REMARKS. at the Inaugural Convocation of the UNT Dallas College of Law. by the Honorable Nathan L. Hecht Chief Justice, The Supreme Court of Texas
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1 REMARKS at the Inaugural Convocation of the UNT Dallas College of Law by the Honorable Nathan L. Hecht Chief Justice, The Supreme Court of Texas Majestic Theater Dallas, Texas August 10, :00 p.m. Chancellor Jackson, Dean Furgeson, Distinguished Officials and Guests, Ladies and Gentlemen, and Members of the first entering class of the UNT Dallas College of Law: A law school dean is famously reputed to have greeted an incoming class with these words: Look to your left. Look to your right. One of you won t be here by the end of the year. That story has been repeated so many times, even in novels about law school like One L by Scott Turow and The Paper Chase by John Jay Osborn, it has become legend. Whether it actually happened or not, the story sticks because law school is challenging. It s not so much that the subject matter is harder than that of any other discipline. I took freshman physics in college, and I don t remember a day in law school being as hard as every day was in physics class. Physics really is rocket science. There are complex subjects in law school, like tax, oil and gas, and antitrust law. But other courses teach things you already know something about from life: contracts how people reach binding agreements; property rights how things are owned; torts the subject of private wrongs; and criminal law the subject of wrongs against the people. Law school just teaches these subjects more carefully and more thoroughly, because community life itself is complex, and fairness and justice are sometimes hard to achieve. Law school teaches the rules this society and our predecessors for hundreds of years have come to agree are best to achieve fairness and justice among ourselves. You ll find that many subjects mirror life. Two of my favorite courses in law school
2 Remarks Chief Justice Hecht UNT Dallas College of Law Convocation Page 2 were Procedure and Evidence because they involve the rules of the courtroom. When I was first introduced to them, they seemed like a bunch of rules to memorize, but in time, I saw that they logically and sensibly defined a way for us to resolve disputes among ourselves and with our government, just as the rules of baseball define baseball. The rules teach us what we can trust and what is unreliable. One rule of evidence everyone knows is that hearsay is inadmissible in court. The reason is because what someone says someone else said, who s not here to confirm or deny it, is generally not trustworthy. But there are exceptions, like a dying person s last utterance about the cause of his death. The rules of evidence are good rules to live by outside the courtroom. But the mastery of legal subjects is not the most challenging part of law school. Law school does not merely provide information; law school teaches thinking. All of you have no doubt noticed by now that one thing from which the world suffers grievously is a lack of thinking. There is lots of talking. Lots of talking. Our civil discourse is noisy, acrid, and often not very thoughtful. And there are many plans and programs that are leaps before looking, and certainly before thinking. Every law student is frustrated when the professor won t just give the answer. Of course, you should look for it yourself, as you surely know by now. But even more importantly, law school does not provide simple answers because usually there are none. Yes, there are rules that must be followed, but applying those rules to the problems of real life is hardly ever easy. And even when it is, lawyers must always be thinking about whether the rules themselves are right. I keep framed in my office, where I can see them, the words of Thomas Edison: There is no expedient to which a man will not go to avoid the real labor of thinking. Lawyering requires thought. This thinking can be dangerous training. Your friends and family will not understand the change in you. Your spouse will be making a point about something, when suddenly you blurt out, Irrelevant, incompetent, and immaterial. Objection sustained. Of course, you probably won t do that twice. Or a friend will be telling you a story, and you find yourself cross-examining, probing for details. Are you sure you heard her? Don t tell me what you think she said; tell me her exact words. Before long, you ll find you have a lot more time to yourself. You must use your law school training wisely, but one way or the other, it will change your life. I don t say to you look left and right, one of you will soon be gone because I doubt it s true of you. Many of you already have jobs and commitments, and
3 Remarks Chief Justice Hecht UNT Dallas College of Law Convocation Page 3 in UNT Dallas College of Law, you now have a shot at a dream you thought was gone. For others, a legal education was never within financial reach, and now it is. The College of Law has a great Dean in Judge Royal Furgeson. He is so energetically and positively committed to the rule of law and its vitality, I have often heard him referred to in judicial groups as a national treasure. Associate Dean Ellen Pryor is a nationally known scholar. A tremendous faculty has been assembled. As you have heard this afternoon, you have the support of the City and County, of the entire community. Everything is here for you to reach your dream. And the legal profession needs you. Yes, I know, some 95,000 lawyers are licensed to practice in Texas something like 1 for every 285 residents. That s a lot. More than twice the number of doctors. And yes, I also know as well as you do that the lawyer job market is tight and has been for several years. Law firms have cut back on new hires, responding to hard times. And those who make it must crank out more billable hours than ever before. Law graduates have watched prospects dim, and law school applications have declined. And while all this gloom has been brightening a little the past year, it still hangs over those entering the profession to which you aspire. Nevertheless, the legal profession needs you. I doubt whether any