NORMAN C.

AMAKER: AN EXEMPLAR OF LEGAL ETHICS

(STUDENT NAME REDACTED) St. Louis University School of Law LEGAL PROFESSION February 25, 2013

NORMAN C. AMAKER: AN EXEMPLAR OF LEGAL ETHICS (STUDENT NAME REDACTED)

TABLE OF CONTENTS INTRODUCTION ................................................................................................................................ 2 VALUES NEEDED BY AN EXEMPLAR OF LEGAL ETHICS ............................................................... 3 NORMAN AMAKER THE LIFE OF AN EXEMPLAR OF LEGAL ETHICS ............................................... 6 BACKGROUND .............................................................................................................................. 6 RESPECT FOR THE CLIENT ............................................................................................................ 7 KNOWLEDGEABLE AND PREPARED .............................................................................................. 9 REALISTIC AND PRAGMATIC ........................................................................................................ 9 RISK TAKING VS. RISK MITIGATING .......................................................................................... 11 ADVOCATE FOR SOCIAL CHANGE AND JUSTICE ......................................................................... 13 CONCLUSION.................................................................................................................................. 14

INTRODUCTION
It goes on one at a time, it starts when you care to act, it starts when you do it again and they said no, it starts when you say We and each day you mean one more. -Marge Piercy1 Job, Career, Profession, Vocation four words used by lawyers to describe working in the law field. Every lawyer leans toward one of these words when asked what it means to be a lawyer. To this end, my personal statement for my law school application began with a paragraph about how lawyering is my vocation, coming from the Latin verb for to call or calling. The word vocation implies a higher, self-imposed standard for my personal role as a lawyer. This standard is illustrated by the end of my favorite poem The Low Road by Marge

MARGE PIERCY, The Moon is Always Female: The Low Road (Alfred Knopf, 1980).

Piercy listed at the beginning of this section.2 Piercy indicates that persons should be passionate and engaged for social change for those persons who are disadvantaged or unable to fight for themselves. Piercy is able to capture the essence of many lawyers like myself who view their role as an advocate for social justice and social change. Many past and current lawyers have helped to set a precedent and gain acceptance for the concept of lawyer as advocate for social justice. In any career or profession, it is important for future professionals to identify role models and exemplars of the ethical values they want to emulate and embody. There are many lawyers past and present that are considered an exemplar of legal ethics, while additionally being an advocate for social change and justice. This paper seeks to discuss the life and actions of my legal profession role model, Norman Amaker, and why he is an exemplar of legal ethics.

VALUES NEEDED BY AN EXEMPLAR OF LEGAL ETHICS

Prior to discussing why Norman Amaker is an exemplar of legal ethics, it is imperative to: (1) define the term legal ethics; and (2) to identify what characteristics and/or values an exemplar of legal ethics would possess. This will provide a framework for analyzing the life and actions of Norman Amaker and justifying why he is an exemplar of legal ethics. The Model Rules for Professional Conduct (MRPC) is considered the main source for defining what the term legal ethics means. Although binding legal licensure and ethical standards of conduct are regulated at the state level, the MRPC provides a model code of conduct for the states. Thus, although state standards of conduct and penalties might vary slightly from

Id.

state-to-state, the basic ideals and ethical framework found in the MRPC are present in each states code of conduct. The Preamble to the MRPC outlines 13 parts to a lawyers responsibilities, including the following particularly important excerpts, which state that a lawyer serves:3 o As a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.4 o As a representative of clients, a lawyer performs various functions o Advisor o Advocate o Negotiator o Evaluator5 o As a competent, prompt, and diligent professional that maintains communication and confidence with clients6 o As a public citizen, who seeks: o improvement of the law, o access to the legal system, o the administration of justice and o the quality of service rendered by the legal profession.7 o As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law and work to strengthen legal education.8 o As a vital role in the preservation of society9 These excerpts generally underline that a lawyer has a duty to his/her clients, the legal system, society, and to preserving justice, which illustrates that a lawyers duties extend beyond duties only to self-interest or only to a clients interests. Rather, a lawyer serves a role in protecting and improving society. Thus, the notion of a lawyer as advocate for social change and social justice is fully supported and illustrated by excerpts listed above from the Preamble to the MRPC.

3 4

ABA MODEL R. PROF. CONDUCT, PREAMBLE 1-13. Id. at 1. 5 Id. at 2. 6 Id. at 4. 7 Id. at 6. 8 Id. at 6. 9 Id. at 13.

