picture of Justice McGraw  

The West Virginia Lawyer - March 2001

Chief Justice Warren R. McGraw


The First Thing We Do, Let’s Honor all the Lawyers

 

      Shakespeare’s sentiments notwithstanding, killing all the lawyers is not the first thing we need to do. Far from it. If you read that scene from "King Henry VI" in its entirety, you realize that Shakespeare was saying that you cannot establish a totalitarian form of government unless you first get rid of all the lawyers. Somehow that has gotten lost in translation.

      All too often we hear anti-lawyer sentiment in the media, in entertainment, and even from the person on the street. Special interest groups are quick to blame trial lawyers for any economic woe. One of the first people eaten by dinosaurs in "Jurassic Park" was the park’s corporate lawyer. Everyone you meet knows a least a couple of lawyer jokes, and will be more than happy to share them with a lawyer once they know his or her profession.

      But being a lawyer isn’t a joke. It is an important and honorable profession, as well as an essential role in our society and our nation’s history. There have been many lawyers in our history whom I would consider patriots. We all know of the contributions lawyers made to our country’s formation. Thomas Jefferson read law at the College of William and Mary and practiced until the crown closed the American courts in 1774. Perhaps this gave him the time he needed to produce the "Declaration of Independence."

      Before becoming our second president, John Adams was a Boston lawyer. He used his legal training to protest the unpopular "Stamp Act" imposed by the British. He also helped defend the British soldiers accused of murder in the Boston Massacre. He understood that all accused persons must receive a proper defense in a civilized society.

      In the 1850s, Abraham Lincoln spent weeks at a time away from home practicing law in Illinois. He road circuit through small county seats. Too poor to pay for law school, Lincoln was largely self-trained, and studied under an older lawyer. By practicing law, he was able to support his family through many political setbacks before his eventual success. In the 1950s, Thurgood Marshall’s work as an advocate for civil rights for the NAACP led to the U.S. Supreme Court decision in Brown v. Board of Education that desegregated the public schools. After serving as a federal appeals court judge and as Solicitor General of the United States, Marshall was able to continue his work as the first black justice on the U.S. Supreme Court. Marshall arguably accomplished more for racial equality through his legal training than any other civil rights leader.

      Outside of the history books, lawyers have contributed and continue to contribute to our society. For little pay, Legal Aid lawyers have helped thousands of people with their problems. Public defenders make the same personal financial sacrifices to ensure that those without wealth receive all the protections of the criminal justice system. By filing lawsuits, lawyers ensure that laws that protect our rights, such as the Americans with Disabilities Act, or our environment, such as the Endangered Species Act, are enforced.

      As in any profession, we have our share of lawyers who have failed us. No doubt I also could write a column featuring the country’s infamous lawyers. But after working in the legal profession since 1963, I can assure you they would be the exceptions. The majority of lawyers collectively have made a great contribution to American society. Throughout American history, lawyers have been and continue to be part of our society of patriots.

 

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