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The Religion of Law

published November 17, 2016

By Author - LawCrossing

( 6 votes, average: 3.8 out of 5)

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Have you thought about the role religion may play in legal practice?

Immediately following my moot court competition in law school, there was a cocktail reception held for all the participants. While there, I chatted with one of the students who was opposing counsel on the case my moot court partner and I presented. After congratulating this student for winning the competition, she responded by saying “Thanks, He really helped.”
 

Not sure if she was talking about the moot court professor, the judge or somebody else, I asked who “he” was. “God,” she informed me, was who had helped her. My partner looked at her and asked, “How come He was on your side?” This student, who had all the right answers during moot court was unable to come up with a response to that question.
 
I was reminded of this recently after watching the Minnesota Vikings defeat the Chicago Bears in an American football game. After the game, one of the Minnesota players interviewed on television said that God was responsible for his team’s victory. So that means God isn’t a Chicago Bears fan?
 
When it comes to the law, it is unclear if God takes sides or is even involved. Clarence Darrow, perhaps the greatest American trial attorney of all-time, was a known agnostic who spoke in public and wrote articles questioning the existence of God. Adding further doubt to God’s involvement in the law, I recently prayed that no one would catch a typographical error I made in a document I drafted. My prayers went unanswered, however, as both the client and a partner caught the mistake.
 
On the other hand, we do see the occasional miracle at The Firm. Like the time when an associate who we all considered to be the least competent among us won a huge verdict for The Firm’s most important client and was promoted to partner. Another miracle occurred just last week when my secretary stayed at the office past 5:00 p.m. to help me meet the FedEx deadline.
 
Some consider the law itself to be a religion. Others see it more as a sort of cult or sect. Many lawyers turn to religion in time of need—need of clients, that is. When feeling the pressure to bring new business to The Firm, attorneys consider their places of worship as a good source of potential clients. When doing so, one mustn’t be limited to a single faith. For instance, you can be Jewish on Saturday and Christian on Sunday. (You might want to check with the person in charge of the place of worship beforehand to see what the rules are about soliciting during services.)
 
I had a religious experience at The Firm just this past Christmas. While a few of the other attorneys (primarily partners) were out of the office, most of us were working away. It seemed like any other holiday. The day was made special, however, when some of the lawyers and members of the staff held services in The Firm’s lobby. We then listened to Christmas carols on a dictaphone.
 
Although I worked most of the day—this holiest of all holy days—it turned out to be one of the best Christmases ever! Well, let me qualify that. It was one of the best Christmases since I became a lawyer.
 
This one was much better than some of my Christmases past, such as the one I spent sleeping on the floor of the Cincinnati airport trying to get home from a closing. Christmas Eve 1997 was spent in a snow bank after my car skidded off the road while I was trying to deliver a purchase and sale agreement to a client’s vacation home. I’m not sure if God played a role in the outcome of that one or not. I survived the crash but I had to use the pages of the contract to keep myself warm while stuck in the car. The client complained that some of the pages were creased and I was reprimanded for this while still in the hospital recovering from frostbite.
 
I think The Firm could use a bit more of a religious influence than it currently has. It should, in fact, encourage this by retaining a full-time person in charge of spirituality. Such a person would have many tasks in and around The Firm. Hearing confessions would obviously take up much of his or her time as would administering last rights to those who die with their wingtips on. Consoling attorneys who lose cases and blessing pleadings would also be part of the job description.
 
As for LawCrossing, I do not consider myself a religious mammal. I’ve gone through life the same way I went through college—being undeclared for as long as possible. I do, however, believe in the Man Upstairs (the Managing Partner). I do not believe in reincarnation. Well, at least I really, really hope I’m not reincarnated because that would mean having to take the bar examination again.
 
See the following articles for more information:
 
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