Why We Take an Oath

• Publication year: 1995
• Pages: 12
• Citation: Vol. 8 No. 1 Pg. 12

Why We Take an Oath Vol. 8 No. 1 Pg. 12 Utah Bar Journal January, 1995

Wendell K. Smith Assistant Disciplinary Counsel, Utah State Bar

Perhaps it is appropriate that each of us consider why we took an oath when we became attorneys, review the oath currently being administered to new members of the Bar, and reaffirm our commitment to abide by its terms and conditions.

The dictionary defines an oath as a formal declaration or promise to fulfill a pledge. Following is an examination of the Utah attorney's oath and a review of what it was we pledged to do as attorneys when we were admitted to the Bar.

I DO SOLEMNLY SWEAR

Let's first look at the significance of these words that are the preamble to the substance of the oath. Solemn means deeply earnest, serious, grave, of impressive and serious nature, and sacred. To swear means to make a solemn declaration or promise, invoking a deity, or some person or thing held sacred, in confirmation of the honesty or truth of such a declaration.

I WILL SUPPORT, OBEY, AND DEFEND THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF THIS STATE

Our profession, perhaps more so than any other, is perceived as the foundation that supports the rule of law upon which this country was founded. Lawyers are expected to abide by, support and uphold the laws of the land and, thereby, the State and Federal Constitutions. What is the consequence to society of the guardians of the law and the constitution fail to abide by the principles they have sworn to uphold and defend? Shakespeare, in Henry VI, part II, said that if we want anarchy, "the first thing we do, let's kill all the lawyers." Is not the effect the same if lawyers cease to fulfill their proper role in society? Perhaps it is appropriate to examine our conduct and ask ourselves what kind of a message we are sending, and whether we are fulfilling our proper role. Will the pattern of conduct in which we now engage enhance the profession and inspire confidence in the law and the judicial system or it is inconsistent with our place and function in society? Will it foster disdain for lawyers, the law, and the legal system, or will it uplift and support the profession and the legal system?

I WILL DISCHARGE THE DUTIES OF ATTORNEY AND COUNSELOR AT LAW AS AN OFFICER OF THE COURTS OF THIS STATE WITH HONESTY AND FIDELITY

The duties of an attorney are set our in Rule 21 of the Rules for Integration and Management of the Utah State Bar. They include...