Horack, H. C.

McGuire, William B.

English

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The Student Movement in Bar Association Work - Effect of Experiences on Young Lawyer’s Later Professional Outlook

Duke Law Scholarship Repository

512 AMERICAN BAR ASSOCIATION JOURNALThe Student Movement in BarAssociation Work-Effect ofExperiences on YoungLawyer's Later Profes-sional OutlookBy WILLIAM B. McGUIREFormer President Duke Bar Association;Member North Carolina BarandH. C. HORACKProfessor Duke University Law SchoolBOUT a month after the opening of school thesuggestion was made that the students of the lawschool organize a Student Bar Association. Justwhere the time for such work was to come from was notindicated, but nevertheless Richard was intensely inter-ested. He knew vaguely of the American Bar Asso-ciation, and certain state and local bar associations.The latter he had heard did little more than attend afuneral "in a body" occasionally, but, so he was told,the American Bar Association and certain of the statebar associations were actually accomplishing things.Just what these associations were doing or what astudent association could do none of the students couldsay, but at any rate this seemed to offer an opportunityto become acquainted with what was going on in theprofession and with what the progressive lawyers werethinking about, and therefore everyone was anxious toset up an organization and give it a try, to think aboutlawyers' problems and get away from the eternal grindof reading and briefing cases. Maybe this was whatthe Judge had in mind when he suggested that studentsin law schools "where they had nothing else to do"should learn more about professional problems.The Association was organized with an executivecommittee composed of the elective officers, and ninesections corresponding in name to those found in theAmerican Bar Association and most state associations,the chairman of each section being appointed by theexecutive committee. Everyone came to the first fewmeetings to see what it was all about, but no one seemedto make any such discovery.No one seemed to know what to do or what couldbe done by such an organization. The sections whollyfailed to function and meetings degenerated into frivol-ous arguments over such matters as whether, or where,or when to have a student dance, or other equally im-portant student affairq. A few students took advantageof the meetings to practice public speaking without hav-ing anything to say. The organization that had startedout with the ambitious title of "The University BarAssociation" found itself nothing but a weak self gov-ernment association dealing only with ordinary studentaffairs and with no greater knowledge of professionalproblems than it had had at the beginning. At last thestudents as grouped in the various sections met to dis-cuss the reason for this failure. Immediately it wasclear. The students were still interested and wantedan association, but-and this was their great discovery-they didn't know what a bar association shoulddo, or how they should go about doing whatever suchan association should do. They asked for faculty super-vision and guidance;' they did not want faculty control.The students wanted it to be their organization withvoluntary participation but they did want advice. Herea new complication arose. Many members of the fac-ulty knew little, and cared less, about bar associationwork. Some who had been active in professional or-ganizations were familiar only with certain local vol-untary bar associations and did not expect any barassociation to do any serious or constructive work. Itseemed as necessary to educate the faculty as thestudents!So there appeared the necessity for counsel bythose acquainted and in sympathy with the real possi-bilities of bar association work in order to inform thestudents as to these possibilities. It being admittedlydesirable for them to be interested and active in barassociations as lawyers, they found themselves, as stu-dents, totally ignorant of the nature of the work of abar association, and, without some guidance, apparentlyincapable of running one.Now with the counsel of interested and experi-enced men the students set to work. Beginning withan opening meeting, at which plans for the year's workwere outlined, the program, with monthly meetingsspread over the year, was designed to correspond tothe intensive three or four day program of the annualmeeting of the American Bar Association or an activestate bar association. Not being unmindful of thesocial aspect of the well rounded lawyer's life, a num-ber of Association dances were arranged for by theSection on Law School Affairs, and, with the coopera-tion 'of the wives of the Law School faculty, the Asso-ciation held a number of informal receptions.The whole project being an experiment, it wasnecessary to try various types of programs for themonthly meetings. It was found that the studentswanted outside speakers, in part. But, still more, theywanted student participation by way of section reports,and, particularly, open forum discussion, especially onproblems of interest to lawyers but of which most stu-dents had some information from their general reading.There was considerable doubt expressed that thestudents would have time for serious bar associationwork without interference with their studies. As apractical matter, here as elsewhere the answer was thatthe students who wanted to do so had time for theirsection work and to serve on committees and attendmeetings, and, strangely enough, all seemed to find timeto attend all social affairs that the organization spon-sored. A sufficient number not only were anxious toprepare reports for presentation before the Associa-tion, but, also, they asked for the opportunity to pub-lish their work in their own Bar Association Journal.promising to do work worthy of publication.Of particular significance as indicating the pro-fessional attitude of the students after the year's trialof bar association work was their adoption of the "Pro-fessional System." This System made the Associationentirely self-governing as to general student conduct.setting up a disciplinary procedure similar to thatusually found in an incorporated bar association. TheSection on Grievances and Professional Conduct hadoriginal jurisdiction to hear all cases, with an appealfrom its decision to the Board of Governors whosedecision was to be final. \Vhen presented with thequestion of adopting this system, the point at issueproved to be-should each