February 2001

Address to the Federal Bar Association

by The Honorable Robert J. Bryan
Guest Columnist

At the marking of nearly 42 years as a lawyer and nearly 32 years as a judge, I want to take this opportunity to share some thoughts with you about being a lawyer.

I grew up with lawyers. My dad, my grandfather and an uncle were all lawyers in Bremerton. They spent their lives helping others — helping to solve family problems, dealing with the problems of death, helping people who found themselves in trouble with the law, helping with property and business transactions, and advising businesses to direct them toward success. They also spent time in court trying cases of all kinds that did not lend themselves to settlement. I learned from them that lawyers are problem solvers, using the law and common sense to resolve disputes, both in court and out.

The lawyers in my family helped our government to run. They served as prosecutors, city attorneys, legislators and judges. They were always involved in community affairs and politics. Pro bono work was always part of their practices. They held the respect of their fellow citizens. I now know that they were typical lawyers in the way they led their lives.

From an early age, I wanted to be like the lawyers in my family, and I never wavered from that desire. In 1959 I reached that goal, and I've been proud to be a lawyer these 41 years since.

I learned a great deal from my father. He said that a lawyer is one skilled in the law, while an attorney is one who represents another. In that sense, a judge may stop being an attorney, but hopefully, never stops being a lawyer.

I learned that judges are lawyers practicing in a specific area of law — judicial dispute resolution — and that while judges hold a special place in our legal system, that doesn't make them better or smarter than the lawyers who present issues in court. Dad said that judges and attorneys are partners as lawyers in the search of justice.

I also learned that the practice of law is a profession, not just a business, and that the hallmark of a profession is that service to clients comes first. Dad said the clients come first, ahead of profit.

Our profession has always been under some attack — usually from those who are ignorant of what we do and how we do it — but some attacks come from within our profession as well as from the outside. In a January 2000 article in Bar News, an author made the statement that "the defining feature of the legal profession today is obsession with money." I strenuously disagree. Certainly, a few lawyers put money over their clients' interests, but they are darn few. To them I say they are in the wrong work, and should find a way outside of the practice of law to engage in a business where they can seek profit without trying to disguise themselves as professionals.

The December 2000 issue of Bar News more accurately speaks of the legal profession. It has article after article trumpeting successes of our profession and urging all of us to be better and even more professional lawyers. In that issue, Bill Bailey complimented Glenn Phillips of Woodinville for the way he conducted himself as opposing counsel in a case. WSBA President Jan Eric Peterson exhibited his pride in our profession in his column. WSBA Executive Director Jan Michels wrote of liberty and justice for all through the rule of law, and wrote of improving access to justice for all of our citizens.

In the same issue of Bar News, Disciplinary Board citizen member Kimberly Goetz wrote of the professional attitude of the lawyer members of that board, and David Hall reminded us that we "are not just lawyers, but moral leaders," and "not just judges of cases, but healers of people." He urged us to continue to chase the dream of justice and equality for all. WSBA Chief Disciplinary Counsel Barrie Althoff reminded us that "one of the greatest pleasures in practicing law is helping a client know justice, especially where the lawyer does so without any compensation." And Barrie told us of pro bono activities ongoing throughout the state.

In that issue was also the good news of new members of our profession who passed the bar exam, and the bad news of members disciplined because they did not meet the high standards of our profession. The December issue of Bar News reaffirmed my pride in being a lawyer.

Also reaffirming my pride are the recent events surrounding the presidential election. When we as a people have a problem, where do we turn if it is a problem not easy of solution? We turn to lawyers, and the lawyers turn to courts, and the public accepts the decisions made. That is as it should be in a free country.

I received a letter from Bill Bender yesterday. He served as a mediator in a prisoner case — without fee — and reported that the case was pursued by pro bono counsel and the University of Washington Law School Clinic "with complete dedication and in the highest tradition of the bar." Bill said the assistant attorney general also approached the case "with the dedication and imagination necessary to craft a just settlement."

My pride in our profession is reaffirmed daily as highly skilled and professional lawyers submit work to my court and appear in my court. The daily court wars are fought honestly and professionally for the benefit of the clients. The clients — winners and losers alike — learn to know justice.

These are not unusual examples of the work lawyers do. Most work to solve problems in the most just, speedy and inexpensive way available. Most lawyers contribute time and money to better our profession, our communities and our nation. Most lawyers understand that their daily work is part of the fabric of American freedom, and that they are the guardians of freedom and of the rights of Americans.

As the world becomes smaller and more complex, the need for lawyers will grow. Individuals will continue to need our help, as will businesses and governments and our nation. We lawyers will meet the challenges of the future. I am so proud to be a lawyer.

A final comment: old federal judges are like old soldiers. They never die, but just fade away. I'm here to tell you that although I've reached senior status, I'm not ready to start fading yet. Being a lawyer is too much fun to stop.

Thank you, members of the bar, for the daily work you do serving your clients, and thank you for making our world better by the work you do as lawyers.

The Honorable Robert J. Bryan is a judge on the U.S. District Court for the Western District of Washington.

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