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Supreme Cheats

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published December 08, 2011

By CEO and Founder - BCG Attorney Search left

Alan Dershowitz on no-good, lousy judges-and how to stop them.

When I was a law student, we had heroes. Clarence Darrow was the attorney for the damned. Thurgood Marshall risked his life to bring about racial equality. Our fictional heroes were perfect, too. Perry Mason never lost. Atticus Finch acted solely on principle. Then, of course, there were the Supreme Court justices: black-robed icons who stood above reproach. Generations of law students were brought up on Gideon's Trumpet, Anthony Lewis' hagiographic account of how the noble justices provided counsel for an indigent who then proved his innocence.

Today, our heroes have clay feet. It turns out that Clarence Darrow almost certainly bribed jurors (though he was a great trial lawyer). Thurgood Marshall was a mediocre courtroom lawyer (though a great legal strategist). Our current fictional legal antiheroes-as created by the likes of John Grisham-tend to be ethically challenged drunks, opportunists or sexual predators. And now we learn that a majority of our Supreme Court justices cheated in order to secure the presidential election for their candidate.

If you think that "cheat" is too strong a word, consider the following law school hypo: Imagine if, six months before the election case, 1,000 of the most prominent constitutional-law professors, Supreme Court litigators and journalists who cover the High Court had been given an approximation of the majority opinion in the Florida case. Only here's the twist. The names of the litigants and their party affiliations were not provided. Suppose further that each of the experts had then been asked to rank the sitting justices on a scale of most likely to least likely to (1) grant a stay to stop the recounting and (2) permanently end the hand recount on the grounds that the "intent" of the voter was a standard so imprecise that it violated the equal protection clause.

Is there anyone who believes the experts would have predicted the votes of the five justices as they actually wound up voting? Please. To the contrary, most surely would have predicted that, on the basis of their prior decisions, Chief Justice William Rehnquist and Justices Antonin Scalia, Clarence Thomas and Sandra Day O'Connor would have been the least likely to join such a decision. After all, these judges have repeatedly ruled that the same equal protection clause is not violated when the state executes convicted murderers on the basis of far less precise standards. Had then-Vice President Al Gore been ahead by a few hundred votes and then-Governor George W. Bush been seeking a recount, I have no doubt these justices would have mocked any equal protection claim made by Gore.

If I am right-and you know I am-then what else could this be but cheating? To render judgment based on partisan politics-on the party affiliations of the litigants-is to violate the first rule of judging: Never decide a case on the basis of favoritism.

Okay, so now you believe that some justices cheat. You probably already suspected that some lower-court judges play favorites with lawyers and litigants who supported their election or appointment. But Supreme Court justices? That came as a surprise even to a lifelong cynic like me. What does this revelation do to your commitment to the rule of law? Does it give you a license to cheat?

My hope is that it redoubles your commitment to the rule of law and to total honesty in its practice. It should also make you more suspicious of all legal and judicial institutions. Trust no one in power, including-especially-judges. Don't take judicial opinions at face value. Go back and read the transcript. Cite-check the cases. You will be amazed at how often you will find judges "finessing" the facts and the law. Too often, legal observers take as a given judges' intellectual honesty. It's up to you to do a better job. If you smell a rat, blow the whistle to the Judicial Conference, the American Bar Association, Congress. At the same time, protect yourself from accusations of unprofessional conduct by being absolutely sure of your criticism (never forget that judges and lawyers protect one another).

In the meantime, get real. Understand that judges are human beings and that in America most of them have gotten where they are by playing the partisan political game, and playing it well. The best check on the judiciary is a suspicious consumer.

It must start in law school. It must start with you.

About Harrison Barnes

No legal recruiter in the United States has placed more attorneys at top law firms across every practice area than Harrison Barnes. His unmatched expertise, industry connections, and proven placement strategies have made him the most influential legal career advisor for attorneys seeking success in Big Law, elite boutiques, mid-sized firms, small firms, firms in the largest and smallest markets, and in over 350 separate practice areas.

