Dear Megan: a grandfather's lesson in the law.

As I was preparing to write this column, I received word that Richard Gerry of La Jolla, California--a great trial lawyer, 1981-1982 ATLA president, and, most important, an extraordinary human being--had passed away at age 80, succumbing in his battle with lung cancer.

Dick was the law partner of David Casey Jr., our immediate past president and my good friend. Dick's family, friends, and the entire trial lawyer community will miss him terribly.

Although I had come to know something about Dick through my recent work with David, I wish I had known him better. Fortunately, it's possible to get to know a person by hearing or reading his reflections on his life's pursuit. Shortly after Dick's death, I learned from our colleague, former ATLA president Russ Herman, that Dick had left a brief but revealing written record of his thoughts on his career in the law.

Questions and answers

A few years ago, Dick's granddaughter; Megan, was researching facts about the legal profession and law practice for a school paper, and she asked him to answer some questions.

He wrote her a letter, explaining simply and eloquently the essence of being a lawyer. I share some of his remarks with you here because they speak volumes about Dick and our profession.

On the one hand, Dick explained in detail very practical matters such as law school, the bar exam, state licensing, practice areas, and legal research. On the other band, he wrote from the heart about what made his work as a lawyer so important to him.

Dick explained to Megan how trial lawyers help protect individual rights. "It is these rights width set our country apart from most of the rest of the countries of the world," he wrote. "These rights are what make us the freest people in the world."

He continued,

   Sometimes, like now after the September
   11 attack, some people talk about giving up
   some of these rights. To do so would be a
   terrible mistake. If these rights can be
   taken away from some people, there would
   be a movement to take them away from
   other groups. We have fought hard to earn
   these rights and should do everything in
   our power to keep them.

Dick went on to describe the important function of the trial process: "In questioning witnesses, in or out of court, you should be able to evaluate the witness, decide whether the testimony is truthful or not, and be prepared to cross-examine each witness in a search for the truth, which is what a trial is all about."

As I read this grandfather's description of the work of a civil trial lawyer, I sensed immediately his love for the profession and the pride he took ill representing his clients. Dick's message about the importance of individual rights and the trial lawyer's search for truth is, of course, as important as ever today.

Constant learning

He noted the aspect of our work that perhaps challenges us most but also brings the greatest intellectual satisfaction: "Probably the best thing about being a trial lawyer is that you continue to learn during the entire duration of your practice, because you are continually confronted by new problems in new cases in new areas of the law."

Near the end of his letter, Dick gave his granddaughter a balanced assessment of the many roles that trial lawyers play in society:

   All in all, I can think of no other profession
   which can offer so varied a choice or provide
   as much satisfaction as being a trial
   lawyer. If you are a prosecutor you have the
   satisfaction of putting bad people in jail
   and making the society safer for its citizens.
   If you ave a criminal lawyer, you have the
   satisfaction of protecting the lights of the
   accused and preventing the conviction of
   innocent people. If you are a plaintiff trial
   lawyer, you can assist widows, orphans, and
   injured people by providing them with a
   better chance of living a good life. If you
   are a company lawyer, you can help to keep
   the company out of trouble.

It's clear that although Dick toiled for plaintiffs in civil cases and cherished that role, he had a deep appreciation for the art of advocacy--regardless of the party represented.

Appreciation

I'm sure Megan will miss her grandfather, as will her family and all his friends. It may help them to know how much his colleagues in the trial bar appreciate his hard work for his clients and the enormous contributions he made to the profession and the public at large.

Trial lawyers face significant challenges today, but we approach them with great confidence, energized by the words of Dick Gerry and inspired by his unwavering commitment to justice.