Message from Christopher Hughes and Soyeun D. Choi, Co-Chairs of the Business Law Section

Welcome to 2026.  This year opens with challenges that underscore the importance of the rule of law.  The U.S. Constitution was once the radical proposition that wrested governance from a monarch and placed it within this great nation to rule itself.  Today, it is the oldest codified constitution still in operation and it has led to unimagined achievements in our civil society.  The  Constitution is the antecedent to all governance affecting our lives. 

In this civil society, the understanding is that everyone, especially our elected representatives, is beholden to the rule of law. This tenet forms the very basis of every aspect of our life.  The positions of plaintiff or defendant, purchaser or seller, creditor or debtor, only carry meaning through relationships as defined through statute or legal precedent.  This understanding informs millions of decisions made every day in this country.  The populace relies on expectations of fairness and the availability of a process that together provide the requisite stability and confidence that has allowed our country to prosper and grow.  Under this rubric, people find pathways to better futures, build communities, and thrive.

It is not surprising then, that when the rule of law is threatened, widespread societal chaos ensues.  Historically, we revert to outdated solutions rooted in force not fairness. Consider a simple breach of contract scenario in which a client is owed money.  Without the rule of law, would we prefer to have payment demands delivered with a shotgun? Would we prefer to appeal to a singular, unregulated, designated ruler to enforce payment?  Our society has responded to those questions with a resounding No!  Might does not make right. We have agreed to regulate our conduct according to a body of laws. We file a complaint, we make a case to an impartial finder of fact who adheres to an established body of law, we give the debtor party a chance to make its case to the same impartial arbiter, and then we either accept the decision, or we appeal it to a higher authority, restarting the same cycle.  This process has already been ingrained into our society and is our cultural norm.  It’s not partisan.  It’s not tribal.  Without the assurance of the legal system and the rule of law, there are no safeguards to ensure competent, ethical, responsible decisions, including those that guide business and innovation.  All sectors are set back, delaying much needed developments in technological, financial, health, science, and intellectual sectors. 

We are reminded of what Dr. Martin Luther King Jr. advised us: “We still have a choice today: nonviolent coexistence or violent coannihilation.”  Sadly, this year began with steps toward violent coannihilation.  We mourn as the country mourns the unnecessary loss of life and loss of security.  We are disgusted by the imposition of fear and terror and trauma, and we are offended by the waste of time and resources spent on destruction.  It will take decades to repair trust and re-establish a sense of peace and confidence both at home and on the world stage.  For 250 years, Americans embarked on an unprecedented experiment of a system of laws.  It is not perfect, but we are a young country, and we need to continue honing the system to withstand change, benefit from the resulting growth, and provide stability in light of future challenges.  All sectors will be called upon to perform rehabilitative service if we want this experiment to continue.  In this regard, our profession affords us the ability to contribute now by upholding and adhering to our attorney’s oath.

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.

The views expressed herein represent those of the authors and not necessarily those of the authors’ firms or their partners or employees.