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HEED ADAMS'S SPIRIT

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stephen_younger_nysba_president_photo_nyreblog_com_.jpgDear Lucas:

Yeserday I was privileged to celebrate Law Day at the New York Court of Appeals. In my remarks, I challenged all New York lawyers to adapt to and embrace the changes that are sweeping through our profession.

On hand for the event celebrating the legacy of John Adams were Chief Judge Jonathan Lippman, Lt. Governor Robert Duffy and the esteemed judges from the state Court of Appeals.

My speech focused primarily on John Adams' lasting contribution and on the Report of the Task Force on the Legal Profession. Here are some highlights.

Today, we honor the ideal of justice for all Americans, no matter their means or the popularity of their cause.

John Adams was also a champion of access to justice.  Adams believed that, in a free country, a lawyer "ought to be the very last thing that an accused person should" go wanting for.

Reflecting these beliefs, Adams represented British soldiers who were accused in the Boston Massacre, despite how unpopular their cause was at the time.

It was Adams who famously said, "If we do not lay out ourselves in the service of mankind, whom should we serve?"

Justice for all -- even the poor and unpopular -- is a hallmark of Law Day. And it is even more important in these difficult times when the poor have been hit so hard by the fiscal crisis.

In preparing to speak to you today, I thought about how dramatically the practice of law has changed since Adams' day.  For example, in Adams' day, a lawyer could take time to think out a legal problem and study the issue in a law library before advising the client.

However, today's clients want instantaneous answers emailed to their hand-held devices within minutes.  Just imagine how much less of Adams' brilliance would have been left for history if he had been required to devote most of his day to answering emails.

In 1816, Adams wrote to his son and urged him to "let the human mind loose."

With that spirit of innovation, I created the Task Force on the Future of the Profession to take stock of the changing practice of law.  Let me highlight some of the task force's main recommendations.

Training new lawyers:

Today, many graduating law students have never interviewed a client and have never drafted a contract. In contrast, in Adams' day, new lawyers apprenticed under an experienced lawyer until they acquired the skills they needed to practice on their own.

Our task force has recommended that new lawyers receive more skills-based training.  It also highlighted the need for more mentoring of new lawyers.

Work-life balance:

More and more attorneys are seeking flexibility and predictability in their personal and professional lives.  Legal employers should consider policies that encourage flexible work arrangements and promote a healthy workplace.

Not only is it the right thing to do--it makes good economic sense. Law firms that commit to healthier work-life balance for their lawyers will achieve better client relationships and will reduce the cost associated with employee turnover.

Law firm structure:

In order to stay competitive, law firms need to examine their structures--particularly in light of the growth of outsourcing and even virtual law offices. Firms should also consider expanding their use of alternative fee arrangements which ensure that value is delivered to our clients.

Technology:

While technology is a driving force behind the changes within our profession--technology also helps us identify better solutions to legal problems. By embracing technology, lawyers can compete more effectively in the global marketplace.

The legal profession is often characterized as being incapable of quick adaptation to change. However, the lawyers who thrive in this season of rapid change will be those who heed Adams' call to "let the human mind loose."

So on this Law Day, I call on all lawyers to heed Adams' spirit and adapt to the changes that are sweeping through our profession.

Best regards,

Stephen P. Younger
President, New York State Bar Association
Patterson Belknap Webb & Tyler LLP

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