Justice Kennedy on the Value of Law and Literature

Tonight I had the privilege of attending The Lawyers’ Club of San Francisco’s “Legends of the Law” dinner in honor of Justice Anthony Kennedy.  His speech was filled with a number of entertaining anecdotes, but there was one in particular that stood out in my mind.  At one point, Justice Kennedy was discussing how the law might allow a particular result, but that it might not be the “right” or “honorable” result.  He suggested that the “honorable” result is something that lawyers should endeavor to bring about. 

As an example of this principle, he described how when he was in private practice, he had a meeting with a client to discuss the client’s estate.  The client had three children, but instead of setting up a trust (Kennedy’s idea) the client wanted to leave all of the money to his eldest son, who he trusted to “take care of the rest.”  Despite various oblique suggestions, diplomatic hints, and other nudges, the client remained steadfast in his belief that this was the best way to handle the inheritance.  Finally, Justice Kennedy asked the client if he would be willing to read a book that would convince him that the trust would better fulfill his needs.  The client reluctantly agreed, thinking that he would be sentenced to time with a boring law book.  He was surprised when Kennedy handed him Shakespeare’s play “King Lear.”  Apparently, law and literature saved the day; the client changed his mind; presumably litigation over the estate was avoided.