President's Corner > Lawyers as Guardians - Washington State Bar News

COLUMN

BY HUNTER M. ABELL

On Dec. 20, 2019, with a stroke of the presidential pen, the sixth military branch of the U.S. Department of Defense was officially launched: the U.S. Space Force. With this action came a battle about what members of the Space Force should be called. That question was answered roughly one year later when it was announced that, in addition to Soldiers, Sailors, Airmen, Marines, and Coast Guardsmen, the United States would also be defended by Space Force “Guardians.”

The name is apt. The title of “Guardians” traces back to the original command motto of Air Force Space Command in 1983, “Guardians of the High Frontier.”¹ Moreover, it is appropriate for a military branch charged with guarding America’s national security interests in space. Today, there are approximately 9,000 Guardians in uniform, honoring and carrying out the Space Force’s equally new motto: “Semper Supra” (Always Above).

While Guardians reach to the heavens, members of our Washington legal profession work diligently on more earthly concerns. Those of us working on boundary line disputes, parenting plan revisions, or defending misdemeanors may not immediately think of ourselves as Guardians. Indeed, to the extent we think of “Guardians” at all, I suspect most of us think in terms of guardians ad litem performing invaluable work in our superior courts. Nevertheless, we bear notable professional similarities to the Guardians of the Space Force.

While Guardians are charged with defending America’s national security interests in space, legal professionals are charged with defending certain principles and concepts in our chosen professional domain. What do attorneys guard?

A great deal.

Attorneys are guardians of the rule of law, dedicated to upholding the U.S. Constitution and Washington State Constitution. Moreover, as inheritors of a rich common law tradition, attorneys are guardians of the jury system, independence of the judiciary, and other tools to protect individual rights.

Attorneys are also guardians of truth. As we proceed further into an era of systemic disinformation and deep fakes, attorneys serve as a vital tether to objective truth. That is plainly true in our professional obligations. Our obligation of candor to the tribunal is memorialized in Rule of Professional Conduct 3.3. Moreover, we have an obligation to be a “straight shooter” when interacting with our client and opposing counsel. This obligation is memorialized in the Creed of Professionalism, which reminds us that “[i]n my dealings with lawyers, parties, witnesses, members of the bench, and court staff, I will be civil and courteous and guided by fundamental tenets of integrity and fairness.”²In an era of increasing distrust in America’s institutions, attorneys play a vital role of being the professional truth teller.

Attorneys are also fierce guardians of our client’s rights, privileges, and confidences. Last month, I wrote about the concept of attorneys as servants, and how serving entails earning and keeping the trust of your client. When we do so, and advocate effectively on their behalf, we build the public’s trust and confidence in our entire legal system.

As outlined above, attorneys and legal professionals bear striking resemblances to the Guardians of the Space Force. While there are approximately 9,000 Guardians in uniform, there are over 40,000 Washington legal professionals (wearing everything from suits to sweatpants) who are fiercely dedicated to guarding freedom, objective truth, and their client’s rights. This is the professional “high frontier” we have the privilege to guard. Semper Supra.

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.