Guardians of freedom

November 1, 2010
Back to TopCommentsE-mailPrintBookmark and Share

Reporter Mike Hoskins wrote this post.

“The first thing we do, let’s kill all the lawyers."
That, of course, is William Shakespeare’s famous line from his play Henry VI (Part 2). The oft-quoted line is for the most part taken out of context and used to illustrate a non-lawyer's frustration with the legal system. Many know it comes from one of Shakespeare's plays, but usually there's little awareness beyond that.

In a recent Indiana Lawyer newspaper column, veteran Fort Wayne practitioner Donald D. Doxsee cited that line and added what lawyers should remind people who quote it.

“You should remind them that Shakespeare put these words into the mouth of a villain attempting to seize power illegally. Our profession stands as the guardians of the rule of law and the protector of rights,” Doxsee wrote.

It seems that Shakespeare quote is often what people think of first when the topic is “lawyer jokes.” With all the talk lately about civility and professionalism, and newly installed Indiana Supreme Court Justice Steven David pointing out his dislike for lawyer jokes, this topic seems timely. And appropriate.

Members of the legal profession have made this observation before, just like our friend in Fort Wayne. Now-retired U.S. Supreme Court Justice John Paul Stevens even dissented on a case referring to the value of lawyers. Walters v. National Association of Radiation Survivors, 473 U.S. 359 (1985) involved a statute adopted in 1862 limiting attorney's fees in veterans’ cases to $10.  The federal government argued that the system worked better without a lot of quarrelsome lawyers involved, but the justice made this point: "Just as I disagree with the present court's crabbed view of the concept of 'liberty,' so do I reject its apparent unawareness of the function of the independent lawyer as a guardian of our freedom."
He wrote a footnote pointing out, "As a careful reading of that text will reveal, Shakespeare insightfully realized that disposing of lawyers is a step in the direction of a totalitarian form of government." With that, the high court justice made the point that attorneys are a protection from too much government power rather than an evil to be protected against.

Clearly, some lawyers and jurists know the context and aren’t afraid to share it. Maybe it’s time that some “lawyer jokes” be examined for the larger lessons about the profession, rather than just dismissed as a slight against those who’ve passed the bar. The public could take some lesson from this, it seems.

Any thoughts from Indiana's barristers or benchers?


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.