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Resurrecting Aesop,
Fables Lawyers Should
Remember
Author: Mike Papantonio
FOREWORD by: Robert F.
Kennedy, Jr.
In
law, as in life, we are challenged
to walk with one foot in the
spiritual realm and one in the
material. As lawyers, we struggle
to live by the values that bring
happiness and keep us centered with
God while embracing the tactics
that bring us success in our
professional endeavors. Mike
Papantonio teaches that these ought
not to be contradictory
purposes.
In
becoming a great lawyer, we
sometimes risk losing sight of the
things that make us a good human
being. Our work can become an
addiction that robs our families
and deprives us of the balance that
is the emblem of a truly rich life.
Job stress, high stakes, and the
professional duty to vigorously
defend our clients occasionally
incline us toward incivility or
worse. Every lawyer has the
opportunity to tweak the truth, to
spin a tale, or to massage the
facts to gain advantage in
litigation. The very gifts for
justification and rationalization
that make us effective lawyers may
tend to decalibrate our moral
compass or hobble us in our more
important relationships. The moral
challenges are always greatest in
the hurly-burly of trial work when
decisions must be made
instantaneously and the perils of
losing seem most frightening.
Self-will often leads good lawyers
into bad habits, tantalizing them
with the illusory rewards of large
fees, easy victories and hasty
advancement.
Such
choices place peace of mind,
self-esteem, and reputations-those
things with true spiritual value-in
jeopardy. When that happens, we
have got to go back to basics.
Every day we must struggle to again
submit self-will to God's will,
a struggle with drama,
difficulties, and pitfalls that are
amplified by professional success.
If our profession is to enhance our
personal growth we must operate by
the premise that there is no case
and no cause that is important
enough to make us compromise our
basic values and no material
acquisition to substitute for a
virtuous life. We must constantly
readjust and check our moral
compass and continuously ask
ourselves, "Am I doing the
right thing now?" As we
accumulate power and wealth that
beckon us to live by our own rules,
we must persistently discipline
ourselves to live by the rules we
learned in grade school: don't
lie, cheat, or steal, and do onto
others as you would have them do
unto you. These are the values that
place God over self and community
over self-indulgence.
Mike
has traced those values back even
further than grade school to 600
years before Christ when the pagan
philosopher, Aesop, used animal
stories to teach the ancient kings
of Asia Minor the same lessons in
rectitude and service that I
learned from the nuns in
third-grade catechism. He taught
them the basic tenets of eternal
wisdom.
Wisdom
is the knowledge of God's will.
It is universal truth. Aesop's
lessons transcend the barriers of
religion, language, culture,
geography, and time. They are as
true and relevant for lawyers in
twenty-first century New York as
they were for the pagan royalty of
Asia Minor in the sixth century
B.C. Aesop's animals invariably
suffer for their acts of pride,
greed, self-indulgence, and
obsessive ambition. They are
rewarded when their conduct
demonstrates the virtues of
humility, integrity, kindness and
commitment to community.
Law
is the essence of community. The
highest function of law is to
foster community and to promote the
development and enforcement of
rules that safeguard the public
from the excesses of power. Law
fosters fairness and dependability
in human intercourse and promotes
justice and access to power for
every member of the community. At
our best, lawyers shield
communities from the seduction of
the notion that we can advance
ourselves by leaving our poorer
brothers and sisters behind or by
trampling on the rights of the poor
or future generations. Law, at its
best, is a calling that asks us to
transcend self-interest and spend
our lives in service to
community.
But
law is also a path to power, money,
and assets that offer the
practitioner opportunity for
corruption and abuse. Even the most
virtuous attorney may sometimes get
distracted by pride or ambition for
the top of the heap. Aesop warns
that that spot is usually nothing
but a high place from which to
tumble. Aesop's man who stares
at the stars and falls in a hole
reenacts a theme common to many of
the philosopher's stories.
Aesop understood that life, for
most of us, is a struggle between
self-will and God's will,
between ego indulgence and
community service. Like the frog
who seeks to inflate himself above
his fellows-until he
explodes-ambition and
self-indulgence often end in
destruction. The lawyer who lies or
bamboozles for a client, in the
hope of acquiring money, fame, or
power will find he's become not
the king of the heap but, in
Mike's apt description, "a
pathetic, boorish lapdog to the
highest bidder."
If we
focus on professional success as
the measure of ourselves, our work
will devolve into ceaseless
activity without personal or
spiritual progress. Mike shows how
the focus on self leads us to
exhaust ourselves in struggles
without meaning or purpose. Peace
of mind, personal growth, and
self-esteem come not by
self-indulgence but by doing
esteemable things. That often means
resisting the impulse for easy
victory and taking the more
difficult path. Real success, in
the form of personal fulfillment,
is achieved when we take our eyes
off the horizon of pride and
personal ambition and focus instead
on methodically performing the
little tasks of civility and
service. This is the lesson that
the tortoise taught the hare.
This
does not mean the lawyer should
abandon healthy ambition. Healthy
ambition does not lead an
individual to lie, cheat, or
bamboozle for a client. Healthy
ambition is the desire to do
God's will and enjoy his
blessings. Mike's conclusions
confirm my own experience: good
behavior often brings good
fortune-either from providence,
from reciprocal altruism, or from
the good will and trust that we
gain among our fellows. There is,
of course, no guarantee that mere
rectitude will bring us legal
victories or prosperity. But even
if it doesn't, we will still
enjoy our reputation. The
reputation for trustworthiness,
good judgment, rectitude, and
discretion, the example of a life
well lived, and the invaluable
respect of our peers all exceed in
value the illusory victories of
money and fame.
Mike
asks us to listen anew to
Aesop's advice that we wear
life like a loose coat and cling to
nothing material; the easy choices
do not usually give us the benefits
we expected. If we ignore the call
for service to God and community in
favor of material success, we risk
the fate of the country mouse who
discovers that the material luxury
of the city comes with the danger
of a big hungry cat.
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