Forget strict constitutionality, or Framers’ intent. The law is an art form. “An opportunity for individualized expression” is what potential Supreme Court Justice Harriet Miers wrote in the Texas Bar Journal in May 1993.
In her article “Science, Business or Art” Miers explored lawyer job dissatisfaction and said, “Being a good lawyer is in part science, but in large measure an art form.”
To alleviate displeasure, Miers encouraged lawyers to be more creative in their approach to the law, perhaps discovering new ways to drum up business.
“If lawyers remember their craft is an art, an opportunity for individualized expression [emphasis added], possibly some of the discontent could be eradicated,” she wrote.
She goes on, “Reexamination of a form that has been used a thousand times, thoughtfully revamping a pleading used over and over again, reviewing the rules or researching changes in laws of other jurisdictions, will first and foremost increase the quality of services rendered to clients.”
Finally, “The result could be a revolutionary new cause of action, such as, lender liability claims.”
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