Judge Richard Paez's commencement speech to the USC Law Class of 2002

Dean Spitzer, distinguished members of the faculty, graduates, family, and friends:

Let me begin by congratulating the Class of 2002. You made it, and for that you should be proud. I would also like to offer my congratulations to the families and friends of the graduating class. You have invested well, and you will soon have your own in-house counsel who you should feel free to call for legal advice at any time on any problem.

I am honored to be here this afternoon to speak to the graduating Class of 2002. When Dean Spitzer called to invite me to speak today, several thoughts immediately came to mind. First, a question — Why would today's graduates ask me to speak? Second, I thought about my own graduation from law school 30 years ago. And third, I asked myself what advice or wisdom could I share with the graduates. After thinking about these matters for a few moments and talking to Dean Spitzer, it occurred to me that with my judicial and legal experience, I had standing to offer some advice and insight into the legal profession. If nothing else, my own career path suggests that there are alternative ways of achieving professional satisfaction and that it might be useful to share my experiences with you. So, with the Dean's encouragement, I readily accepted the invitation.

As for my own graduation from law school, it was, of course, very similar to today's ceremony. Our speaker was the late California Supreme Court Justice Matthew Tobriener. I have a vivid memory of him standing at the lectern as he delivered his commencement address, but I do not recall what wisdom or advice that he shared with us that day. I am certain, however, that my failure to recall Justice Tobriener's speech has nothing to do with the content of his remarks, and everything to do with the events of that day and my preoccupation with what loomed ahead: the Bar Examination, my first legal job and relocating to a new community. So, I recognize that I have a considerable challenge this afternoon.

This of course leads me to the ultimate question of what advice, wisdom or insight I should share with the Class of 2002. Although numerous topics occurred to me, some fairly current—such as the need to preserve our basic constitutional rights in a post-September 11 world, or the need to preserve and protect the independence of the judiciary, or the need to restore professionalism and civility to the practice of law, I decided to share some personal experiences and speak to you about career choices and what you might consider when you are confronted with the reality of practicing law.

I was recently at a 50th birthday party for a good friend who is a criminal defense attorney here in Los Angeles. While visiting with my friend's father, I learned that his father had also been a criminal defense lawyer for his entire career, some 50 years, and that he had recently retired. I mentioned that I was going to be the commencement speaker for USC Law and asked what advice he would offer to someone just starting a legal career. He said, "Tell them that they have chosen a profession that will offer them countless opportunities. Their challenge is to find a career in which they can make a difference and that will allow them to contribute to their community."

We continued to talk about the legal profession, life as a criminal defense attorney and his concern with minimum mandatory sentences. At some point, I asked him whether he had any regrets about his career. Without hesitation, he said, "No, I loved my work as a criminal defense attorney." That comment, from a lawyer at the end of his career, resonated with me and prompted me to think about my own career path and what considerations motivated my choices.

Choosing a career path is one of the most important decisions that you will make. Not only will it affect your quality of life, but it will also have a significant impact on your family. The practice of law today is demanding and it consumes a substantial amount of time. There will always be another case to read, a brief or memorandum to write or rewrite, a client or witness to interview, or another case or transaction that needs attention. Here then, are the concerns that I have tried to keep in mind in making my career choices.

1. Passion.
If at all possible, chose a career path that you feel passionate about. It need not be passionate romantic love, but it helps if you have some passion for your work. For many of you, this may seem like an illusive goal. Substantial student loans, family commitments, and years of limited income may require many of you to accept employment that under different circumstances you might reject. There will be other choices, and I urge you to ask, "Will I feel passionate about my work?" When you begin working 12-14 hours a day, 6-7 days a week, it helps if you at least like your work—better yet, if you feel passionate about it.

In my own experience, when I left law school, I knew from all the cases that I read and from discussions with my professors that, as a lawyer, I would be in a position to make a difference for my clients and community. I was determined to use my knowledge and skills in a different way. It was important to me that I use my legal skills to help those who did not have access to traditional legal services. As I reflect on those early years, it was an exciting time, and I loved my work. It solidified my commitment to public interest and public service work. When the time came to consider new challenges and to step away from the cutbacks in federal funding for legal services and the restrictions on the types of cases that we could handle, I only seriously considered public service. When former Governor Jerry Brown offered me the opportunity to serve on the Municipal Court, I promptly accepted. I never regretted that decision, and I have never looked back.

