Legal Commentary

Thirty years of honestly demeaning myself at the bar

By Beldar

Section 82.037(a) of the Texas Government Code requires that "[e]ach person admitted to practice law shall, before receiving a license, take an oath that the person will: (1) support the constitutions of the United States and this state; (2) honestly demean himself in the practice of law; and (3) discharge the attorney's duty to his client to the best of the attorney's ability."

A lawyer for whom I have boundless respect and affection — United States Circuit Judge Carolyn D. King, for whom I had the privilege of clerking — administered that oath to me and my co-clerks thirty years ago today.

It's a peculiar oath, containing a subtle but ironic example of the word- and phrase-parsing skills required of lawyers: "demean" most commonly means "to lower in dignity, honor, or standing." Many laymen might experience the hearing or reading of this oath as an "Aha!" moment, as in: "Wow, that explains why all those lawyers have been making asses out of themselves, it's literally a sworn duty!"

But "demean" also means "to conduct or behave (oneself) in a specified manner" — as in "demeanor." And here, Texas law specifies the manner to be an "honest" one. I suppose it's theoretically possible to honestly make an ass of oneself, but law usually does not so obviously mock itself or its practitioners. Instead, the qualifier implies a legislative intent to use the word "demean" in this secondary, now near-archaic, sense.

Once that peculiarity has been spotted, properly masticated, and duly resolved, the oath itself becomes clear. Its actual application in the real world over the course of 30 years has proved to be anything but.

Nevertheless, I've done my best to keep it these thirty years, and shall for however many more are permitted me.

Full post as published by BeldarBlog on November 24, 2010 (boomark / email).