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In Brief Law School Publications Case Western Reserve University School of Law Scholarly Commons In Brief Law School Publications 1998 In Brief Follow this and additional works at: https://scholarlycommons.law.case.edu/in_brief Recommended Citation In Brief, iss. 72 (1998). https://scholarlycommons.law.case.edu/in_brief/71 This Book is brought to you for free and open access by the Law School Publications at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in In Brief by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Case Western Reserve University School of Law in brief Number 72 Inside this issue... Published twice a year by the Case Western Reserve University School of Law for alumni, students, faculty, and friends. Editor Professor Morriss on Kerstin Ekfelt Trawick Director of Publications Judicial Decision-Making Faculty Editor Wilbur C. Leatherberry Professor of Law Associate Dean for Academic Affairs Erik Jensen, Photographers David L Brennan Professor Mike Sands Laura Wagner Kerstin Ekfelt Trawick Professor Mearns Retires Law School Administration Gerald Korngold (216) 368-3283 Dean Wilbur C. Leatherberry (216) 368-3585 Elections to the Associate Dean for Academic Affairs Society of Benchers Bryan L. Adamson (216)368-5136 Assistant Dean for Student Affairs Barbara F. Andelman (216)368-3600 Assistant Dean for Admission and Commencement Day Financial Aid Barbara C. S. Weinzierl (216)368-6353 Assistant Dean for Employer Services Diane Sheehy Sebold (216) 368-6353 Director of Career Services Visiting Faculty Patricia Kost (216) 368-6350 Director of Finance and Administration Laurel Skillicorn Gibbs (216) 368-6355 Director of Alumni Affairs Laura J. Schmidt (216) 368-2108 1998 Class Reunions Director of Annual Fund and Special Gifts Kerstin Ekfelt Trawick (216) 368-6352 Director of Publications Betty J. Harris (216) 368-3280 Registrar New on the Staff Case Western Reserve University Calling long distance? Here are the law school’s toll-free Development & Alumni numbers: Services..........................1^00-492-3308 Schoolm Career Services............... 1-800-856-6353 Admissions ...................... 1-800-756-0036 of Law. Registrar ........................... 1-800-819-3280 JOB HOTLINE ................. 1-800430-4355 Copyright © Case Western Reserve University All rights reserved. Designed and manufactured by the Schaefer Printing Company, Cleveland, Ohio. Fainted on recycled paper. The Dean Reports DEC 1 71998 Lawyere: No Joking Matter e have all heard the lawyer jokes. We have also seen the polls indicating decreased public regard for lawyers. A recent Gallup Poll, for example, Wreported that only 22 percent of respondents thought that lawyers have high honesty or ethical standards, com­ pared to 50 percent for physicians and 20 percent for building contractors. Moreover, surveys show that the confidence in lawyers has eroded by one-half over the past 20 years. 1 have shared with some of you my experi­ ence last year with an earnest young auto salesman who was considering attending law school but whose wife was afraid that if he became a lawyer he would “lose his morals.” Those of us who are dedicated to serving our clients and the pursuit of justice find these trends profoundly disturbing. Such attitudes not only denigrate lawyers as tion, prochoice vs. prolife, and public regulation vs. individuals but also corrode the public respect and private property rights. Legislation, regulation, and confidence necessary for a rule of law. Why is there such litigation have provided a fair process for these debates a negative perception of lawyers? And what is our law and have yielded important progress. But because the school doing to counter it? issues are so tough, we are still struggling with them. Out of frustration, the public sometimes blames the law and One problem is the gap between reality as determined by lawyers for regulating and litigating these issues—even the law and reality as seen by the public. It is hard to though society delegated the task to us—and for not square the jury’s not-guilty verdict in the first Rodney finding quick solutions—even though the issues, by their King trial with the videotape of the beating that we all nature, do not lend themselves to easy solutions. saw on television. The jury’s acquittal of O. J. Simpson raised similar concerns. The judge’s overruling of the jury Many baby boomers who came of age in the 1960s and verdict in the Louise Woodward case perplexed almost 1970s saw the law as a powerful engine of change and a everyone, including those who found the jury’s verdict solution to society’s ills. Law school applications surged correct and those who found it excessive. Many in the during those years, and the best and the brightest chose 1 public wondered how the law could fail to get the correct the law as a profession in which one could do well and do answer—the “truth”—in these cases when