When I was a (much) younger lawyer, I was a member of the American Bar Association. In part because I was a joiner back then and gravitated to any group that represented lawyers. I wanted to be part of the legal community, and the ABA looked like our official group. Presidents of the United States used to rely on or at least acknowledge their recommendations when appointing judges. The ABA’s opinion mattered. It seems like a long time ago, probably because it was.

 

The most important thing I got out of my ABA membership were the trial tips from Professor McElhaney in the ABA Journal. Every month, he managed to teach me something new about trial tactics and techniques while his trusty foil Angus took notes and asked questions.  I ripped those articles out and kept them in a folder which I read before every trial for inspiration. If you see any similarities between his writing style and mine, you are mistaken but I appreciate it.

 

I realized that the ABA wasn’t really a group of lawyers like me, it was led by and focused on the needs of attorneys from big firms in big cities. I dropped my membership and but for McElhaney’s trial tips, I didn’t miss it.

 

But recently, the ABA took a stand and I was proud of them. They issued a statement condemning the attacks on judges by politicians and appointed bureaucrats. In case you missed it, there are those who suggest that judges should be impeached.  Not for unethical or criminal acts, but for disagreeing with politicians.

 

This is unquestionably wrong. And shameful.

 

If it were only political posturing, it would still be shameful, but less of a concern. We could write it off as sour grapes if we were confident that the other branches of government would respect the law. That is less certain now than any time I can remember, particularly when lawyers in government are among those making the statements, not denouncing them.

 

Gentle Reader, I realize that this space is a lighter, if not humorous look at the legal practice. I apologize, but I don’t feel light and there is nothing funny about these dangerous acts. It is un-American to even suggest punishing judges for upholding the law. If we are not a nation of laws, our profession and our very republic are in danger.

 

A cynic said that our laws protect those it does not police, and polices those it does not protect. I have spent my career representing the underdog against bigger, richer opponents and I don’t believe that is true. At least not when the law is respected.

 

What is a lawyer to do in all of this? When we pass the bar, we swear an oath to uphold and protect the Constitution.  I never really gave much thought to what that meant, to be honest. Outside of what I do when representing my own clients, I haven’t seen a lot of clear opportunities to defend the Constitution. I never felt it needed much defending before. We will either defend it now, or go down as the generation who watched it fail and did nothing.

 

Now is the time for lawyers to speak up in defense of the rule of law. Now is the time to speak up for an independent judiciary.  At every opportunity,  we must criticize and condemn those who, whether from ignorance or for power, seek to undermine the law and our legal system. If we do not, our oaths are meaningless. As Sir Thomas More said in A Man for All Seasons, I would give the Devil the benefit of the law, for my own safety’s sake. In More’s world, even the Devil would follow the law. Hopefully the government will in ours.

 

©2025 With All Due Respect. Spencer Farris is the founding partner of The S.E. Farris Law Firm in St Louis, Missouri. Comments or criticisms about this column may be sent c/o this publication or directly to him via email at farris@farrislaw.net. He should be funnier next month. Relatively.