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February 13, 2004

What Better Profession?

In response to Transmogriflaw's post about brief-writing, and Legal Undeground's post about Richard Ford, Stay of Execution once again offers a tantalizing gem of insight into what it's like to practice law, and why it can sometimes, well, suck.

Sherry's whole post is certainly worth reading (and it's not long), but here's the heart of it for me: After explaining that the key to a good brief is to separate your own feelings from your client's interests, Sherry writes:

When Evan asks the rhetorical question of what's not to like in this profession, that would be my answer. We stop being principals in the world and act instead as the agents of other people. We defend their positions, not our own. We look out for their interests, zealously. We articulate their arguments, not ours, even though it is we who are coming up with those arguments. It requires something that on one hand is pretty cool -- a precise ability to parse out arguments and set aside emotion, to be extremely clear about just who you represent at any moment and just what is and is not their (and therefore your) concern right now. It is the essence of that mysterious "thinking like a lawyer" phrase that sort of happens to you sometime late in 1L year. But on the other hand it is an abdication sometimes of our own agency, our own voice. And that is something I still struggle with sometimes.

That may be the best argument I've yet heard for doing everything you possibly can to find a legal job that fits you, rather than one that just pays well or gives you prestige or credentials or whatever. Does job satisfaction directly correspond with the degree to which your client's values and interests match your own?

Beyond that, I find this description of lawyers as split selves -- one self that advocates zealously for the clients' interests, one that lives the rest of the lawyer's life -- just a little disturbing at the moment, making me wonder yet again: Is this really the life I want to live?

Perhaps I'm just scared of something -- the debt, the pressure, the stress of practice. But the context of Evan's question (the question to which Sherry was responding) raises two other possibilities. Evan wrote:

But to someone who wants to pay the money and serve the time to get the degree--what better profession is there? A world of possibilities and options are available to lawyers. Only the unimaginative are cut off by their embrace of the “calling of law.”

So maybe I don't really want to pay the money and serve the time to get the degree. Or maybe I'm just unimaginative.

Oooorrrr..... maybe I should quit thinking about things like this and do my reading, brief-writing, and mock trial preparation. Yeah, maybe.

Posted February 13, 2004 06:47 AM | law general law school


Interesting. In general, lawyers who really care for the cause they are arguing for do better in some ways but worse in other ways than those who don't personally care. Lawyers who care do better because they will work harder. On the other hand, lawyers who are personally invested in a position often have a hard time understanding how someone who is *not* already convinced might see the problem. Passion leads to myopia, and passionate lawyering can be poor lawyering. It feels great for the lawyer, but (depending on the circumstances) it may not be in the best interests of the cause.

Posted by: a lawyer at February 14, 2004 10:21 AM

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