Legal Commentary

Is Barack Obama one of America's 50 most influential lawyers?

By Beldar

InstaPundit Glenn Reynolds has a polite and useful practice of acknowledging some of the "review copies" of books that have been sent to him, even if he hasn't yet read them, with his short "In the Mail" posts. These usually consist of no more than the author's name and the book's name, typically with an Amazon link (which, altogether appropriately, rebates a small percentage of all purchases back to him through the Amazon Associates program). I think it's fair to infer from such posts that Prof. Reynolds' interest has been piqued by each of the books he so lists, whether or not he ends up reading them. But I certainly don't interpret him to be endorsing all these books, or even necessarily recommending them; when he does want to recommend or endorse something, he's pretty clear about that.

Today he has such a link for a paperback by Ross Guberman called Point Made: How to Write Like the Nation's Top Advocates. Like any adversary-practice lawyer with the requisite healthy ego for that job, my first reaction upon reading that title was, of course: "It's not the 'Nation's Top Advocates' unless it includes me."

My own hypertrophied ego aside, however, I was nevertheless highly amused to read this sentence in Amazon's "Product Description" for this book:

The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers, including Barack Obama, John Roberts, Elena Kagan, Ted Olson, and David Boies.

One of these things is not the same.

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Even Elena Kagan ? who I thought was a disastrously poor oral advocate during her short tenure as Solicitor General ? has at least made an undeniably successful career as a lawyer. David Boies, Ted Olson, and John Roberts are all "lawyer's lawyers," meaning that anyone who knows a damn thing about the practice of law, and in particular the practice of appellate advocacy (a fairly narrow sub-discipline), will indeed recognize them as fine examples from whom much about the art of advocacy can be learned.

And there's no doubt that Barack Obama ? merely by virtue of the office he holds ? is one of the 50, or five, most influential people in the world. But he certainly didn't get that job because of his excellence and abilities as a lawyer practicing law.

Indeed, the very best that could ever be claimed for Barack Obama's legal practice is that it was short, sporadic, undistinguished, and unmarred by the drive for either billable hours or courtroom success that most new "litigators" are expected to demonstrate. From his spot as "president" (effectively editor-in-chief) of the Harvard Law Review, he could certainly have found prestigious judicial clerkships and a prime job with almost any law firm in the country. He chose instead to blow off judicial clerkships, to spend the year after graduation writing his book and working on a voter registration project, and then finally to join a small Chicago firm of some local political influence but no national prominence. There, by all reports he alternated between "civil rights" legal work (broadly defined, e.g., protecting apartment dwellers' "civil rights" not to live amongst asbestos contamination) and much better-paying work representing slumlords like Tony Rezko. Indeed, Obama's current Wikipedia entry sums up his career as a practicing lawyer in a single sentence that's quite comprehensive and, if anything, a bit generous: "In 1993 he joined Davis, Miner, Barnhill & Galland, a 13-attorney law firm specializing in civil rights litigation and neighborhood economic development, where he was an associate for three years from 1993 to 1996, then of counsel from 1996 to 2004, with his law license becoming inactive in 2002."

Based on my Westlaw search of federal libraries, Barack Obama was listed as appellate counsel of record in precisely one federal case, in which he represented ACORN (yes, that ACORN) in supporting Ohio's "motor voter" law ? a matter that's almost as much political as legal ? and while he might well have written part or all of that brief, he wasn't even the first-chair lawyer on the case. That hardly puts him in the company of John Roberts, Ted Olson, or David Boies as an appellate advocate. Rather, it puts him in the company of about 10,000 other schlubs who've dipped a toe in appellate waters and found them too cold, the competition too intense, and the judges too demanding of excellence.

I will grant that Obama was apparently quite popular as a part-time lecturer in constitutional law seminars at Chicago Law School. But that, even added to his law practice, wouldn't make him one of the 50 most influential lawyers in the city of Chicago ? much less in the whole country.

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I haven't bought, and obviously haven't read, Mr. Guberman's book. I wonder, though, if it doesn't rely on Barack Obama's political speeches, rather than anything he's ever written or said specifically as a practicing lawyer. Because I'm here to tell you, ladies and gentlemen, friends and neighbors: When I die, if I ever make it to heaven and the Good Lord gives me some choice over leisure activities, among my top five would be trying any sort of lawsuit, representing any sort of client, in a jury trial on neutral territory against Barack Obama. Somewhere in my top ten would be arguing any appeal against Barack Obama.

I would be less keen to face him in a duel of teleprompters, especially if he still gets to have the flags and the "Hail to the Chief" and Nancy Pelosi's Botoxed grin in the background. But if Barack Obama is one of the nation's top 50 most influential lawyers based on his lawyering, his advocacy for a client in any sort of court setting, I will eat my much dog-eared copy of the Bluebook.

So let it be understood: Barack Obama is one of the nation's fifty most influential lawyers in exactly the same sense as he's one of the nation's fifty most influential basketball players: He's a President of the United States who happened to dabble in basketball and law.

And frankly, I haven't seen any accomplishments from his legal practice that can rival his occasional three-pointer on the basketball courts.

Full post as published by BeldarBlog on February 20, 2011 (boomark / email).