Journal Title

Journal of the Legal Profession

Volume

41

Issue

1

First Page

81

Document Type

Article

Publication Information

2016

Abstract

Law is not war. Indeed, litigation serves as a peaceful alternative to trial by battle, and our legal doctrines and procedures are designed to prevent society from disintegrating into a feral, sanguinary struggle of each against all. Furthermore, lawyers simply do not deserve to be likened to warriors, for we neither physically defend our nation from foreign aggression nor sacrifice our lives to preserve our principles and freedoms. Any attorney who engages in excessive battlefield rhetoric should be sentenced to bedpan duty at the local Veterans Administration hospital.

At the same time, however, anyone who has tried a case, negotiated a settlement, or handled a closing has encountered the fears and stresses such matters typically entail. This is trivial compared to the terror of combat, but it is real enough to undermine the self-esteem and career aspirations of countless attorneys. As such, these fears must be directly addressed out of a compassionate concern for beleaguered young lawyers and to preserve the health of our profession.

In the turbulent sphere of lawyering we can learn much from those who have endured and triumphed in actual battle. Ulysses Grant, in particular, serves as a splendid example of the reluctant warrior who saved our nation from disaggregation in its darkest moments. With humility, courage, and determination, Grant vanquished the legendary Robert E. Lee and preserved our Union. He has much to teach us. This article is neither a paean to Grant nor a military biography. To the contrary, I attempt nothing more than a thoughtful interpretation of Grant's Personal Memoirs and an application of Grant's philosophy to the life of the budding attorney. Above all, I wish to delineate how Grant's emphasis on courage, resilience, and redemption can benefit lawyers in the courtrooms as well as soldiers in the fields.

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