A Reach Unlike Any Other Legal Recruiter

Most legal recruiters focus only on placing attorneys in large markets or specific practice areas, but Harrison places attorneys at all levels, in all practice areas, and in all locations—from the most prestigious firms in New York, Los Angeles, and Washington, D.C., to small and mid-sized firms in rural markets. Every week, he successfully places attorneys not only in high-demand practice areas like corporate and litigation but also in niche and less commonly recruited areas such as:

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  • And many more...

This breadth of placements is unheard of in the legal recruiting industry and is a testament to his extraordinary ability to connect attorneys with the right firms, regardless of market size or practice area.

Proven Success at All Levels

With over 25 years of experience, Harrison has successfully placed attorneys at over 1,000 law firms, including:

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He has also placed hundreds of law firm partners and has worked on firm and practice area mergers, helping law firms strategically grow their teams.

Unmatched Commitment to Attorney Success – The Story of BCG Attorney Search

Harrison Barnes is not just the most effective legal recruiter in the country, he is also the founder of BCG Attorney Search, a recruiting powerhouse that has helped thousands of attorneys transform their careers. His vision for BCG goes beyond just job placement; it is built on a mission to provide attorneys with opportunities they would never have access to otherwise. Unlike traditional recruiting firms, BCG Attorney Search operates as a career partner, not just a placement service. The firm’s unparalleled resources, including a team of over 150 employees, enable it to offer customized job searches, direct outreach to firms, and market intelligence that no other legal recruiting service provides. Attorneys working with Harrison and BCG gain access to hidden opportunities, real-time insights on firm hiring trends, and guidance from a team that truly understands the legal market. You can read more about how BCG Attorney Search revolutionizes legal recruiting here: The Story of BCG Attorney Search and What We Do for You.

The Most Trusted Career Advisor for Attorneys

Harrison’s legal career insights are the most widely followed in the profession.

Submit Your Resume to Work with Harrison Barnes

If you are serious about advancing your legal career and want access to the most sought-after law firm opportunities, Harrison Barnes is the most powerful recruiter to have on your side.

Submit your resume today to start working with him: Submit Resume Here.

With an unmatched track record of success, a vast team of over 150 dedicated employees, and a reach into every market and practice area, Harrison Barnes is the recruiter who makes career transformations happen and has the talent and resources behind him to make this happen.

A Relentless Commitment to Attorney Success

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Harrison’s work is backed by a team of over 150 professionals who work around the clock to uncover hidden job opportunities at law firms across the country. His team:

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A Legal Recruiter Who Changes Lives

Harrison believes that every attorney—no matter their background, law school, or previous experience—has the potential to find success in the right law firm environment. Many attorneys come to him feeling stuck in their careers, underpaid, or unsure of their next steps. Through his unique ability to identify the right opportunities, he helps attorneys transform their careers in ways they never thought possible.

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For attorneys who think their options are limited, Harrison Barnes has proven time and time again that opportunities exist—often in places they never expected.

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? Submit Your Resume Here to get started with Harrison Barnes today.

Alternative Summary

Harrison is the founder of BCG Attorney Search and several companies in the legal employment space that collectively gets thousands of attorneys jobs each year. Harrison’s writings about attorney careers and placement attract millions of reads each year. Harrison is widely considered the most successful recruiter in the United States and personally places multiple attorneys most weeks. His articles on legal search and placement are read by attorneys, law students and others millions of times per year.

More about Harrison

About LawCrossing

LawCrossing has received tens of thousands of attorneys jobs and has been the leading legal job board in the United States for almost two decades. LawCrossing helps attorneys dramatically improve their careers by locating every legal job opening in the market. Unlike other job sites, LawCrossing consolidates every job in the legal market and posts jobs regardless of whether or not an employer is paying. LawCrossing takes your legal career seriously and understands the legal profession. For more information, please visit www.LawCrossing.com.
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