Monday, December 18, 2006

Sir Thomas More: Legal Ethics and Public Interest Law

Sir Thomas More (7 February 1478 — 6 July 1535) was an English lawyer, author, and statesman. During his lifetime he became a leading humanist scholar, served as Henry VIII’s Lord Chancellor from 1529 to 1532, and published Utopia in 1516. He was executed as a traitor for standing up for his convictions in opposing King Henry VIII's claim to be the supreme head of the Church of England. In 1935, More was canonized in the Catholic Church by Pope Pius XI as Saint Thomas More and later declared the patron saint of lawyers and statesmen.

I hear many stories of high school students and undergraduates aspiring to the legal profession not for the pursuit of justice, knowledge, or some other altruistic motivation. Instead the repeated response given is that they want to make money. Of course law schools are happy to cater to that pursuit. There have been very few advances and incentives for encouraging careers in public interest law, and the majority of graduates from ABA-accredited law schools still go to private law firms. Also consider that states like Texas do not require pro-bono work in the
Texas Disciplinary Rules of Professional Conduct (it is only recommended).

How many lawyers today would be willing to stand up for their convictions and faith against the state? So what should an attorney do if s/he has a client they know is guilty but they have an excellent chance of convincing a jury of his innocence without breaking any laws (including the code). Should the attorney tell the prosecutor and/or the public? Well consider this point well. The ultimate penalty for disobeying the legal code of ethics doesn't involve death of person (as was the case with Thomas More), but it does mean the death of one's ability to practice the profession of law.

How many top-of-their class law students would be willing to sacrifice the potential for a lucrative firm position to work in public interest law? Today laypersons and lay groups have attacked legal codes of ethics (such as the Texas Disciplinary Rules of Professional Conduct) as self-serving of the profession rather than protecting the morals and values of society. There are also attacks that the legal profession fails to adequately serve those who need it most - those in the lowest socioeconomic stratum
. What would be the most effective incentive (moral, financial, etc.) to produce a change in the career aspirations of law students and practicing attorneys?

Semiotics: What is Friendship?

I had an extraordinary interview this afternoon for my dissertation study. During the conversation, the discussion turned to views about the definition of a friend. It is interesting how the term can mean different things to different people. There is also from what I have learned and read a cultural component to the word. For example, I have ordered my universe by creating a hierarchy of friend categories. I have friends through school that I have encountered through work, student organizations, volunteering, and classes. But oddly enough, many of these friendships are probably transitory, and I wonder if I would maintain them if the person moved or I did. I am sure I am not the only one that uses levels of friendship.

So I am not sure what word I would use to describe the few relationships that are the most meaningful. Best? Special? Close? Hmm. I don't like to use the word "true" friends since it in some way indicates all other people you have called friends are false in some way. I don't like where that leads to. I do agree that my closest relationships are reserved for those whom I would drop everything to help out and vice versa. They know you would have their back in a fight and vice versa. Could it be that in these closest relationships you must always take their side in a situation? I don't know if you have to adopt the position yourself but I'm thinking you must support and respect their side. There is an unconditional devotion that must exist in the closest of relationships especially important when one person in the relationship screws up. I look for bonds that withstand the peculiarities of my personality I bring to the table.

I Forgot to Take Out The...

You would think someone as OCD as I am would find a way to integrate this behaviour into the realm of etiquette. You know it's funny but I never used to remember to send out cards for any occasion. Only my immediate family would get them, and I always had to give one serious one and one funny. Heck I even like to keep grooming and wardrobe simple opting for a short haircut (my mom thinks it's too military) and single color fabrics. You can't imagine how much I loathe wearing a suit. The event or the person has to be very special for me to do it. I just would rather wear cargo shorts and a nice polo everyday.

Lately I have gotten into predictable patterns of conducting my daily life again (with only one area that is an exception). For example, on Tuesdays and Thursdays when I go to the convenience store right before work the guy already as the five things I want to buy waiting (a newspaper, bag of peanuts, Zero candy bar, 16 oz. Diet Mountain Dew, and a 1L bottle of Ozarka). He even remembers how I want to pay. Then there is the Monday, Wednesday, Friday lunch ritual of getting Wendy's. I eat only the meat/cheese on a triple, side Caesar salad, and large Diet Coke. I even take the same road and path to get to and from work. These are just a few of the patterns that might drive some people mad.

But today, I woke up and realized I had forgotten to get my Christmas cards out. I bought them two weeks ago. I even wrote about half of them (all except for the acquaintance ones) that night. But I didn't have the addresses for my professors and co-workers. So I got into the office today and after trying to figure out how to get into the SSB on Friday (the building is open but DOS is not) for my interviews, I sat down to finish my cards. Now they are just sitting here staring at me as I try to forget about the fact I was late with them. But there is still the constant gnawing thought - How could I be so absent-minded?