Be a Courageous Lawyer
'It is through these actions that courage manifests and grows. Every lawyer who has achieved greatness has faced moments of doubt and fear, but their ability to act despite those feelings defined their legacy.'
Jim Vickaryous
A lawyer sits in a cave home, the only place he is allowed to live. His friend notices that most of his teeth are gone. They were smashed during brutal torture sessions punishing him for being an outspoken advocate. He looks gaunt and has hollow cheeks. Despite the inhumanity visited upon him, his spirit has not been beaten out of him. Thirteen years before, he was imprisoned for representing Christians, Muslims, and Buddhists. He is now out of prison, living under house arrest. He tells his fellow lawyers and family that he will continue to practice law and advocate for the voiceless. It is August 2017 in Yulin City, Shaanxi, China. Soon after his cave side resolution of advocacy, a group of uniformed men arrive and take him away. Gao Zhisheng has not been seen or heard of since. His wife, children, family and friends have no idea whether he is still alive. He has disappeared. Teng Baio, a Chinese lawyer living in America, aptly states that, “Gao Zhisheng is not ‘one of’ the bravest lawyers in China, he is indisputably ‘the’ bravest one.” Before disappearing in 2017, Geo Zhisheng published Unwavering Convictions: Gao Zhisheng’s Ten-Year Torture and Faith in China’s Future. The book is a testament to what it is to be a courageous lawyer.
Thankfully, we American lawyers don’t need to worry about being imprisoned and tortured for choosing to advocate for the despised in our society. We get to keep our teeth after a day representing our clients in court. We are fortunate that we don’t need the physical courage of lawyers like Gao Zhisheng to ply our craft. Even without the threat of physical injury, practicing law still requires courage. If fact, to be a great lawyer, we must summon courage each and every day.
Courage is an important character trait for a lawyer. In the face of adversity, uncertainty, or intimidation, courage allows us to act decisively, speak truthfully, and advocate passionately for our clients. To be a courageous lawyer is to rise above fear, confront challenges head-on, and remain steadfast in your commitment to doing what needs to be done in the moment. This quality is not just a professional attribute; it is a moral imperative that defines ethical practice in law.
We know from experience that we lawyers don’t wake up every day with the courage of a lion. Many mornings, we question where we will get the courage to do what we know must be done that day. It’s OK to have some timidity. But we do need to steel ourselves for the moment that courageousness is needed. There will be moments when the stakes feel insurmountable, whether it is a high-pressure trial, a difficult negotiation, or letting a big client know what they want to do is not lawful. In these moments, take a step back and analyze the source of your fear. Often, the fear is rooted in uncertainty or self-doubt rather than an actual threat. The fear of the unknown can cause the most angst. By identifying and addressing these feelings, you can regain control and focus on the task at hand. Fear is a signal, but it is not a barrier unless you allow it to be. Recognizing that many fears are unfounded or exaggerated can liberate you to take the steps necessary to fulfill your responsibilities with confidence.
Courage is not the absence of fear but the ability to act despite it. When faced with intimidating circumstances, remember your role as a lawyer: to serve justice and advocate for your client’s interests. This responsibility is greater than any personal apprehension. Stepping into the courtroom, presenting an argument, or making a difficult decision requires not only skill but also the resolve to push through discomfort. It is through these actions that courage manifests and grows. Every lawyer who has achieved greatness has faced moments of doubt and fear, but their ability to act despite those feelings defined their legacy.
Having the courage to give your opinion is another essential aspect of legal practice. Lawyers are often called upon to provide guidance, even in situations where the answer is unclear or unpopular. It can be daunting to assert your perspective, especially when facing more experienced colleagues, judges, or opposing counsel. However, your voice matters. Your insights, analysis, and ethical judgment are critical to the resolution of complex issues. By speaking up, you contribute to the integrity of the legal process and demonstrate your commitment to the profession. Courage in this context also means standing firm in your convictions, even when others disagree. It is about being prepared to defend your position with reason and respect while remaining open to dialogue.
Making a record is another area where courage plays a pivotal role. It is tempting to avoid confrontation or sidestep contentious issues, particularly when under pressure. However, failing to make a record can have serious consequences for your client and your case. Whether it involves objecting to improper conduct, preserving a legal argument, or addressing procedural errors, the courage to document and challenge is essential. By doing so, you protect not only your client’s rights but also the broader principles of fairness and justice. Making a record is not about creating conflict but about ensuring that the integrity of the legal process is preserved for review and accountability.
Courage also requires a willingness to embrace failure and learn from it. No lawyer is immune to setbacks, whether it is an unfavorable ruling, a missed opportunity, or a misstep in strategy. The key is not to avoid failure at all costs but to face it with resilience and a commitment to improvement. Each challenge you confront and overcome strengthens your character and enhances your ability to serve your clients effectively. Failure is often the best teacher, providing lessons that refine your approach and deepen your understanding of the law. The courageous lawyer sees setbacks not as the end but as part of the journey toward mastery and growth.
To cultivate courage in your practice, begin by adopting a mindset of determination and self-belief. Remind yourself of the purpose and significance of your role as a lawyer. Surround yourself with mentors and colleagues who exemplify courage and seek their guidance when needed. Practice self-reflection to understand and address the sources of your fear. Above all, act, even when it feels uncomfortable or risky. Courage grows through use, and each courageous act builds upon the last. The cumulative effect of these acts creates a foundation of confidence that will carry you through even the most daunting challenges.
There is no ethical requirement for a lawyer to be courageous. But remember, legal ethics are the bare minimum for lawyers to keep their law license. It should not be a goal to simply be “ethical” and adhere to the bare minimum. We should aspire to be the best lawyers we can, surpassing basic ethical standards, and, when we can, be courageous lawyers.
The legal profession is not for the faint of heart. It demands fortitude, resolve, and the ability to persevere in the face of challenges. Courage allows you to navigate these demands while staying true to your ethical principles and professional responsibilities. It is the driving force behind meaningful advocacy, effective representation, and the pursuit of justice. Without courage, lawyers risk becoming passive participants rather than active defenders of the law and its ideals.
I firmly hope that fellow lawyer Gao Zhisheng is alive. If he is, I am convinced that his heart is still full of the courage to advocate. Courage is what enables lawyers to fulfill their highest calling. It empowers us to act with integrity, speak with conviction, and advocate for others with passion. Let’s all resolve to be courageous lawyers.
Jim Vickaryous is the managing partner of the Vickaryous Law Firm in Lake Mary and represents the 18th Circuit on The Florida Bar Board of Governors.
