Redeeming Law: Part III Discussion

[Mike Schutt]

Any comments or insight you folks could share from your experience or questions to others on the topics of Part III of Redeeming Law?

We're done on Thursday, so here are some topics you might want to address:

-Identity issues: how we see ourselves as lawyers
-Money, Sex, and Power issues
-Truth issues: specific ideas on thinking faithfully about the substance of the law

Mike

[April Harrid]

I am currently a law student and after reading your book, I have come to realize so much that my school fails to teach me—some of the most essential things I need to know to be not only a moral lawyer but a Christian lawyer as well. I have yet to take a professional responsibility class, but I liked how the book stated that the rule of ethics that lawyers are to follow is only the bare minimum, but we as Christians aspiring to be lawyers must follow a higher standard.

I am glad and appreciative to have read this book before entering my second year in law school because I now have the opportunity to do it right. I am still “new” to the legal field and still malleable and able to be molded into what a Christian lawyer should be. Part three touches on a lot of key points that have answered a lot of the questions I have been wondering myself, but just thought that I could figure them out as a go through law school.

I have already had some identity issues that I have faced in my first year of law school. I went to law school thinking I can be a Christian lawyer some day, but after a semester in, I was constantly told by peers that if you want to make it in law school, you have to do whatever it takes to make the best grades, even if it means bending the rules or somehow giving yourself an unfair advantage. I got a little discouraged because I wasn’t making the best grades when I stuck to my “Christian values” and wanted to be fair. I began to think, exactly how could I be a Christian and a lawyer? After reading this book, I am glad I did and was not just someone who said “the system made me do it.”

However, I too am guilty of entering the legal profession with hopes of making a good living, helping people and continuing to just go to church every Sunday. I never thought of what my calling was or purpose that God wants me to fulfill in the legal field. My goals have all been about what I wanted, but not about what I thought God would want. Money has definitely been an influence in my law profession. It has dictated what law school I go to, how much I spend, how much I give back, and even where I’m working this summer.

I have to be careful and not let money have power over me or control my life. I figured that once I make my high paying attorney job, all my problems would be solved, but that is incorrect thinking. Making a lot of money is not the ultimate sign of success. Without theological teachings in my school, it is easy to get caught up into what man’s idea of success is rather than God’s.

I am glad to have read this book, because it has allowed me to think more theologically and prepare before entering my second year of law school.

[Britton Weimer]

Chapter 12 (Law and Truth) has many interesting topics. One that is very important IMO is the discussion of litigation between Christians. About 3 years ago I defended a pastor in an employment lawsuit by a former associate pastor. It was unpleasant. Still, I was interested to discover that both federal law and state (Minnesota) law establish a number of barriers to church employment litigation, especially when deciding the material issues would require the judge or jury to decide questions of religious doctrine and practice. The law encourages Christians to do the right thing -- to resolve such disputes out of court whenever possible.

I have been thinking recently of the importance of having arbitration provisions in church employment contracts, to prevent Christian employees from having to consider litigation if the church does not abide by its legal obligations. In my experience, such arbitration provisions are rare in church employment agreements and employee handbooks. I would be interested in any comments about why this might be, and whether there is any material downside to such provisions.

[Mike Schutt]

Thanks April and Britt for these good thoughts. And thanks for the kind words, April! Thanks for your good ministry to law students this summer, too!

I found your comments encouraging because it reminds me there are students out there who are willing to dig in and think about important issues in law school. The "identity" thing remains a challenge for many law students, and it's a challenge, as you point out, to keep your priorities straight-- it really requires an almost counter-cultural stance.

MPS

[Mike Schutt]

That's an interesting point on Minnesota law, Britt. I think you're exactly right-- the law here encourages churches and parishioners to do the right thing, yet we have so few mechanisms in the church to properly handle conflict within the body of Christ. Peacemakers Ministries is a good resource, of course, offering training and sample mediation clauses (we use them in all contracts at CLS, for example) for those within the church. I agree that this is a very important issue.

I also think, btw, that these laws help the state do the right thing as well-- refrain from doctrinal pronouncements! I've noticed that sometimes the state likes to pronounce on these matters. Statutes like these are helpful jurisdictional barriers.

MPS

Britton Weimer said:

Chapter 12 (Law and Truth) has many interesting topics. One that is very important IMO is the discussion of litigation between Christians. About 3 years ago I defended a pastor in an employment lawsuit by a former associate pastor. It was unpleasant. Still, I was interested to discover that both federal law and state (Minnesota) law establish a number of barriers to church employment litigation, especially when deciding the material issues would require the judge or jury to decide questions of religious doctrine and practice. The law encourages Christians to do the right thing -- to resolve such disputes out of court whenever possible.

I have been thinking recently of the importance of having arbitration provisions in church employment contracts, to prevent Christian employees from having to consider litigation if the church does not abide by its legal obligations. In my experience, such arbitration provisions are rare in church employment agreements and employee handbooks. I would be interested in any comments about why this might be, and whether there is any material downside to such provisions.