Many lawyers adhere to and exemplify these ideals and standards of conduct; however, very few are recognized as exemplars of legal ethics and role models for attorneys. Therefore, it is important to ask:

What values, characteristics, and/or actions make our role models, our exemplars of legal ethics, more respected and more highly-touted than their peers?

Thus, in addition to the generalizations about the responsibilities of a lawyer found in the preamble to the MRPC, it is important to identify more specific criteria for an exemplar of legal ethics. Particularly, it is imperative to find criteria to help distinguish between the average lawyer with legal ethics and the quintessential exemplar of legal ethics. The following are some criteria for identifying an exemplar of legal ethics (which will be applied to Norman Amaker in forthcoming sections of this paper): o o o o o Respect for the Client Knowledgeable and Prepared Realistic and Pragmatic Risk-taking vs. Risk-Mitigating Advocate for Social Change and Social Justice

Although there are numerous criteria that could be used, these five criteria are able to capture the essence of the phrase exemplar of legal ethics. The following section of the paper will discuss Norman Amaker, an exemplar of legal ethics, and further, it will seek to identify Amakers life events or actions that illustrate his alignment with these criteria.

NORMAN AMAKER THE LIFE OF AN EXEMPLAR OF LEGAL ETHICS

Background Most noted for being the lawyer who delivered Dr. Martin Luther King Jr.s Letter from a Birmingham Jail, Norman Amaker was a well-known NAACP10 Legal Defense Fund lawyer, civil rights activist, and later, a law professor.11 Before applying the criteria outlined in the previous section, and how the criteria relate to Amakers life and actions, it is important to briefly summarize his background and earlier influences. Amaker was born in the mid-1930s in Harlem, New York City, and he attended NYC public schools. Following high school, Amaker graduated cum laude from Amherst College in 1956, and he received his law degree from Columbia University Law School in 1959.12 Directly out of law school, Amaker received an amazing opportunity; he was hired by Thurgood Marshall to join the legal staff of the NAACP.13 This organization serves as a voice for colored persons facing a multitude of legal issues and infringements on personal rights. Amaker served clients on a number of civil rights issues, including: racial discrimination in public schools, voting rights, capital punishment, and employment.14 Also, although Amaker is best known for his relationship as one of Dr. Kings most trusted lawyers, Amaker represented thousands of civil rights leaders and demonstrators in the
10

NAACP stands for the National Association for the Advancement of Colored People. NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, Mission (2012), available at http://www.naacp.org/pages/our-mission. 11 CURTIS LAWRENCE, Norman C. Amaker, lawyer, teacher. 62 (2000), available at http://ezp.slu.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=edsnba&AN=0EB424819113C 873&site=eds-live. 12 Id. 13 NINA APPEL, Reflections on the life and work of Norman C. Amaker, obituary 2002. 14 CURTIS LAWRENCE, Norman C. Amaker, lawyer, teacher. 62 (2000), available at http://ezp.slu.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=edsnba&AN=0EB424819113C 873&site=eds-live.

1960s, arguing at state, federal, and even the Supreme Court level. Amaker left the NAACP in the early 1970s to become the Executive Director of the Neighborhood Legal Services in Washington D.C., followed by serving as the General Counsel of the National Committee Against Discrimination in Housing. In 1973, Amaker moved into the legal education industry, where he worked for the University of Maryland, then Rutgers, and finally Loyola University Law School. Amaker spent much of the 1970s and 1980s teaching young law students, writing legal and public policy articles, and guest speaking. His subjects often included: threats to social justice and the notion of lawyers as a tool for achieving social justice and change.15 Therefore, not only was Norman Amaker an exemplar of legal ethics, but also, he sought to influence new, young, and aspiring lawyers to be advocates for social justice and change. The following subsections identify a particular characteristic or value of an exemplar of legal ethics, followed by outlining specific examples from Amakers life, writings, or actions that illustrate this characteristic or value. Respect for the Client The first characteristic or value of an exemplar of legal ethics is respect for the client. Although a vague term, respect generally involves recognizing the uniqueness and dignity required for each person. Norman Amaker respected his clients whether it was an average, ordinary American citizen being denied a right or freedom or whether it was the most prominent leader of the Civil Rights movement, Dr. Martin Luther King Jr.16 Perhaps the best example of Amakers respect for his client involves Miss Mary in the Ex Parte Hamilton case.17 In the Ex Parte Hamilton case, most witnesses were referred to by