virtually good. Now, a generation later, as some old societal everyone at home could see and understand what really challenges remain and new ones have developed, disaf­ happened. Live broadcasts of trials and the media frenzy fection has set in and there are doubts whether the law is surrounding them exacerbated the public’s doubts. There the appropriate vehicle for fundamental change in society was little effort to help the public understand that (as opposed to market forces, religion, private action, and sometimes the system simply errs and that. In other other alternatives). Moreover, as a few of those once- situations, concerns for process and fairness rooted in idealistic baby-boomer lawyers have veered into unethi­ the Constitution trump the issue of guilt and innocence. cal or even criminal behavior, some observers of the legal profession have become particularly disillusioned; and There is also the tendency to shoot the messenger. justified criticisms of individual attorneys who have gone Beginning in the 1960s, the American nation assigned the astray have led to unfair denunciations of the legal law and lawyers to deal with our most difficult, con­ profession generally. tentious, and intractable societal problems—for example, race relations and equal opportunity, gender discrimina­ Clearly, we should debate the role of the law in our tion and equality of the sexes, environmental pollution, society, and it is our obligation to condemn the improper the determination of the beginning and end of life, and actions of some lawyers. But focusing only on wrongdo­ the role of government In our daily lives. These are ers distracts society from understanding that the law has complicated issues, with strong proponents on both been a powerful force for our nation’s improvement over sides, as evidenced by the debates over affirmative the past generation. And the bitter condemnation of action, economic development vs. environmental regula­ those lawyers for succumbing to the temptations that Our faculty’s scholarship is an important voice in the have eternally confronted humankind may simply reflect national and international debate on the law and the a maturing baby-boom generation looking in the mirror legal profession. Our books and articles address key and seeing that its own idealism has been tainted by societal, legal, and professional issues, advancing the human frailty. dialogue within the academy, the practicing bar, and the larger community. To be sure, the legal profession itself bears some respon­ sibility for its deteriorated public image. Individual Our students have demonstrated their commitment to episodes of poor representation, ethical lapses, over­ the law as a positive force, and they understand the reaching, inadequate communication to clients, and importance of public service by lawyers. Among the excessive fees take a collective toll on the standing of many volunteer activities at our school, students in lawyers and the law. The profession must respond with our Street Law Program instruct Cleveland public high rigorous ethical standards and enforcement to uphold the school classes in government and history, focusing on public trust and maintain the respect necessary for the system of justice and the rule of law in our country. lawyers and the rule of law. Other student groups provide service and support to the disenfranchised and needy people in our community. We meet the challenges to the legal profession in various ways at Case Western Reserve University School of Law. We must also engage those who doubt us in an open First, we demonstrate to our students the importance in discussion of the issues. There is a postscript to my our society of the law and the rule of law. We teach them story of the car salesman. I saw him a couple of months that lawyers are powerful forces in achieving equal justice ago while my car was being serviced. He told me that he under the law, representing persons in time of distress, had decided to apply to law school after all. When I protecting the life, liberty, and property of our citizenry, asked his reasons, he said it was because 1 had spoken guarding our collective civil liberties, and partnering to him so passionately a year before about the impor­ with our clients in planning and executing transactions tance of the law and the good work of lawyers. We, as a to fulfill our clients’ business and personal goals. We profession, need to communicate this message to others emphasize the responsibility that a lawyer has to expertly and demonstrate our commitment through effective and represent a client’s interests and, thereby, to increase the ethical lawyering. social welfare. At Case Western Reserve University School of Law, we We prepare our students to be leaders in law practice, prepare our students to be effective and responsible public service, and commerce by teaching them the members of the bar.
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