This Day in Legal History—September 28, 1918

On September 28, 1918, outside of the French village of Marcoing, British Private Henry Tandley of the 5th Duke of Wellington Regiment came across an escaping wounded German soldier. The encounter took place near the end of the British capture of the village, and thus the military situation, though winding down, was still very much rife with hostilities. The soldier was presumably armed and posed a potential threat to Private Tandley and his fellow infantrymen.

Private Tandley was presented at that moment with a serious ethical question: shoot preemptively in self-defense, not knowing the capability of the German soldier or the extent to which other German soldiers were present, or spare the soldier’s life and let him return to his unit, either to survive or to die in the arms of his own comrades. Private Tandley did not then know that an armistice with Germany would come within a matter of weeks, nor did he know whether the soldier had a wife and children to whom he might return after the war. He knew nothing of this German soldier other than that he was another human being who was injured.

Private Tandley decided to spare the soldier’s life, and the soldier continued on his way, apparently nodding to Tandley in appreciation.

This story is presented in here because, if Tandley’s account is correct, his decision to spare the life of this German soldier changed the course of the 20th century, with vast consequences not only for the law but also for every other aspect of culture and society across much of the world.

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What’s on your phone?

There has been plenty of news with the release of the new iPhone and new operating systems for Apple and Android. We’ve recently had a post on the volume of phone texting here. We haven’t had a conversation on how your phone helps you as a lawyer. I know that Dean Parlow and Prof. Grenig are dedicated iPad users and the teaching law librarians all have iPads. Those of us in the Media & Technology Group are both heavy Android and Apple users, although Android has a 3-1 lead for mobile phones and a greater lead in tablets.

What is the one legal app that you find indispensable on your phone or tablet? Obvious choices are email and calendar as the essential tools, so we’ll skip those. My choice is the productivity app Evernote.

Here are links to places that have lists of law and law-related apps:

eLangdell Commons (CALI); University of Florida – Apple and Android; Indiana Bloomington Mauer School of Law; Maryland School of Law; UCLA School of Law

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Social Responsibility and Giving Back

Years ago, I attended a seminar where the late Attorney Harry M. Philo was one of the speakers. I don’t remember where the seminar was or who the other speakers were, but I will never forget one thing that this very prominent lawyer said, “The primary social responsibility of personal injury lawyers is to prevent accidents and reduce the number of injuries. It is only when we fail in this responsibility that we move to our secondary responsibility of obtaining compensation for our clients.” This message was one of social responsibility and giving back to the community, two things we should take seriously throughout our careers.

Social responsibility is an ethical ideology that focuses on individuals’ obligations to act for the benefit of society as a whole as opposed to acting solely for their own interests. As attorneys, it is our responsibility. As a lawyer, I feel pride when I am able to achieve a good result for a client. I’m also proud of the fact that I am part of a profession that advocates for the general public’s rights and safety. It is one thing as a personal injury attorney to obtain compensation for an injured plaintiff but it is another thing altogether to advocate for a change in the law or raise public awareness to prevent accidents and injuries. This same message applies to all attorneys throughout every practice area: it is our job to successfully advocate for our clients, but it is our social responsibility to act for the benefit of society as a whole.  

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