Catholic social teaching and American legal practice: a practical response.

• Author: Mone, Jennifer M.

I am honored to be asked to participate in this dialogue with such distinguished speakers. I hope to contribute to tonight's discussion by responding to Cardinal Dulles's edifying remarks from a practical perspective. (1) Both Dean Feerick and the Cardinal have illuminated us with broad remarks relating to American jurisprudence and the social teachings of the Catholic church. (2) I hope to address what some of this means to us in our daily lives as practicing attorneys.

The Cardinal began his remarks by discussing a widespread assumption in American society that religion belongs in church on Sunday, and that it should not enter into our public or professional lives. (3) But, as the Cardinal responded, the whole idea behind what we learn in church on Sunday is to gain edification for our everyday lives outside the church, to help us in our daily quest to come closer to God. (4) That is what being a Catholic is all about. It is not something you can or should turn on and off, depending on who you are with, or what you are doing.

Having said that, some of the key points of intersection between Catholic social principals and the practice of law are a bit hard to swallow as an attorney. The Cardinal commented that lawyers should strive for results that "do justice for the parties," that they "should not blindly support their client's greed for profit at the expense of other parties," and that, in negotiations, they should seek to preserve the rights of all concerned. (5)

But, in the context of litigation, is it my job to do justice for the parties? I do not believe so. It is my job to represent my client's interests, not the interests of all concerned. The judge and the law decide what is greed for profit at someone's expense, and what is simply good business. From my client's perspective, her adversary's actions are at her expense, and vice versa. In fact, I am doing my client a great injustice if I am equally concerned with preserving the rights of my client's adversary as I am in fighting for my client's rights. (6)

In fighting for her client's interests, a lawyer is serving a necessary role in our system of justice and in that way is contributing to the common good. (7) As Cardinal Dulles noted in his enlightening book, The Splendor of Faith, "[t]he Church, for its part, teaches its members to serve the common good of the secular society, to perform their civic duties[.]" (8)

At the same time, that is not to say that reliance on "role" will always excuse a lawyer's choices and decisions. Resorting to role to justify invidious actions is nicely illustrated by a biblical reference: Pontius Pilate relied on his role as Governor of Judea in giving Christ up to be crucified. (9) As Governor, Pilate's duties included the maintenance of law and order, and he...