I was watching an old movie (not that old, but “old” is truly a relative term) and they happened to include the oath for admission to the Florida State Bar (lawyer stuff). It seems like the kind of thing that surely at least 50% of lawyers (one might say “especially in Florida”) must be in violation of. So, on a whim, I looked up the Oregon State Bar Oath:
That I will faithfully and honestly conduct myself in the office of an attorney in the courts of the State of Oregon; that I will observe and abide by the Rules of Professional Conduct approved by the Supreme Court of the State of Oregon; and that I will support the Constitution and laws of the United States and of the State of Oregon. To the court, opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications.
I hope that this document has been gone over with the students thoroughly by the teachers at Law School, but frankly I am dubious of that. The reason I hope this is that I can think of so many interpretations for the above words that I’m just really, truly not sure what it is intended to mean.
I have to assume each one who takes this oath is well and completely versed in “the Rules of Professional Conduct approved the Supreme Court of the State of Oregon.” Question: if those — herein unidentified — rules change, does every lawyer in the state retake this oath? Which set of rules is he swearing under oath to abide by? If the rules of conduct change, do all practicing lawyers get notice? Are they required to pass any examination concerning them?
There are also some serious problems and potential conflicts: what would I, if I were under the obligations of such an oath, do if there were, say, a conflict between the Laws of Oregon and the Laws of the United States? It’s not even hypothetical, here: Marijuana is legal in Oregon, decidedly not at the federal level. I see no way to resolve this conflict under the oath as stated.
What does “faithfully and honestly” means? How would I know if I am being those? How would I know if I’m being neither of those? What does it look like? Faithful… we can kind of grab the meaning from that, though I have to ask “faithful to what?” But honestly? That has become one dang slippery term in these latter, degenerate days.
Civility… really? Has no Oregon lawyer ever been rude, either in writing or in spoken words? Truly? Is being rude, under any occasion, sufficient to be disbarred? It would be a violation of the oath, and violations of the oath are supposed to mean you can be disbarred. If I forget to say “Sir” to some one, that’s a lack of civility, by any definition… does it get me disbarred?
Leave us not be silly.
So… ladies and gentlemen of the jury, I think I have demonstrated that at least one portion — and likely two — of the Oregon Bar Oath are unenforceable, due to be badly worded. If one part is, then what does that do for the rest?
It’s a vague oath, at best, impossible at worst — and both of those positions (“best” and “worst”) can be equally argued. You’d think folks who make their livings by the precise meaning of words would know better. On the other hand, I’m not a lawyer. All I can go by is, in fact, the exact meaning(s) of the words presented here.
What I do know, with my present understanding, is that I could not in good faith possibly take this oath myself. It’s impossible to live up to. At least I think it is… I’m really not sure what it means.