Monday, April 02, 2012

A Christian Lawyer in a Not-So-Christian World

I'm in my last semester of law school. Lord willing, and through His power and sustenance, I will be a licensed, practicing attorney in seven months. I just took the Professional Responsibility exam and will be sitting for the Bar Exam in July. If you feel compelled, lifting a prayer in my direction is certainly appreciated. That such a great responsibility is about to be thrown on my shoulders in short time is slightly scary. Nevertheless, this isn't about me; this is 100% about God using me in a way that will accomplish His will and His purposes.

So, in case you were dying to know why lawyers are such crooks, I have been noting (although, not well) some of the inconsistencies in the practice of law and the practice of following Christ. As a disclaimer, some will say that the two codes are indeed consistent; however, these are my personal notes and observations. I wouldn't say they directly clash, but there are noteworthy nuances.

1. Lawyers don't lend money to clients.
I am almost certain that the money the restriction speaks of is client funds (particularly, funds in holding) and not personal funds. The goal is that attorneys' judgment calls aren't to be affected by ulterior motives, such as gaining your loaned money back. That seems fair, but I can't help but recall that Jesus tells us, in the Sermon on the Mount, to give to the man that asks. And if someone sues you, give him not just your cloak, but your tunic also. And I don't see an exception. (See Matthew 5:38-42)

2. Generally, lawyers don't have a duty to do the best thing, only the acceptable thing.
The Rules of Professional Conduct are written to be a floor, or standard, that an attorney cannot fall below in conduct. They (soon to be "we") are permitted to go above and beyond the call, but the rules are what are noted as acceptable. But does Jesus call us to be merely acceptable, or are we called to be the best we can possibly be? (Note Matthew 5:43-48). Again, this is not necessarily inconsistent per se, as attorney rules allow for better-than-minimal acts.

3. Attorneys are always working in ways that will protect themselves.
I'm not saying it's a bad thing; indeed, it's a smart thing to do. But I think it's sad that lawyers have to be constantly looking over their shoulders in preparing work. They are fearful that clients will turn around and sue for malpractice. Note: It is fairly difficult to prove and win a malpractice suit against an attorney. Moreover, as I noted, malpractice is most often due to an act that fell below that "floor." I just think that in such an environment of self-protection and "C.Y.A.", it would be easy to get caught up in and focus more on selfish endeavors to protect myself. It should be absolutely important to put the client's interests ahead of the attorney's.

There are more things to note, but I won't get into nitty-gritty rules of attorney conduct and practice. That might put you to sleep. As always, thank you for reading, and thank you for your support. I can't wait to finally finish law school.

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