practice law.
Bataillon is the president of the Nebraska State Bar Association. This signed article was written at The Daily Record’s invitation to underscore the theme of Law Day 2017.
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