Wolfson: Noble side of lawyering outweighs dark side

Appellate Justice Warren D. Wolfson of the 1st District and Judge Richard Mills of U.S. District Court for the Central District spoke during the Dec. 5 ceremony for ISBA Senior Counsellors. Excerpts follow from Justice Wolfson’s remarks.

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As Richard Nixon said after the Watergate burglary was discovered, “This is a turning point in my career.” But “Senior Counsellor”: That will take some getting used to.
This day has to  be something more than a tribute to Lipitor and longevity. And I believe it is. This truly is a day of celebration. We celebrate our profession.
Just look at the people in this room and on the list of honorees. These are not run-of-the-mill lawyers. These are all-stars.
These are legislators and teachers and bar leaders. These are judges, state and federal – retired and still active – from the trial court to the Supreme Court.
These are old friends and classmates, and these are people I wish I knew before today. All of them have practiced with style and grace. All of them serving people and serving their communities.
Being asked to speak caused me to consider the state of our profession. Do we see some problems? Yes – some new, some old.
Part of it is the result of numbers: 80,000-plus in Illinois. That creates a distance between people. We don’t know each other like we used to.
It makes the practice more competitive – and it must be said – at times crossing the line to deceit and mean spirits and a win-at-any-cost mentality.
Part of it is financial. Law school costs a lot of money, and we see students coming out of school a hundred thousand dollars in debt, or more.
I see in some lawyers a disillusionment or lack of satisfaction in what they do. Some of them don’t want to work day and night and on weekends. But, then, who does?
But they want to hold on to the BMWs and the ski trips and the lofts – a cruel dilemma that I cannot offer any solution for, other than suggesting a loan forgiveness program that is not likely to happen, but should.
Maybe we should consider mentoring some of these troubled young people. We have a lot to give, especially when it comes to lasting power.
As a trial and appellate judge of 32 years, I have seen the dark side of the practice of law – the unhappy side.
I have seen lawyers accuse each other of lying and cheating. I have seen depositions where lawyers obstruct the truth and drag cases out aimlessly. I have seen trials where parties give opposing versions of a material fact, and you wonder how that can be.
But I also have seen the noble side of lawyering, and it far outweighs the bad stuff. The things lawyers do are the lifeblood of this country, and lawyers have never been so important to our existence as a nation as they are now.
It is the lawyers who stand between individuals and the power of government, who fight to restore habeas corpus and the rule of law. They’re doing it today in the Supreme Court.
It is the lawyers who fight to make sure the law is followed, and rights are respected, and truth is told.
Lawyers work to enforce no-discrimination laws, and to make sure the wrongfully injured are compensated according to law, and to defend the helpless and the powerless in civil and criminal cases.
I have seen the hard work, the dedication, the commitment to principle shown by so many lawyers. These are the people who care about their profession and care about their reputations and their clients.
Sure, they want to be liked and trusted by judges, and by other lawyers, but won’t sell out a client or a cause to do it. They want the satisfaction of strengthening the rule of law and of helping those who most need their help.
They made those decisions early on. They are sitting here today. If you talk to the people in this room – the honorees – you will find a universal lack of cynicism.
After 50 years, we still believe in what we do. We still believe the law provides a way of addressing social problems and creating a safe and secure society.
We still feel that sense of satisfaction, and at times excitement, when we do our jobs well. We are never willing to surrender. We remain patient with the human condition.
As for the future, let me end with a baseball metaphor, the only sensible way to end anything. Roger Angell wrote this:
“Since baseball time is measured only in outs, all you have to do is succeed utterly; keep hitting, keep the rally alive, and you have defeated time. You remain forever young!”
I intend to keep hitting. I’ll see you around.

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