Recently, it was my privilege to attend the swearing-in ceremonies in Knoxville and Nashville for new admittees to the bar in Tennessee. I want to thank the Supreme Court for spending its valuable time touring the state and giving our new lawyers this special experience. The ceremony is meaningful and helps to cement the bond we all share within the profession. The court granted me a few minutes to speak, and I spent that time trying to impress upon the attendees that they are now part of a larger whole, with obligations to one another and the public.

Coming on the heels of those ceremonies, our nation elected the 45th President of the United States. The campaign was marked by bitter divisiveness, which was reflected in the remarkably close division of the popular vote. In watching the results of the election and listening to the commentary that followed, I was struck by the fact that our entire profession, newly admitted attorneys and seasoned veterans, needs to be united now more than ever in our commitment to the profession and its bedrock principles.

There is nothing particularly wrong with a citizenry and elected officials who are divided on issues. Often that mixture is the catalyst to fully informed debate and understanding.

Unfortunately, based upon the current rhetoric, we are no longer engaging in those debates. Both sides talk past one another, often inflexible to compromise, in an effort to “win” for their side or political views. We have turned politics into a game that can be won or lost instead of an attempt to govern and bring people together. The inability of our society to embrace the concept that politics is about compromise and individual sacrifice for the good of the whole led to the campaigns we saw this year that have now left many on both sides of the political spectrum deeply hurt and concerned. 

People so divided and so hurt can easily lose confidence in their institutions of government. When leaders refuse to build consensus or engage in open, mature debate, people feel neglected and discarded, or even worse, fearful. It is our obligation to restore that confidence.

Alexis de Tocqueville, in his seminal work Democracy in America, stated that “without [the] admixture of lawyer-like sobriety with the democratic principle, I question whether democratic institutions could long be maintained.”  He was positing that lawyers and judges, in their adherence to rule and order, act as a bulwark against the potential for tyranny of the majority. I would go even a step farther. Lawyers and judges are a conduit for free debate and understanding. We have the ability to make voices heard and assure that opinions are valued. Importantly, we can provide that opportunity in a controlled and structured environment, operating within the framework of our democratic institutions. If there is an opportunity for consensus building and unity in today’s political climate, the legal profession can and should facilitate that.

Senator Howard Baker Jr. is famously quoted as saying “[y]ou should always go through life working on the assumption that the other guy might be right.” There are limits to this maxim. Some of the things said during this election clearly were not right. However, it is worth considering that perhaps the rhetoric of the campaign was a direct consequence of the fact that, as a society, we are losing the ability to listen to one another.

I trust that those lawyers admitted this past month understand their new role and appreciate that they are guardians of our democratic institutions and voices for those who need a voice, regardless of political affiliation. I know that our bar is full of people who will mentor them on these obligations.

Now, more than ever, our profession is needed to lead in an uncertain time.

JASON H. LONG is a partner with Lowe, Yeager & Brown in Knoxville. A graduate of the University of Tennessee College of Law, he is a past president of the TBA Young Lawyers Division and the Knoxville Bar Association Barristers.