As reported in the ABA Journal, a Texas Judge, Randy Wilson, recently wrote a letter to his two children who are about to become lawyers. He passed on various pearls of wisdom, like:
- Tell the truth to clients when mistakes are made;
- Admit in Court the weaknesses in your arguments;
- Treat opposing counsel with courtesy; and
- Don’t be a jerk.
The full letter is here.
Having practiced law now for nearly 30 years, I agree with Judge Wilson.
I’ve made mistakes when representing clients — big ones. I’ve always told the client as soon as possible about it. And in nearly every case, the client has appreciated my honesty and we’ve found a way to continue working together.
I’ve also admitted to the Court when my case had weaknesses. Usually I’ll do so when pointing out that my case also has strengths in other ways, or that the other side’s case has similar weaknesses. But I believe the Court appreciates hearing some candor from lawyers every once in a while.
I had the great privilege of practicing law for a time with Richard (Dick) Hewes Sr. and his son, Rich. Dick and I once tried a case in the Androscoggin County Superior Court in Auburn. I was in my 30’s and Dick was in his 60’s. He had more experience in his left pinkie than I did in my entire career.
I was always impressed with Dick’s sense of honor and fair play that he showed in the office, but I’d never gotten to experience it first hand at trial. I recall the lawyers being in chambers with the judge just before beginning the trial and it coming to light that opposing counsel and failed to file an opposition in a timely manner to one of our pleadings.
As I recall, it wasn’t an issue that was going to make or break the entire case, but it would make our position easier. The error was black and white: the judge was ready to rule in our favor. I opened my mouth to indicate our willingness to have the judge do so, and before the words could spill out, Dick said, “We won’t press the issue, your honor.”
I remember staring at him with my mouth open. The judge asked, “Are you sure, Dick?”
“Yes, we are.”
When I asked him about it outside the judge’s chambers, he said that it was a minor issue and that everyone makes mistakes now and then. He saw little to gain in pushing for a ruling when it wasn’t going to significantly change the course of the trial. He also, I’m sure, wanted to save the other lawyer the embarrassment of having to explain his error to his client at this critical juncture.
It took me a while to understand the significance of that magnanimous gesture. But once it sunk in, I’ve always extended every courtesy possible to opposing counsel. I firmly believe that how law should be practiced. Thank you, Dick, for showing me the way.
Finally, the advice most likely to be ignored by most lawyers: don’t be a jerk.
Let’s face it, most of us believe in some universal truths: doctors are pompous, car salesmen are annoying, accountants are boring, engineers are nerdy, and last but not least, lawyers are jerks.
And the truth of the matter is, most lawyers are jerks. The only thing you can do as an individual lawyer to change that stereotype, is to show that you’re the exception to the rule. If enough lawyers stop thinking that by going to law school, they were anointed by God Himself, then perhaps civility can become the norm. Who knows, that might even lead to the law being seen once again as a noble profession.
Hey, a lawyer can dream, can’t he?
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