Is the accused represented by
counsel?
First, we hang all the lawyers.
- William Shakespeare
Somewhere along the line, we Americans stopped worshipping heroes and
started adoring anti-heroes; a Hollywood term which, loosely defined,
means “a guy who doesn’t play by the rules or respect much
of anything or anybody but accomplishes some really neat stuff by playing
dirty and it all turns out all right in the end.”
This affliction is particularly epidemic among members of the legal
profession. I don’t have anything personally against lawyers,
in fact there are a few I genuinely admire. But it certainly would improve
my relations with the species if I didn’t keep encountering people
who say the lawyer for the Arkansas School Board Association or the
Arkansas Municipal League or some other co-operative crowd of legal
advisors told them it was okay to do something that either dances around
the edges of ethical behavior or flat out charges across the border.
I have to believe this information could only be disbursed under one
of three possible circumstances: 1) The stupid shyster so-and-so didn’t
have a clue of what he was talking about; 2) He is bored with his mundane
legal career and wants to be more like the lawyers he sees on tv or
at the movies who go dashing into perilous situations, doing very un-lawyerly
things at the risk of life, limb and disbarment to save their marginally
guilty clients, or 3) He’s trying to justify his continued employment
by hustling up as much litigation as he possibly can by giving his clients
very shaky legal advice.
No one incident prompted this tirade, gentle readers, its just that
I believe the rest of us, who aren’t members of that privileged
and scholarly class of superior humans who hold law degrees, get a little
bit tired of being taken for fools. Ever noticed how many lawyers there
are in state legislatures and the U.S. Congress? Or how it is all but
impossible for a regular person to understand what the devil the language
in a written law means? Did it ever occur to you that it is a very bad
idea to let lawyers make laws?
Here’s a shock. Most of the guys we call the founding fathers
of this country weren’t lawyers and they still seemed to do a
pretty good job. There were lawyers among them, fellows like John Adams
and James Monroe were practicing attorneys, and no less a personage
than Thomas Jefferson was licensed to do so, although he never made
his living that way. Most of them, though, were businessmen, farmers
and tradesmen of one sort or another. Jefferson considered himself a
farmer, though he spent little time at the work, you could have your
pick of about a dozen different occupations in the case of Benjamin
Franklin, although he considered himself a printer, and Roger Sherman
of Connecticut was a cobbler, for heaven’s sake. For those of
you who are too young to have come into contact with that term, a cobbler
is someone who makes and repairs shoes.
If a farmer, a printer and a shoe maker could come up with stuff like
the Bill of Rights over two centuries ago, who’s to say they couldn’t
do just as well now, given the opportunity.
Consider Harry Truman, a failed haberdasher from Missouri who may not
have been our best president, but certainly ranks in the top ten. And
our worst president? Opinions vary, but I’ll bet whoever you rank
at the bottom of the presidential pile, was a graduate of one of our
nation’s many, many law schools.