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I once had a law professor that often would
make the joke that the entire reason why you go
to law school is just so you can learn a handful of
fancy Latin phrases to impress people at dinner
parties.
It's not the fanciest or most Latin of words I
know, but today I want to talk to you and try
really hard to impress you.
Talking about zeal.
Zeal is hands down one of my favorite words of
the most important words for me zeal great
energy or enthusiasm in pursuit of a cause or an
objective.
It's not the only way to get at this point, it's
probably more common to talk about having
passion, enthusiasm.
There are other fun ways to talk about having
gusto.
But I'm talking very particularly about zeal.
And zeal is the very particular word that I'm
choosing today.
And it's so important to me because I'm a lawyer.
So going back to that dinner party example
whether you're making small talk with a stranger
at a bar, whether you're at a dinner party it's
pretty common to ask people, what do you do?
And talk about your profession.
And when people find out that I'm a lawyer it's
pretty common that people want to ask me
about their legal problems something they've
had before, something they think is around the
corner or better yet, their cousin's, aunt, sister,
halfway across the country is in this mess.
What can they do?
And odds are, for lawyers that face this type of
situation it might be that they ask you a very
specific question about the type of work you do
and maybe you can help them a little, maybe can
point them in the right direction.
But if you think about it, odds are whatever a
lawyer gets asked in this type of situation the
most likely correct answer is I don't know.
People hate to say I don't know, grunlians hate to
say I don't know.
But if you think about it, that's probably true.
Okay, so we have 50 states.
Every state has a bunch of different cities and
localities with their own laws.
The 50 different states with laws, a complex
federal system on top of it, of laws.
And these laws are changing all the time.
If you become a lawyer, you probably become
specialized.
You don't really go to law school to learn
everything in every situation and not just to
impress that person at the bar.
So what you do instead is you learn in law school
how to think like a lawyer.
That way you can kind of be a professional
chameleon whatever situation you end up in,
wherever you practice, whatever you decide to
do, however things evolve you can do what you
need to do to get up to date to be adapt, to be a
professional.
Now, whether you're a current student here
considering law school or whether law school is
never in your cards and you just might want to
brush up on your logic skills for some reason,
self improvement or I once had an exgirlfriend
tell me that it wasn't fair dating a lawyer because
I won every argument.
But for whatever reason, if you want to learn
what it means to think like a lawyer, you don't
have to go to law school.
There's plenty of books and websites and videos
out there on this topic.
And if you dive into it, probably the most
common things you're going to see are sort of on
this list.
So the first thing, especially if you're gearing
specifically for things for law students, you'll be
taught Iraq Issue Rule Analysis conclusion so in
law school, most exams are what we call issue
spotters, like a big long fact pattern where you're
supposed to read it.
And the idea is that you do this, you spot the
issue, you discuss what the rule is that applies to
the issue.
You show your work, your analysis, your
application, and you explain the conclusion, the
result that should come from it.
And all the while, while you're doing this, you're
also taught these other techniques you're taught
to avoid emotional reactions and distractions.
Don't let a red herring take you off topic, but
focus on the logic, the core of the issue.
You learn how to argue and see both sides.
Maybe you're assigned to side you don't
personally agree with, or maybe you need to see
the other side to anticipate and get out in front
of it or respond to it.
You learn how to infer rules from patterns.
You see what's happened time and time again to
anticipate what happened next, what will happen
next.
You compare situations using analogies.
If you come before a court, you might want to
say, hey, this is just like this thing that's
happened ten times before.
The same thing should happen today.
Or It's not like that thing and something new
should happen today.
And at the same time, you learn to accept
ambiguity and question everything.
And these are all fine, useful skills.
And I'm guessing these are all skills that you
learn as Grenadians and in all different fields of
work.
And you don't have to be a lawyer to use these
skills.
And I have no problem with this idea of what it
means to think like a lawyer.
But when I think about what it means to me to
think like a lawyer and how I hope my clients
view me, these aren't the first things that come
to mind.
I mean, think about it.