15

NORMAN C. AMAKER, De Facto Leadership and the Civil Rights Movement: Perspective on the Problems and Role of Activists and Lawyers in Legal and Social Change, 16 Southern University Law Review (1989). 16 Cite Miss Mary case. 17 Id.

their salutation (Mr., Mrs., Ms., Miss, etc.) and their last name; however, when Amakers client, Miss Mary Hamilton took the stand, the opposing counsel began referring to Amakers client as Miss Mary. Amaker recognized that the use of his clients first name was racially motivated; after all, none of the White witnesses even females had been referred to in the same manner.18 The cross examination of petitioner, Miss Hamilton, was as follows:

Q: What is your name, please? A: Miss Mary Hamilton. Q: Mary, I believe -- you were arrested -- who were you arrested by? A: My name is Miss Hamilton. Please address me correctly. Q: Who were you arrested by, Mary? A: I will not answer a question A BY ATTORNEY AMAKER: The witness name is Miss Hamilton. At the trial court level in Alabama, the judge overruled Amakers request on the grounds that the plaintiff was indeed Miss Mary as well, and that this reference was not objectionable. Amaker, troubled by this lack of respect for his client, appealed the case for abuse of discretion at the trial court level.19 Although Amaker was unsuccessful in his appeal of Miss Hamiltons case, he would not take no for an answer. Seeking respect for his client, Amaker and the other NAACP Legal Defense Fund attorneys appealed the decision to the Supreme Court.20 Amaker coauthored the brief which stated: Of course a racial caste status can be imposed in ways other than physical separation The crux of the matter is status, not spatial separation. Petitioners reaction to being called Mary in a courtroom where, if white, she would have been called Miss Hamilton, was not a thin-skinned sensitivity. She was
18 19

Drew S. Days, III, Tribute to Norman Amaker {Speech} 33 (2002). Ex parte Hamilton, 156 So. 2d 926 (Ala. 1963), revd, 376 U.S. 650 (1964). 20 Petition for Certiorari, at 9 (on file with author); Hamilton v. Alabama, 376 U.S. 650 (1964).

responding to one of the most distinct indicia of the racial caste system. This is the refusal of whites to address Negroes with titles of respect such as Miss, or Mrs. or Mr. and to refer to them as boy or girl.21 The Supreme Court not only granted review of the case, but the Court reversed Miss Hamiltons convictions. Thus, through Amakers actions, not only did he gain the trust of his client and show that he respected his client, but also, Amaker was able to set a precedent for the respect needed for other attorneys clients. Knowledgeable and Prepared As stated in the Background section, Norman Amaker was well-educated. Amaker attended NYC public schools. Following high school, Amaker attended Amherst College in 1956, and he received his law degree from Columbia University Law School in 1959.22 Thus, from an academic perspective, Amaker was knowledgeable and educated. Norman Amaker, however, recognized that knowledge went beyond schooling and books. He often sought practical experiences during his education. Additionally, he was known as an avid reader. Amaker felt that the best way to connect with the Civil Rights movement was to read publications from influential readings and attend some of the movements meetings and events. Realistic and Pragmatic Not only was Norman Amaker knowledgeable about the law, but he was often praised for his realistic understanding of the culture and oppression many of his clients faced. He was known for being brutally honest and realistic about the potential liability and penalties faced expected to Civil Rights leaders and demonstrators. This allowed his clients to reasonably
21 22

Ex parte Hamilton, 156 So. 2d 926 (Ala. 1963), revd, 376 U.S. 650 (1964). CURTIS LAWRENCE, Norman C. Amaker, lawyer, teacher. 62 (2000), available at http://ezp.slu.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=edsnba&AN=0EB424819113C 873&site=eds-live.

