Judge John Kane Counsels New Lawyers At Swearing-in Ceremony

LAW WEEK COLORADO

DENVER — As the state welcomed its newest lawyers, Colorado’s longest-serving federal judge advised them how to have long and fruitful careers. Senior U.S. District Judge John Kane gave the keynote address Tuesday to the 175 bar-exam passers admitted to the practice of law at a swearing-in ceremony at Boettcher Concert Hall.

Chief Justice Michael Bender took the stage to administer the oath of admission to the audience of new lawyers, most of whom passed the February Colorado bar exam. The rest of the Colorado Supreme Court, minus Justice Gregory Hobbs, took seats on-stage, while among the oath-takers were joined in the crowd by 400 family members, well-wishers, and a host of judges and legal dignitaries.

Kane addressed the new lawyers just before they took the oath. His message: a free and just society can’t exist without their constant commitment to justice in every circumstance. Lawyers who lack that commitment not only hurt the legal system, they put themselves at risk of “burn out.”

Many lawyers become steeped in the belief that justice is irrelevant and present even morally based decisions as if they were products of a mechanical and value-neutral process over which they have no control. They are known to say to clients, “I don’t know whether you should say this or that. My job is to tell you what the law says and leave the right or wrong decisions up to you.” Some judges slink off the bench saying, “Right or wrong, this is the law.” My suggestion is that if you presently find yourself accepting that position, move on to another line of work now before it is too late, and if you haven’t accepted that position, don’t go there or you will find yourself condemned to a life of mediocrity.

Other lawyers have worked very hard for years and then quit with what is commonly called “burn-out.” To them, the profession of law no longer seems worth the effort of carrying such great weight of responsibility. Still others, however, practice into their dotage, eager and passionate for the next case, the new client, the latest development or project. I suggest to you that “burn-out” comes to those who limit themselves to the logic and mechanical application of the law and legal principles, mere functionaries moving widgets across the table. They burn out because they fail to visualize the law’s purpose, which is to achieve justice and they practice law as if it has no justice function. The lawyers who leave the profession, who burn out, do so because they find themselves on a value-free treadmill, involved in one flavorless dispute after another until the activity itself becomes pointless.

Read the full text of Kane’s speech:
Judge John Kane’s Speech, 5-24-11

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