If you feel passionate about your work, you will be successful, and the personal and financial rewards will follow whether you work for a large firm, the government, a public interest organization, or whether you pursue a teaching, judicial or business career.

2. Avoid a Master Plan
When I left law school, I did not have a master plan for my career. In fact, I doubt that I ever had a strategy for attaining my professional goals. I had thought that someday — in the later years of my career — a judgship would be a worthy goal. Had I seriously considered a judicial career 30 years ago, I doubt that I would have ever worked in legal services as long as I did. I would have followed a more conventional path. Yet, had I been more conventional in my professional choices, I doubt that I would be a federal court of appeals judge today. What I did not appreciate as a young lawyer but understood later was that, by pursing my interests, it would help confirm and define my career path. It was during those early years that I learned first hand how judges affect people's lives and the critical role they play in our civil and criminal justice systems. As it turned out, the opportunity to change careers came earlier than I ever anticipated, and although I may have a been a bit young and overly confident, I did not think twice about switching from advocate to judge.

It is important to have career objectives and goals, but one must pursue them with flexibility and resourcefulness. Your career goals will change, and you must have the courage to make changes. This brings to my next and related point.

3. Do Not be Afraid of the Unknown
There is a need in all of us to have a sense of security and comfort in our daily work routine. Lawyers are no different. They work in a complex world of ambiguously written statutes, long-winded judicial opinions, unpredictable and overly demanding partners, judges and clients. Searching for a safe environment is understandable, but when presented with new and different challenges in your area of practice or new career opportunities, don't hesitate to accept them. You are well prepared to take on new and different responsibilities.

Throughout the past 30 years, I have found nothing more fulfilling than pushing the limits of my experience. At the time of my appointment to the Municipal Court, I had virtually no criminal law experience. I soon found myself assigned to a misdemeanor jury trial calendar. To this day, I remember the anxiety and uncertainty that I felt presiding over my first criminal jury trial. I learned a great deal from that experience, and it gave me the confidence to move from one assignment to another, and ultimately from one court to another.

As you pursue your professional goals, do not be afraid of the unknown. By accepting new challenges and responsibilities you will mature into a seasoned lawyer.

4. Pro Bono Work — Community and Public Service
Your career choices should include a commitment to public service, pro bono work and community service. With your legal knowledge, training and skills, you should not hesitate to offer a helping hand to those who need legal assistance but cannot afford it. The need is great, and it will never be met by traditional legal services programs or privately-funded public interest organizations. If you work in the private sector, the personal satisfaction that you will receive from helping a family adopt a child, assisting an AIDS patient with a myriad of financial and medical problems, or helping an undocumented alien obtain lawful status will sustain you as you read and review countless cases or documents, or write one memo or brief after another. It may not always be possible to engage in pro bono work, but there are other acts of kindness and generosity that you can pursue through public and community service organizations.

One of my colleagues, Judge Harry Pregerson, in addition to his work at the court, devotes a significant amount of time to providing homeless shelters and other services to the homeless. Pro bono work and community service can make a difference in people's lives. You have unique skills and knowledge to make that happen.

5. Be Kind to Your Family, Colleagues and Friends
Your career path should make time for your family and friends. And, as simple as this may sound, be kind to your colleagues, clients, adversaries and, if I dare say, to judges and their clerks.

Your colleagues, friends and family will have a significant impact on your career. And they will be impacted by your career goals. It is from them that you will draw your support when you are confronted with new but uncertain challenges, or when you pursue new career objectives. By the same token, if you are unprofessional towards your co-workers, adversaries or judges, they can adversely impact your professional opportunities.

Practicing law is often uncivil; it too frequently becomes a battle or a war. In one of my last complex civil trials when the litigants and their counsel returned to their hotel rooms for the evening, they retired to their "war rooms" to prepare for the next day's battle. Although I can understand fully the need to stay focused while working on a complex trial, I have read too many briefs, letters between counsel, and depositions that are unnecessarily sharp and unprofessional. You should resist the temptation to stoop to that level. Rarely will such tactics be successful; indeed they may ultimately hurt your position or credibility with your client, adversary or the court.

When I initially decided to pursue a judicial career, I was pleasantly surprised by the support that I received then and later when I sought appointment to the federal district court and court of appeals. Without the help of and support from family, friends and colleagues, I am not sure that the U.S. Senate would have ever confirmed my nomination to the Ninth Circuit. To this day I continue to encounter people who, unbeknownst to me at the time, wrote letters urging the Senate to confirm my nomination. And, just before the Senate voted on my nomination, one key Senator called my mother to address several concerns that he had about my nomination. Despite my experience and age, at that time in my career, I still needed help and support from my family.

