Lawyers and Happiness (And a Little Bit of Virtue Ethics)

Most of the lawyers I know are happy to be lawyers.  They take pride in their work, and they feel good about their role in the justice system.  Life as a lawyer isn’t easy, but it’s rewarding and fulfilling.

But it seems like there’s a perception that has intensified in the past decade or so that lawyers are miserable—that we feel alienated from the profession and that justice rarely plays a role in our tedious, all-consuming work.  There’s a stereotype of a “soulless” lawyer who works to pay off debt or make more money but who feels no satisfaction with the job.    I’m not sure how true this stereotype is (see above), but it’s prevalent and widely discussed.  (Raise the Bar:  Real World Solutions for a Troubled Profession is an interesting book published by the ABA that contains multiple essays exploring the “miserable lawyer” question.)  I want my law students to become lawyers who are happy in their chosen profession, and this blog seems as good a place as any to consider happiness and lawyering.

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Heck and Esenberg: What’s Worse, Campaigning or Campaign Reform?

For Jay Heck, the disease needs a cure. For Rick Esenberg, it’s doubtful there is a disease and, even if there is, the cure is worse.

If Tuesday’s “On the Issues with Mike Gousha” program at Eckstein Hall had been a meeting of foreign diplomats, the statement afterward would have described the session as “cordial but frank.”  Two of the most prominent Wisconsin voices in the debate about whether to and how to regulate money spent on political campaigning presented their views with wit and warmth, but with no masking their widely different positions.

Heck, executive director of Common Cause Wisconsin, said elections in Wisconsin and nationally had devolved over the last several decades and regulation of election spending was a matter of restoring confidence in the political system.

Esenberg, a professor at Marquette University Law School and an attorney involved in a case currently challenging regulatory plans in Wisconsin, did not accept that the damage being done by current levels of spending was so serious. Limiting free speech related to elections presents, among many things, a constitutional problem and is a bad idea that often has unintended negative consequences. 

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Sentence Explanation in the Seventh Circuit: What’s Good for the Goose . . .

Ever since the Supreme Court converted the federal sentencing guidelines from mandatory to advisory in 2005, I’ve followed with particular interest the case law on how sentences must be explained in the new regime.  Even more specifically, I have focused on the question of when sentencing judges are required to respond expressly to defendants’ arguments for lenience.  (See, for example, my post here.)  I’ve also wondered about the flipside of that question — when must judges respond expressly to prosecutors’ arguments in aggravation? — but cases on this seem far less common.  Last week, though, the Seventh Circuit addressed an issue that seems closely related to my hypothetical question.

In United States v. Glosser (No. 08-4015), the judge made a promise to the defendant at his change-of-plea hearing that he would impose the statutory minimum 120-month sentence in the case, notwithstanding the prosecutor’s suggestion that the government might seek more.  And, indeed, it turned out that the government sought a 210-month sentence in light of firearms found at Glosser’s resident.  The judge, however, mostly stuck to his promise and imposed a 121-month sentence.  The government appealed. 

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