October 24, 2007: Buies Creek, NC – Professor Robert Cochran addressed first year Campbell School of Law students as part of the 2007-08 Professionalism Series, speaking on the topic of faith and the law and highlighting the valuable role of the Christian lawyer.  Professor Cochran is the Louis D. Brandeis Professor of Law at Pepperdine University School of Law; where he is also the founder and director of the Institute on Law, Religion, and Ethics.  Cochran has authored or edited more than thirty-five articles and books, including Cases and Materials on the Legal Profession, Christian Perspectives and Legal Thought, and Lawyers, Clients, and Moral Responsibility.

Professor Cochran addressed the issue of whether the ordinary practice of law can be religious.  He said that most Christian lawyers separate their work life from their religious life but suggested that this should not always be the case and explained three reasons why the ordinary practice of law is tied to religion.

First, he said the practice of law itself is a religious calling.  Cochran explained that almost all lawyers either work in the law, in the field of commerce, or both.  He defined “working in the law” as trying cases, advising clients, drafting legislation, etc.  While no lawyer will agree with all the laws, the rule of law is necessary in order to have a civil society.  He defined “working in the field of commerce” to mean drafting contracts, creating corporations, and related issues.  Commerce is very important to a society as it provides jobs and produces products that make life more enjoyable.  Attorneys have a very influential role and great responsibility in these important aspects of life.  Professor Cochran analogized this work that lawyers do to worshipers building a cathedral to God.

Second, Cochran spoke of the role of lawyers as counselors.  He said that there are two types of lawyers when it comes to advising clients: “Godfather” lawyers and lawyers-as-friends.  The “Godfather” lawyer makes all of the decisions and only does what is best for his client.  The lawyer-as-friend does not impose his views on a client but asks ethical questions such as, “is this really what you want to do?”, “is this fair?”, and “how will this impact others?”  The lawyer-as-friend tries to bring more objectivity to the table.  Cochran encouraged the lawyer-as-friend approach and offered the advice that when advising clients to always encourage the client to think about the interests of others.  Cochran also said it is important to ask who controls the decisions in a legal matter.

To illustrate this point he told the story of two brothers who found themselves pitted against one another in a lawsuit.  The stress became too much for the brother who was the defendant, and he committed suicide.  Professor Cochran suggested that the attorney of the brother who brought suit may have been the “Godfather” type and had he been the lawyer as friend, the tragic result may have been averted.

Finally, Professor Cochran suggested that lawyers should love their clients, even the ones that are not easy to love.  He told the story of being a court appointed attorney for a man that he knew was guilty of a serious crime and knew would go to prison.  Cochran said that the prosecutor in the case told him not to worry about the client because he and his kind are “scum.”  However, Cochran said that even individuals who are guilty of the most heinous crimes are still people created in the image of God and deserve respect.  He explained how he prayed with this man and how he went to visit the client in prison a few years later.  He used this story to illustrate that no matter who the client is, treating them in a respectful Christian way can make an impact in their life.

Professor Cochran answered the question, “Can the ordinary practice of law be religious?” in the affirmative and challenged the students to think about the difference they can make in their practice of law, to encourage their clients to think about others, and to love their clients.

Professor Robert Cochran, Louis D. Brandeis Professor of Law at Pepperdine University School of Law with Campbell Law Dean, Melissa A. Essary