Eric Deters is a lawyer in Northern Kentucky whose bulldog style has gotten him in the news again, this time for being fined $14,000 by a trial judge.
Deters is known for his very aggressive approach to cases, an approach which has not won him many friends among lawyers, the Bar Association or even with judges. However, his style seems to suit most of his clients just fine.
I've known Eric for decades and have watched him work. What really upsets most of his colleagues has little to do with his legal abilities or his loyalty to his clients. What really upsets most lawyers is that he refuses to conform to their notion of what a lawyer should act like.
No doubt lawyers need to be as certain as possible that the suits they file are meritorious, but in the history of the law it has often been the innovative approach taken by bold lawyers which has resulted in the kind of changes in the definition of justice which are only later celebrated.
I also know judge McGinnis who levied the fine. In fact, I had my first case with him when we were both young lawyers. He is a no nonsense guy with terrific instincts and I'm certain that he evaluated the facts and law very carefully before making his ruling.
And I know Judge Bates of Grant County, the subject of much of Erics criticism. Judge Bates and I ran for the same open seat and he won. Since then I've had many cases in his court and though we do not always agree on everything, I have been very supportive of his tough stand on many issues and our relationship has been polite and professional.
The point of this post is not to defend Eric, or criticize his punishment or to suggest that the judges he has critcized can never be wrong. The point is simply this: As the public stands witness to what seems to be one controversy after another involving lawyers it needs to be repeated for the sake of liberty and justice, that lawyers have a sworn duty to defend the constitution and to vigorously represent their clients. This will often put them on the oppositie side of public sentitment, the opposite side of courthouse politics and sometimes even on the opposite side of their colleagues at the bar. But these things should not work to chill their advocacy, their free speech or their spirit.
If that ever happens there would be no one left to stand up for any of us when the time came. The American style of justice was born out of revolution and there needs to be a bit of the rebellious spirit in our lawyers for the future of American justice to survive.