E. FEATURE – THOUGHTS OF A FIRST YEAR LAWYER – NUMBER 1
Long time readers of this newsletter
will know that a Western law student wrote a monthly column describing his law
school experience and then his experience during the bar admission course. He
is now in the first year of private practice and is willing to continue
writing from time to time. Here is the first of what I hope will be a number
of contributions.
"February, 2005
We have all heard references to the weight of the world being on one's
shoulders. A stressful event or prospect emerges, and this is what it feels
like. I mention this because I want to liken this jovial expression to the
legal career, which is really just an organized version of it. As lawyers, we
are in fact paid to bear the weight of worlds; actually, other people's
worlds.
The relationships that we hold with clients, as they tell us what they want
to do, what they have already committed to, or how they have already been
hurt, are the heart of the practice. If I had to choose a recognized area of
law that stands out as the most important, it would be exactly this one:
professional responsibility. And this is not because it stands above other areas
in an isolated way. Rather, it is omnipresent, and always a requirement.
As a relatively new lawyer, I am finding that for the most part, this
requires both openness and confidentiality. That is, we must report to a
client what is going on, clearly and in its entirety, so that they are aware
of their rights and obligations and so that they may make educated judgments.
At the same time, this process must often not be revealed to other parties. I
find that clients are often upset when I tell them that they cannot do what
they want to do, though often less upset when I tell them about the legal
consequences of doing so. Law figures into this in the sense that we are the
ones paid for the legal solutions. If
they are sick, they need a medical solution from a physician. If their car breaks down, they need a
mechanic.
From the law or pre-law student's point of view, this can all seem rather
vague. "But what exactly do I have to do?", I often hear. The
answer is: all of the above, in varying degrees. There will always be weight
that others park onto your shoulders. This may sound unappealing, or perhaps
even cynical, but that is what people pay other people to do."
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