Tending to Potted Plants: the Professional Identity Vacuum in Garcetti V
TENDING TO POTTED PLANTS: THE PROFESSIONAL IDENTITY VACUUM IN GARCETTI V. CEBALLOS Jeffrey W. Stempel* As people my age probably recall, Washington lawyer Brendan Sullivan1 briefly became a celebrity when defending former Reagan White House aide Oliver North before a Senate investigation. Senator Daniel K. Inouye (D-Haw.) was questioning Colonel North when Sullivan objected. “Let the witness object, if he wishes to,” responded Senator Inouye, to which Sullivan famously replied, “Well, sir, I’m not a potted plant. I’m here as the lawyer. That’s my job.”2 The episode was captured on live television and rebroadcast repeatedly, making Sullivan something of a hero to lawyers,3 even moderates and liberals * Doris S. & Theodore B. Lee Professor of Law, William S. Boyd School of Law, University of Nevada Las Vegas. Thanks to Bill Boyd, Doris Lee, Ted Lee, Ann McGinley, Jim Rogers, and John White. Special thanks to David McClure, Jeanne Price, Elizabeth Ellison, Chandler Pohl, and Kathleen Wilde for valuable research assistance. © 2011 Jeffrey W. Stempel 1 Sullivan was a partner in the Washington, D.C. firm Williams & Connolly, a firm with a sophisticated practice and prestigious reputation, particularly in the area of white-collar criminal defense. See Brendan V. Sullivan Jr., Partner, WILLIAMS & CONNOLLY LLP, http:// www.wc.com/bsullivan (last visited Mar. 9, 2012). Founding partner Edward Bennett Wil- liams is perhaps best known as a lawyer for his successful defense of Teamster’s Union head Jimmy Hoffa as well as defense of other public figures charged with crimes or corruption. See Firm Overview, WILLIAMS & CONNOLLY LLP, http://www.wc.com/about.html (last vis- ited Mar.
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