Daniel R. Swetnam, JD, is a shareholder in the law firm Schottenstein Zox & Dunn in Columbus, Ohio. From 1993 to the present*, he has been selected to Who’s Who in American Law, and from 2001 to the present he has been listed in the publication The Best Lawyers in America. Mr. Swetnam’s practice is primarily business bankruptcy and litigation.
A background of Christian education can be a helpful underpinning for a lawyer.
* As of 2004–2005
I am a lawyer with a large Columbus, Ohio, law firm. I have been engaged in private practice for 22 years. My wife and I have three children who have attended Worthington Christian Schools since kindergarten, and my wife taught for five years in Christian schools. I have also served as member and chair of the governing board of Worthington Christian Schools. I am honored to share my thoughts on how Christian schools can have an impact in the world.
I am a product of public education. I graduated from a public high school and then attended public universities for both undergraduate work and law school. My perception is that Christian schools have proliferated in the last 20 to 25 years. Thus, I believe that it is only within the last 10 to 15 years that graduates of Christian schools have begun to have an impact in the business and legal world. Catholic schools have been active for a much longer span of time. This article focuses on Christian schools, but I believe we can already see some of the same benefits from an education at Catholic schools, whose graduates have been involved in the legal arena for a longer period.
Impact on Lawyers
In general, a lawyer is at times an advocate for a client and at times an adviser to a client. In both settings, a background of Christian education can be a helpful underpinning for a lawyer.
Lawyers are subject to a variety of ethical standards. Each state has its own code of professional responsibility, but these codes are all very similar. Canon 7 of the Ohio Code of Professional Responsibility states that a lawyer should represent a client “zealously within the bounds of the law.” With regard to when a lawyer serves as an advocate, Ohio Ethical Consideration 7-4 states the following:
The advocate may urge any permissible construction of the law favorable to his client, without regard to his professional opinion as to the likelihood that the construction will ultimately prevail. His conduct is within the bounds of the law, and therefore permissible, if the position taken is supported by the law or is supportable by a good faith argument for an extension, modification, or reversal of the law. However, a lawyer is not justified in asserting a position in litigation that is frivolous.
Thus, lawyers must exercise professional judgment about whether and how to advocate a client’s position. Is an argument “frivolous” or a “good faith argument for an extension, modification, or reversal of the law”? A Christian education can help provide a framework for the exercise of that judgment. An education reinforcing the existence of right and wrong and rejecting the suggestion that right and wrong are relative to each person and each situation can aid lawyers in the exercise of their judgment.
In addition, churches and Christian schools face legal challenges on a number of fronts. If a Christian school receives state aid, to what extent is it subject to state regulation? Do employment laws adopted by a local, state, or federal government apply to Christian schools? Is a Christian school required to admit a student who does not adopt that school’s statement of faith? There are a number of legal challenges facing Christian schools, and these challenges will only increase in number and severity. A lawyer with a Christian education will have firsthand experience that can help in dealing with these issues.
With regard to when a lawyer is serving as an adviser, Ohio Ethical Consideration 73 provides, in relevant part, as follows:
In asserting a position on behalf of his client, an advocate for the most part deals with past conduct and must take the facts as he finds them. By contrast, a lawyer serving as adviser primarily assists his client in determining the course of future conduct and relationships. While serving as advocate, a lawyer should resolve in favor his client doubts as to the bounds of the law. In serving a client as adviser, a lawyer in appropriate circumstances should give his professional opinion as to what the ultimate decisions of the courts would likely be as to the applicable law.
As advisers, lawyers must rely on their training and experience. For legal questions, the training and experience come from education and experience in the practice of law. On occasion, clients will ask lawyers for advice on matters that are not really legal matters. Lawyers must be very cautious about giving nonlegal advice. In a different context, Jesus noted that we are to be “wise as serpents, and harmless as doves” (Matthew 10:16, KJV). Many times, a Christian education can help someone think clearly, discern legal from nonlegal issues, provide clear advice on legal issues, and suggest appropriate sources to address nonlegal issues.
Impact on Clients
The duty of lawyers is to represent the interests of their client. There is an old adage indicating that the practice of law would be great if lawyers did not have to deal with clients. A client motivated by greed, revenge, or spite can present a number of challenges.
