Clark Memorandum: Spring 2006 J
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Brigham Young University Law School BYU Law Digital Commons The lC ark Memorandum Law School Archives Spring 2006 Clark Memorandum: Spring 2006 J. Reuben Clark Law Society BYU Law School Alumni Association J. Reuben Clark Law School Follow this and additional works at: https://digitalcommons.law.byu.edu/clarkmemorandum Part of the Family, Life Course, and Society Commons, Legal Profession Commons, and the Practical Theology Commons Recommended Citation J. Reuben Clark Law Society, BYU Law School Alumni Association, and J. Reuben Clark Law School, "Clark Memorandum: Spring 2006" (2006). The Clark Memorandum. 39. https://digitalcommons.law.byu.edu/clarkmemorandum/39 This Article is brought to you for free and open access by the Law School Archives at BYU Law Digital Commons. It has been accepted for inclusion in The lC ark Memorandum by an authorized administrator of BYU Law Digital Commons. For more information, please contact [email protected]. In Search of Atticus Finch clark memorandum J. Reuben Clark Law School Brigham Young University Spring >> 2006 cover illustration Goro Sasaki contents 2 In Search of Atticus Finch Elder Lance B. Wickman 12 Kevin J Worthen, publisher Scott W. Cameron, executive editor Jane H. Wise, editor Joyce Janetski, associate editor Reflections on the Lord’s Legal Storehouse David Eliason, art director Bradley Slade, photographer Craig D. Galli The Clark Memorandum is published by the J.Reuben Clark Law Society, the byu Law School Alumni Association, and the J. Reuben Clark Law School, Brigham Young University. © Copyright 2006 by Brigham Young University. 20 All rights reserved. The J. Reuben Clark Law Society draws on the philosophy and Lifting Others personal example of the Law School’s namesake, J. Reuben Jon Huntsman Sr. Clark Jr., in fulfilling the following mission: We affirm the strength brought to the law by a lawyer’s 24 memoranda personal religious conviction. We strive through public service Law Society / Alumni News and professional excellence to promote fairness and virtue 2005 byu International Law and Religion Symposium founded upon the rule of law. Being a Lawyer in the Fullest Sense Robert C. O’Brien / Sue Purdon Recent Appointments Class Notes Life in the Law insearchof tticusfinch by elder lance b.wickman #45=%43 The following speech was presented to the J. Reuben Clark Law Society at the lds Church conference center on February 10, 2006. The journey that brought me to the profession of law was more odyssey than freeway. From the time that I was a young boy, my mother wanted me to be a lawyer, which was interesting because we had no other family members on any branch of the family tree who were lawyers. illustration by goro sasaki Unlike some others present here, I had no father or uncle who took me to his law office as a child. After preparing these remarks, I learned I don’t recall ever hefting a law book until my first day as a law student. There were no Socratic quite by chance that my selection of title is discussions at the dinner table of my youth. All I can recall is my mother’s counsel: Go into law. not new! In fact, I have discovered that there For one thing, having come of age in the Great Depression, she saw an occupational inde- is an excellent book of the same title on the pendence in the legal profession. “You can always hang out your shingle as a lawyer,” she would say. subject of lawyer ethics by Mike Papantonio.1 But there was much more than that behind her admiration for the profession. She saw law, and So much for originality! However, I can those who follow its profession, as a force for good. In her mind there was a nobility associated assure you that the ideas expressed in these with it. She saw it as a worthy calling and thought she saw in me the “right stuff” for such a calling. remarks are all mine, and I alone am responsi- But I was unpersuaded. As an undergraduate I flirted somewhat with the possibility of ble for them. going to law school after graduation. But in that season of life, I was drawn more to the Tom Robinson was guilty. That was prospect of becoming a soldier. So, when a commission in the regular army was offered upon the popular verdict in Maycomb County, graduation, I accepted it. Thus began a turbulent five years. One tour of duty in Vietnam fol- Alabama, even before he went on trial. There lowed another. And somewhere in the midst of the turbulence the idea of becoming a lawyer wasn’t really any question about it. Miss reemerged in my mind. My mother’s counsel of years before began to resonate. I decided