Judge McAuliffe Provides Inspiration And Orientation to New Lawyers

Remarks at Recent Swearing-In

You are members of a noble and learned profession - the fate of democracy itself, and the individual liberty it allows, is entrusted to you. Our nation is a nation of laws, and you are the guardians of those laws. It is you who read law, apply it to resolve disputes, file suit when disputes cannot otherwise be resolved, invoke rights, offer meaningful and equitable construction and interpretation, and insist on respect for constitutional protections. Advocate! Without you and without our system of justice, democracy could not last.

It is often tempting to ignore law and basic civil rights when a society is under stress, particularly when most agree that the person invoking legal protection is evil to the core. But justice only for the good is of course not justice at all. It is you, the bar, that keeps us from turning a blind eye to preferential justice. When you represent the hated and despised, insisting on the same rights afforded the popular and beloved, you act with great nobility. It is a sacrifice and it is often unacknowledged. Indeed it won't be too long before someone, a friend or family member, indignantly demands to know how you can represent the guilty. When that hap pens, and it will, remind yourself that in representing the guilty, by insisting that every citizen charged with a crime - the innocent and the guilty - receive the same justice, you are ensuring that the innocent, like your interrogator, will be less likely to be wrongly convicted. By your effort you are serving a much higher calling than representing the guilty. You are preserving the rights of the innocent, so that when they are needed, those rights will be enforceable. You are protecting justice for all.

Recall the great English chancellor and lawyer Thomas More's admonition that laws are like trees, and when they are easily cut down in order to chase the devil through the forest, nothing will be left to protect the chasers when the devil turns. And remember this: Contrary to popular (and uninformed) belief, although Shakespeare is often quoted as having said, "The first thing we do, lets kill all the lawyers!" the Bard never said any such thing. Rumpole of the Bailey tells us that context is everything, and so it is here. A character in "Henry VI" named Jack Cade speaks the line "let's kill all the lawyers." Cade was an anarchist, rebel and cutthroat, described by Shakespeare as "the head of an army of rabble and demagogues, pandering to the ignorant." The line, considering its source, is actually very high praise for lawyers. It recognizes that for demagoguery and totalitarianism to succeed, the lawyers, who stand for reason, truth, law, and individual liberty, must first be removed from society.

Howard Nations, in an article he wrote for TRIAL magazine a few years back, pointed out that Adolph Hitler, like Jack Cade, fully appreciated the point. Hitler said: "I shall not rest until every German sees that it is a shameful thing to be a lawyer." High praise indeed. Like Rumpole, you are now adequately equipped to remind people inclined to quote Shakespeare out of context that context is everything. After all, you are lawyers.

The short of it is that you should always understand and be proud of your profession and its incredible accomplishments, and while laughing at the latest series of lawyer jokes, don't lose sight of the fact that your profession stands between individuals and tyranny. Your job is justice. Remember, too, that lawyers, more than any other profession, volunteer their time and energy to school boards, zoning boards, charitable corporations, pro bono representation, and a myriad of other worthy causes that help make this country the great place it is.

I would be remiss if I did not just add a few practice pointers - advice that is easily stated, but not always so easily implemented. Try to master these and you will have a far more satisfying and productive professional career.

• Never forget that you are your foremost client and you are an officer of this court no less than I am. Do not sell that honor or the reputation for integrity and character that go with it for any client or any fee. Be straightforward and honest in your dealings.
• You are in an enviable position that will last only about five more years. No one expects you to know everything. Instead of trying to hide the fact that you are inexperienced, trade on it. Use it to ask questions without embarrassment. If you don't know something about process or custom or the practicalities of getting a deposition organized, ask! Any matter involving the court - ask. The deputy clerks are very friendly, they want to help, and they will help in any way they can, but you have to ask.
• Do not shirk from practicing in fed eral court because you think it is oh-so intimidating. Our practice is a little different, but not that much. Read our local rules. Two things about those rules you need to know: First, they were written largely by a committee of lawyers who routinely practice here, and are not designed to trap the unwary. Second, they are written from the perspective of telling a new lawyer everything he or she needs to know about how the process actually works here. Read them from that point of view, rather than only on occasion to find out where you went wrong.
• Remember that our jobs are similar yet quite different - we both seek the truth and justice, the right answer or correct resolution of disputes. But you are advocates....Our system depends upon your spirited argument of fact and law from your client's perspective. You can accept that the judges here know and appreciate that fact. A judge, on the other hand, must consider all sides, sometimes many sides, in trying to get the right answer, and sometimes we make mistakes. That's why they are called "opinions" and that's why there is a court of appeals. So, do your best, don't take any results in a case personally, and by all means file an appeal as the best revenge.
• Always keep in mind that effective advocacy is your highest duty, but that advocacy does not include intentional or even negligent misstatements of fact or of law, and that your duty to your client never calls for incivility or unprofessional behavior. Members of this bar are held to a high standard of professionalism, courtesy, and complete candor.
• You are members of a great bar association. You will find that collegiality and congeniality are hallmarks of the New Hampshire Bar. We remain small enough that everyone pretty much knows everyone else, or at least knows "of them." Creeping anonymity has yet to work its damage here. We are by no means perfect. As in Lake Woebegone, all the lawyers here are above average, and most are heroes. With very rare exception, you will find that lawyers in New Hampshire are civil and courteous, willingly help colleagues, and generally shun sharp practices. We do have a villain or two, but they quickly have more difficult lives. Don't put yourself in that minority.
• State and federal judges in New Hampshire try hard to be accommodating, approachable and helpful. If you truly have a unique burden or problem, you need only explain it and ask for relief. But do explain it and do ask for relief. Do not sit back waiting for problems to cure themselves - they rarely do.

I believe you were asked this morning to take a moment to thank your parents, relatives, spouses and significant others who helped you get where you are today. I always thought that was a fitting and well-deserved part of the state bar admission ceremony. Having fulfilled that obligation, you should now take some time today to pat yourself on the back, as well. We all know how difficult it is to get here, and before you head off to the next, higher mountain that needs climbing, relax and enjoy this summit for a bit, and contemplate some truth that those a few generations ahead of you are just now coming to understand: Don't confuse your job with your life. In the end, it's your family and friends that matter, it's whether you leave the world a better place for having been here that matters, it's truly not money and not accolades and not professional success. Attend to the things that matter. You can have it all, but only if you don't neglect any of it.

Once again, on behalf of my colleagues and the court's staff, congratulations and welcome. We all very much look forward to working with you and getting to know you. Good luck.

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