Saturday, June 21, 2014

Lawyers and Virtue


Lawyers and Virtue
Bill Piersol
Several years ago I was at a professional conference being held in a large hotel.  In a room down the hall from where the conference I was attending, the meeting poster for that room read something like, "Steps to Help Lawyers with Addictions".   I remember my first thought was, "wait a minute, these are lawyers, we can help them by disbarring them". 

Looking back, that probably was pretty harsh.  If a lawyer gets addicted on pain killers and admits it, shouldn't he or she be allowed to get treatment and keep their job?   But it brings up a point, just exactly how virtuous does a lawyer have to be? 

Aristotle is often referenced with regards to virtue. For moral virtues, he specifically identified justice, courage and honesty (McGinniss, 2011).  It seems to me, honesty is the primary catch-all. If you are guided by that, you are doing pretty good.  But as the old saying goes, nobody is perfect, so having the courage to admit mistakes is the way to get back on track.  So in the case of lawyers who are addicted to drugs, having the courage to admit an addiction is virtuous (although there may have been some none-virtuous decisions earlier that got him or her in that situation for which a person may be held accountable).

Moral virtue though is not the only virtue that lawyers should be guided by.  There is intellectual virtue, evidenced by practical wisdom or prudence, that Aristotle called "phronesis" (McGinnis, 2011).   This is a type of sensitive "early warning system" that has a person looking ahead to avoid getting into a situation that one would prefer not to be in.  Aristotle advised that the best way to learn this wisdom is to observe and model after those who have practical wisdom (McGinnis, 2011).  There is a saying that a "smart person learns from his mistakes, but a wise mane learns from the mistakes of others". 

I think the value of the ethics course is it gets you to consider numerous situations which better prepares you to face them - a kind of modeling.

 Reference
McGinniss, M. S. (2011). Virtue ethics, earnestness, and the deciding lawyer: Human flourishing in a legal community. North Dakota Law Review, 87(1), 19-57.

 

3 comments:

  1. Bill,
    I see where you were going with the virtue perspective, especially for those who practice law. I agree that when I would see a sign that was posted to aid in helping attorneys with addictions, I would have thought the same. Like you said we are all perfectly in-perfected human beings. Slip ups happen. When you touched on Aristotle's "phronesis," in my opinion is in the intuitive side of a person. A side warning not to go down a certain path. Thank you so much for such an interesting read.

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  2. You are so right, lawyers are only human. I could not imagine what it would be like to have the future of someone at my hands. Their life could depend on how I perform. The thought of forgetting to point something out could send some to prison for the rest of their life. Or if I don't find everything this,person could lose everything. That is the weight of the world. Society has to remember that before they were lawyers they were human and capable of making mistakes. As long as they can own what they do and change it why disbar them?

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  3. William: You raised insightful points in your blog on lawyers and virtue. Professor Taylor

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