Chapter 2: Professional Identity Formation

15 2.4 Lawyering Legacies – Alternative Visions of Professional Identity

Gemma Smyth and Nicole Couvillon

Introduction

Stories about lawyers often tout intellectual prowess, larger-than-life personality or ‘going for the jugular’ advocacy. However, there are many other “lawyering legacies” that students can look to in their communities, within non-traditional careers, in academia, and in other social justice contexts. Ideal “lawyering legacies” can look different for students depending on their life goals and career goals. Lawyering legacies can also involve the desire to prioritize community involvement throughout one’s legal career. At times in law school, students may feel pressured to participate in volunteerism and extracurriculars simply for the sake of putting this experience on their resume.  Volunteerism and involvement should be based on what students are interested in and something that is meaningful – not about simply checking a box on a job application. Like an externship experience, community involvement can go beyond benefiting others and can also bring positive benefits including, building relationships, and developing skillsets that can assist the lawyer themselves. Legal careers in smaller cities and towns can also be very fulfilling and provide great opportunities for community involvement. It can help to hear about lawyering legacies directly from lawyers themselves and what has been impactful within their careers, to expand knowledge related to professional identities.

These excerpts from interviews, editorials, or books present other ways of thinking about lawyers’ professional identities. Some are with more well-known public figures and others are with lawyers working for change in their own communities. 

Bryan Stevenson

Bryan Stevenson is a now-famous lawyer and professor who has committed himself to racial and economic justice, particularly through the Equal Justice Initiative. Below are excerpts from an interview with Bryan Stevenson.

“I was very nervous about my ability to help someone with my limited law school education, but it was clear to me that being there and talking to [my client] had an impact on the quality of his life. It was the first time I felt like I could make a difference in the lives of people. [My client’s] humanity, his willingness to accept me as someone who might be able to make a difference despite my limitations, really said something to me about a dynamic, a relationship that’s possible… We [as lawyers] have to be more hopeful about what we can do. Hopelessness is the enemy of justice and it’s what allows injustice to prevail. In that respect, we need lawyers and people trained and skilled with the tools that the law can provide—people who are motivated to do things, and to change things…We have to be willing to engage, not just what we know in our head and what we think in our mind, but we also have to engage our heart. I think justice comes when the ideas in our mind are fuelled by the convictions in our heart and I don’t think there’s anything wrong with being passionate or motivated or engaged or impacted by the things we do. And this passion-disconnected posture that so many in the legal profession take, I think actually feeds a kind of indifference to inequality and injustice that we need to reject.” (1-6)

Teresa Matich, “Bryan Stevenson on How Lawyers Can Make a Difference” CLEO (1 June 2020)

Jeff Brown

Sometimes, the practice of law isn’t actually the right path for people – even when they are very good at it. Jeff Brown is a former criminal lawyer who left the law to follow a spiritual helping path. His book “Soulshaping: A Journey of Self-Creation” (Berkeley, California: North Atlantic Books, 2009) tells a powerful story about why he was drawn to the practice of criminal law and how his spiritual journey eventually pulled him away from a practice he felt was feeding unhealthy parts of his psyche. This brief excerpt gives the smallest taste of a very complicated book. Brown uses terms like “Warrior” and “Hyperboy” to describe the different parts of his personality that were drawn out or emphasized in certain contexts. This short excerpt is included in this text to give voice to students who choose law but also feel called to something different.

“I went back to law school raring to fight the good fight… Although my poor self-concept asserted that I would not attract good law firms, something deep inside me drove me to excel. I finished the school year with three A’s and the prize in Law and Medicine… I heard the call to practice criminal law loud and clear. Where was this call coming from?… I was offered a wave of articling interviews, including one with Eddie [Greenspan’s] partner…

[Eddie] said he would call later in the day. He did, and he hired me. Those parts of me tied to my poor self-concept were stunned, though a quieter voice told me it had been inevitable…. [In 3L, however], my sense that I was not who I appeared to be was intensifying. Although I didn’t realize it then, another calling was beginning to take a seat at the table… One aspect of my calling that found its way through was the desire to heal people through my love of psychology. With no chance of ruling my consciousness just yet, it emerged from hidden chambers with an offer of partnership for the Warrior. I spent much of the school year imagining ways to humanize the courtroom… At this time, it did not seem possible to live outwardly in ways that were in harmony with my inner voice. Either I lived in my false self and in the world, or I lived authentically, inward and detached…

I ended my year with Eddie at peace with path. The Warrior was delighted. Hyperboy was hyper-happy, certain that trial law would keep me mobilized and self-avoidant for years to come. And the Huckster was at peace because I wouldn’t have to knock on other people’s doors to survive-they would knock on my door now. I could finally satisfy my economic needs with dignity. Law was my imagined protections against the hounds of winter. Most of all, my ego was satiated.” (p. 14-19)

Colleen Caza

Students may also feel pulled to work in a traditional field of law and feel apprehensive about their ability to balance their community involvement and social justice interests. There is a way to do both, which is exemplified by Windsor, Ontario lawyer, Colleen Caza. This piece is based on interviews with Ms. Caza in the fall of 2022.

