Legal Times: Don't Blame the Lawyer
Washington, D.C., partners David Rivkin and Lee Casey authored an article for the "Points of View" column of the February 23, 2009, edition of the Legal Times titled, "Don't Blame the Lawyer; David Ogden Shouldn't be Rejected Because of His Client Advocacy."
According to Rivkin and Casey, "President Barack Obama's selection of David Ogden as deputy attorney general has drawn fire from conservative family values groups . . . and there appears to be a real effort under way to derail the nomination . . . Unfortunately, much of this opposition from the family values groups is based upon Ogden's representation of controversial clients and the positions he has argued on their behalf. This tactic has been used against conservatives in the past, including Chief Justice John Roberts Jr., and those now opposing Ogden need to think twice. Punishing lawyers for who they represent and what they argue before the courts is not in the interest of justice and makes for bad public policy."
The authors continue: "It is simply inaccurate to attribute to a lawyer his or her client's beliefs. That is just not the way our legal system works—at least not all the time. Sometimes, of course, lawyers do personally agree with the client's substantive views and the legal positions they advance. There is no doubt that lawyers are often drawn to a particular area of practice, or undertake to represent particular clients—especially on a pro bono basis—because they do believe in the client's cause. It is possible, however, to believe in a client's cause—a broad application of free speech rights, for example—and not to approve of the client's personal behavior or business model."
Rivkin and Casey conclude: "Although there are many issues on which conservatives can and should disagree with Ogden as ideological matters, those disagreements are not a good reasons why he should not be confirmed as deputy attorney general . . . He is clearly qualified for the job. His training and experience are outstanding, including a Harvard law degree and a Supreme Court clerkship. Ogden has practiced at one of the country's premier law firms. He served as Attorney General Janet Reno's chief of staff and as assistant attorney general in charge of the Justice Department's Civil Division—its largest litigating unit—in the Clinton administration. This service is important. The deputy attorney general is, in large part, a manager, and Ogden clearly understands the Justice Department, its role in government, its career lawyers, and its foibles."