By: Justin Ferguson
As we complete this finals period it became apparent to me that there was one thing missing in all my proctored exams. You write for three hours (four if you are unlucky) find issues, identify forks, apply facts but at some level one has to ask, what is the point. This is not, or is not only, a student a bit exhausted, a lot tired after taking these exams. The thing is that issue spotting exams are supposedly how we are trained to be lawyers. Yet, in this training, there is a missing element, a prong not examined, not tested, in these exams. That missing element in these exams is any sense of morality. In the hypos we analyze we never analyze an issue and confront the fork of whether or not the issue is right or wrong, if it is moral. Remarkably, this is even the case in Professional Responsibly, the course that purports to teach us how to be ethical lawyers (at least it’s not called, Legal Ethics, an arguable oxymoron in itself). Here, we are expected to analyze facts as to whether there is a conflict of interest, whether there is an issue of confidentiality? However, we are not asked to inquire as to whether the matter is moral, is the conflict actually evidence that what the lawyer does is morally questionable, whether keeping information secret is actually a disservice to justice.
The problem here is not just that these issue spotting exams miss any notion of what is moral, of incorporating what would be spiritual. The real problem is that this is how we are trained as lawyers, taught to only look at a certain kind of issue ignoring the effect on our souls. Further, this is not only our training but it is how we are ultimately evaluated. Those who can best spot the issue in these exams which are nothing more than three hours of tip, tap, type, type regardless of whether what we write makes sense and definitely regardless of it is moral receive the “ideal” jobs. Naturally, these jobs are equally lacking in spiritual wealth despite the 160K in monetary wealth. It is no wonder that lawyers often become miserable people with nice things. It is no wonder that they tend to be hated by “normal” people. Happy finals!!!