Colleen Caza is a successful personal injury lawyer at Goldstein DeBiase and is heavily involved in her local community. Colleen facilitated the start-up of the Windsor Lawyers Feed the Hungry Chapter in 2010, along with her colleagues, to help provide food security in the local community. This Chapter has provided over $300,000 over the last decade to programs in Windsor and Essex County, continues to sponsor two meals each month for the Downtown Mission, and provides weekend food packages to children at a local elementary school, as well as direct support and donations to local agencies for meal funds or food distribution.

When asked about balancing her career with involvement, Colleen advised that while it can be tricky to balance a legal career, family, and community involvement, “it helps tremendously when your work environment is supportive of community involvement and encourages it.  I personally feel very committed to giving back to the community and believe that everyone should do so in whatever way they are able.”  Though this doesn’t necessarily mean volunteering simply for the sake of checking a box.  Colleen goes on to say that “community involvement should be meaningful and not done out of obligation.  My volunteer activities add meaning and dimension to my life.” Colleen’s recent volunteer work has included volunteering with her children as “buddies” for the local Miracle League which was both fulfilling and fun for her and her children.  Colleen points out that “community involvement can evolve and change to fit with your interests and time commitment.  There are so many needs in our community which seem to be increasing all of the time.”  Throughout her career, Colleen has enjoyed working with great colleagues, learning new things, and meeting people that she is uniquely positioned to help.

Justice Breyer, by lawyer Neal Katyal

Stories such as the one below by former clerk Neal Katyal highlight other characteristics important to lawyering – this one about Justice Breyer of the Supreme Court of the United States upon his retirement:

Neal Katyal, “Breyer’s Legacy of Constitutional Humility” (Washington Post, January 26, 2022), online:

“In the days to come, there will and should be a lot of pieces written about Justice Stephen G. Breyer’s brilliance and influence on the Supreme Court. This is not one of them.

Of course, the justice is brilliant; his opinions will have a deep impact on our democracy for decades to come. But his execution of those rulings, and the way he carried himself on the court, may stand as an even greater legacy still. At this tense moment in our history, where the mere act of hearing someone out is considered betrayal, Breyer points the way to a healthier democracy.

I had the privilege of clerking for Breyer in his second year on the court, in 1996-1997. The justice clearly did not want to appear to be like Felix Frankfurter, another Harvard law professor turned justice. Instead, he tacked in the opposite direction — becoming a listener instead of a pontificator.

I remember a case that had me worked up over a constitutional matter — an issue that, I believed, with all my 26 years of wisdom, represented a deep infringement on individual rights. I produced a 40-page memo to that effect, exhaustively researched.

The justice read it, down to the footnotes, then asked: “Who am I to make such a decision for the entire American people?”

To be sure, the justice wasn’t shy about enforcing the Constitution when the circumstances called for it — protecting any number of marginalized groups over his long tenure. But that spirit of humility informed everything he did. In one of the cases he heard last year, the case of the cursing cheerleader, he openly worried at oral argument about how to write a workable rule for the case. “How do I get a standard out of that?” Breyer asked. “I’m frightened to death of writing a standard.”

Times have changed since Breyer joined the court in 1994. We now live in a world of know-it-alls, catalyzed by a social media engine that brings these forces together. The centrifuge extracts a tribal purity, where if you believe one thing you must necessarily believe 10 others, and those 10 lead you down another 10, and so on.

Instead of learning from those outside this closed universe, you have to stay in it or face attack. And within it, because everyone is egging each other on, facts start to lose their salience. Instead, passion and purity become the new currency.

Enter Breyer. His life’s work stands as a counterpoint to this: that one can hold strong views, and yet retain nuance and the capacity to listen and learn from one another.

His best friend for many years on the court was Justice Sandra Day O’Connor. At first, they appeared quite an odd couple. She, an unreserved Arizona legislator who carried the spirit of the West with her everywhere. Breyer, reserved and Bostonian. Some thought the friendship was strategic, but that’s doubtful — anyone who knew O’Connor understood she wasn’t going to be bamboozled by friendship. It was a true, genuine relationship, forged by people who had mutual respect for each other’s differences.

