July 27, 2009

The Real Attorney-Client Privilege: Window on the Heart of a WWII Vet

I met with an elderly widower at his home today. We addressed his legal issues, then lingered and talked a while. He mentioned how he'd always lived in his hometown, except for three years in the service during World War II. He's 86 years old, physically strong and mentally sharp. I decided to take a chance and ask him about his wartime service, aware that many from his vanishing generation prefer not to discuss such experiences. But he was ready.

He worked in ground support for American and R.A.F. airmen flying bombing missions from a base in England. The airfield was under constant threat from German attacks and other similar bases were hit, costing many lives. Once, he sneaked aboard one of our planes for a mission over Germany, thanks to a friendship forged with the bomber's Captain. But soon, he explained, choking with tears at the words, he learned not to make friends with the bomber crews. Because so many never made it back. It was less painful if they weren't your friends. "We stopped getting to know them," he said, "It was a decision we made. We lost too many friends."

When he finally returned home, it was more of the same. Too many friends from his town were gone too, killed in the war. He struggled with guilt. Why did he survive? Why not them instead? And he struggles with the weight of that guilt even now, an old man alone so many years later. Still tearful, hankerchief in hand, he pointed to his Bible on the coffee table, "The only one that helps me through is the Lord."

That's the real attorney-client privilege. To be invited in, to be granted a privileged connection to the life's journeys of our clients.


July 8, 2009

Religion in the Workplace: Ideas, Resources, Stories?

I'm serving on the faculty of an upcoming Religion in the Workplace CLE program through the Pennsylvania Bar Institute. It's intended to be a discussion oriented forum, so if anyone has any good ideas, helpful resources, or relevant stories you think might be enlightening or interesting for me to share with our attendees, please feel free to pass them along! You can post them as a comment or send me an email. Thanks!

June 8, 2009

Christian Law, Not "Church Law"

I was doing a book signing for The Believer's Guide to Legal Issues at a conference for pastors and church leaders last week, and a potential reader bounded up to my table and started energetically grilling me about church law. You know, the murky intricacies of denominational hierarchy and judicial councils and trust clauses and what not. He assumed I was all about the law governing the internal conduct of church business affairs.

Before the guy got too far along, I had to tactfully jump in and cut him off. "I'm a Christian lawyer, not necessarily an expert in church law," I explained, "I try to help my clients approach everyday legal situations from a God-honoring biblical perspective, and my book is written for them - regular folks navigating the regular legal system." He was a bit disappointed, I guess. He seemed so anyway, as his conversational zeal quickly evaporated and he wandered off without buying my book.

I tell this story to illustrate a common misperception I encounter among both lawyers and non-lawyers alike. There are an amazing number of people who pigeonhole Christian lawyering, assuming, like my briefly made acquaintance, that a Christian lawyer must be one who handles matters of church law.

While I have nothing but respect for actual church law practitioners, theirs is but one narrow band of the full spectrum of Christian law. The Bible informs and enlightens in virtually every commonly encountered area of law and, in my vision for Christian lawyering at least, the Christian lawyer helps clients reconcile the legal situations they encounter with the relevant biblical wisdom. Christian law transcends church law and every other legal specialty.

May 22, 2009

Cross and Gavel: New Web Resource for Christian Lawyers and Law Students

Mike Shutt and his crew at the Institute for Christian Legal Studies have created Cross and Gavel, an excellent new web resource for Christian lawyers and law students.

From the site: Cross & Gavel is a comprehensive resource for Christian lawyers and law students who believe that faith is central to law practice and study. We understand that it is not always an easy task to faithfully walk out one’s calling in the law, and we desire to provide information, highlight resources, locate training, and network people seeking to be faithful ministers of justice in the kingdom.

May 9, 2009

The Prenuptial Blues

As a Christian lawyer, what's your take on prenups? Can a couple truly experience the physical, emotional, and spiritual unity of being joined as "one flesh" in the holy covenant of marriage when their legal interests are being kept separate by a binding prenuptial agreement? Is it healthy for bride and groom to be pitted against one another in adversarial legal negotiations during the months, weeks, and days leading up to their wedding ceremony?

