THE BETRAYED PROFESSION:
LAWYERING AT THE ESD OF THE TWENTIETH CESTLRY'
REVIEWED BY MAJOR MARITZA S RYAN**
ness" Although military lawyers may seem immune to many of the ills of cirilian practice about which the author writes. our perceived value as judge advocates-the ability to both offer independent counsel and effectively advocate credible points of vielr-neverthe-less IS affected by a greater legal environment that like it or not. reflects on our own professional standing This alone makes the book a valuable investment of time and thought for judge ad% ocates
Mr. Linowitz possesses a diverse and impressive resume, having graduated from Corneli Law School in 1938 and practiced both inprivate firms as well as m the United States government. The sheer length of his practice-over fifty years-&wes him a unique vantage point from which to observe the development--or m some ways. the declme-of the practice of law. His book 1s replete with the names of great legal minds, successful entrepreneurs, and government leaders with whom he has worked throughout his long career. He read for Eiihu Root. helped founder Joseph C. Wilson begin the Xerox Corporation, and sewed as a peace negotiator and international emissary under President Carter Although he admits that the "good aid days" had their negative arpects (for example, the oren bigatw that kept him and other Jewish law school graduates out of the mqor law firms despite top academic credentials), Yr. Linawitz frequently waxes nostalac as he recalls his early days of practice often painting them in hazy, sepia tones Despite this tendency, It would be a mistake to dismiss his cOmmentS as the sad iangings of an old-timer for days gone by Instead. his perspectives carq special relevance, Coming as they do from a lawyer who observed first.hand the births of corporate lam "mega-firms," pervaswe government regulation and bureaucracy. and the marketing of legal specialties
Mr. Linowitz first tackles the issue of "Lawyering in the 20th Century" by examining today's problems from a historical context. In Yr. Linowitz's recollection, the society in which he began his practice held lawyers in high regard and rewarded them accordingly, not just fmancially, but in social standing within their communities Today, the public's attitude toward lawyers seems one of heightened cynic~sm and distrust, as reflected in a number of public opinion palls rating lawyers just below used car saiesmen in integrity (no offense intended to used car saiesmenl). A recent poll conducted by the A d c a n Bar Association Journal showed that, after ail the news coverage of the 0.J Simpson case, twenty-five percent of survey participants had even "less respect for lawyers in general."z Of course, the reverse IS that, as Mr Linowitz notes. lawyers today constitute "an unhappy profession ' I Of all the occupations surveyed
by Johns Hopkins researchers in 1991, lawyers were the most
ZDon J DeBenedicbr. nie.\'ationol Verdict. A B A 3 , Ocf 1994 at 53
"depressed."3 A recent article in Working Woman magazine reported that, in 1967, ninety-four percent of women lawyers would have chosen law as a career if they had it to do over again Among the lawyers surveyed in 1993, the number expressing satisfaction with their careers had fallen to only fifty-four percent.4
What 1s the cause of all this unhappiness and fmstration? Why has the legal profession dropped so precipitously in both public esteem as well as self-esteem? This book has one answer: money, or, more accurately, the unprincipled pursuit of it. Interestingly, Mr. Linowitz traces the beginnings of what he considers an untoward concern with profit to the increased federal regulation brought on by the New Deal. Businesses, particularly the multistate corporations then just beginning to organize, pew to depend on the technical knowledge of lawyerlspeciaiists just to comply with the intricate government regulations concerning antitrust, pnce fmng, and the like. Perhaps more importantly, erring coqmatmns faced criminal as well as civil sanctions in prosecutions mounted by an opponent with almost unhmited litigation resources-the United States government. Thus, according to Linowitz, began the spread of the "scorched earth'' style of litigation from the criminal to the carpo-rate practice of law.
Next came the rise of the in-house coumei and the concurrent demise in the independence of these lawyers. Other attorneys also came to abandon their own professional autonomy in favor of the approach that "the 'client' is always right Somewhere along the line, Elihu Root's sage advice that, although a course of action was legal, it should not be taken because it was "a rotten thing to do," fell into disuse. Megafirms needing huge profits to support themselves soon turned to the "marketing" of iegai services to as many customers who could afford them, rather than choosing clients on the merits of their cases. As for new associates, Linowitz writes that the big firms "lure" them in, but "don't tell them that they're going to be giving up B decent way of life." "They are $0 busy racking up the [billable] hours, it becomes an obsession, not a life." The almighty bottom line, not the provision of good legal counsel, is the force driving legd practice today. Meanwhile, those attorneys in private practice easily earn many times more than the judges before whom they argue; private firm buildings and facilities outshine the run-down public courtrooms, and government prosecutors are underpaid and impossibly overloaded with cases. Finally, those "customers" unable to afford the fees are shut out of the legal system altogether.
