The lawyers / defenders of Catalan politicians and social activists recently tried in the Supreme Court, have been the object -these and their actions- of multiple analyzes in various fields. The practice of law has been the subject of media attention. The work of those who practice such a profession has been better known.
It is evident that these comrades, all of them of recognized prestige, have developed a meritorious and hard labor in this exhausting judgment.
They have been subjected to enormous pressures derived -among other multiple causes- both their own sense of responsibility in the face of very high penological demands for their defendants and the importance of the process, as well as the expectations of millions of citizens, without forgetting that they have been observed -even in its slightest movements- thanks to the televised broadcast of the event.
To deal with all this and to remain firm in their work throughout the extensive and numerous days of that view, with a multitude of evidence, in addition to the tensions with the Court and the accusations, etc. It has been a huge internal force.
Internal strength that every lawyer must have when exercising the right of defense of their sponsored.
The lawyers to whom I am referring, some friends as well as colleagues, have left record of possessing such an attribute, as mentioned before.
All this has led me to reread the very interesting text by Angel Ossorio y Gallardo entitled "The soul of the toga" in which, as early as 1919, a specific section was dedicated to the aforementioned internal force.
The present article intends, therefore, to comment on the cited by that author so that we understand better how a lawyer can and should face all the obstacles previously put in evidence, making use of that strength that allows him not to falter in his fight. We will know then, something more, the soul of the lawyer.
Thus, Angel Ossorio exposes – on p. 22 of the aforementioned text- that "man, whatever his office, must trust principally in himself. The force that in itself does not find will not find it anywhere. "
Any man in any profession … and absolutely in the legal profession, in which he must fight against the adversary and his interpretations of legal texts and jurisprudence, against the opinions of colleagues and other less experts, against flattery and criticism, against injustices and ethical tensions , against unknowledge and incomprehension, etc. etc.
Now – and on your p. 26- can be read in the text that we comment on the following regarding the above: "in the face of so many aggressions, the recipe is unique: trust in itself, live your own life, follow the dictates that oneself imposes …, and neglecting the rest. " Ossorio explains that it is not pride or pride, but that maxim responds to the fact that, once the criterion is formed -even after respectfully considering certain external stimuli in the light of our knowledge and feelings-, a course will be drawn and everything will be forgotten. others must follow "our way imperturbably" (page 27).
In this way, when the mood faints, it will not be possible to excuse oneself when others' advice was followed or that we were affected by rebuke or flattery -the author continues to comment- because no one will forgive us.
And it will not do so since the lawyer is the only responsible and therefore to him only the decisions and actions correspond.
When a lawyer defends the interests that have been entrusted to him, he must do so firmly, in the way that he understands true and just, relying on current legality – and even questioning it in order to achieve material justice – and therefore (pp. 28): "in that case I must walk firm and serene, as if what surrounds me does not affect me".
The text continues (page 28): "In the legal profession the soul acts alone, because everything that is done is the work of the conscience and nothing else but it. Do not say that they operate the soul and the Law, because the right is something that is seen, interpreted and applied with the soul of each one; so I do not err in insisting that the isolated soul acts. "
In short, it is maintained that only in our interior lies the strength of our convictions and the spirit of maintaining them.
The text also recommends not succumbing to anger when, in the battles of the forum, what we understand as an injustice appears, because that feeling will affect us in successive debates clouding our reason and causing us to lose the equanimity of reasoning.
"To get rid of anger, there is no more effective antidote than disdain" (page 29), which, in turn, is a reinforcement and complement of inner strength.
Ossorio maintains that whoever does not know how to disregard the effects of hurtful interests, or of envy or self-love, will succumb to vanity, envy or selfishness and, to the contrary, if he despises them, if he shows his disdain towards them he will raise his potential to service of good.
He concludes the work of this author indicating that the lawyer must continually verify if he is assisted by that inner force that makes him overcome the pressures of the environment, and be true to himself -in this is his strength- because when he is questioned about it , I should change my trade.
Serve all the above as a humble tribute to all fellow lawyers who, being honest, honest and in good faith, circulate in those worlds of God.
Ossorio and Gallardo, Angel: The soul of the toga. Editorial Maxtor, Valladolid, 2007 2nd edition.