You can get a sense of my answer from this short dramatic video spot for my chapter on prenups from The Believer's Guide to Legal Issues...

April 30, 2009

Justice Souter Steps Down: First Supreme Court Pick Looms for President Obama

While popular speculation held that President Obama's first Supreme Court vacancies would arise in the seats of two of the most liberal Associate Justices (the nearly post-octogenarian John Paul Stevens and the frail Ruth Bader Ginsburg), it turns out that Associate Justice David Souter (pictured left), a slightly younger liberal member of the Court, is the one providing President Obama with his first nomination opportunity. 

With Senator Arlen Specter's recent defection to the Democratic Party (Did the wiley Specter possess a bit of insider info about this impending vacancy? He will certainly bask in the limelight of leading from the majority side in yet another high profile Supreme Court confirmation process.)  setting up a nearly filibuster-proof Democratic super-majority, Obama's pick will face little meaningful opposition from the remaining Republicans on the Senate Judiciary Committee or in the full Senate. 

In replacing Souter, Obama's likely selection of a left-leaning nominee will be merely a liberal-for-liberal swap, maintaining the existing ideological weighting on the Court. Along with Stevens and Ginsburg, the other liberal Associate Justice, Stephen Breyer, will remain.  The conservative Associate Justices Antonin Scalia, Clarence Thomas and Samuel Alito, the conservative Chief Justice John Roberts, and the swing vote, Associate Justice Anthony Kennedy, will likewise remain, leaving the balance of power on the Court intact, for now.

Who will be Obama's first Supreme nominee? His vanquished foe Hillary Clinton? His elusive mentor William Ayers?  A lesser known patron? A rising protege, someone young enough to shape the court in the President's image for a generation? 


April 24, 2009

Christian Law Journal: What is it? Who is it?

Anyone know the story behind the Christian Law Journal?

It's an online publication that just recently started turning up in my Google Alerts on Christian law, and it looks rather interesting. It has a professional and comprehensive feel, with lots of current and breaking info, but I can't be 100% sure its not some kind of sophisticated robot aggregator. Here's the description from the about page on the site:

"Founded in March of 2009, the Christian Law Journal exists to provide  christian lawyers and other professionals in the legal community with with up-to-date reports, news and trends in a fast-paced legal environment. Through the Christian Law Journal, legal professionals can find the latest news, technology insights, marketing tips and advice, law school news, verdicts and settlements affecting the christian community, areas for law students, book reviews and much more. In addition, the Christian Law Journal provides customized advertising solutions for marketers targeting the christian legal community."

April 17, 2009

Talking Clients Off the Litigation Ledge

Peacemaking Principles: Responding to Conflict Biblically is an amazing (and freely downloadable!) resource I use in my law practice to help clients make God-honoring choices when considering litigation. Produced by Peacemaker Ministries, this little one sheet pamphlet is packed with practical tools and easy to follow biblical guidance on handling conflict.

The brochure exposes typical destructive responses to conflict - escape (denial, flight and suicide) and attack (assault, litigation and murder) - and contrasts them with constructive biblical responses (overlooking offense, reconciliation, negotiation, mediation, arbitration and accountability). A trove of relevant scriptural authority in client-friendly format includes The Four Promises of Forgiveness, The PAUSE Principle of Negotiating and The Seven A's of Confession.

Think it's too tough to be a Christian peacemaker in your law practice? Simply hand your potential litigation client a copy of Peacemaking Principles: Responding to Conflict Biblically, suggest they read it and pray before deciding how to proceed, and then watch what happens. (A bit of prayer on your part doesn't hurt either!) You may soon find yourself happily out of work. It's happened to me more than once!

