Monday, September 13, 2021
A few weeks ago I blogged about the latest issue of The Journal of Appellate Practice and Process, which looks at what lawyers and judges can do to help ease our country’s deep divisions along racial, ethnic, religious, political, and socio-economic lines. Today I want to focus on one article in that issue--Lawyers as Peacemakers by Lance B. Wickman.
Lance Wickman has a fascinating background. Since 1995, he has served as the General Counsel for The Church of Jesus Christ of Latter-day Saints. He has also served in LDS church leadership. Prior to becoming general counsel, he worked for the firm of Latham & Watkins in California as a litigation partner. He also served in the Vietnam war. Much of his career has been centered around conflicts, either through war, litigation, or "political and cultural conflicts." Despite this experience, his article explains his belief that "the heart of what lawyers and judges do--or should be doing--is peacemaking."
Mr. Wickman starts his article by exploring the existing divisions in our country, highlighting some disturbing statistics on the increasing lack of faith in the rule of law. He then gives a defense of the concept of "the rule of law," explaining that it needs "constant tending and defense" and that it promotes fair, neutral, and peaceful resolution of disputes.
After highlighting the importance of the rule of law, Mr. Wickman delves into the role that lawyers and judges can play in defending the rule of law and acting as peacemakers. I don't want to give away the full article, so I will just touch on two of his examples. First, he talks about how lawyers are resourceful. As he writes, "In battles over cultural or moral is-sues, lawyers can help chart approaches that seek fair-ness for all Americans, rather than winner-take-all out-comes that breed resentment and perpetual conflict." As an example, he cites the compromise in Utah over religious freedom and LGBTQ rights that led to the passage of Utah Senate Bill 296. The bill involved collaboration between Equality Utah and the LDS church and "prevented discrimination in employment and housing while preserving religious freedom."
He also writes that lawyers are "resolute." As he explains, lawyers must "defend the rule of law in the teeth of determined opposition, even when doing so seems to threaten our narrow interests." For this point he cites the example of John Adams defending the British soldiers charged with murder during the Boston Massacre. Although Adams's action caused him to lose clients, even in his later years, Adams cited his representation as "'one of the most gallant, generous, manly and disinterested actions of my whole life, and one of the best pieces of service I ever rendered my country.'"
Mr. Wickman ends his article with an excerpt from President Lincoln's first inaugural address. If any person knew how to bring people together, it was Lincoln. I recently finished A Team of Rivals by Doris Kearns Goodwin, which highlights Lincoln's effort to bring several rivals for the presidency together in his cabinet. For those interested in the role lawyers can make as peacemakers, I commend both Mr. Wickman's article and Ms. Goodwin's book.