society has ever needed lawyers more than today s. Never has what has come to be called the justice gap the gulf between those who desperately need legal services, and those who can provide them never has the justice gap been wider. Across the country, in bar associations and law schools, the leaders of our profession are concerned that there is more legal work to be done for many clients, life-changing legal work than there are lawyers to do it. But here s the catch: legal services must be more affordable. Nearly six million Texans living in poverty qualify for free legal aid, and ten percent of them need it: veterans applying for the benefits we promised them when they volunteered to risk their lives for our security, and struggling with family issues and employment. Steve separated from the service with health issues, went through divorce, lost his job, fell behind in his child support, which cost him his driver s license, and had moved into a homeless shelter when he went to a legal aid office. His lawyer negotiated reasonable child support payments, got his driver s license back, and helped him get a job and an apartment. Now he s back on his feet, a supervisor at work, and sharing custody of his daughter. True story. Steve s a real person. But
4 Remarks Chief Justice Hecht UNT Dallas College of Law Convocation Page 4 he s also typical. There are lots of Steves. And lots of elderly, facing the loss of their homes, and people who would shamelessly prey on them; lots of women victims of domestic violence; lots of children with health and education issues. Legal aid lawyers help, but with limited resources, they can help only one in five who need it. Even those with moderate incomes, good incomes, small businesses, growing concerns, feel they cannot afford a lawyer s help with their problems. More than twothirds of the husbands and wives in family court try to represent themselves. In ordinary, non-family, civil cases, more than one-third of the parties are pro se representing themselves. It is even truer today than when Abraham Lincoln first said it: He who represents himself has a fool for a client. But many people and small businesses still feel that legal services are simply too expensive, and they have no choice. Great, you say, just great. Lots of work and no pay. But there are ways to make legal services more affordable without depriving lawyers of reasonable rewards of practice. Technological advances have improved efficiencies, allowing more to be done in less time. Handling multiple cases or transactions together can allow clients to, in effect, share the costs, bringing the cost of legal services within reach. Limited scope representation unbundling legal services allows lawyers and clients to agree that specific services will be performed for specific fees, with further services to be negotiated. Also, lawmakers are coming to recognize that increased public funding for legal representation of the poor benefits not only the poor but the public. I forgot one thing about Steve, the fellow I mentioned earlier: he s now a taxpayer. Senator West has been a leader in efforts to ensure access to justice for all. These are but a few of the innovations in the practice of law. The legal profession needs you not only to represent those who need legal services, but to create new, better, more efficient, and more economical ways of doing so without impairing the quality of justice, just as this law school is trying to create more economical approaches to a legal education without detracting from its quality. The profession needs you to help in a word change. But lawyers are stare decisis people. We honor precedent. The stability of the rule of law is one of its great virtues, and that should not change. But our approach to the practice of law has changed, and change is necessary to close the justice gap. Cynics are predicting that lawyers will resist change and the justice gap will widen. The profession needs you to prove them wrong.
5 Remarks Chief Justice Hecht UNT Dallas College of Law Convocation Page 5 What I will say to you is this: Look to your left. Look to your right. All three of you are making history. We have every hope that what happens here can begin to narrow the justice gap and change our profession for the better. The law is not merely an occupation; it is a profession. For centuries, lawyers have pledged themselves to the virtues of our profession, and I will call upon you to do that with me today. I am going to recite the Professionalism Pledge the school has adopted. Please stand as I do, and when I am finished, if these words are your pledge, please say, I so pledge. As I commence my legal education at the UNT Dallas College of Law, I PLEDGE to conduct myself in a manner that contributes to the development of an institution of excellence and that reflects the goals and values of the legal profession. I PLEDGE that as a student, I will be diligent, determined, and dedicated to the pursuit of knowledge and skills necessary to enable me to represent clients, competently and effectively. I FURTHER PLEDGE that as a member of the UNT Dallas College of Law community, I will abide by all rules and regulations of the law school and its Academic Honor Code; that I will treat all persons associated with the College of Law with respect, dignity, and civility; and that I will conduct myself in all activities of the College of Law with honesty, integrity, and reliability. I FURTHER PLEDGE that, as a future member of the bar, I will work to promote the ideals and professionalism of the practice of law, the betterment of the profession and society, and access and fairness in the administration of justice. I MAKE THESE PLEDGES today and commit myself to these goals so that they will be the foundation of my career as a student, a lawyer, and as a professional. Ladies and Gentlemen of the Inaugural Entering Class: On behalf of the Texas legal system and my colleagues on the Supreme Court, I welcome you to UNT Dallas College of Law. The school s webpage promises you are ready to learn, willing to work, and able to serve. May all that be true. I wish you every success. God bless you.
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