weigh the consequences of their actions. Additionally, knowing that many of his clients were willing to face jail time and fines, Amaker is often noted as being willing to stand by his clients regardless of the potentially negative outcomes ready with pragmatic solutions and legal courses of action. One example of this type of realism and pragmatism involves a dear friend of Amakers, Dr. Martin Luther King Jr. In April 1963, Dr. Kings movement had built quite a bit of momentum, and King had called for a march on Good Friday in the city of Birmingham, Alabama. The city, however, got an injunction from the state, seeking to stifle Kings efforts. Norman Amaker met with King and some two dozen movement leaders early on Good Friday morning, April 12. Crowded into the sitting room of a hotel in Birmingham, Amaker told King and the movement leaders that although the [state] injunction was probably unconstitutional, any person, including themselves, who violated it would probably be punished regardless. King thanked Amaker for his advice and candor. Notably, however, Amaker went on to finish his remarks by stating that whatever King decided to do the NAACPs Legal Defense Fund would stand behind him in court.23 This shows that Amaker not only provided realistic expectations to his client, but also, Amaker was waiting in the wings with a practical law-based follow-up plan to challenge the constitutionality of the law within the proper channels of the legal system. Thus, Amaker assisted those leaders advocating for social change by striving to eradicate prejudice from the law. His pragmatic solutions also helped to get his clients more quickly released from jail helping to further the Civil Rights movement.

23

Drew S. Days, III, Tribute to Norman Amaker {Speech} 33 (2002).

Risk Taking vs. Risk Mitigating Perhaps the characteristic that helps to identify exemplars of legal ethics from average, every day lawyers complying with legal ethics, is the ability to weigh whether to be a risk-taker or risk-mitigator in the situation in front of them. Most attorneys, while inherently taking on some risks, often try to mitigate losses and risks for themselves and their clients. While many of Amakers cases were about protecting his clients and mitigating risk to clients, when necessary Amaker was not afraid to take risks when requested by the client. In one particular instance, Amaker risked his own life and well-being, while taking a risk for Dr. King. Despite Norman Amakers warning that Dr. King and others would be arrested for marching on Good Friday, April 12th of 1963, Dr. King decided to march.24 King and Amaker, however, realized the potential legal liability they would be exposing other demonstrators to. To protect most persons from being taken to jail, King agreed to select 50 persons to march with him; all were dragged to jail.25 Since it was a holiday weekend, King was not allowed to contact his legal counsel, family, or friends. Over the weekend, King read a letter from local, white Birmingham clergy that chastised outsiders, like King, from coming to their city to spread violence and hatred.26 Additionally, they stated that the African American movement needed to seek more peaceful demonstrations, and that these marches were pre-mature and unwise. King was upset by the clergymens call to wait for justice, and their angst against Kings peaceful sit-ins and demonstrations. King began to pen his infamous Letter from a Birmingham Jail.27 Kings letter embraced the need for civil disobedience within the Civil

24

Edwin S. Newman & Norman C. Amaker, Civil Liberty and Civil Rights; rev. by Norman C. Amaker (Dobbs Ferry, N.Y.: Oceana Publications, 4th ed. 1967). 25 David Benjamin Oppenheimer, Martin Luther King, Walker v. City of Birmingham, and the Letter from Birmingham Jail, 26 U.C. Davis L. Rev. 791 (1992), available at: http://scholarship.law.berkeley.edu/facpubs/602. 26 Id. at 812-813. 27 Id. at 814-15.

Rights movement, and it inspired and fueled the Movement forward. While the words of the letter still live on, most persons do not stop to think about how the letter reached the public. After all, the letter was made public while King was serving a sentence and cut-off from the Movement. Not surprisingly, King did not trust anyone within the jail to deliver his mail. Thus, King eventually requested a lawyer. Amaker volunteered for the position, knowing that it would make him a target for violence from the Movements opponents.28 Once in the room, King asked Amaker to read and help deliver his initial draft of the Letter to leaders of the Movement. Realizing that the draft of the Letter could be considered protected by attorney-client privilege, Amaker accepted the task. Over the next week or so, Amaker carried drafts between the two parties and communicated messages to and from King. Amaker knew that if his actions were discovered by opponents of the Movement, Amaker would likely be severely beaten or possibly killed; however, Amaker recognized the importance of the timing and topic of this Letter. Thus, Amaker pushed forward with his task, and he was the most influential and critical person in making sure that the final Letter from a Birmingham Jail made if from the jail cell, to the printer, and eventually to the public. This example illustrates that when necessary for his clients sake and/or the sake of furthering social change and justice, Amaker was willing to take risks not only for his client but with his own life. Amaker carried this lesson into the classroom into his Civil Rights Law courses.29 Amaker claimed that most legal education prepared future attorneys to fit within the rules and take a conservative approach to clients cases. Amaker, however, attempted to teach

28

David B. Oppenheimer, Martin Luther King, Walker v. City of Birmingham, and the Letter from Birmingham Jail , 26 U.C. Davis L. Rev. 790(1992). 29 CHICAGO TRIBUNE, NEWS, available at http://articles.chicagotribune.com/2000-0611/news/0006110048_1_adam-clayton-powell-naacp-legal-defense-fund-first-year-students.

