Volume 158, No.

Wednesday, January 11, 2012

Music mirrors attorney standards and ideals

Anybody who has gone through a rough romantic breakup can relate to the concept: For a while, in the immediate aftermath of being kicked to the curb (or of being the kicker), every song you hear reminds you of the relationship that once was. Even songs that have absolutely nothing to do with the former object of your affections suddenly seem to relate to your heartache and you find meanings in song titles or lyrics that you never saw before. For me, it even happened with 99 Luftballoons. I couldnt tell you why. This phenomenon also happened to me when I prepared for a big trial. Simple Minds Promised You a Miracle was about fraudulent inducement in a software implementation matter; Less Than Zero by Elvis Costello was our settlement posture in a breach of fiduciary duty case and while defending a client accused of violating a nondisclosure agreement, I recall hearing the Go-Gos Our Lips Are Sealed in a whole new light. As Illinois Supreme Court Commission on Professionalism deputy director, I spend a great deal of time thinking, discussing and writing about attorney professionalism issues. Soon after I took the position last year, I began to see the relevance of the titles of some songs on my iPod to the commissions goal of working with the Illinois legal community to promote the highest standards and ideals of our profession. I took some idle moments during a long holiday road trip to compile my Professionalism Playlist. Because categories make things like Jeopardy!, movie rentals and hurricane measurement easier, I have grouped the tunes into five of them. Granted, the songs listed below expose me as an embarrassingly stuck in the past middle-aged guy (maybe thats why my daughters say that I speak with an 80s accent), but to paraphrase Frank Zappa, I am what I is. Civility Dog Eat Dog Adam and the Ants Search and Destroy The Stooges Shout It Out Loud Kiss Rip Her to Shreds Blondie Bring the Noise Public Enemy Bigmouth Strikes Again The Smiths The Illinois Supreme Court established the commission in 2005 to address the rising tide of incivility and the win at all costs approach to the practice of law that was engulfing our profession. Youve seen it during your career the lawyer who treats opposing counsel like he just killed his dog or who plays petty discovery games or refuses to agree to even the most minimal and inconsequential accommodation, or who thinks that if he shouts loud enough, he

Professionalism on Shuffle
By David S. Argentar

David S. Argentar is deputy director of the Illinois Supreme Court Commission on Professionalism. He also writes on the commissions blog, which can be found at blog.ilsccp.org.
will do a better job of advancing his clients interests. However, we all know that this kind of conduct does a disservice to the profession and its perception by the public, to the administration of justice, to our reputations and, ultimately, to our clients. We can work together toward the day where every hard-fought trial or prickly negotiation begins with I look forward to working with you and concludes with a handshake (or at least something other than Bite me.) They may say Im a dreamer, but Im not the only one. Ethics I Walk the Line Johnny Cash Flirtin With Disaster Molly Hatchet Situation Yaz Troublemaker Weezer Its Tricky Run-DMC Legal ethics goes beyond simply determining whether a given action runs afoul of one of the Rules of Professional Conduct. As the Preamble to the Rules states, a lawyer is also guided by personal conscience and the approbation of professional peers and many difficult issues must be resolved through the exercise of sensitive professional and moral judgment. Indeed, these issues are tricky sometimes. Often, however, ethical dilemmas can be resolved just by asking yourself: Is this stupid? A quick pause to consider the answer to that inquiry can be all it takes to avoid a boatload of grief. Diversity Come Together The Beatles People Are People Depeche Mode Break on Through The Doors Stereotype The Specials Bein Green Kermit the Frog OK, I dont have Bein Green on my iPod, but that is probably the first song about diversity that many of us ever heard and I dig

the Muppets. The importance of diversity and inclusion in our profession is well known; the message has been spread, attitudes have shifted and programs have been introduced with varying degrees of success over the past couple of decades. What does diversity have to do with professionalism? Quite simply, we are better able to serve our clients and we become better lawyers when we include and are exposed to different perspectives, life experiences and backgrounds. As the current state of our political discourse makes clear, living in an echo chamber and hearing only like-minded views is limiting and isolating. Wellness, mental health and addiction Breakdown Tom Petty and the Heartbreakers Personality Crisis New York Dolls Hang Onto Yourself David Bowie Senses Working Overtime XTC Too Much Pressure The Selector Its no secret that lawyers are afflicted with depression, addiction or other serious mental health issues at a much higher rate than the population at large. It might be the stress of billing enough hours or bringing in enough business, the time spent away from family or general dissatisfaction with the practice of law. Throughout your career, theres no escaping the reality that, as Toots and the Maytals sang, Pressure gonna drop on you. Not only do we need to stay mindful of our own well being, but we need to support our colleagues who may be dealing with these problems. Pro bono/service With a Little Help From My Friends Joe Cocker Give It Away Red Hot Chili Peppers Service to the public, to advance the administration and availability of justice for all, to give back to our communities is an essential part of the privilege of being a lawyer. At a time when so many are facing economic hardship and the budgets for legal aid services are being slashed, the number of people who need legal assistance but cannot obtain it is skyrocketing. Pro bono service can provide incredibly rewarding experiences for attorneys and life-changing circumstances for the people and organizations benefiting from such service. Was this convergence of rock n roll and professionalism a pointless and trivial exercise arising out of interstate-induced boredom? Probably. But the way we at the commission look at it, anything that gets folks thinking about ways we can improve the legal profession is a plus.

Copyright 2012 Law Bulletin Publishing Company. All rights reserved. Reprinted with permission from Law Bulletin Publishing Company.