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Be a Patriotic Lawyer

Special to the News Columns

Patriotism for lawyers means taking old Benjamin Franklin’s political advice: 'A republic, if you can keep it.'

Jim Vickaryous

Jim Vickaryous

The air burned each time I breathed in the Chihuahuan Desert air. No clouds, no breeze, no escape from the South Texan sun. Our company stood at attention on a lonely tarmac. The heat radiating off the pavement baked into our polished boots. We stood silently looking forward, sunburned and dripping with sweat. Generations of U.S. soldiers had steeled their discipline in this desolate land just north of the Mexican border: U.S. Grant, Black Jack Pershing, George Patton, and countless others. Now it was our turn to embrace the borderlands of Ft. Bliss.

We could see a Blackhawk moving fast from the southern edge of the White Sands desert. Sand blasted our faces as its skids hit the ground. The bird’s blades slowed, but didn’t stop. Whoever was in it had no intention of staying long. Out jumped a dapper soldier wearing the telltale U.S. Army general’s belt:  black leather with a polished silver medallion buckle. We all saluted as he walked up to address us: “Fellow soldiers of the Republic, you have been ordered into the active service of the United States Army by declaration of our President and Commander in Chief to serve an indeterminate time supporting NATO operations in the Republic of Bosnia-Herzegovina and Former Yugoslavia. Godspeed to all of you!” The general saluted us and, without wrinkling his perfectly pressed battle dress uniform, jumped back into the helicopter. The blades turned with more force, blowing the sand in our faces again, and lifted off towards New Mexico.

A week later I was meeting with my partner and staff. “I’ve been called up, my reserve unit has been activated, I report for active duty in two weeks.” My paralegal started to cry. I looked away so I wouldn’t cry myself. I had worked so hard to build this small law firm with my partner and staff. We were doing moderately well. We had a great thing going, and now I would be gone for who knows how long. My partner was very busy and could not take on all my work. We referred out most of my clients. They were patriots all, and were very forgiving, understanding, and supportive of my call to duty. It almost felt as if I had passed away and was administering my own estate. I ended my house lease, sold my car, cancelled all the regular bills and services that we all pay in our everyday lives. When my unit left to keep the peace in Bosnia, there was nothing left of my civilian life that I had worked so long and hard to build. All I kept from my civilian life was my bank account, which the Department of Defense Finance Department needed to direct deposit my pay.

As our unit was loading onto buses from our Ocala, Florida, armory, my Grandma “K” walked up to me and frowned. She firmly grabbed my arm and looked closely at me with her powder blue eyes. “Jimmy, I’m sick of American boys doing the work that boys over there should be doing. I’m praying for you. Come home safe to us.” I kissed her, but didn’t have a good response to her declaration.

Patriotism is often associated with saluting the flag, celebrating Independence Day, and honoring the nation’s traditions. While these are visible expressions of love for one’s country, true and lasting patriotism for lawyers is rooted in a deep and unwavering commitment to the Constitution and the rule of law. As lawyers, we take an oath to support the Constitution of the United States and the Constitution of the State of Florida. This oath is more than a formality. It is a solemn duty that guides our practice, our advocacy, and our role in upholding the rule of law. Patriotism for lawyers means taking old Benjamin Franklin’s political advice:  “A republic, if you can keep it.”

The patriotic lawyer views the Bill of Rights from an operational perspective. They do not merely admire these rights as abstract ideals. They work to ensure those rights are observed, protected, and enforced. The founding fathers recognized that certain rights, such as freedom of speech, religion, and due process, were not granted by the government but were inherent to all individuals. Their inclusion of the Bill of Rights reflected their belief that these liberties predate any legal system and must be safeguarded against infringement. It is our responsibility as lawyers to insist that the government respects these fundamental protections and does not encroach upon the freedoms of its citizens.

Among the most vital guarantees of the Constitution is due process. This principle ensures that no individual is deprived of life, liberty, or property without fair procedures. It’s the foundation of our justice system, reinforcing the idea that every person is entitled to a fair trial, legal representation, and impartial adjudication. Without due process, the rule of law collapses, and justice becomes arbitrary. As lawyers, we must remain vigilant in upholding due process, whether we are advocating in court, advising clients, or engaging in public discourse on legal issues.

The patriotic lawyer does more than reference the Constitution when convenient. They actively engage with it in every aspect of their legal practice. It is always beneficial to re-read the Constitution and reflect on its implications in daily legal matters. The Constitution is not a static document. Its meaning and application evolve as society changes. Understanding its provisions and their relevance in contemporary legal issues strengthens our ability to advocate effectively and uphold justice. Every legal argument we make, every motion we file, every closing, memorandum, and piece of advice we provide should be rooted in a strong understanding of constitutional principles.

At its core, the First Amendment embodies one of the most fundamental human rights, which is freedom of thought. This protection ensures that individuals may speak, believe, and express themselves without undue government interference. Without these protections, open discourse and the free exchange of ideas would be stifled. It is our duty to defend these freedoms, whether by challenging unconstitutional laws, protecting clients’ rights, or promoting an informed and engaged citizenry. Our role as lawyers is to recognize when government action threatens constitutional rights and to take appropriate steps to ensure those rights remain protected. We must be willing to challenge overreach and remind courts, policymakers, and the public of the importance of preserving fundamental freedoms. But at its core, we as lawyers should speak our minds about our core beliefs. After all, it’s our birthright.

Patriotism is not passive. It requires vigilance, dedication, and a commitment to preserving the legal framework that protects our democracy. It is easy to equate patriotism with national symbols and ceremonies, but the true measure of a patriotic lawyer is their dedication to upholding the Constitution and advocating for the principles it enshrines. By embracing this responsibility, we honor the legacy of those who fought for our freedoms and contribute to a legal system that remains fair, just, and protective of individual liberties.

After spending time in war-torn Bosnia so many decades ago, I am even more joyful for my freedoms as an American today. But you don’t have to be a soldier in some war-torn corner of the planet to be a patriotic lawyer. Being one takes work, but it is most often what you do locally that means the most to your similarly patriotic neighbors. Not all of our fellow citizens have our knowledge of the legal principles that make our country great. It is not full grocery stores, endless online shopping, or big pickups that make our country great (although they are convenient in their own ways). What makes our country great is our citizenry’s willingness to obey the law, but always question its implementation. And as it should be, every free man and woman should think through why they are law-abiding citizens and become patriots in so doing. While flying Old Glory is not the true essence of American patriotism, it doesn’t hurt to put up a pole on your home this summer and fly one to show that a patriot is in residence. We live in a wonderful country, blessed with the abundance that flows from a free people. Don’t forget to wave the Stars and Stripes this summer, and let’s all resolve to be patriotic 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.

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