students that some clients and causes required thinking outside the box and pushing the envelope two of his favorite phrases. Amaker not only realized the benefit of knowing when to be a risk-taker, but he also attempted encourage future lawyers to take risks when necessary as well.30 Advocate for Social Change and Justice The final characteristic of an exemplar of legal ethics is that the person be an advocate for social change and justice. The aforementioned subsections address some of instances of Amakers passion for achieving racial equality; however, if one reads his biography, writings, obituaries, or listened to one of his speeches or lectures, it becomes apparent that his long list of accomplishments for social justice could not be contained in approximately 3,200 words. For the sake of time and space, rather than make an exhaustive list of Amakers achievements, I will only address a few of his other notable achievements for social change and justice. These few examples include: o Being a co-founder of the National Conference for Black Lawyers (NCBL)31 o Representing hundreds of victims of police and dog attacks at Selma, Alabama during a 1965 Civil Rights Movement Demonstration32 o Representing nearly 10,000 demonstrators during the Freedom Rides and other marches across the South33 o Publishing Civil Rights and the Reagan Administration a book that outlined the threat that many of Reagans policies posed to racial equality34 and o Other writings on racial equality.35
30

Norman C. Amaker, Quittin' Time?: The Antidiscrimination Principle of Title VII vs. The Free Market , 60 University of Chicago Law Review (1993). 31 LOYOLA UNIVERSITY SCHOOL OF LAW, WHO IS NORMAN AMAKER?, available at http://www.luc.edu/law/amaker/who_is_norman_amaker.html. 32 Norman C. Amaker, De Facto Leadership And The Civil Rights Movement: Perspective On The Problems And Role Of Activists And Lawyers In Legal And Social Change, 16 Southern University Law Review (1989). 33 Norman C. Amaker, The 1950's: Racial Equality And The Law, 57 Current History (1969). 34 Otis B. Grant, President Ronald Reagan And The African-American Community: Harmful Stereotyping And Games Of Choice In Market-Oriented Policy Reform, 25 Thomas M. Cooley Law Review (2008); BERNARD D. HEADLEY, Civil Rights and the Reagan Administration, 506 Annals of the American Academy of Political & Social Science (1989); Richard J. Maiman, Civil Rights and the Reagan Administration, 18 Perspective (00483494) (1989).

Thus, Amaker not only dedicated his legal career to advocating for social justice, but he spent his entire career including his time in academics to achieving and furthering the goal of racial equality and eradicating injustice.

CONCLUSION
In conclusion, In closing, I feel that it is important to come full circle and reflect on the poem from the beginning of the paper, which stated: it starts when you say Weand each day you mean one more.36 By exemplifying what it means to be a lawyer that advocates for social justice, and by teaching at law schools at the end of his life, Norman Amaker not only lived these words, but he inspired and is responsible for other lawyers increasing the number of disadvantaged persons encompassed by the word We. A few years after his death, Loyola University School of Law began a Norman Amaker Public Interest Law & Social Justice Retreat for law students throughout the Midwest.37 I was selected to attend this retreat twice on behalf of St. Louis University. The retreat provides both inspiration and practical training on how to be more effective as both lawyers and social reformers.38 Additionally, the retreat allowed me to analyze Amaker and other modern advocates for social change, and to search for common characteristics, such as: o o o o o Respect for the Client Knowledgeable and Prepared Realistic and Pragmatic Risk-taking vs. Risk-Mitigating Advocate for Social Change and Social Justice

35

See e.g. NORMAN C. AMAKER, The Haunting Presence Of The Opinion In Brown V. Board Of Education , 20 Southern Illinois University Law Journal (1995). 36 MARGE PIERCY, The Moon is Always Female: The Low Road (Alfred Knopf, 1980). 37 LOYOLA UNIVERSITY, Norman Amaker Public Interest Law & Social Justice Retreat(2012), available at http://www.luc.edu/law/amaker/index.html. 38 Id.

As presented in this paper, Amaker has numerous examples in his life of why he embodies these characteristics and values. Additionally, the recognition of Amaker as namesake for a social justice retreat for lawyers, not only illustrates that he was a memorable attorney, but also that he serves as an exemplar of legal ethics for myself and other future lawyers more than 10 years after his death.