Sun, Feb 18, 2001 page8

• Editorial: We need a president, not a lawyer

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  President Chen Shui-bian (陳水扁) recently commented that his "lawyer personality" (律師性格) is capable of pragmatically and rationally resolving cross-strait issues. Unfortunately Chen has yet to develop what his job really requires, namely a "presidential personality." We can only hope that Chen's background in law is some use in developing one.

  Just exactly what element of a "lawyer personality" might contribute to a "presidential personality?" At the forefront is the abiding principle that an attorney's client is the attorney's boss (頭家). The client decides the final shots -- even if the attorney thinks the client is wrong. If the attorney cannot change his client's mind, he cannot go against his client's wishes. The attorney, after all, serves the client, not vice versa.

  As Chen is now the president, all Taiwan's citizens are his clients. His clients are no longer confined to a segment of the population, such as DPP members or those who voted for him, but every citizen of the country, including those who actively oppose him.

  Take the the Fourth Nuclear Power Plant (核四) as an example. Chen has failed to sway the opinions of most Taiwanese who feel that stopping construction of the plant was wrong, or at least done improperly. Since they act as Chen's boss, he is obliged to defer to their wishes.

  The only thing more important to a lawyer than his client is -- in a perfect world -- the law. For this reason, an attorney should withdraw representation if his client insists on illegalities. So when the Council of Grand Justices ruled that the Executive Yuan's decision to stop construction of the plant was "procedurally flawed," Chen's administration should have conceded its mistake and immediately resumed construction. After all, every first-year law student knows that a "procedural flaw" is a type of illegality.

  We wonder what kind of lawyerly qualities Chen had in mind. If for example he was thinking of the confrontational and aggressive approach usually adopted by litigation attorneys, this seems rather like the last thing that would be useful in cross-strait affairs. But of course Chen's experience is in the arbitration of shipping cases, where courtroom theatrics have little place and outcomes depend on mastery of a vast body of case law, often including that of other countries, and a good negotiating manner.

  That being so, maybe Chen's lawyerly qualities are an asset after all. And given that Chen was by most accounts the best in his field when he practiced, this looks even better. For Chen has to accomplish the tough task of sweet talking China into entering into a cooperative relationship with Taiwan, while not sacrificing anything significant to Taiwan's sovereignty or international standing.

  The problem with Chen stressing his lawyerly skills at the present time is that the public's general impression of the legal profession is at an all-time low: We have all heard lawyer jokes and the likes of Bill Clinton and a bevy of ambulance chasers do not ennoble the profession. This might be a problem given that the Chen administration is comprised mostly of attorneys, something Lee Teng-hui (李登輝) avoided by filling the government with college professors.

  Attorneys must feel nostalgic about the glory days of the legal profession. Lawyers constitute the largest group of former US presidents and framers of the US Constitution, including names such as John Adams, James Monroe, John Quincy Adams and Andrew Jackson. We hope that Chen will be able to redeem the legal profession with an excellent performance during the remainder of his presidency.
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