Challenging Times
by Nathan D. Alder
The past several months have highlighted the extraordinary challenges we face. It goes without saying, but we have a lot of work ahead of us. The world has tremendous problems. Our nation is in financial turmoil, among many other pressing concerns. We have all been impacted. Locally, we are in a serious budget shortfall at the state level, and many of our clients are facing uncertain outcomes. Foreclosures are at record levels. Unemployment is rising. Retirements have been lost. People are suffering. Now is not the time to rest on our laurels. We are pubic servants, officers of the court, professionals, problem solvers, pro bono lawyers, providers of meaningful and necessary services, and we are community leaders. Let me offer a few thoughts on our role as lawyers and leaders in the context of our current societal challenges.
Our Democracy
Lawyers are in a unique position in our democracy. We are law-trained and court-approved. We are advocates who contribute to the system’s success or failure based on the level of sophistication, competency, and professionalism we bring to the work. Many in our society don’t understand the role of judge in our democracy, or how the court system works. We must take opportunities to advocate for a fair and impartial judiciary, one that is separate from political pressure and bias but instead is based on the rule of law. From everyday conversations to presentations and other opportunities to influence for good, lawyers should stand firm in advocating for our third branch of government. During uncertain times, attacks on the judiciary can be expected for short term gain. Together we can promote constitutional democracy which provides society with long-term stability through a judicial system that is designed to be fair and nonpolitical.
Political Processes
Lawyers are particularly qualified to advocate for important causes in political arenas. Immediately, I am quite concerned what the State’s budget shortfall will mean for the proper operation of our State courts. All members of the Bar should watch this issue closely. I encourage you to stay alert to developments, become informed, talk to elected representatives, and make sure that access to the courts is not adversely impacted by the State’s current budget woes. There may be other issues that arise this year that will be important to our Bar, to sections, and to individual practices. Longer term, I strongly encourage members of our Bar to develop good relationships with all three branches of government, not just the one branch we use the most – the Judiciary. The Legislative and Executive branches are also important to you as a professional. Each branch of government is relevant to the people we serve, to us as professionals, and to our profession in general. Lawyers who are interested, concerned, politically astute and able to meaningfully connect with decision makers, can help bring about necessary and appropriate action on issues of importance in our democratic system.
New Lawyers
Our profession succeeds by instilling in each new lawyer the important traditions and hallmarks of preceding generations. In large part, the practice of law is taught to new lawyers by lawyers who have experience. Even lawyers who truly start out on their own still learn through observation and collaboration. Law schools have not yet fully embraced the notion of bridging the gap between academic learning and the actual practice of law. If new lawyers come into the practice and view it as a typical business, instead of as a profession, the ripple effects of that negative development will be felt for generations to come. The average age of the Utah lawyer is 41. Half of our Bar has under 14 years in practice. Many members of our Bar are young, and an increasing number of them are going into solo practice right out of law school. Our largest demographics include young lawyers and the solo or small firm setting. Many of our younger members are hurting financially in this difficult economy, and not just from heavy law school debt, but because they are particularly susceptible to the effects of the economic downturn. They are looking for ways to succeed. I hope these younger lawyers can take a long-term view. Many are looking for mentors. The Bar’s New Lawyer Training Program will not affect current young lawyers, only those to be admitted starting in 2009. As colleagues, I encourage all Bar members to extend a hand of friendship to one another during these troubling economic times. In particular, I hope that veteran members will reach out to those younger members of our Bar who are struggling. I know that all lawyers have been, and will continue to be, affected by the economic downturn. I ask that we care for one another as professionals and colleagues.
Pro Bono
During the devastation of Hurricane Katrina my young daughter was watching the news and listened to an appeal by the Red Cross. Without hesitation, she went to her room, gathered up all of her money, brought it to me and said “Let’s give this to the people who are hurting.” The next day, we took her envelope of cash to the Red Cross. I was quite moved by her response. I am grateful to fellow Bar members who routinely engage in pro bono service. It is rewarding. It may also present a challenge when we are burdened by so many other pressures and demands. But I encourage you to do more this year than you have done before. Take one additional case. Give one more day. Find one more way to provide institutional pro bono service. If you need assistance in getting started, call the Bar’s pro bono coordinator, Anna Jespersen (801-297-7049), or send me or your Bar Commissioner an email. I encourage you to call any of the legal aid agencies or other pro bono outreach groups or services, or find a bar group that is reaching out. The law schools have ways you can supervise a student in a pro bono project. Ask a colleague how he or she provides pro bono; develop ideas on how you can participate. I promise you, there are myriad ways to take part in this professional responsibility, and you will feel good about contributing.
Leadership
Lawyers have leadership responsibilities in our democratic society. As members of the Bar, we are privileged to be as educated, experienced, and well-positioned as we are; we are capable of making an impact well beyond our own lives. I am continually impressed by lawyers who understand their leadership potential, volunteer, take on challenging problems in their work, embrace pro bono, are involved in public service, sacrifice and give, lead boards and commissions, start groups and form causes, write and speak, and are connected to societal projects and the larger community. At a time when many nonprofit organizations, community groups and societal agencies are struggling for help, I encourage you to find ways to use your experience and skills to help provide leadership to our society. Lawyers are leaders. Of course, leadership is not for the faint of heart. Fortunately, lawyers have always had passion, greater understanding, vision, and dedication. We have always made a difference. I hope we always will.