In the wake of the news of the death of Justice Ruth Bader Ginsberg (alias RBG), I ask myself what defines a successful legal career –at the bar or at the bench.
If RBG’s legacy is anything to go by, it would appear that having been oneself a victim of discrimination would be a pre-qualification to talk about it authoritatively. Indeed, RBG suffered from sexual discrimination from the moment she entered the profession as she had tremendous difficulty in securing employment within a law firm. She went on to have a singularly rich career at the bench, where she shone mostly for her defensive stances in favour of women’s rights against discrimination. She was even known to have said that she felt like a kindergarten teacher when it came to, discussing sexual discrimination with other judges. She continued and ended her career at the ripe age of 87, to become a fiercely liberal judge, fearless in expressing her views especially as regards the protection of civil rights and liberties – many of which were in the form of dissenting judgments.
RBG, as many other eminent Judges and barristers, was a trail blazer who opened the road for generations after her. She will join the cohort of “great” persons, who would have left their mark on the legal profession.
What therefore defines greatness ?
In Twelfth Night, Malvolio the clueless servant read a letter meant to fool him into thinking that his high-born mistress was in love with him. The message read as follows:
“If this (letter) fall into thy hand, revolve. In birth, I am above thee, but be not be afraid of greatness . Some are born great, some achieve greatness, and some have greatness thrust upon ‘em. Thy fate opens their hands. Let thy blood and spirit embrace them…”
Admittedly quoting Shakespeare out of context, I have come to the conclusion that a lot of what he says (underlined above), could also apply fittingly to the shape of career paths in the legal profession.
Greatness, it is said is synonymous with humility. One does not set out to become great, in the same manner as one becomes rich, famous or popular. The person who achieves greatness will never acknowledge his achievement until it has been measured and assessed by his peers and society at large. Likewise, for the Judge or the barrister, the measure of greatness will be the accumulation of deeds and consistency in superlative effort, reasoning or integrity, which will earn him the epithet of a great man or woman. Rightly therefore, a lawyer should not fear greatness. It should be something that comes as a crowning glory – a just recompense for a consistently just, fair and right –minded line of conduct.
There are some lawyers who are indeed “born great” – to the extent that they have inherited a name and lineage which give them a headstart in the legal rat race. I am not sure however that this passport can in itself make these persons “become great” as in my book, greatness is a very personal achievement. “Becoming” great is therefore what Shakespeare referred to “achieving greatness”.
As regards greatness being “thrust” upon someone, it is perhaps those exceptional circumstances which call for exceptional measures. For the Judge, it will be the opportunity to go against the grain and step outside the comfort of conformity, in situations where grave injustice might otherwise result. Many a great judgment was not received favourably when initially delivered but eventually ended up becoming the torch bearer for future change. In many of these cases, the Judge has to consciously accept the unpopularity and criticism that may follow his stand – even if it means going against the general line adopted by his peers. In expressing his dissent, the Judge simply opens the door to hope in otherwise desperate situations. In future, his stand may find its place as the reasoning of a majority judgment . Even better, his stand may allow the Legislator to bring changes to unjust laws.
The lawyer who has greatness thrust upon him on the other hand, may not necessarily be the defender of the underdog or the champion of popular causes. The lawyer who receives most accolades from the press or the media does not de facto, become great. It is rather the lawyer who remains mostly in anonymity, but adopts a stringently fair, humane and honest approach to his briefs. He may not be the most eloquent orator in the Court, nor may he be the most popular amongst his peers – but he will steadfastly defend the universal ideals and values which are the hallmark of a good lawyer. Unfortunately, the great lawyer may not even live to enjoy the epithet of greatness. He would have risen to every occasion which came his way to do the right thing and would often end his career in humility and be simply remembered as a good and noble person.