The 119th annual AALL Conference kicked off Sunday with a speech of a different kind, offering a remarkable insight into things like power and influence within the profession. An Aloha view.
Perhaps the fact that the conference has been around for 119 years has something to do with it. The first AALL conference was held, in my opinion, in 1907. One can only imagine what law offices and law schools were like and what law librarians did back then.
To say these people 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, incidentally, lawyers), has undergone monumental changes since then. In 1907, lawyers still had to read files, but the way law librarians passed them on to them bears no resemblance to today.
Another type of keynote
This breadth of understanding and experience has perhaps led AALL to offer a somewhat more philosophical and nuanced discourse. It was not given by a celebrity with no ties to the law. A celebrity sitting in a white chair being interviewed by the head of the organization or a senior management person whose company sponsored the keynote speech. You know the type of keynote. One designed to sensationalize and entertain more than transmit knowledge.
No, the AALL keynote address was designed to get the audience thinking about what they do and the challenges the legal profession faces. It was given by Micah SmithU.S. district judge in Hawaii. Justice Smith grew up in public housing. He managed to work his way into Harvard. He worked with Judge Souter. He worked in legal aid. He served as a U.S. attorney. All this before becoming a Federal Court judge. This guy didn’t get where he is by being a gleeful manipulator or self-aggrandizer. And he gave as well-prepared a speech as I’ve ever heard, and I’ve heard many.
Aloha Leadership
The title of his speech was “How Connection Creates Leadership: Power, People, and Purpose.” OK, going in, I was wondering if this was going to be one of those awkward speeches that was more for the presenter to hear himself speak than for the audience to hear. Or was it going to be one of those where each table was assigned cute little games to play? (I already had my escape plan if that’s the case.)
Instead, Justice Smith’s speech got to the heart of real power and influence. His view was that real power and influence were neither taken nor granted; they are won. They are earned because people truly follow a leader who they know cares about them. Leaders who exercise their power not out of self-interest but out of interest for others. Justice Smith called this leadership Aloha, derived from the Hawaiian word that means hello, goodbye and love.
With this in mind, Justice Smith did not just tell war stories. He came prepared with ideas and study of what he considers effective leadership. He had clearly done his homework. And it was clear that he did it 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 started with an example: in every group of people who travel together, there is always one person who takes care of the arrangements and makes recommendations that the others listen to. For what? This is because the group trusts this person and knows from experience that he or she will make choices that are in the best interests of most of the group members.
And that relationship, Justice Smith said, creates the kind of power that facilitates impact. But it doesn’t come without challenges, particularly in the legal field, where it’s all about getting ahead, grabbing that corner office, and dominating.
The legal challenge with Aloha
He spoke about these challenges. He spoke of the paradox that when leaders gain 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 problem for judges who have an obligation to uphold the rule of law and maintain order in the courtroom. As a result, they are often subject to what Justice Smith called “robe-itis.” I call it dress fever, it’s the same thing.
I’ve seen it especially among federal judges (sorry, Judge Smith) appointed for life. They become angry and petty towards those who come before them. They impose disastrous deadlines and demands on people because they can, and it serves their folder and calendar.
And we’re now starting to see it among judges who are rushing to sanction lawyers who fall prey to AI hallucinations without considering factors like the extent of harm a particular hallucination brings. Or the pressures that lawyers face from all sides.
These judges forget that the judicial system is not there to serve them but to serve the public to resolve disputes. They forget, as Justice Smith said, that every decision they make affects and changes someone, perhaps forever.
Justice Smith also admitted that serving with what he calls an Aloha philosophy is more difficult for some professions than others. Litigators, for example, are motivated and rewarded when they win. It’s the old idea that winning isn’t everything, it’s the only thing.
God knows I’ve seen enough. You know the type: they oppose everything. They table motion after motion on subjects that make little difference. They play games. They file lengthy motions Friday afternoon, just before a holiday. I even had one late in my career who not only filed a motion on Christmas Eve, but also served it by fax only, knowing it would delay my access.
But it can be done
On the other hand, I saw the opposite. Judges who understood their role and their place in the world. Who cared about the people, the lawyers and the litigants who appeared before them. I never had the opportunity to appear before Judge Souter, but I trust Judge Smith when he says he was one of those judges. And I would appreciate the opportunity to appear before Judge Smith because I could tell from his preparation and his manner that he is one of those judges as well.
And some of the most successful trial lawyers I know have tried and argued their cases with humility and empathy instead of being assholes. I am part of an invitation-only group of excellent trial lawyers who are just like that.
I know from experience that it is possible to succeed in a courtroom this way. For what? Because these lawyers have the kind of power that Judge Smith talked about. People listen to them because they trust them, just as they trust the leader of the tour group that Justice Smith spoke of.
A2J and GenAI
Of course, Justice Smith did not leave the podium without discussing two critical issues facing the legal profession: Access to Justice (A2J) and GenAI. And his ideas, based on Aloha’s leadership, were not only insightful but also practical.
Justice Smith recognized that we cannot solve the A2J problem by putting more lawyers on it, which many believe. He acknowledged that the hourly rates needed to solve the A2J problem are too high for those without access. And just as realistically, lawyers cannot afford to charge rates that those who need access can afford. The economics don’t work.
Instead, Justice Smith said, we need to think more broadly about the problem and the humans on both sides.
And when it comes to GenAI, Justice Smith didn’t start by complaining about lazy lawyers who don’t check citations like many. Instead, he spoke empathetically about the need to evaluate which uses of GenAI are appropriate and which are not, given the real world in which lawyers and judges live. He spoke about the need to provide guidance on how attorneys and self-represented persons use GenAI to mitigate dangers. And he spoke about the unique role that law librarians could play in providing this type of education.
What we all came away with
Justice Smith challenged the law librarians in the room to lead with Aloha. He told them they were in a unique position to exert influence because their job is not to win but to help others. He is right on this point. Sometimes not being recognized, as many law librarians are, facilitates the opportunity for lasting impact.
But his message is much broader. In a time when so many people are politicized and social media that promotes hatred and distrust dominate, I hope there is room for the type 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 are not motivated by self-interest.
People like Judge Smith. Thanks, AALL, for not piling on another celebrity speech that just wants to impress us.
Stephen Embry is a lawyer, speaker, blogger and writer. He publishes Carrefour TechLawa blog dedicated to examining the tension between technology, law and the practice of law.
