The 119th annual AALL conference kicked off Sunday with a different kind of keynote, offering a remarkable view of things like power and influence within the profession. An Aloha view.
Perhaps the fact that the conference has been around for 119 years had something to do with this. The first AALL conference took place, by my estimation, in 1907. One can only imagine what law offices and law schools were like and what law librarians did back then.
To say these folks have seen a lot over the past 119 years would be an understatement. Information and knowledge management, which is what law librarians do (along with a lot of lawyer hand holding, by the way), have undergone monumental changes since then. Lawyers in 1907 still had to read cases, but how the law librarians got those cases to them bears no resemblance to today.
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A Different Kind of Keynote
That breadth of understanding and experience perhaps led AALL to offer a somewhat more philosophical and nuanced keynote. It was given not by a celebrity who had no connection with law. A celebrity sitting in a white chair being interviewed by the head of the organization or a C-suite person whose company sponsored the keynote. You know the type of keynote. One designed to make a splash and entertain more than impart knowledge.
No, the AALL opening keynote was designed to get the audience to think about what they do and the challenges the legal profession faces. It was given by Micah Smith, a U.S. District Judge in Hawaii. Judge Smith grew up in public housing. He managed to work his way to Harvard. He clerked for Justice Souter. He worked in legal aid. He served as a U.S. Attorney. All before becoming a federal court judge. This guy didn’t get where he is by being a glad hander or self-aggrandizer. And he gave as well-prepared a keynote as I have ever heard, and I’ve heard a lot.
Aloha Leadership
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The title of his keynote was “How Connection Creates Leadership–Power, People and Purpose.” OK, walking in I wondered whether this was going to be one of those touchy-feely talks that were more for the presenter to hear themselves talk than for the audience. Or it was going to be one of those where each table was assigned some cute little games to play? (I already had my escape plan if so.)
Instead, Judge Smith’s talk went to the heart of real power and influence. His view was that real power and influence were not taken or bestowed; they are earned. They are earned because people truly follow a leader they know cares about them. Leaders who wield their power not out of self-interest but out of an interest in others. Judge Smith called this Aloha leadership stemming from the Hawaiian word which means hello, goodbye, and love, all at the same time.
In keeping with this, Judge Smith didn’t just get up and tell war stories. He came prepared with ideas and the study of what he views as effective leadership. He had clearly done his homework. And it was clear that he did so because he cared about his audience and wanted to leave a lasting impact, not just collect a paycheck because of who he was.
A Simple Example
He opened with an example: in every group of people who travel together, there is always one person who takes charge of the arrangements and makes the recommendations that others listen to. Why? It’s because the group trusts that person and knows from experience they will make choices that are in the interests of most of the group.
And that relationship, said Judge Smith, creates the kind of power that facilitates impact. But it doesn’t come without its challenges, particularly for legal, where it’s all about getting ahead, snaring that corner office, and dominance.
The Challenge of Legal with Aloha
He talked about these challenges. He mentioned the paradox that as leaders obtain power, they often forget how they got there. They begin to exercise power out of self-interest, entitlement, status, and overconfidence. He believes this is a particular issue for judges who have the obligation to uphold the rule of law and maintain order in the courtroom. As a result, they often fall subject to what Judge Smith called “robe-itis.” I call it robe fever, same thing.
I have seen it particularly among federal judges (sorry, Judge Smith) who are appointed for life. They become short-tempered and mean-spirited toward those who appear before them. They place wicked deadlines and requirements on people because they can, and it serves their docket and schedule.
And we are starting to now see it among judges who are quick to sanction lawyers who fall victim to the AI hallucinations without considering things like the magnitude of the harm a particular hallucination brings. Or the pressures lawyers are under from all sides.
These judges forget that the court system is not there to serve them but to serve the public to resolve disputes. They forget, as Judge Smith put it, that every decision they make affects and changes someone, perhaps forever.
Judge Smith also admitted that serving with what he called an Aloha philosophy is harder on some professions than others. Litigators, for example, are fueled and rewarded by winning. It’s the old notion that winning isn’t everything, it’s the only thing.
Lord knows I have seen enough of these. You know the type: they object to everything. They file motion after motion on matters that make little difference. They play games. They file lengthy motions on Friday afternoon right before a holiday. I even had one toward the end of my career who not only filed a motion on Christmas Eve, but he also served it via fax only, knowing that would delay my seeing it.
But It Can Be Done
On the other hand, I have seen the opposite. Judges who understood their role and place in the world. Who cared about people and the lawyers and litigants who appeared before them. I never had the opportunity to appear before Justice Souter but I trust Judge Smith when he says he was one of those judges. And I would relish the opportunity to appear before Judge Smith because I could tell from his preparation and manner, he is one of those judges as well.
And some of the most successful trial lawyers I know tried and litigated their cases with humility and empathy instead of being assholes. I’m a member of an invitation-only group of excellent trial lawyers who are just like that.
I know from experience it is possible to succeed in the courtroom this way. Why? Because these lawyers command the kind of power Judge Smith talked about. People listen to them because they trust them, just like they trust the leader of the travel group Judge Smith talked about.
A2J and GenAI
Of course, Judge Smith didn’t leave the podium without talking about two critical issues facing the legal profession: access to justice (A2J) and GenAI. And his ideas, based upon leading with Aloha, were not only insightful but practical.
Judge Smith recognized that we can’t solve the A2J problem by throwing more lawyers at it, which many believe. He recognized that the hourly rates needed to make a dent in the A2J problem are too high for those who don’t have access. And just as realistically, lawyers can’t afford to charge the rates that those needing access can pay. The economics don’t work out.
Instead, said Judge Smith, we have to think more broadly about the problem and the humans on both sides of it.
And when it comes to GenAI, Judge Smith didn’t start by complaining about lazy lawyers not checking cites like many. Instead, he talked empathetically about the need to assess the appropriate uses of GenAI and those that aren’t, given the real world lawyers and judges live in. He talked about the need for guidance on how both lawyers and unrepresented people use GenAI to mitigate dangers. And he talked about the unique role law librarians could play in providing that kind of education.
What We All Walked Out With
Judge Smith challenged the law librarians in the room to lead with Aloha. He told them they are uniquely positioned to wield influence because their job is not to win but to help others. He is right about that. Sometimes being unheralded, as many law librarians are, facilitates the opportunity for lasting impact.
But his message is much broader. In an age where so many are politicized and where social media that promotes hate and distrust dominates, I hope there is room for the kind of leadership he described. Those who have power not obtained by force or status are the ones I trust the most because I know they aren’t motivated by self-interest.
People like Judge Smith. Thanks, AALL, for not cramming another celebrity keynote who just wants to impress down our throats.
Stephen Embry is a lawyer, speaker, blogger, and writer. He publishes TechLaw Crossroads, a blog devoted to the examination of the tension between technology, the law, and the practice of law.