Our society is sufficiently complex and regulated that at some point everyone is likely to need to retain a lawyer.
Our society is sufficiently complex and regulated that at some point everyone is likely to need to retain a lawyer. A client may need to have a will prepared, may need advice on the purchase of property, may need advice on dealing with a government agency, or may need any number of items. When clients have had a Christian education, their decisions and actions are less likely to be motivated by destructive attitudes. Every lawyer has seen at least one case in which the parties are more interested in destroying their opponent than in reaching a just result. Many times, this motivation exists in a divorce or family-related action. It is unfortunate and destructive when one or more of the parties is motivated by hatred, revenge, or greed. We are all subject to those temptations; it is hoped that a client who has had a Christian education can rein those in.
In 1 Corinthians 6 (KJV), there is a very clear admonition about Christians taking each other to court:
- Dare any of you, having a matter against another, go to law before the unjust, and not before the saints?
- Do ye not know that the saints shall judge the world? and if the world shall be judged by you, are ye unworthy to judge the smallest matters?
- Know ye not that we shall judge angels? how much more things that pertain to this life?
- If then ye have judgments of things pertaining to this life, set them to judge who are least esteemed in the church.
- I speak to your shame. Is it so, that there is not a wise man among you? no, not one that shall be able to judge between his brethren?
- But brother goeth to law with brother, and that before the unbelievers.
- Now therefore there is utterly a fault among you, because ye go to law one with another. Why do ye not rather take wrong? why do ye not rather suffer yourselves to be defrauded?
- Nay, ye do wrong, and defraud, and that your brethren.
Unfortunately, despite this admonition, Christians are sometimes involved in litigation with each other. Such actions can be very divisive and destructive. It is hoped that with a Christian education background, Christians will proceed in a fashion consistent with scriptural mandates when confronted with a situation in which they feel aggrieved by the actions of other believers. Absent a Christian education or other proper biblical training, people may more likely take actions that can have negative consequences for all eternity.
Impact on Society
At some point, everyone is likely to have an encounter with the legal system. A person may be called to jury duty, may be a witness to an event that becomes the subject of a court case, may be a victim of a crime, or may be a party to a case. A Christian education background can have an impact on people in each of these roles. Each person with a Christian education should have a clear understanding of the need for honesty and candor. Without a firm foundation, it is easy to be swayed by what seems right at the moment.
A background that includes a Christian education can have an impact on the perspective of public servants as they deal with the accused, impose a sentence, or otherwise handle a case.
I was recently called to jury duty, and I was selected to be a juror in a criminal case. The witnesses for the prosecution and the witnesses for the defense presented starkly different versions of the events. There was no objective or scientific evidence to corroborate either side. One of the key roles of the jury was to assess the credibility of the witnesses and to decide which version to believe. While the assistance is difficult to quantify, I believe that an education including a clear distinction between right and wrong can help in these situations.
Many times, lawyers become legislators or some other elected or appointed officials. In that capacity, lawyers can help prepare legislation that shapes public policy. In addition, some lawyers also become judges in our society. Without a properly functioning judicial system, our society would be placed at risk. In my state, judges handle both civil and criminal cases. On average, the criminal cases account for 80 to 90 percent of the caseload. A background that includes a Christian education can have an impact on the perspective of public servants as they deal with the accused, impose a sentence, or otherwise handle a case.
Many times, lawyers volunteer their time to local churches, schools, and community groups. A lawyer who has had a solid education in a Christian school can have an enormous impact on these groups.
Conclusion
To become licensed to practice law, one must obtain an undergraduate degree (normally four years), obtain a degree from law school (another three years), and pass the bar exam. Then most young lawyers develop their skills and training for a few years. Thus, it can sometimes be more than 10 years after graduation from high school before we can see whether a Christian education has had a significant influence on a student who becomes a lawyer. Those involved in Christian education should continue their good work. I recognize that not every graduate of a Christian school ends up as a model citizen. However, while dividends may not be evident for many years or even decades, I believe there can be a tremendous impact on the legal system and society at large by those who have received their education in Christian schools.
The Big Picture in Christian School Education 8.2