If you're asking a friend, hey, what did you think
about that lawyer that handled your divorce
proceeding last year?
They're never going to say, oh, they were so
great at Iraq.
I really love that.
No, instead I'm going back to my word about
zeal.
Because to me, what I hope to be is a zealous
advocate.
The idea of lawyers as a zealous advocate has
been around for a while.
One of the first ways it was written out was in the
American Bar Association's Canon of
Professional Ethics back in 1908.
So this is basically this organization wrote a draft
of ethics rules that they suggested that other
states and other courts kind of adapt and make
their own kind of a sample.
And under Canon 15, they wrote under Canon
15, which is how far a lawyer may go in
supporting a client's cause, they wrote that the
lawyer owes entire devotion to the interest of the
client.
Warm zeal.
Not just zeal.
Warm zeal in the maintenance and defense of
his rights, in the exertion of his utmost learning
and ability to the end that nothing be taken or
withheld from him.
Saved by the rules of law legally applied.
All right, so let's break this down for a second.
So the first part of it, the lawyer owes entire
devotion to the interest of the client.
Basically, that's meaning is a lawyer, the one you
hire, the one that's appointed to you, should be
on your side.
They're not playing the other side.
That makes sense.
Next part.
Warm zeal in the maintenance and defense of
his rights and the exertion of his utmost learning
and ability, basically meaning that you should
use all of your knowledge, all of your experience,
to fight as hard and do whatever you can for
your client.
Now, obviously, there are limits to this.
You can't go out and better call solve the
situation.
You have to stay within the ethics rules.
But even if something may be unpopular or
unconventional, whatever is best within the
context for your client, you should do to the
utmost of your abilities.
And in the end, to the end, that nothing be taken
or withheld from him saved by the rules of law.
Meaning that we hope that if both sides have
people playing on their side and playing as hard
as they can, fighting as hard as they can, that we
should have just results, that we have fair
results.
I want to talk a little bit about how I learned what
it means to be a zealous advocate in the context
of my first job after law school.
So after I graduated law school, my first job was
with this great organization in New York City
called the center for Family Representation.
And what CFR does is it's about half attorneys
and half social workers.
And we were court appointed to parents in child
abuse and child neglect cases in Manhattan and
Queens.
And so, basically, if social services in New York
was considering intervening in a family,
supervising the family, maybe removing the child
and placing the child in foster care, we were the
people appointed to help them make the
arguments that they should keep their child in
their home or that they've done enough to have
the child returned back to their home.
And as you can imagine, people don't end up in
this type of situation or in family court in general
for really sunnier, rosy reasons.
Unfortunately, the majority of my clients were
dealing with things like substance abuse and
drug addiction and alcohol, mental health,
poverty, domestic violence and too often a
combination of many of the above.
But I was doing the type of work I wanted to do
and I learned what it means to be a zealous
advocate regardless of the situation I faced.
I mean, to use a poker analogy, you play the
cards you're dealt.
And sometimes I was dealt great cards,
sometimes I was dealt not so great cards.
But regardless, my responsibilities and my duties
were the same to be a zealous advocate and do
everything that I could for them.
And while I was going through this process and
learning what it meant to be a zealous advocate
for them, I also witnessed that these parents,
more often than not, regardless of how good or
bad the situation was that brought them to work
with me, were often a zealous advocate for their
own children.
They had strong, passionate feelings about how
their children should be treated and it was really
encouraging to me.
But I also sometimes noticed that they didn't
always apply that same level, the same high level
of standards of respect and treatment to
themselves.
And it kind of dawned on me that it's often easier
to be a zealous advocate for those around you
than for yourself.
It's often easier, you know, to speak up for your
friends and family, intervene on their behalf,
than maybe face some hard truth about yourself.
And I'm not saying that solutions and issues like
domestic violence and substance abuse are easy.
You can't just flip a switch and fix them.
But understanding your self worth and
demanding more of yourself is one of those first
steps.
And I don't want to sound like a hypocrite up
here talking about it because at the same time I
began to realize that I was kind of guilty of this
myself.
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