Message from Christopher Hughes, Chair of the Business Law Section

As business attorneys, we navigate an increasingly complex commercial terrain where technological disruption, regulatory change, and global challenges test our professional judgment daily.  Amid these challenges, on May 1, Americans across the nation celebrated Law Day. 

 It is a day designed to celebrate the rule of law in a free society and provide an opportunity for Americans to understand how law and the legal process protect liberty, strive to achieve justice, and contribute to the freedoms that all Americans share.  Law Day signifies that we are a nation ruled by laws made by its citizens rather than by force, fear, and intimidation.  Many attorneys used this day to publicly reaffirm the attorney’s oath: 

I solemnly swear that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of an attorney and counselor at law to the best of my knowledge and ability.  As an officer of the court, I will strive to conduct myself at all times with dignity, courtesy and integrity.

When we seek admission to the bar, we often recite these words in moments of ceremonial transition, but they are far more than a historical formality or part of a perfunctory public ritual.  They represent our enduring covenant with the rule of law, our clients, and society.  As business lawyers, our oath has special relevance in commercial contexts where our counsel shapes markets, guides corporate governance, and impacts countless stakeholders.

When we pledge to “support the Constitution,” we commit to upholding fundamental principles that directly impact not only the business operations of our individual clients, but also the collective national economy.  Due process guides our regulatory compliance, ensuring procedural and fundamental fairness as well as protection from government overreach.  Equal protection guides non-discriminatory business practices while the Commerce Clause underlies our interstate transactions.  By viewing business law through this constitutional lens, we transform seemingly rote technical work into meaningful contributions to democratic governance.

This pledge does not restrict us from criticizing, questioning, challenging, or seeking to amend the law, nor does it forestall advocating for an alternative, reasonable interpretation of the law.  However, our oath does call upon us to uphold not just constitutionalism and the rule of law, but also the deeper values of inclusion, pluralism, and civil disagreement. 

By swearing to “support the Constitution,” we are pledging to defend the processes and institutions that allow people of differing views to solve problems together, to respect the rights of all participants in the marketplace, and to adopt the principles of nonviolence and collaboration in our professional lives.  The oath to support the Constitution is an ongoing, public affirmation that we, as business attorneys, accept a special responsibility to be stewards of public trust, to resist expedient shortcuts, and to ensure that our legal and commercial systems remain fair, accessible, and accountable to all.  In this way, our oath is both a personal compass and a collective covenant, inspiring us to reinforce the civic fabric that holds together our democracy and our economy. 

Trust remains the cornerstone of effective business relationships.  When we “faithfully discharge our duties,” we establish the integrity and reliability that clients, courts, and communities expect.  In an era where public trust in institutions has eroded, our oath reminds us that business attorneys stand as guardians of fairness in commercial settings, prioritizing ethical practice even when faced with pressure to deliver expedient but questionable solutions.

The 2014 addition to the oath requiring that as “officers of the court” we will conduct ourselves “with dignity, courtesy and integrity” is not merely aspirational.  It represents a collective acknowledgement that our professional conduct extends beyond technical competence to encompass how we treat colleagues, opposing counsel, judges, and the public.  For business attorneys, this civility pledge takes on special meaning in our commercial practice, where maintaining respectful relationships and professional courtesy can be the difference between successful negotiations and destructive adversarial proceedings.  This pledge also reminds us that zealous advocacy and professional courtesy are not mutually exclusive, and that our conduct in boardrooms, depositions, and courtrooms reflects not only on ourselves but on the integrity of the entire legal system that underpins California’s business environment.

Moreover, the beauty of our oath lies in its shared nature.  Across ideological differences, practice areas, and career stages, we’ve all made the same fundamental promises.  This creates a powerful foundation for collegiality and mutual accountability within our profession.  As business lawyers, we have unique opportunities to demonstrate how this shared commitment translates into ethical market practices and responsible corporate citizenship.  The predictability and stability provided by a legal system upheld through the attorney’s oath enable businesses to operate with confidence, reducing uncertainty and fostering economic growth. 

I invite all members of our Business Law Section to consciously integrate our oath commitments into each of our respective practices.  Consider pairing experienced attorneys with newer members to discuss ways to navigate the principles of the attorney oath in complex and emerging business transactions.  Volunteer for initiatives that explain to clients how legal ethics protect their interests and strengthen market trust.  Identify and then write down how the principles of the attorney oath apply to your specific practice area and your daily service to clients and community.     

We must not forget that when an attorney violates the oath, it is not only a personal failing but a breach that threatens the integrity of our entire profession and the public’s trust in the legal system.  As a community, we have a moral and professional duty to foster a culture where violations are addressed transparently and constructively, with an emphasis on education, remediation, and, when appropriate, restorative practices.  By holding ourselves and each other accountable for the promises we have made, we not only protect the reputation of our profession but also reinforce the values of honesty, justice, and constitutional fidelity.  It also helps to preserve the public’s faith in the legal system as a cornerstone of democratic society. 

The principles we defend, constitutional governance, integrity, and fairness, remain as vital in boardrooms as they are in courtrooms.  In times that call for both careful thought and courageous action, I am reminded of why I chose this profession and why I value being a member of this section.  Together, we have an opportunity to demonstrate how principled legal professionals can navigate complex terrain with both integrity and purpose.  By recommitting ourselves to the promise of our oath, we strengthen not only our profession but the commercial and civic institutions we serve.

 The views expressed herein represent those of the author and not necessarily those of the author’s firm or its partners or employees.