Swearing Oaths

Washington, DC -- when we observed that the Chief Justice had reshuffled the words of the Oath of Office this past Tuesday and he and President Obama, in turn, then skipped a word or two, my friend Connie, a law student-to-be turned and said, "this isn't going to be analyzed, is it?" Yes, Connie, this minor, but in some ways major, flub has indeed been analyzed and become the stuff of legend and conspiracies.


Perhaps to thwart litigation crazies who would attempt anything to derail the transfer of power, the Chief Justice quietly administered a rare do-over despite the fact that, whatever was uttered, Barack Hussein Obama became the 44th President of the United States at 12:00 p.m. on January 20, 2009. For me, it was a reminder that even mental giants such as Chief Justice Roberts and President Obama are human beings and can make mistakes. And they took care of it.


In our line of work, few mistakes are not fixable and lawyers are better off coming to talk to someone older and/or wiser who can help them fix the problem, including discharging any ethical obligations, than digging themselves deeper. It's not a bad idea for lawyers to spend a little time meditating on the wouldas, couldas, and shouldas and learn something from the mistake, but after that mourning period is over, it's useful to have a short term memory and move on.

Mistakes happen -- even to Chief Justice Roberts. What you do with a mistake is sometimes even more telling of your skills as a lawyer and, what's more, your character.