December 2019 – Philosophy, Law and Politics

How do we reconcile our commitment to our capitalist economy with the true underpayment of attorneys in America? Capitalism possesses a theoretical basis in quality through competition. Yet, our private, corporate sector disavows its obligation to engage professional development through adequate and equal compensation. For, a great disparity exists between executive salaries and those of private sector attorneys, as to both in-house counsel and private law firms. This exists despite the fact that attorneys must attend graduate school at a younger age.

An argument posed by the corporate sector is that business persons, young and old, are paid more because they generate more business, more value added in a capitalist economy. Yet, the business sector must acknowledge that private sector attorneys are within a profession that lofts the overarching common law under which our world exists and under which corporate transactions and technological developments occur. The common law has existed from time immemorial and our modern world recognizes it in an international sphere.

A structural solution must be created that acknowledges that not only do young, private sector law firm attorneys not benefit from term-in-years employment agreements as do corporate employees. They, instead, work on an at-will basis with no employment security. Also, attorneys are governed by ethical codes imposed by law that result in the quality of thought we readily discern. This, in addition to inadequate compensation, creates anxiety and stress in a profession but for the quality of which we would not possess the talents and abilities upon which we rely.

The answer is to begin from the top with our multi-national corporations. These corporate entities employ law firms and pay far less in compensation for the legal services they receive than is acceptable. The stress and professional hardship incurred by law firm attorneys and staff must be mitigated by payment of higher legal retainers by corporations. In turn, government attorneys would also receive greater compensation. For, our society must realize that our taxes paid are necessary for life essentials. If higher taxes are required, so be it.

Should all leaders in all three branches of American government have the same abilities in prudence, wisdom and judgment? And, if so, what would or should be the threshold requirement for those abilities? Further, how should the abilities of a leader be evaluated? And, how may citizens compare the abilities of one with those of another?

The Presidency of the United States of America is one of the three branches of government. Yet, the President exercises powers and functions that comprise a combination of those of the other two branches. As a means of executing the laws enacted by the Congress, the President administers and guides many very large bureaucratic agencies which exercise both legislative and adjudicative functions. As a result, citizens should ask if the President must possess the ability and talents we expect of the other two branches of government in exercising the executive powers? Judges should be wise, prudent and focused upon the rule of law as they deliberate and issue opinions. And, legislators should focus upon the views and will of the public as guided by our Constitution and existing Public Laws as they make new law. Perhaps, all three branches must place justice, fairness and the common weal above the interests of the United States in exercising their functions and duties. For, though we are citizens of an international community, no one is above the law, the international common law.

In the words of Edmund Burke, a member of the British House of Commons, a democracy should be led by its natural aristocracy and not by an inherited gentry. The American Constitution similarly founds our republic upon the theory that it is a creature of the people, “We the People.” Yet, the governing majority is deemed a tyrannous majority whose temperament and flaws must be mitigated by the rule of an educated representative stratum. The very existence of the land and government upon which we depend relies upon learned decision making by fairly elected members of America’s best and brightest. By this means, we can keep our republic.

Lori Gayle Nuckolls