Brigham Young University Law School BYU Law Digital Commons Vol. 2: Service & Integrity Life in the Law 12-15-2009 Volume Two: Service and Integrity Follow this and additional works at: https://digitalcommons.law.byu.edu/life_law_vol2 Recommended Citation "Volume Two: Service and Integrity" (2009). Vol. 2: Service & Integrity. 1. https://digitalcommons.law.byu.edu/life_law_vol2/1 This Complete Book is brought to you for free and open access by the Life in the Law at BYU Law Digital Commons. It has been accepted for inclusion in Vol. 2: Service & Integrity by an authorized administrator of BYU Law Digital Commons. For more information, please contact [email protected]. life in the law SERVICE & INTEGRITY EDITED BY SCOTT W. CAMERON, GALEN L. FLETCHER, and JANE H. WISE J. REUBEN CLARK LAW SOCIETY BRIGHAM YOUNG UNIVERSITY LAW SCHOOL PROVO, UTAH Photos courtesy of L. Tom Perry Special Collections, Harold B. Lee Library, Brigham Young University, Provo, Utah (MSS 303). Captions are as follows: (1) Title Page: Joshua Reuben Clark Jr. (1871–1961) [jrc], second from left, as u.s. Ambassador to Mexico (1930–1933) presenting his credentials to President Ortiz Rubio, Mexico City, Nov. 28, 1930. (2) Page 1 (Be Ethical): jrc on steamship S.S. Ile de France, Dec. 1935. (3) Page 63 (Be Healers): jrc and his wife, Luacine S. Clark (1871–1944), at organiza- tion of Oahu Stake, Honolulu, July 12, 1935. (4) Page 127 (Be Professional): jrc in New York City, early 1935; photo by Blackstone. (5) Page 185 (Be Servants): jrc at ranch in Grantsville, Utah, 1942. (6) Page 247 (J. Reuben Clark Law School): jrc in Salt Lake City, Jan. 19, 1960; photo by Ralph Clark for Lorin F. Wheelwright; this photo hangs in the Moot Court Room of the J. Reuben Clark Law School. © 2009. Brigham Young University Press, J. Reuben Clark Law Society at Brigham Young University. All rights reserved. Opinions expressed in this publication are the opinions of the authors, and their views should not necessarily be attributed to the The Church of Jesus Christ of Latter-day Saints, Brigham Young University, the J. Reuben Clark Law Society, or Brigham Young University Law School. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical or other means, now known or hereafter invented, including photocopying and recording or in an information storage or retrieval system without permission in writing from the publisher. To contact the J. Reuben Clark Law School or the J. Reuben Clark Law Society, write to 341 JRCB, Brigham Young University, PO Box 28000, Provo, Utah 84602. Library of Congress Cataloging-in-Publication Data Life in the law : service & integrity / edited by Scott W. Cameron, Galen L. Fletcher, and Jane H. Wise. p. cm. Includes index. ISBN 978-0-8425-2738-5 (hard cover : alk. paper) ISBN 978-0-8425-2741-5 (paper back : alk. paper) 1. Legal ethics. 2. Lawyers—Religious life. 3. Law—Moral and ethical aspects. 4. Religion and law. 5. Christian ethics—Mormon authors. 6. Church of Jesus Christ of Latter-day Saints—Doctrines. 7. J. Reuben Clark Law School—History. I. Cameron, Scott W. (Scott Wallace), 1946– II. Fletcher, Galen L. (Galen LeGrande), 1961– III. Wise, Jane H., 1951– IV. J. Reuben Clark Law Society. K123.L545 2009 174’.3--dc22 2009027883 Printed in the United States of America 10 9 8 7 6 5 4 3 2 Contents Preface v BE ETHICAL Thomas B. Griffith How Do We Practice Our Religion While We Practice? 3 Cree-L Kofford A Restatement of Contracts 15 Sheila McCleve It Is Given unto You to Judge 21 Sandra Day O’Connor On Being Ethical Lawyers 27 Gerald R. Williams Learning from Our Conflicts 37 Kevin J Worthen Religiously Affiliated Law Schools: An Added Dimension 47 BE HEALERS W. Cole Durham Jr. The Doctrine of Religious Freedom 65 James E. Faust Be Healers 83 Constance K. Lundberg Words of Hate, Words of Love 91 Chieko N. Okazaki Peacemaking: Our Essential Work in the Last Days 101 Jane H. Wise Law School: A Sacred Experience 111 Michael K. Young The Relevance of Religious Freedom 119 BE PROFESSIONAL Cecil O. Samuelson A Personal Philosophy of Professionalism 129 Brett G. Scharffs Three Assumptions Lawyers Must Never Make 135 Deanell Reece Tacha Packing Your Briefcase 149 iv Contents John W. Welch And with All Thy Mind 155 Dale A. Whitman Avoiding Pitfalls 167 Lance B. Wickman In Search of Atticus Finch 173 BE SERVANTS Larry EchoHawk On the Wings of My Fathers 187 Matthew S. Holland With Charity for All 195 Neal A. Maxwell Unto This Very Purpose 203 Dallin H. Oaks The Beginning and the End of a Lawyer 213 Boyd K. Packer On the Shoulders of Giants 225 Kenneth W. Starr Acquired by