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EmmaShumwaySecondEssay 4 - 07 May 2021 - Main.EmmaShumway
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> | Draft 2: Courageous Lawyering
An Introduction
Despite the enduring societal value placed in courage, it is difficult to pinpoint an exact definition for this elusive trait. Is courage something that humans can make a conscious decision to work towards attaining? Is it a reflexive shift in personality state over which we have no control? Is it possible to measure our capacity for courage without being thrust into a life-or-death situation? Is it possible to live everyday life as a deliberately courageous person? Our generation is facing a number of unfathomable challenges that require courageous leaders, and lawyers have the knowledge and stature to be such leaders. So how can we become courageous lawyers?
Personal Courage
I wouldn’t consider myself a courageous person. I’m grateful to have never been faced with a situation that required true courage. However, if I scour my memory I can identify a few glimmers of courage, or perhaps the less coveted “bravery.” I remember taking the soccer field as a ten year-old, just moments after learning that my puppy had died of a heart-attack during a routine procedure. When there was an armed man on my middle school campus, I handed out scissors while my classmates sobbed in the closet (not that scissors would have been very effective...) More recently, I made the decision to stand up to my emotionally abusive coach to protect my teammates despite the risk that it would be the end of my playing time (it was). I eventually pushed back against the casual misogynistic comments of my boyfriend’s football teammates in college. I moved across the country to work for an environmental nonprofit after graduation, knowing no one on the west coast. I never have to think twice when I see an animal in danger-- I know I have to act.
Defining Courage
While I overcame some level of personal adversity in these moments, I wouldn’t describe them as moments of genuine courage. This may be because the idea of courage conjures images of tireless civil rights activists putting their actual lives on the line. I envision people living life with terminal illnesses and refusing to give up hope. I think of my peers who grew up in poverty and beat the odds to be here beside me at Columbia. It is difficult not to minimize my own bravery when I am aware of this invisible shield of privilege protecting me at all times. While moot court was a terrifying experience for me, and I am proud of overcoming my fears, it was a sacrifice made for my own personal growth which hardly feels courageous. The Webster dictionary defines courage as the “mental or moral strength to venture, persevere, and withstand danger, fear, or difficulty.” I suppose that my experiences could be deemed courageous using this definition. However, this definition appears to conflate courage with bravery or confidence. While they are overlapping concepts, the philosophical distinction can be found in Aristotle’s take on courage: “the courageous man withstands and fears those things which it is necessary [to fear and withstand] and on account of the right reason, and how and when it is necessary [to fear or withstand] them, and likewise in the case of being bold.” This description illuminates a unique component of courage; not only must it involve overcoming a fear, but it must be the right fear, addressed at the right time, using the right means to do so. I don’t see public speaking as the “right” fear.
Courageous Lawyering
So what does courage look like for me, a privileged white student at Columbia Law? It seems impossible to measure up to the greats, like RBG and Thurgood Marshall. But to my knowledge, William Kunstler didn’t make a name for himself until the moment to do so arrived in the form of the Chicago 7 trial. Maybe courage for the modern lawyer is a bit less glamorous. It might be persistently fighting for a worthy cause and putting in the hours and sweat for a modest salary and incremental improvements until a moment requiring true courage presents itself and then making the decision to fight, rather than run. I’m reminded of the small-town lawyer who is responsible for the Massachusetts v. EPA victory. He was dismissed for years by the Big Greens but kept fighting because of the future he wanted for his daughter. He didn’t have the resources or prestige-- the entire legal theory of that case was the result of pure work ethic. Even less glamorous than struggling for a worthy cause, maybe courage could be as simple as accepting the social consequences that come from not participating in big law culture with grace, and in tuning out the warnings of my classmates about “livable incomes,” taking the risk that they are right. It could mean speaking up when a hot-shot professor demeans my classmate or at least letting them know I am there for them after class. It could even be as inconsequential as refusing to compromise on my personal fashion style to make male colleagues feel more comfortable or bringing up politics in conversation with peers when it feels awkward to do so.
A Conclusion
Even as I list off these examples, I don’t believe that they truly embody courage. This indicates that the key to being a courageous lawyer may be lowering my standards. I will never be Thurgood Marshall and I should be grateful that it is unlikely that my physical safety will be at risk in this profession. I shouldn’t discount the fact that I am going against the tide in not prioritizing money and pursuing a career dedicated to a problem that almost certainly will not be solved in my lifetime. These decisions are not without sacrifices and because I never really questioned this path, I tend to forget that. Moving forward, I will attempt to internalize this final message: making a deliberate effort to be a courageous lawyer is enough, at least for now. | | |
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