DESCRIPTION
On the Horns of a Dilemma: Clarence Darrow and the McNamara Case
A master of the courtroom stage who possessed an uncanny understanding of human character, Clarence Darrow was arguably the greatest trial lawyer of the twentieth century. An adamant opponent of capital punishment and a passionate proponent of civil and human rights, he was often called the "Attorney for the Damned" because he fought for the underdog and took on criminal cases thought to be hopeless. Yet, while commanding respect as a trial lawyer, Darrow was often embroiled in bitter controversy for his unpopular stands on many issues and criticized for his purported unethical professional behavior.
ON THE HORNS OF A DILEMMA: Clarence Darrow and the McNamara Case explores one highly publicized case in the life of one of last century's greatest trial lawyers ... The McNamara Brothers trial in the aftermath of the bombing of the Los Angeles Times Building in 1910. The term “dilemma” originates from the Greek and means “two premises,” which may be likened to the front end of an angry and charging bull. It refers to a situation where one is confronted with making a decision based on two options, the results or consequences of either decision having equally unpleasant results. No matter what decision is made, the outcome is unfavorable ... “damned if you do and damned if you don’t.” This predicament is the essence of Greek Tragedy.
The McNamara case involved a great loss of human life in what we would now likely characterize as domestic “terrorism.” The case played out in a politically charged atmosphere. It was a violent fight between the unions and the company’s management and corruption ran deep on both sides. After saving his clients from the gallows, Darrow himself was brought up on charges of jury tampering. He was acquitted of the charges, but he lost his law practice and partners, his credibility and almost his liberty. There is still much controversy about his guilt or innocence. But at the age of fifty-one, Darrow experienced a kind of transformation and the next thirty years brought him his greatest cases.
The scene explores Clarence Darrow's personal convictions, thoughts and summation in the case, illustrating issues that are as relevant in present times as they were in Darrow's. It provokes thought about reconciling conflicts between personal values and professional responsibilities and about dilemmas for which there are often no easy answers or rules to fall back on. It provides a tool to facilitate discussion and thought about these issues as they may relate to the ABA Model Rules of Professional Conduct.
Disclaimer: All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.