Scott Key & Associates
  • Home
  • Practice Areas
    • Embedded Counsel
    • Appeals
    • Trial Litigation
  • Meet The Team
    • Scott Key
    • Kayci Timmons
    • Tori Bradley
    • Sam Kuperberg
  • Resources
    • Blogs
    • Podcasts
    • Upload Consultation Documents
    • FAQs
  • Contact
  • Call 678-610-6624
  • Menu Menu

Why Do This Job?: Reflections on my 1,000th CLE Talk

August 17, 2017/by J. Scott Key

Greetings from the Cordele, Georgia, Cracker Barrel. I am out and about and doing some client interviews today. Yesterday, I spoke to a group of law students about criminal defense. As is often the case, I was the only private practitioner on the panel. I am what is known in the biz as a “paid lawyer.” A big part of the talk was the topic of how we came to be in our current job. And that topic boils down to “why do you do what you do?”

The talk took a familiar turn. The best public defenders I know are quite passionate about helping the forgotten and the oppressed. A comment was even made at one point that money should not motivate a person to enter criminal practice. In my many years of speaking on panels, I’ve generally fallen victim to groupthink. And I’ve tried (probably unconvincingly) to say essentially “me, too.”

I am not being critical of the idea of passion for the oppressed as a motive for practicing law. Certainly, I would hope that every public defender feels that call.

But it is not authentic for me to say that such a passion drives me. And I think I’ve come out of some talks feeling slightly “off ” about things either because I said something I didn’t quite feel in my gut or because I felt guilty for not feeling a sense of passion for the poor in my legal practice. Come to think of it, if I felt such a drive, I would betray it every time I collect a fee or refuse to take on a case pro bono.

When it came my turn to speak I was more honest than I had been at a talk like this. I said that I think litigation is incredibly fun and intellectually challenging. I said that I like winning. And I find a sense of joy from dismantling a criminal conviction, working on an important case, and eviscerating a statute on constitutional grounds. What I didn’t say but should have said was that I am, in fact, motivated to do well financially in the practice/business of law.

I have always handled a few court appointed cases a year. But I have always viewed those cases as an opportunity to compete, litigation and try my best to win. I treat those cases just like retained cases. Why do I take them? Often, I do so to gain experience in an area (I’m developing a Federal practice, so I am doing more CJA work presently) to expand the range of cases I take on a retained basis. And sometimes the judge or the public defender entices me with a cool issue or some cool feature in the case. Alas, I have not taken an appointed case because of some social committment to the oppressed. It is great when that happens, but I cannot say that it is central to my thinking.

To take it a step further, I cannot think of motivation to be great at being a criminal defense attorney that is bad as long as it is consisted with the Georgia Rules of Professional Conduct, the Constitution, and the laws of the Federal and Georgia government. But I think our CLE and educational system suggests that one motivation outranks them all or that some are not valid and should induce guilt.

As a result, our schools and CLEs don’t often address topics such as how to set a fee, how to manage a law office, or how to responsibly and professionally market your practice. So, there is a cottage industry of snake oil salesmen out there who are not giving good advice. Meanwhile, at our CLEs we get a steady diet of the one true valid motivation to be great at criminal defense. This motivation is the one that is served.

Even worse, our very best and brightest law students may be deciding to do some other kind of law because they don’t feel that they have a pure motive to do it. I’m going to be up front with my motivations in the future and am going to stop feeling guilty about them.

 

 

Tags: Capitalism
Share this entry
  • Share on Facebook
  • Share on X
  • Share on X
  • Share on LinkedIn
  • Share on Reddit
  • Share by Mail
0 0 J. Scott Key /wp-content/uploads/SK-Logo-Black-White.png J. Scott Key2017-08-17 13:51:512017-08-17 13:51:51Why Do This Job?: Reflections on my 1,000th CLE Talk
0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

You must be logged in to post a comment.

Related Resources

  • Living a Fulfilling Life (as a Lawyer)
  • Originalist Textualism 101 for Practitioners with Keith Blackwell
  • What I’ve Read, Heard, And Am Pondering This Week: June 1
  • Textualism As An Advocacy Tool
  • What I’ve Read, Heard, And Am Pondering This Week: March 7
  • Embracing the Legal Fundamentals with William Maselli

Archives

  • October 2024
  • July 2022
  • June 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • October 2020
  • July 2020
  • June 2020
  • December 2019
  • November 2019
  • October 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • July 2018
  • May 2018
  • April 2018
  • March 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • June 2017
  • May 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • February 2016
  • January 2016
  • December 2015
  • October 2015
  • September 2015
  • July 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • August 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • January 2014
  • December 2013
  • September 2013
  • July 2013
  • June 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010

ADDRESS

199 W Jefferson St.
Madison, GA 30650

PHONE

678-610-6624

EMAIL

tori@scottkeylaw.com
© Scott Key & Associates, all rights reserved. | Website by Madison Studios  
  • LinkedIn
  • Youtube
The Self Talk TreadmillToday’s Talk on Wellness for Lawyers
Scroll to top