Character and Fitness - September 26, 2007

Adding an element to the character and fitness portion of the Bar Exam would be of beneficence to the general public and the legal profession. It does not matter whether you are stuck behind a desk tending to tax law matters, sitting in a board room as corporate counsel, or litigating in front of a judge and jury: you have to exude confidence and you must be able to communicate. I am constantly amazed at the soft voices, unsure answers and meek tendencies my classmates exhibit. If they interact with living people during their careers, there will be many 180 degree turns made at their door.

Judgmental is only the tip of my proverbial iceberg. The profession is all about image. Everything you do speaks. Body language, vocal projection, verbal clarity, clear, concise and organized thought, as well as outer appearance are all factors that are taken into account. For some, the judgment is subconscious, while other - like myself - are conscious in habitual judgment. A large joke between my friends and I was how in touch I am about how judgmental I am. It is not necessarily a bad thing. I watch all of my actions that much closer as a result.

I have inner piece knowing that the organizations I was a part of as a boy instilled qualities that are setting me apart from the crowd. Confidence, leadership, verbal skills, planning and preparedness are chiseled into my brain. Let's face it: youth organizations are breeding grounds for attorneys. It is like the Chinese Olympic training system. We are beaten with these ideals from birth, and we are expected to perform to a higher standard as a result.

From your suit to your voice, people are always sizing you up. If you are short, you have no choice but to make up for it with confidence and a tendency to exert yourself (known as Napoleonic Syndrome). Taller people recognize their gift of natural presence, and use it to their advantage. We must capitalize on the gifts we have, and work with fervency and tenacity to learn and master those skills we do not.

If a professor asks you to speak up, this is a sign of things to work on. If you are not confident, find an outlet that will let you practice that which you are not confident. Life is a giant choice and image is everything.

Sometimes, however, our message (as supplied by our image and actions) are not rightly received. As such, some clearing up is needed.

Being overly nice and supplying an ego boost, in my opinion, is very different from lying. Perhaps it is the future Esquire in me, but I feel that the annoying habit of "brown-nosing" is far from deception. In fact, brown-nosing is symbiotic in nature. In fact, I would more happily liken sucking-up to showing extreme amounts of deference to those with power. I do believe that there is a time and place for employing these skills, but disagree with a notion that embracing a strong relationship with a person who controls your future is a skill to be proud of.

Let's face it: higher education is the training ground for the professional world. I find it impossible that any person in the professional world has not put to use these skills. Whether you are selling a car, speaking to your boss, or trying a case in front of a judge, everybody engages themselves in a dance that will yield the best results. We all have experienced, or know a friend who has, kept their mouth shut when a boss asks you to do a task, when all you want to do is toss your paper-weight at his temple. In school, this situation is the same.

There is another side, too. Leaving this deferential treatment of others at school. I have too much pride to demean myself by being anything but forwardly honest to everybody. We all act differently when in a professional work environment than we do at home, with friends, or engaging in an extraneous activity. My profession is being a law student. I will act in any way that my professor deems necessary to yield the best results possible. I will maintain honesty, courtesy, respect and honor in all my actions. This is what sets me apart.

Brown-nosing is borne by those who are on the receiving end of the action. It is what they feel is the best action in a given situation. This is the real world.

My character and fitness review would include speaking and presentation portions that test verbal communication, passion and image. Hopefully my subservient actions will not make me fit into the lacking category when it comes to my definition of the character and fitness of attorneys.

Time will tell.