Lest his book painr too ~ ~ S S ~ I I S I ~ C
a picture of th? crirrent state of the profession m this countLJ- \Ir Linoairz offers a number of solutions He devores a chapter each to what the law schools. bar associations, judges. lavers. and society can do to place the proffssian back on its pedestal .Among \lr Lmoiwrz's suggestions. law schools should seek broad liberal arts backgrounds m prospectlie candidates devote considerabl) more time to teaching ethics. and fund more legal clinics so that future lan~ers can lemi hau to sene real live clients
Bar associanons should establish specialized ethics codes tailored to specialized areas of lau be more detemuned m policing themsehes. and require pro bono semcee of dl Their members
Judges should rake more acrire roles m their courtrooms Insisting on cmlity and professionalism and not hesiiating to sanction unethical or over-aggressire piactitioners of " ~ a r b) other means ''
Lawyers should consider newer, more reali~lic (not to mention. humane) billing practices m lieu of the billable hours method seek arb)-tram" or con~iliation uhere practicable. and simply learn to "just say no' to overly demanding clients as well as or& demanding schedule5
Last, but not least soc~ery must come to realize the centrality of law to the .hencan experience. and why our legal system, flawed though it may be, remarns the env). of the w~rltl A look ai r l i ~ shacking
laivlessness nou rampant m the former Sonet Union. Rwanda and Somalia bears this out Education m legal histor) and plnlosoph) should stan early and continue iegularly throughour the elementan and high school gears. A better-educared atizenq. argues blr Linowirz might be more hkel) to spend more on a coun system badly m need of renoiation. mamtenance. and eupanaon (the current budget takes up only 6% of all government expenditures in the United Srates)
have ranged from rhose uho found The be '"valuable and c~mplex."~
IO others who o sentimental and too simplistic to make Yet all hare agreed thar the subjecr 15 one nation As MI Linoairr himself adnntted. "I cenanl) don't claim [o hale all the ansueis. but I do belieie I am raismg a number of the right tpestmns '' To rhe extent that this book has reignited a \igoraus debate as to the future direction of lau as a profession, Sol hl Linowitz has already performed a great public semce And rhar, as the) sag, 15 no Joking mattPr
SJonathan Graner Lax' in the Dach. a reriew of 7'he Betrayed Profemmn Louuen~at~hrEnd~~/lhr~mhrlhCenturu
21. 1994 atX 4
aJonathan Kirsch h u e fhePracttce. Allo,'y the ConiemporaruPractiltone7 B review of The Betrayed Pmf~sian Lau,uenng 01 the End 01 the nilrnlieth Cmflcry. L A naEa JUIY~O,
1094 a r ~
THE BATTLE OF OKINAWA AND THE ATOMIC BOMB*
BY CAPrAlN SHAYKOY A. SHY*'
The Okinau'an campaign and Japanese defensive efJort were many times larger and move deadlg [than 1w.a Jima]. Infact, what took place on and around the island in the spring of 1945 %as the greatest land, sea and at?'battle of all time. The Japanese called it a Tennozan, a decisive struggle on which, for a time, they staked awything.
Tens of thousands of American forces, mostly Marines, currently live and train on the small Japanese island of Okinawa. Undoubtedly all of these forces know that the United States fought the Japanese an Okinawa during World War 11. However, having lived and trained there myself, I believe that many, if not most of these forces, are unaware of the bravery, the savagery and the meat human tragedy that occurred on Okinawan soil in 1946. Additionally, these forces most hkely are unaware of the battle's significance in the decision to use the atomic bomb.
Best.selling author George Feifer would find The American forces' lack of knowledge about what occurred an Okinawa puzzling, yet historically reflective of American society. In Tennozan, Feifer fills the information void concerning this ferocious battle and its consequences Tenmzan is descriptive, compellmg, and mtense. The book offers much more than a historical perspective. Feifer gives the reader an intimate view of war through the eyes of some of those who experienced it, including Marines, Japanese soldien, and Okinawans.
Although Wnnozan is largely a tribute to many of our Okinawan veterans...