as published in the IADC's Defense Counsel Journal, Volume 92, No. 2

“Am I Making the Seconds of My Life Count?” – Dr. Benjamin J. Hooks

AS TRAINED attorneys at law, we are uniquely qualified not only to make the “seconds of our lives count” but also to be engaged in the civic affairs of our local, state, and national communities. In fact, it is inherent in our unique position to act in a manner that is not only consistent with the rule of law but to preserve the rule of law. We, as lawyers, must stand as vigilant custodians of truth; guardians of justice; and as a bulwark against lawlessness and chaos.  Democracy is fragile, and it is the lawyers, not the military or militias, that are the first line of defense against civil chaos. 

The often-misused quote from William Shakespeare’s Henry VI Part 2, Act 4, scene 2—“The first thing we do, is kill all the lawyers”—is the standard clarion call for dictators and anti-democratic forces.  The phrase is tossed around as an insult to lawyers, but in the context of the play itself, the notion of “killing all the lawyers” is raised because lawyers are the defenders and protectors of an ordered society.  Lawyers are necessary to preserve the freedoms and rights of everyday citizens. While lawyers may not wear capes and fly off into the atmosphere, lawyers and the judiciary can be the “heroes” keeping tyranny at bay by preserving the rule of law for all. 

With all of this swirling around us, I am reminded of a case of mine from more than twenty years ago. This case serves to remind us of the importance of the law, and the power of truth over lies and deception.  State legislators currently seek to enshrine a school’s right to have a Confederate States of America battle flag, and even a swastika, in the classroom, but prohibit a flag with rainbows or the diary of Anne Frank from being displayed. Twenty years ago, I was involved in a fight over just the opposite. I was asked to defend an employer’s policy prohibiting disruptive symbols, specifically the Confederate Battle Flag, from the workplace. This is the story about how a relatively simple private employer employment case became about so much more. In this story, the rule of law was the key to taking funding from an entity openly associated with hate groups and turning it into a significant gift to the final project in the long life of a civil rights icon.

Click here to read the full article on IADC's website.