In The Lost Lawyer, a book first published in 1993, Anthony Kronman described an idealized figure, the lawyer statesman. Such an individual is “possessed of great practical wisdom and exceptional persuasive powers, devoted to the public good but keenly aware of the limitations of human beings and their political arrangements.” That is, the lawyer-statesman is distinguished from other lawyers by “extraordinary devotion” to the public good, and “wisdom in deliberating about it.” Although Kronman bemoaned that such an ideal had become increasingly rare, there were and are people who exemplify it.
Although he became better known for other reasons, Nelson Mandela began working as a lawyer in Johannesburg, South Africa, in 1951. Two years later, with a partner, Oliver Tambo, Mandela opened the first Black-owned law firm in South Africa. Next year will mark the seventieth anniversary of the opening of Mandela and Tambo.
The two-man firm was “besieged with clients,” who had committed such crimes as walking through a whites-only door, riding a whites-only bus, being on the streets after 11:00 p.m., and lacking a pass. Mandela, who spent much of his time in the courtroom, was a gentleman at all times, even in the face of gross humiliation and while under the great stress of fighting a legal system that was immoral and unjust.
Of course, these traits were pervasive in how Mandela led his life outside of the practice of law. Mandela displayed them when he became a criminal defendant himself, during his speech from the dock at the Rivonia Trial in 1964. There, he and other leaders of the African National Congress stood accused of sabotage, furthering communism, and aiding foreign powers. In the face of severe provocations and insults, Mandela’s words did not reflect the anger, bitterness, or fear that would naturally be expected. Rather, he used logic, persuasion, and uncluttered prose that might make Bryan Garner proud. He ended with this: “During my lifetime I have dedicated myself to this struggle of the African people. I have fought against white domination, and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is an ideal which I hope to live for and to achieve. But if needs be, it is an ideal for which I am prepared to die.” Unmoved, the judge pronounced Mandela guilty. In what the court might have felt was a lenient act, Justice De Wet declined prosecutors’ recommendation of a death sentence, and imposed life imprisonment instead. Mandela was 46 years old.
Following that, Mandela endured imprisonment and separation from his wife and children for 27 years, parts of which he spent in solitary confinement and doing hard labor, for the sake of trying to end injustice in his country. For years, he was allowed one visit per year, and one letter each six months.
As a practicing lawyer, Mandela probably had some clients and adversaries who were difficult. He had to interact with them while addressing the ongoing concerns that all business owners have of covering monthly expenses, keeping employees accountable and motivated, and the other duties that accompany the practice of law. Throughout, he lived the highest values the legal profession aspires to uphold: the rule of law and human rights.
One of the concepts that resonated years ago in an SDCBA discussion about our profession was that “lawyers do good.” I believed that then and believe it now. We don’t need to go to the lengths that Mandela did. But he served as a bright reminder that we should look for opportunities to act to better our communities.
Yours,
David Majchrzak
2022 SDCBA President