that I Mayella Ewell had been assaulted. Her father, wanted to become a lawyer when the war was over. But swept along as I was by the overpower- Bob Ewell, claimed to have returned home ing currents of the Vietnam War, I felt like just in time to see Tom disappearing out the a man caught in a riptide. The goal seemed door of their cabin with Mayella screaming. far off, unreachable. I felt like events were Perhaps more to the point, Tom Robinson sweeping me farther and farther away. There was black. Mayella Ewell was white. And in were times when I wondered if I would ever Maycomb in 1932 that color scheme added up return, if this newly realized dream would to guilt—an open-and-shut case. Some even ever happen. wondered why it was necessary to have a trial But, at last, it did happen. I still remem- at all. Just string Tom Robinson up from the ber vividly purchasing my casebooks at the water tower and be done with it. #43 Stanford Bookstore before the first day of Enter Atticus Finch. Having descended class. I was so grateful to be there. Really, it felt from the “founding fathers” of Maycomb like Christmas! For many of my classmates, County, Atticus’ birthright made him one of WHEREIN starting law school was just another year of the county’s leading citizens. He had “read school. But for me it was a time of gratitude, of law” in Montgomery, obtained his law license, married, saw two children born—a boy and a LIES THE DEEP answered prayers. I can honestly say that I enjoyed law school. Oh, sure, by my third year girl—and, while they were yet small, lost his I was anxious to move on from school to wife to a heart attack. Atticus Finch hung out SATISFACTION actual law practice, but I thoroughly enjoyed his shingle in a tiny office at the Maycomb the law school experience. I enjoyed my years County courthouse. His first two clients, the of law practice with a fine law firm. For more Haverford boys, were hanged for murdering THAT CAN AND OUGHT than a decade now, I have felt privileged to the local blacksmith in the presence of wit- serve as the general counsel of the Church. nesses in a dispute over a horse. Atticus had TO COME TO THOSE WHO ARE But in all of my years of affiliation with urged them to accept the county’s offer of a the profession of law, I have had many occa- plea to second-degree murder and a prison sen- sions to ponder wherein lies the nobility that tence. But the Haverfords, who were never ASSOCIATED my mother thought she saw in it so many accused of having the sense Providence had years ago. Wherein lies the deep—but often bestowed upon a goose, refused—insisting WITH THE PROFESSION elusive—satisfaction that can and ought to instead on placing their fate in the “he-had-it- come to those who are associated with the coming” defense. So, Atticus’ only meaningful [OF LAW]? profession? With cascading reports of disen- service in that case had turned out to be atten- chantment, or “burn out,” as it is now called, dance at the hanging ceremony. within the ranks of those who have come to The whole experience had left him with #43 the bar, it would seem that finding that nobil- a strong distaste for criminal law. Atticus pre- ity—and the accompanying satisfaction— ferred helping common people resolve the is anything but a unique or simple quest. common problems of life, often taking pay- So, I should like to say something this ment of his fee in kind, such as a bag of hick- evening about that quest. I should like to say ory nuts or some such thing. He was not something tonight about finding the profession in wealthy by any means, but he provided a roof the profession of law. To that end I have enti- and meals and other necessities for his family. tled my remarks “In Search of Atticus Finch.” He was satisfied. 4 clark memorandum So, when the trial judge approached him and asked him to defend Tom Robinson as a public service, Atticus was not enthusiastic. Elder Lance B. Wickman: Soldier, Attorney, and Priesthood Leader But Atticus Finch was above all else a man of by bill atkin principle. He believed that law exists to serve the interests of the people, who created it in the first place. As an officer of the court, he In 1995 Elder Wickman, talion commander gave has forged a strong com- believed that a lawyer’s first duty is to assist in then a member of the permission to him and the mitment to the gospel of the administration of justice. He believed that Second Quorum of the two other lds soldiers in Jesus Christ? in a real sense the rights of the Tom Robinsons Seventy, was called by the battalion to have a 24- Lance Wickman is the of the world are the rights of everyman.