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I felt like a superstar telling nonlawyers I was recently sworn in to practice before the Supreme Court of the United States of America. From a practical standpoint, of course, it was of little consequence to me, but it sure sounded good. I didn't have a pending case at the Court, nor did I foresee any of my cases reaching that level in the near future. And even if one of my cases did wind up there, it's highly unlikely I would be the one to argue it.
Gaining admission to the Supreme Court bar had never crossed my mind until an old friend from law school suggested that the "old gang" should participate in an opportunity offered by the alumni program at Pepperdine Law School. Each year, Dean Kenneth Starr travels with 15 alumni to Washington, D.C., acting as the group's sponsor, and moves for their admission during the Court's first order of business.
For me, getting sworn in was more of an excuse to get to-gether with old law school friends and visit the Supreme Court. I was surprised when it turned out to be much more than that.
The instant you walk into that momentous building, an intrinsic feeling--at times overwhelming--of formality, respect, and reverence asserts itself. Maybe it's the history of the Court that we learned thoroughly in law school, or perhaps it's a reminder of the importance of the cases the Court hears and the realization of how often we actually cite these decisions. When crafting permissible causes of action or defenses, these cases are always in our thoughts.
Those of you who have seen the Supreme Court in action have felt this energy; for those of you who have not, it is worth the trip.
By 9:45 a.m. on October 9, 2007, my friends and I were sitting in the Court. There was a palpable tension mixed with excitement in our group preceding the emergence of the justices about 15 minutes later. Then the Court session began with the admissions process, where the sponsors individually approached the podium and announced each of their candidates' names. We were on the tail end of the 33 attorneys admitted that day, and as our names were announced, we stood up, one by one. Dean Starr and Chief Justice John Roberts engaged in some formal yet lighthearted banter, which was a welcome break from the seriousness in the room and resulted in smiles from the audience. After the last name was announced, all 33 attorneys stood and were sworn in as a group. As we sat down, Chief Justice Roberts looked our way, smiled, and welcomed us to the Court.
As fortune would have it, our trip coincided with the Stoneridge case, which had been touted as one of the most important securities industry cases in recent years. It was a case close to my heart, as at the time I was an enforcement attorney at the U.S. Securities and Exchange Commission, and the issues were eerily similar to an accounting fraud trial I worked on against Henry Yuen, the former CEO of Gemstar-TV Guide.
Hearing this case added so much more to my experience. I felt privileged to witness a case of this magnitude--one in my field, no less--argued at the highest court in our country. I tried to remember everything about the session that wouldn't show up on the record--such as the justices' expressions and tone when asking questions--to share with my colleagues at the SEC.
I could also feel a little of the pressure in the courtroom every time counsel took center stage to argue the case and field questions from the justices. But what stuck with me most wasn't the clashing arguments or even the importance of the case; it was the camaraderie among the participants. Of course, I had my own opinions regarding the facts of the case, but I was proud to find myself rooting for both sides to perform well.
In the courtroom, we were all together, even the observers. I felt connected by a common love of the law to all the attorneys present.
It's easy to get bogged down in the drudgery of litigation and discovery, and by the general adversarial nature of our jobs. But an experience like this one can remind practitioners how important and exciting the law can be. It did so for me.
Andrew J. Dunbar is an associate at Sidley Austin in Los Angeles.
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Usman Baporia
Daily Journal Staff Writer
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