Trial Briefs
Staying in the Fight: Lawyers Will Make the Biggest Difference in the Smaller Battles
Kevin Bunn’s President’s Column will appear in the First Quarter edition of Trial Briefs magazine.
The phrase “rule of law” holds a special place in the hearts of lawyers. And of Americans. So when prominent people at every point along the political spectrum proclaim that unless their favored candidate wins, the rule of law will fail, it is wise to take notice.
Voices of NCAJ podcast: Bunn talks about focusing on the fight for clients.
Thomas Paine wrote in 1776 that “in America, the law is king. For as in absolute governments the King is law, so in free countries the law ought to be king; and there ought to be no other.” Theodore Roosevelt noted a little later that “no man is above the law and no man is below it; nor do we ask any man’s permission when we require him to obey it. Obedience to the law is demanded as a right; not asked as a favor.” Our Constitution enshrines the rule of law in guarantee of “equal protection.”
In application, the rule of law most frequently serves to protect the weak from the powerful. In much the same way that freedom of speech primarily protects unpopular speech. The powerful rarely go wanting for protection.
Focus on the Clients
And who is it that we at NCAJ most frequently represent? It is certainly not the powerful.
So, it is understandable that in this political climate many of our members look at their clients and communities and are worried about the direction this country is taking. But we owe it to those same clients, those same communities, to stay in the fight. Because lawyers who will fight for the rule of law are more important now than ever.
Our unparalleled expertise is essential to the big policy fights. Our advocacy team will continue to advocate for the rights of the injured and the accused, and the unfortunate in the legislature. And our Legal Affairs team will continue to contribute frequent and irreplaceable Amicus briefs in key appellate court cases.
But it is in the smaller fights where we will make the biggest difference. The day in and day out criminal court battles, deportation actions, disability hearings, personal injury actions and more.
What is a trial lawyer to do when our citizens are questioning the presence or even the necessity of the rule of law? We stay focused on our clients. The touchstone to guide us is and always will be to do what is best for those that find themselves pitted against a powerful insurer, corporation or government.
We will continue to participate in our democracy. In the ABA’s 2024 Survey of Civic Literacy, 74% of respondents said that America’s democracy is weaker than it was five years age. But somewhat reassuringly the majority of respondents got it right when they were asked to define “rule of law.” That is not the case everywhere. And it is only the case here because, as Roosevelt said, we demand it.
Know You Are the Most Important Line
So, we will volunteer to assist at polling places and to monitor recounts. We will identify influential policy makers who respect us for what we do for our clients and are willing to hear us out on policy issues and support them. We may even pick out a few who maybe do not respect us yet and support them as well.
Where we disagree with policy makers, we will vigorously exercise our role as the loyal opposition. We will operate within the rule of law. Not only because it is right, but because that is where we are strongest.
We will make this organization stronger by attracting and empowering a more diverse membership. We will identify and bridge the barriers these members face in gaining leadership positions. And we will continue to support the NEXT program, our outstanding leadership development program.
In her column in this issue, Shannon discusses NCAJ’s efforts to help and support our members whose practices will be most affected if foreshadowed policies come to pass – immigration, criminal defense, Hispanic Latino issues and civil rights. Take advantage of these programs. And take inventory of the strategies that help you individually. Find one new tool for that toolbox.
What we do as lawyers, on a big scale and on a small one, is important to ensuring the continued rule of law. Take pride in it. But do not take it for granted. Know that you are the most important line in defending the rule of law.
Stay safe, stay healthy. NCAJ needs you, your community needs you, your clients and our great country needs you.
