Lawyers must lead in efforts to preserve accessible, equitable and transparent rule-of-law system
Michael E. Flowers. (Photo courtesy of Steptoe & Johnson)
As a nation, we have made the decision to be governed by the rule of law. This means that as a society, we have agreed to abide by a set of transparent, fairly enacted and fairly applied laws and rules that will govern our conduct in our private and public affairs.
The management and execution of this rule-of-law framework has been entrusted to the legal profession. It is the process of lawyers working with clients that allow us to maintain confidence in and support for our rule-of-law system.
Lawyers are often present and consulted at a time when we are making some of the most significant decisions in our lives. From the formation of our marriages to the formation of our businesses, the rule of law is present to provide structure and predictability to our lives.
Like every other aspect of our society, lawyers are not immune to criticism. Nevertheless, lawyers are the ones who are the most uniquely positioned to help deliver the best our rule-of-law system can provide for our nation.
Therefore, now is the time for lawyers to lead in reaffirming our jointly held belief that a rule-of-law system that is fair and equitable is a worthy goal. If we have not fully achieved this goal, lawyers should be the lead architects of the improvements that we have to institute to make progress toward our desired vision around the rule of law.
Because the benefits of a truly just rule-of-law system are enjoyed by everyone, lawyers operating in every capacity have a responsibility to contribute to this mission. Therefore, lawyers in large law firms, solo/small firms, in-house corporation lawyers, government/public sector lawyers and those in academic settings all have a role in this critical undertaking to preserve and improve the just rule of law.
I encourage every lawyer to choose that activity or to take that action to promote the rule of law that best fits with your personal practice setting and personality. The options are many and include such things as working as an election poll worker, speaking to students in our schools, and submitting pieces for the editorial pages of newspapers discussing the importance of informed active citizen participation in our democratic form of government.
For me, bar associations have been integral to my efforts to advance the just rule of law. I have had the privilege of working as a member of the governing leadership of the ABA and the Ohio State Bar Association. My role as a bar leader has allowed me to help shape the policy and programs of these legal organizations aimed at preserving the rule of law and making sure that its benefits reached all segments of our society.
Further, lawyers must not fail in our duty to explain and support the role of the judiciary as the third and co-equal branch of our government. A judiciary free from and independent of the political influences that are often part of the legislative process are a vital safeguard against any improper overreach by the legislative or executive branches of our government.
The success of our rule-of-law system depends on the willingness of each of us to accept it and the outcomes that it produces. The confidence in and support for our justice system are greatly enhanced when the judges, court personnel and the practicing lawyers are representative of the increasingly diverse population of our country.
Whenever there is a breakdown in society that is linked to corrupt private or public activity, the question that is always asked is, “Where were the lawyers?” As we move through this current phase of the ongoing development of our country, let us make certain that our fellow citizens know that the lawyers are present and ready to work toward the preservation of a rule-of-law system that is accessible, equitable and transparent.
Michael E. Flowers is a member of Steptoe & Johnson, where he practices general corporate and commercial real estate law within the law firm’s business law department. He is also the firm’s director of diversity and inclusion. Flowers also is a former chair of the ABA Business Law Section, a former member of the ABA Board of Governors and a current member of ABA House of Delegates.
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