COLUMN
BY HUNTER M. ABELL
As you may know, I hope to focus this year on building the public’s trust and confidence in our Washington legal profession and the bench. This effort unfolds as part of a year-long theme entitled “For the People,” a reference to Lincoln’s Gettysburg Address. Part of this effort entails direct interactions with the public regarding rule of law, the role of the Bar and the bench, and the various roles lawyers play in making America a more free, just, and prosperous nation in which to live.
Previously, I wrote about the role of lawyers as heroes and lawyers at low points in their personal or professional lives. This month, I want to write about a role that is frequently overlooked but vital to the success of our profession: servant.11 I am not the first to notice the similarities between a servant and a licensed legal professional. See, e.g., David Luban, “Stevens’s Professionalism and Ours,” 38 William & Mary L. Rev. 297 (1996) (analyzing legal professionalism through the lens of Kazuo Ishiguro’s novel The Remains of the Day), available at https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1666&context=wmlr.
When I mention “servant,” you may think of Mr. Carson from Downton Abbey, Jeeves from the P.G. Wodehouse novels, or Alfred from Batman. In drafting this article, I was reminded of the New Testament parable of the faithful servant.
All are great examples of servants. In my opinion, however, one of the greatest examples of a servant is Samwise Gamgee from The Lord of the Rings trilogy by J.R.R. Tolkien.22 A disclaimer: I am not an expert on The Lord of the Rings, by any means. For those of you who are, please do not take what I write and march on the WSBA headquarters like an army of orcs. As Tolkien fans know, the trilogy is an epic of good and evil, friendship, loyalty, and sacrifice. The story’s ostensible hero is Frodo Baggins, a hobbit on a quest to throw an evil ring into the fires of Mount Doom. A very real argument may be made, however, that the true hero of the story is Frodo’s devoted gardener and servant, Samwise Gamgee. Indeed, Tolkien himself later argued that Samwise is the “chief hero” of the tale.33 J.R.R. Tolkien, Letter 131 to Milton Waldman, 1951, available at https://drive.google.com/file/d/1mE0IkYFu_Dvzw_KzJ4NNPbitTCLb1twe/view.
Over the course of a harrowing journey, Samwise serves and protects Frodo with wisdom and courage, often at great personal cost. Samwise even continues to serve after Frodo spurns his assistance. In an iconic moment at the end of the journey, when an emotionally and physically spent Frodo is unable to ascend the final steps into Mount Doom, Samwise cries out: “Come, Mr. Frodo! I can’t carry it for you, but I can carry you and it as well.”44 J.R.R. Tolkien, The Return of the King (Houghton Mifflin Co, 1983), 919. Samwise picks up his master and carries him the final feet, thereby allowing Frodo to complete his quest.
When considering the role of an attorney, you may not immediately think of Samwise Gamgee at Mount Doom. You may not think of Jeeves, Alfred, or Mr. Carson either. But hear me out.
Servants play a variety of roles. They are expected to serve the interests of their employer. They use and exercise wisdom when carrying out their duties. They physically serve. They must be loyal and earn the trust of their employer.
Sound familiar? Like servants, attorneys must be relentlessly dedicated to the interests of their client. They must possess and exercise wisdom. They must pay careful attention to their client’s desires and guide them toward that end. These various roles are examined in the Preamble to the Washington Rules of Professional Conduct.
Attorneys must also physically serve. I doubt any of you are polishing silver for your clients, like Mr. Carson, or dusting the Batmobile, like Alfred. But I know many of you are working nights and weekends to advance your clients’ interests. Many of you do so because you know there is one more ounce of effort you can expend and, like Samwise at Mount Doom, you may be carrying your client across the finish line of an exhausting piece of litigation or transaction.
Finally, attorneys must also keep their clients’ confidences. Clients tell their attorneys things they may only otherwise tell a priest or a counselor. Sometimes, an attorney is the only person in the world a client is comfortable speaking to about a sensitive issue. It is an awesome privilege and responsibility.
Legal professionals may take inspiration from servants. The very best attorneys have the loyalty of a Carson, the wisdom of a Jeeves, and the discretion of an Alfred. Moreover, they must be willing to accompany clients on treacherous journeys filled with danger and adventure. The next time you are engaged in difficult trial prep or discovery dispute, cry “Come, Mr. Frodo!” take inspiration from Samwise Gamgee, and commit yourself to serving with renewed strength and courage.
NOTE: The views expressed are those of the author and do not reflect the official policy or position of the U.S. Navy or the Department of Defense.
About the author
Hunter Abell is a civil practitioner with the Spokane office of Williams Kastner. He can be reached at:
NOTES
1. I am not the first to notice the similarities between a servant and a licensed legal professional. See, e.g., David Luban, “Stevens’s Professionalism and Ours,” 38 William & Mary L. Rev. 297 (1996) (analyzing legal professionalism through the lens of Kazuo Ishiguro’s novel The Remains of the Day), available at https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1666&context=wmlr.
2. A disclaimer: I am not an expert on The Lord of the Rings, by any means. For those of you who are, please do not take what I write and march on the WSBA headquarters like an army of orcs.
3. J.R.R. Tolkien, Letter 131 to Milton Waldman, 1951, available at https://drive.google.com/file/d/1mE0IkYFu_Dvzw_KzJ4NNPbitTCLb1twe/view.
4. J.R.R. Tolkien, The Return of the King (Houghton Mifflin Co, 1983), 919.