Who Is the Lawyer of the Century
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Who Is the Lawyer of the Century
Fjgjl Digital Commons@\JFwW Loyola Marymount UniversityNjjjjz LMU Loyola Lav/ SchoolLoyola of Los Angeles Law ReviewVolume 33Number 2 Symposium on Tri Who Is the Lawyer of the Centuryials of the CenturyArticle 536526Who Is the Lawyer of the CenturyGerald F. UelmenFollow this and additional works at: https7/digitalcommons.lmu.edu/llrPart of the Law CommonsRecommended CitationGerald F. Uelmen, Who 1$ the Lawyer of the Century, 33 Loy. L A. L. Rev. 613 (2000).Available at: https:// Who Is the Lawyer of the Centurydigitalcommons.lmu.edU/llr/vol33/iss2/5This Symposium is brought to you for free and open access by the Law Reviews at Digital Commons (p Loyola MarymWho Is the Lawyer of the Century
ount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles Law Review by an authorized administrator of DigitaFjgjl Digital Commons@\JFwW Loyola Marymount UniversityNjjjjz LMU Loyola Lav/ SchoolLoyola of Los Angeles Law ReviewVolume 33Number 2 Symposium on Tri Who Is the Lawyer of the CenturyTURY?Gerald F. Uelmen*I. IntroductionEvery lawyer should have a hero. Mine has always been Clarence Darrow. As a high school student, it was reading Darrow’s biography by Irving Stone,* 1 and reading the closing arguments in his famous trials,2 that inspired me to pursue a career as a lawyer. I disc Who Is the Lawyer of the Centuryovered I was not alone. Thousands of other lawyers had found the same inspừation and also looked to Darrow as their hero. For fifteen years I kept a pWho Is the Lawyer of the Century
ortrait of Darrow hanging over my desk, and I frequently found myself gazing up and asking, “Would Clarence Darrow turn down this case? What would ClaFjgjl Digital Commons@\JFwW Loyola Marymount UniversityNjjjjz LMU Loyola Lav/ SchoolLoyola of Los Angeles Law ReviewVolume 33Number 2 Symposium on Tri Who Is the Lawyer of the Centuryblished an account of the 1912 Los Angeles trials of Clarence Darrow for jury bribery.3 The charges were brought in the wake of a case in which two labor organizers, the McNamara brothers, were accused of dynamiting the Los Angeles Times building on October 1, 1910. Police detectives* Professor of L Who Is the Lawyer of the Centuryaw, Santa Clara University School of Law. Professor Uelmen was co-counsel for the defense in two “trials of the century”: the “Pentagon Papers” trialWho Is the Lawyer of the Century
of Daniel Ellsberg, and the trial of O.J. Simpson. He would like to acknowledge the inspiration and insight provided by Yale Ka-misar, the Clarence DaFjgjl Digital Commons@\JFwW Loyola Marymount UniversityNjjjjz LMU Loyola Lav/ SchoolLoyola of Los Angeles Law ReviewVolume 33Number 2 Symposium on Tri Who Is the Lawyer of the CenturyDarrow over one-hundred times, and who portrayed William Jennings Bryan in the one-man play authored by Professor Uelmen. Sam Kiamanesh, Santa Clara Law School class of 2000, assisted in the research for this article.1.Irving Stone, Clarence Darrow for the Defense (1941).2.The best collection of arg Who Is the Lawyer of the Centuryuments from Darrow’s famous trials is still Attorney for the Damned (Arthur Weinberg ed„ 1957).3.Geoffrey Cowan, The People V. Clarence Darrow: The BrWho Is the Lawyer of the Century
ibery Trial of America’s Greatest Lawyer (1993).613614 LOYOLA OF LOS AỈIGELES LAW REVIEW [Vol. 33:613 observed Darrow’s chief investigator, Bert FrankFjgjl Digital Commons@\JFwW Loyola Marymount UniversityNjjjjz LMU Loyola Lav/ SchoolLoyola of Los Angeles Law ReviewVolume 33Number 2 Symposium on Tri Who Is the Lawyer of the Centurychange their plea to guilty. One of the detectives who arrested Franklin later testified that immediately after the money was delivered to the juror, Darrow himself came running up and exclaimed, “They’re on to us, Bert.”Although Darrow was never convicted of jury bribery,4 Professor Cowan presents Who Is the Lawyer of the Centuryconvincing evidence that he was, in fact, guilty as charged. In a review of Professor Cowan’s book, Professor Alan M. Dershowitz5 concluded that “theWho Is the Lawyer of the Century
convincing evidence that he bribed jurors in the McNamara case forever disqualifies Darrow from being a role model for lawyers.”6 Proclaiming that theFjgjl Digital Commons@\JFwW Loyola Marymount UniversityNjjjjz LMU Loyola Lav/ SchoolLoyola of Los Angeles Law ReviewVolume 33Number 2 Symposium on Tri Who Is the Lawyer of the Centurye of honor he has proudly borne over most of this century.”7 I briefly contemplated removing the portrait hanging over my desk and looking for another hero.The purpose of this Essay is to identify the defense lawyers who may have a legitimate claim to the mantle of honor as the “lawyer of the centur Who Is the Lawyer of the Centuryy,” and assess those claims next to the claim of Clarence Darrow. Should Darrow continue to serve as a role model for the lawyers of the next century?Who Is the Lawyer of the Century
I conclude that despite the evidence that he may have been guilty of jury bribery, Clarence Darrow fully redeemed himself in his subsequent quarter-cFjgjl Digital Commons@\JFwW Loyola Marymount UniversityNjjjjz LMU Loyola Lav/ SchoolLoyola of Los Angeles Law ReviewVolume 33Number 2 Symposium on Tri Who Is the Lawyer of the Centuryd as the4.Two separate trials resulted in an acquittal and a hung jury. In the first trial, which resulted in an acquittal, Earl Rogers, the legendary Los Angeles defense lawyer, represented Darrow. Joseph Ford, who later served as the first dean of Loyola Law School in Los Angeles, headed the prose Who Is the Lawyer of the Centurycution. See Gerald F. Uelmen, The Lawyer Who Saved Clarence Darrow, Criminal Defense, May-June 1983, at 28. Darrow represented himself at the second tWho Is the Lawyer of the Century
rial, in which the jury hung eight to four for conviction.5.Professor Dershowitz is himself a contender for honors as “defense lawyer of the century.”Fjgjl Digital Commons@\JFwW Loyola Marymount UniversityNjjjjz LMU Loyola Lav/ SchoolLoyola of Los Angeles Law ReviewVolume 33Number 2 Symposium on Tri Who Is the Lawyer of the Century supra note 3).7.Id.January 2000] THE LAWYER OF THE CENTURY615twentieth-century lawyer who, more than any other, should serve as a role model of what lawyers should strive to become. Who Is the Lawyer of the CenturyFjgjl Digital Commons@\JFwW Loyola Marymount UniversityNjjjjz LMU Loyola Lav/ SchoolLoyola of Los Angeles Law ReviewVolume 33Number 2 Symposium on TriGọi ngay
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