April 13, 2009

Denying Christ in Your Law Practice

Jesus answered, I tell you, Peter, before the cock crows today, you will deny three times that you know me. - Luke 22:34 (NIV)

Committed intellect. Intense passion. Fearless, strong, ready to stand with Jesus no matter what the cost, even prison and death. Yet hours later the bold disciple is cowering, denying his association with Christ. 

Is that you?

You're a lawyer and a committed follower of Jesus Christ, heart and mind renewed by the power of the resurrection. But are you openly revealing your Lord and Savior in your professional life? Do your colleagues in the law practice know who you really are? Is your faith obvious to your students? Do your clients recognize Christ in the way you conduct yourself? 

Or are you a stealth Christian at the bar, keeping your association with Jesus hidden in some dark catacomb? Who do your actions say you are when confronted by the rough and tumble challenges of the legal profession?  Would you even be accused of Christianity based on the words you speak and write as a lawyer?  

In your practice, you'll very soon have three opportunities to proclaim Christ or deny Him. We all will. The opportunities begin with our next phone call or email, the conversation we're about to have with our partner or paralegal, or the clients we're about to meet. The opportunities never stop coming.  As Christian lawyers, I pray we'll have the courage to demonstrate that, yes, we do know Jesus.

April 6, 2009

What if YOU were Pontius Pilate's Lawyer?

Randy Singer's The Cross Examination of Jesus Christ has been out for a few years, but still makes an intriguing and thought-provoking read for Christian lawyers as we experience the days leading into Good Friday and Easter. Singer offers a unique and insightful version of the tumultuous arrest, trial, and punishment of Christ, told from the insider's view of Pontius Pilate's chief legal advisor.

I'd highly recommend the book to my fellow attorneys at any time of year, but reading it this week offers us an especially fresh and timely perspective.

April 1, 2009

Through the End of This Journey: Elderly Clients

Do not cast me away when I am old; do not forsake me when my strength is gone.

- Psalm 71:9 (NIV)

Some days in the law office unexpectedly take on an obvious theme. Yesterday was serving the elderly. With a few minor exceptions, my time was spent meeting with, preparing documents for, and corresponding about older folks.

Several were longtime clients, people I've been working with since they weren't elderly at all. My conference with one couple in particular, though, focused my thoughts on the transient nature of this life and the very personal window we lawyers are granted through which to observe the unfolding change. The husband, a jovial man and a brother in the Christian faith, a genuine and well-loved pillar of our community, is now approaching a quite vigorous 90. His dear wife is fading in her health, moving slowly, speaking slowly, but still smiling and radiating kindness.

We addressed the matters at hand in a business-like manner, but it was at the conclusion of our official work that my heart was touched. Our good-bye was long, extended with unexpected words of appreciation and affirmation from my clients. Words offered with a certain tone of urgency and a look in the eyes that suggested an acute awareness that we may not meet again in this world.

Godspeed, friends.

March 27, 2009

Indian Head Pennies and Holy Moments

As Christian lawyers, sometimes we're thrust into the glare of the public spotlight, seeking justice in some high-stakes, high-profile controversy. Other times, we're called to serve our clients in the most humble, quiet ways. 

Yesterday, I had the high privilege of spending a couple of peaceful hours with the Executrix of an estate in a quiet bank office as we counted and cataloged her late father's coin collection. We reverently sorted well-worn indian head pennies and liberty dollars, imagining the people who had once handled the coins, the lives they led, the tumultuous events they had witnessed, and we occasionally talked in reminiscent tones of how her dad had accumulated the collection. We were diligent but unhurried, cognizant of our sacred duty and the fiduciary trust others had placed in us.

Sometimes the best part of being a lawyer is simply the opportunity to share intimate moments in the lives of our clients. Times when witnessing for Christ means nothing more complicated than being a supportive listener and honorable companion. 

March 24, 2009

Helping or Hindering?

Woe to you lawyers! For you have taken away the key of knowledge; you did not enter yourselves, and you hindered those who were entering. - Luke 11:52



Just a little something for us lawyers to ponder...