Character, Not by Money 239 J. REUBEN CLARK LAW SCHOOL Marion G. Romney Why the J. Reuben Clark Law School? Dedicatory Address and Prayer of the J. Reuben Clark Law Building (September 5, 1975) 249 Gordon B. Hinckley Dedicatory Remarks and Prayer of the Howard W. Hunter Law Library (March 21, 1997) 255 Dee V. Benson The House that Rex Built 261 Bruce C. Hafen A Walk by Faith: Founding Stories of the Law School 269 Kevin J Worthen The Essence of Lawyering in an Atmosphere of Faith 281 James D. Gordon III Lawyers and the Rule of Law 295 Index 303 Preface An ethical life in the law is both a process and a product. This collec- tion of talks is designed to assist law students and attorneys in their work to be moral healers, professionals, and servants in the law. Some of the speeches focus on the process of being ethical or competent. They speak to the practical and spiritual decisions that professionals make to become better. Other talks touch on the results of moral choices for Christian lawyers, holding them up as worthy goals. The book’s categories, “Be Ethical,” “Be Healers,” “Be Professional,” and “Be Servants” address what lives of service and integrity in the law can look like. Each of these categories has aspects of both process and prod- uct. Our hope is that the readers will become ethical lawyers, constantly striving in the process and always improving themselves as the product. In addition, at the end of this volume are a set of materials specific to J. Reuben Clark Law School, an institution founded to leaven the loaf of the legal profession and society, a continual process and a never-ending product. This volume seeks to perpetuate the memory and name of J. Reuben Clark Jr., a man of integrity, who constantly improved himself through- out his life by serving others. This book is not about him, although seven photos are included and he is profiled substantially in two chapters. (See pages 225–238 and 287–289.) Rather, this volume shows the legacy being created by good men and women associated with the two institutions that carry his name: J. Reuben Clark Law School and the J. Reuben Clark Law Society. Most of these chapters originally were talks given at BYU Law School, at Clark Society events, or at Brigham Young University, and pub- lished in the Clark Memorandum. This book is a successor volume to an earlier compilation, Life in the Law: Answering God’s Interrogatories (2002). v vi Preface Many individuals assisted in the process of producing this book. For their enthusiastic support we thank the recent deans of BYU Law School (Kevin J Worthen, James D. Gordon III, and James R. Rasband) and the chairs of the J. Reuben Clark Law Society (Lew Cramer, Joseph Bentley, Brent Belnap, and Nancy VanSlooten). We thank for their significant help in many ways: Kevin J. Abbott, Dave Eliason, Joyce Janetski, Tyler Lake, Doug Maxwell, Natalie Miles, Bjorn Pendleton (cover design), Adrian Selle, and Rebecca Wood. Finally, a special thank you goes to Jeanette Befus and the Law School Accounting staff for their tireless service with the prior, current, and future volumes of Life in the Law. Scott W. Cameron Galen L. Fletcher Jane H. Wise BE ETHICAL How Do We Practice Our Religion While We Practice? Thomas B. Griffith I was asked to speak at a J. Reuben Clark Law Society event in Portland, Oregon, as a last-minute fill-in replacement for Senator Gordon Smith, who couldn’t attend because he was participating in the Senate’s debate over the Iraq War resolution. All agreed that his absence was excused. I knew that the audience would be bitterly disappointed to settle for me in the place of Senator Smith, and, wanting to lessen their disap- pointment to the extent that I could, I decided that I would take a stab at the topic he had chosen for the day, “How Do We Practice Our Religion While We Practice?” I found the exercise of addressing that topic to be helpful to me. I hope that you find it helpful to you. Senator Smith’s question is, I believe, an acknowledgment that certain endeavors in this life entail greater spiritual risks than do others. Now, I realize that there are spiritual risks in all human activities, includ- ing church work. No less an authority than Screwtape himself observed, “Nowhere do we tempt so successfully as on the very steps of the altar” (C. S. Lewis, “Screwtape Proposes a Toast,” The Screwtape Letters [New York: Macmillan, 1961], 172). Remember the Lord’s warning to us in d&c 121 about the unrighteous use of the priesthood: “We have learned by sad experience that it is the nature and disposition of almost all men .