The same was true with Justice Antonin Scalia, who became Breyer’s frequent debating partner. Scalia and Justice Ruth Bader Ginsburg may have had the famous friendship, but it was Breyer with whom Scalia conducted many public debates on matters of constitutional philosophy and statutory interpretation.

At every turn, Breyer remained civil and respectful, even when Scalia went after him hard. I remember after one set of insults hurled by Scalia, I urged Breyer to say something back. He just ignored it, saying he wasn’t going to play that game.

There was, in short, a constitutional humility about Breyer. He didn’t pretend to know the answer to every question. He paid attention to what the other side was saying, and was charitable in listening instead of impugning motives.

But that wasn’t where his listening stopped. A deep part of his listening practice was to pay attention to experts in the field. He often said federal judges are not experts on national security, or the environment, or the economy, and that a deep part of wisdom was deference to expertise. Breyer’s path was to triple check his personal impulses, and particularly so if they conflicted with the views of true experts on the question before him.

Consider just how different that is from the political debates today, where extremist ideology has attacked things that should be noncontroversial, from wearing masks to taking vaccines, from addressing global warming to protecting voting rights.

America stands at a crossroads. On one path is more toxic extremism, the culmination of which we witnessed on Jan. 6. Despite that armed insurrection, the path remains just as seductive as ever to many.

The other path is quieter and more difficult to practice. It is a path forged by Breyer: respect for others, reverence for the law, and most of all, a commitment to listening to and learning from one another.”

Dr. Tess Sheldon

Throughout an externship experience, and throughout a lawyer’s career, there may be client experiences that offer impactful and meaningful learning experiences for students and lawyers.  Having the ability to involve empathy and compassion in practice can also benefit both lawyers and clients. This can allow lawyers to build rapport with their client, assist with communication and analysis of the client’s situation, building both the lawyer-client relationship and the case itself. This piece is based on interviews with Dr. Sheldon in the fall of 2022.

 Dr. Sheldon is a professor at the University of Windsor faculty of law, and previously worked at ARCH Disability Law Centre for many years – a specialty legal clinic dedicated to advancing the rights of persons with disabilities. She believes in a compassionate approach to lawyer-client relationships.

Dr. Sheldon describes her meaningful experience with a client as a new lawyer, working in a specialty social justice legal clinic.

Dr. Sheldon often worked with clients labelled with intellectual disabilities and through this important work with her clients, learned about her ““special responsibility” to respect human rights laws in force in Ontario [jn the LSO Rules of Professional Conduct]. This includes accommodation obligations by lawyers to their clients with disabilities, including the communication of information in clear language.  Dr. Sheldon discusses an impact of a particular client labelled with an intellectual disability who brought a human rights complaint about the failure of a federal agency to accommodate her disability-related needs. While meeting with this client, Dr. Sheldon learned a lot about her. As she stated, “[I]t was important to her that any arguments that she made weren’t about how “sad” her life must be as a person with a disability. I learned a lot from her, and I was so grateful to be able to work with her!”

Dolores Korman Sloviter

Sometimes, looking to the history of experiences entering law school and in the job search process sheds light on problems that still exist today. Law firm partner, law professor and later US court of appeals judge Dolores Korman Sloviter reflected on her experiences in seeking employment in the law (excerpt from Jill Norgren, “Stories from Trailblazing Women Lawyers: Lives in the Law” (New York: New York University Press, 2018), 120-122).

“I had no idea that there would be discrimination. I didn’t know any lawyers. I just decided that’s what I wanted to do…. I wanted to go to [a particular law school’. I remember I was interviewed by [a dean]. He said to me, “Why should we let you knto the law school? You’ll only take a seat for a man and you will make no contribution to the law school and the legal profession”. I don’t know what I answered, but I got into the law school…

It was in my third year that i began to job hunt, and I had my first recognition of pervasive refusal to accept women as equals. After all, I had a very good academic background, and was third or fourth in the class… [T]he guys got jobs right away… I remember going to “the Assistant Dean’ and he said go through the book that lists the law firms… and see which law firms you want to apply to. I knew by then that more than half of the law firms… wouldn’t take a Jewish person. It turns out that all of them except for one wouldn’t take a woman…

[In a law firm interview] I said I wanted to be treated the same as everybody else. I wanted to go into court with others lawyers, wanted to be just an associate, didn’t want to be limited to writing briefs. How I was so bold I don’t know, but I was… I was told, “We would be very happy to have you but our clients wouldn’t know what to do with a woman lawyer,” or, “Would you like to work in our library?”… The job hunting affected the rest of my life because I became absolutely aware of the depth of discrimination against women in the law.”

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Learning in Place (2nd Edition) Copyright © 2023 by Gemma Smyth and Nicole Couvillon is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, except where otherwise noted.

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