As you embark on your career, remember your family and friends. And though it may be difficult at times, be kind to your colleagues and co-workers.

Passion, flexibility, a willingness to confront the unknown, community service and pro bono work, and concern for your family, colleagues, and friends should guide you as you confront your career choices.

Keeping these five concerns in mind in maintaining and balancing a career may seem like an impossible task when you still must take and pass the Bar Examination. As graduates of this great law school, however, you have a tradition, role models and an alumni network to support you in your career choices.

I know from my own experience that USC Law graduates are well represented in the legal, business and government communities here in Los Angeles, California and throughout the United States. There are many USC alumni who, throughout their legal careers, have approached their work with passion, resourcefulness, and the other concerns that I have mentioned. I would like to highlight a few of those with whom I have either worked, who appeared in court before me, or who have impacted my work in some way. These USC graduates chose different career paths, but in all of their professional lives you can see evidence of the five concerns I have discussed today.

In my own court, Judges Arthur Alarcon, Class of ‘51; Warren Ferguson, Class of ‘49; and David Thompson, Class of ‘55, are all USC Law graduates. Judge Alarcon and Judge Ferguson began their careers as private lawyers. Judge Alarcon worked for Gov. Pat Brown as his Judicial Appointments Secretary. Judge Ferguson was one of the recent founders of one of the major public interest law firms in Orange County. Ultimately they were both appointed to the state court bench, and then the federal court. Judge Thompson was a partner in one of the major law firms in San Diego for many years before his appointment to the Ninth Circuit. One of my other colleagues, Judge Dorothy Nelson, earned her LL.M. at USC and later served as Dean of USC Law from 1967–1980. Her passion for mediation and other forms of alternative dispute resolution is well known and is a model for all of us.

On my former court, the Central District of California, I worked closely with USC graduates, Judges Matt Byrne, Class of ‘ 56; Robert Takasugi, Class of ‘59; Dickran Tevrizian, Class of ‘65; Ed Rafeedie, Class of ‘59; Alice Marie Stotler, Class of ‘67; George King, Class of ‘74; and Nora Manella, Class of ‘75. Their passion for public service is exemplary. Judge Manella, for example, was a former associate in a large firm and then became an Assistant United States Attorney. She was then appointed to the Municipal Court, and several years later she was elevated to the Superior Court. Next, she was nominated by President Clinton and then confirmed by the United States Senate as the United States Attorney for the Central District of California.

In the public interest field, two USC graduates stand out. Pegine Grayson, Class of ‘87, the Executive Director of the Western Center on Law and Poverty, and Richard Rothschild, Class of ‘75, the Director of Litigation for the Western Center. These two outstanding public interest lawyers have dedicated virtually all of their careers to public interest work.

Samuel Paz, Class of ‘74, is one of the leading civil rights lawyers in Los Angeles. There is no one who is more passionate about his work than Sam Paz.

The late Crispus Wright, Class of ‘38, was active in the civil rights movement and was a well-known lawyer and businessman in South Central Los Angeles. He made frequent pro bono appearances in state court where he advocated forcefully for those who needed legal help. He was well known for his involvement in issues that affected South Central Los Angeles. And, he donated more than two million dollars to USC Law to provide scholarships to support minority students and students who are committed to serving minority communities. Crispus Wright's passion for helping his community should be an inspiration for all of us.

Although there are countless others, I will mention just two more: Robert Warren, Class of ‘56, and Jack Quinn, Class of ‘59. These two USC Law graduates thrived in big firms. Yet, they are well known for their commitment to community service, pro bono work and for their dedication to the legal profession. Both are recipients of the Los Angeles County Bar Association's prestigious Shattuck-Price Award for Outstanding Dedication to the Improvement of the Legal Profession and Administration of Justice. And both are recipients of the American Jewish Committee Learned Hand Award.

These USC alumni, and many others, have pursued their careers with passion, flexibility, community service, pro bono work, and concern for their family, friends and colleagues. They are known for their acts of kindness, generosity and willingness to take on new challenges. You have a great legacy.

Although you may soon forget what I have said here today, I hope that when you reach the end of your career, like my good friend's father, you will say, as you look back over your career, "I loved it."

Thank you for inviting me to share this day with you. Congratulations and good luck.