Dear Mr. President,
Understanding that no seat is available right now, and that my chances of appointment and confirmation are about as likely as being drafted by the Chicago Bulls, I wanted to offer my services to the country. It’s time to put a family lawyer on the high court.
What insight does a family lawyer have that would make a great Supreme Court justice?
First, we understand notions of fairness, probably better than most lawyers. We deal with issues of financial oppression, child abuse, and narcissistic bullying. We understand how to level the playing field and balance the parties’ interests. These challenges give us enhanced insight into notions of right and wrong. Wouldn't that skill make for an effective high court justice? Isn't that what the law is ultimately about?
We regularly confront legal and factual complexity. What other area of law requires knowledge and mastery of child development, business valuation, tax law, forensic accounting, bankruptcy, executive compensation, evidence, etc. (sometimes in the same case)? The knowledge required to successfully compete in the family law arena is more varied than in any other area of law. I’d have the legal chops to understand the issues before the High Court.
Considering my daily legal challenges, I’d have the ability to manage relatively simple questions involving presidential immunity, certainly more quickly than the other guys in D.C.
Patience is integral to what we do. Dealing with people in crises–panicked about losing their children and fortunes–requires rock solid mental and emotional fortitude. It also requires the development of varied life skills to personally manage the trauma and turmoil. Wouldn't that skill set help when adjudicating issues impacting the future of our children and grandchildren?
Speaking of children, we (or at least the conscientious ones) are child focused. We approach issues with sensitivity to how our actions will impact the children in the middle of their parents’ brawl. When considering legal precedents, wouldn’t a longer-term, child focused perspective help make the law better? The Supreme Court’s job is to consider the law in the context of public policy. Children are a huge part of that.
So, Mr. President, next time a spot opens on the Supreme Court, consider appointing a family lawyer (in particular, yours truly) to the bench. We have insights into the intersection of the family and the law that few can match. After all, the family (however one defines it) is the foundation upon which the entire society rests. As family lawyers, we are on the front lines of the human condition, giving us a unique perspective that few other lawyers share.
If you’re interested, Mr. President, I can be reached at Steven@peskindlaw.com. But you better hurry; I have a busy trial calendar this fall.
Family lawyers certainly have a longer-term perspective than most. I would add that I have noticed that family lawyers are also able to see through people and their personas created just for Court and dealing with lawyers more than most lawyers. When you deal with people enough, you can start to figure out who is genuine and cares about their case/kids/outcome, etc., and who is putting on a show just for the judge or for you. Great article.