student assume any re-sponsibility for the conduct of his fellow students? TheSTUDENT MOVEMENT IN BAR ASSOCIATION WORK 513students approached the question as one of a profes-sional nature and very definitely answered in theaffirmative. The argument went as follows: If theprofession is to maintain proper standards and com-mand the respect of the public, its members must as-sume the responsibility of maintaining these standards,and such responsibility should be assumed in LawSchool as well as after receiving a license. Whosebusiness is it what other lawyers do? Whose concernis it what the public thinks of the profession? Is ittoo early to begin thinking about these questions whilein Law School?Some had prophesied that the organization wouldend by being no more than a mere student governmentassociation regulating minor matters of law school dis-cipline. But such was not its fate. In fact the Asso-ciation functioned as it was intended-as a part of theprocess of legal education, designed particularly to in-terest students in the broad problems of the profession,to inform them of their professional obligations, andto train them to assume their professional responsi-bilities.Some there were who still asked, Why a Bar As-sociation? What's the use of studying lawyers' prob-lems before we are lawyers? Do Bar Associations everaccomplish anything, anyway? But a survey of legalperiodicals and bar association proceedings showedthat questions of this type are not peculiar to law stu-dents. And there were a few who said with franknessthat they were studying law in order to make a livingand not to help save the public, and they cited promi-nent practitioners of their acquaintance who held thesame view. Yet with the discussion of these problemsthe reasons for bar associations and preparation to takelart in them seemed to become clearer.As Richard Roe leaves Law School to become anactive practitioner he is determined to take an activepart in his local and state bar associations. His ex-periences in the student association have convinced himthat the profession can improve itself through themediumn of bar associations, and that it is his duty asa member of the profession to aid in bringing aboutthis improvement. In his first year out of school,together with a number of other recent law schoolgraduates he helps to organize a "Junior Bar Associa-tion" because manv of the older members of the barin his community were still asking the question, "Whatgood are bar associations, anyway?" and answering itby saying, "All they ever amount to is for a fewlawyers to get together to elect each other to someoffice in the association."With the enthusiasm of youth, Richard writesback to his school, "If you can send us a few men eachyear who are really interested and who have some con-ception of bar association work, in ten years' time wecan change the professional attitude of our whole barand the public's opinion of us. And just think what.it would mean if every law school in the country wassending out men who believe as we do in bar associa-tions as a means of improving the profession!"Wholesome and Inspiring Instructions ofKansas JudgeFollowing are the instructions recently given to ajury by Hon. Ross McCormick, Judge of DivisionNumber One of the District Court of Sedgwick County,Kansas. They were sent to the JOURNAL by a memberof the Kansas Bar, with the comment that they arewholesome and unique and the suggestion that they bepublished. The JOURNAL is glad to comply with thesuggestion.INSTRUCIIONS\[embers of the Jury:Read these instructions thoroughly before youcommence your deliberations. You are now more thanmere citizens and tax-payers. You are jurors and adefinite part of this court, with the same high sourceof authority and the same weighty responsibility. Thesame honesty and integrity is required of you as isrequired of me.Our duties differ. You find the facts; that is yourduty. I declare the law ; that is my duty. If you gooutside the evidence and these instructions, you violatethe law and your oath. Allow no one, on or off thejury, to suggest it. If any one does suggest it, reporthim to me. No man or jury is wiser than the law;obey the law.If we ourselves violate the law, how shall we, inhonor, sit in judgment on others?The Scriptures say:"First cast the beam out of thine own eye, thenshalt thou see clearly to cast the mote out of thybrother's eye."In other words, if we are right ourselves, we cando. impartial justice. No worthy judge, no honest juror,fears to do right.At the outset of your deliberations, therefore, re-member your oath and resolve to live up to it. It pro-vides that you and each of you will well and truly trythe matters submitted to you and a true verdict giveaccording to the law and evidence. It binds your con-science to a solemn sense of duty and of justice. Bearit constantly in mind.It means that no ill-will, no prejudice, bias, orfavor, for or against any law, litigant, or attorney inthe case shall, in the least, influence your verdict. Itmeans that no stiff-necked stubbornness or obstinacyshall enter your deliberation, but that reason and com-mon sense shall prevail among you. It means that youwill acquit yourselves like men (and women) of honorand character. Anything less on your part will behighly reprehensible.You will thus do justice, maintain the dignity andintegrity of this court, and demonstrate again the meritand reliability of the jury system.American Ambassador Honored(Front Scottish Law Review, May, 1934)It may have been noticed that the American ambas-sador has been elected an honorary Bencher of theMiddle Temple. The practice of appointing honoraryBenchers at the various Inns of Court is modern. Itappears that at the Middle Temple the first honoraryBencher to be elected was Lord Robertson, formerlyLord President of the Court of Session, and later,a Lord of Appeal in Ordinary. Elected in November.1899, he was given precedence next after the Treasurerfor the time being and members of the Royal Family.Again in 1905 the late Mr. Joseph Choate, then repre-senting the United States in this country, was made aliencher, an honor he prized highly and which he recog-nized in a very practical way by presenting to thelibrary a large collection of American law reports whichhave been found of immense use.

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The Student Movement in Bar Association Work - Effect of Experiences on Young Lawyer’s Later Professional Outlook

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