Utah Bar Journal

While your knowledge of the law has qualified you for admission to the bar, whether you will actually succeed in the legal profession may not depend on what you learned in law school. In his well-known book All I Really Need to Know I Learned in Kindergarten, Robert Fulghum writes that true wisdom is found, not "at the top of the graduate-school mountain," but rather in "the sandpile at Sunday School."1 The book was first published almost two decades ago, about the time I was graduating from law school. Based on my observation over those two decades, I believe Mr. Fulghum is right.

You've all proven that you're capable of learning the law. What will determine whether you succeed in the practice will not be your knowledge of black-letter law, but rather those other characteristics and qualities that you bring to bear in your professional life - the really important things, the lessons you learned in Kindergarten. I've selected five of those lessons that I'd like to touch on.

Share:
One of the first things we learned in Kindergarten was to Share.2 I can't overemphasize the importance of this principle. It's very easy to forget those who are not as fortunate as we are. But there are many in society who lack the gifts and opportunities that we have enjoyed. We need to remember that the purpose of law practice is not simply to make money, although that may be one of its pleasant side effects. Because we are trained to understand, interpret and apply the law, we have the opportunity, if not the obligation, to share those skills with others.

Unfortunately, the prevalence of the "billable hour" has led to an insidious desire for lawyers to wring every last dollar out of the legal profession. This desire infects lawyers not only in large firms where they are required to meet ever-increasing billable requirements, but also lawyers in other settings. I have a friend who left big-firm practice for the flexibility of his own small firm. When he complained that he was working harder than ever, I asked why. He explained that he was now too close to the dollar. Because every extra dollar that came into his firm made its way to his pocket, the pressure to keep billing was even more intense.

My colleague, Justice Matthew Durrant, observed in a recent speech that it is not the first dollar, but the last dollar, that is so insidious. How refreshing it is to see those in the profession who have decided that the last dollar is simply not worth its cost. As Justice Durrant noted, "there is much freedom that comes from being willing to walk away from that last dollar - freedom in the legal career we choose, in the clients we accept, in the advice we give" and in the ability that it gives us to assist those who are less fortunate.

Play Fair:
Another lesson we all learned in Kindergarten was to "play fair."3 Playing fair requires integrity. And integrity is one of the most important qualities a lawyer can have. A lawyer with true integrity is one who avoids the pitfalls of rationalization and compartmentalization.

Rationalization should not be confused with rational decision-making. Ethicist Michael Josephson distinguishes rationalization from rational decision-making by focusing on when the reasoning takes place.

With a rational decision, reasoning precedes and leads to a conclusion. With rationalization, we reason only to fabricate a good sounding justification for conclusions we've already reached or to excuse conduct that's already occurred... Lawyers are often hired to rationalize on behalf of clients. And if we are not careful, we soon begin to lose our ability to distinguish between real reasons and fabrications. We begin to think that whatever works is right simply because it works.4

Don't fall into this trap. Avoid rationalization.

Falling prey to the temptation of compartmentalization is equally dangerous. The law is not a game where you should feel comfortable doing whatever you can get away with. There is no rule excusing immoral or unethical behavior just because it takes place in the context of law practice. "You can't have one set of ethics for your business life and another for your private life."5 If you are a dishonest lawyer, you are a dishonest person. To have true integrity, you must be honest in all of your dealings.

Practice with Professionalism and Civility:
Our Kindergarten teachers taught us not to "hit people" and to "say you're sorry when you hurt somebody."6 These lessons also apply to the practice of law. They dictate that we practice law with professionalism and civility.

Unfortunately, there are many lawyers who have yet to learn these lessons. Lawyers who practice in an uncivil manner lead many to believe that lawyers are skilled at generating, rather than resolving, disputes. No doubt, there are lawyers who are worthy of this criticism. But I believe that such lawyers comprise a small minority of our bar, a minority I hope none of you will join.

The most important decision you face at this juncture in your career is what kind of lawyer you want to be. And I'm not speaking in terms of selecting an area of practice, but rather, selecting your practice style. Some lawyers believe that to be effective, they can't be civil. They need to be the big bully on the playground. They engage in personal insults and are needlessly confrontational. Please don't buy into the myth that these characteristics make a lawyer successful.

Successful lawyers who engage in these unpleasant tactics succeed in spite of them - not because of them. And those lawyers who succeed on the highest level do not use these unpleasant tactics at all. I recently asked my colleagues to identify those lawyers whom they would classify as the giants of our bar. To a person, the lawyers they identified were men and women who are consummate professionals - lawyers who treat others with dignity, with courtesy and with respect. They maintain their self-control even in the face of undignified or unprofessional attacks. Lawyers who practice in this way are believed and respected. Other lawyers want to refer cases to them, and the judges they appear before trust and believe them. These are the lawyers whom I hope you will emulate.

Be Responsible and Work Hard:
Another important lesson we learned in Kindergarten was to "clean up [our] own mess."7 When applied to the practice of law, this lesson suggests that we work hard and take responsibility for our own actions.

Successful lawyers are those who are well prepared and who take pride in their work. If you agree to take on a matter for a client, you owe it to that client to work hard and to present the client's case to the very best of your ability.

On the other hand, if you've adequately prepared and done your best, don't beat yourself up when you make a mistake. I use the term "when" advisedly because you will make mistakes. I certainly have, and I've been around long enough to know that all lawyers do. When you do make a mistake remember that it's always best to admit mistakes promptly, when it may be possible to repair or minimize any damage. This applies to your dealings with clients, opposing counsel, partners, your support staff and, yes, your dealings with the courts.

Acknowledge that while there are many things in life you canÕt control, you can always control your own attitude. While you may not be able to avoid unpleasant situations, you can choose your reaction to them. Choose to make them learning experiences. You will be a better lawyer and a stronger person as a result.

Maintain A Sense of Perspective:
The fifth thing we learned in Kindergarten was to "learn some and think some and draw and paint and sing and dance and play and work every day some."8 The life lesson to be drawn from this experience is to keep a sense of perspective and find balance in your life.

Your life should involve more than the practice of law. I hope that you will find the practice of law to be rewarding. But there is more to life than your work. Life is short, and I would be willing to wager that none of you will ever regret time spent with family and friends. Unfortunately, I know all too many lawyers who are so engrossed in the practice of law that they miss out on the really important things in life - the family vacations, little league baseball games, family reunions and romantic evenings with a spouse.

Please don't neglect your families. Your children will grow up all too quickly. And once the opportunities to become involved in their lives have passed, they cannot be retrieved. If you find that you're associating with colleagues and clients who make it difficult for you to maintain balance in your life, I suggest that you take a good, hard look at your situation. Perhaps a change is in order.

Remember that "it's more important to be a good person than a good lawyer."9 If there is ever a conflict between the two, "choose to be a good person."10 I submit, however, that in virtually all instances, there will be no conflict because, in the end, good lawyers are basically good people.

Again, congratulations and welcome to the bar. We look forward to seeing great things from all of you.

1. Robert Fulghum, All I Really Need to Know I Learned in Kindergarten 6 (Villard Books 1989) (1986).

2. Id.

3. Id.

4. Michael Josephson, Josephson Institute of Ethics, Eight Insights for New Lawyers 3 (2001), available at http://www.josephsoninstitute.org/speeches-papers/MJ-Pepperdine-commencement-051801.htm.

5. Id. at 5.

6. Fulghum at 6.

7. Id.

8. Id. at 6-7.

9. Josephson at 5.

10. Id.