Mesmerized by litigation
The entire legal profession — lawyers, judges, law teachers
— has become so mesmerized with the stimulation
of the courtroom contest that we tend to forget
that we ought to be healers — healers of conflicts.”
—Chief Justice Warren E. Burger [2]
I never really knew much about CJ Burger but the things I have seen that he has to say about litigation really ring true for me. I work with a number of young lawyers and there seems to be a real split- there are those who are itching to get into court and don't think you can be a real lawyer if you don't litigate. Then there are the others who don't care about litigating. It's the ones who think litigation is the end all and be all of solving a client's problem that interest me. Sure, litigation has it's place but it's just one tool.
Why don't we value our role as counselors? What is it that makes so many lawyers think they aren't real with litigation? Is it TV? Law school? Or a combination of things.