August 14, 2024

ABA Immediate Past President Mary Smith inspires ASU Law's new class: Insights on leadership, advocacy and embracing change

“Today is the day you enter the legal profession,” said the Willard H. Pedrick Dean and Regents Professor of Law Stacy Leeds as she welcomed the newest class of JD students at the Sandra Day O’Connor College of Law at Arizona State University.

252 bright-eyed students took their seats in the great hall of the Beus Center for Law and Society for the first time as law students on August 14 during the college’s three-day orientation.

Unique to ASU Law, Dean Leeds introduced Mary Smith, the immediate past president of the American Bar Association, and Benjamin Taylor, the immediate past president of the Arizona Bar Association, to welcome students and provide invaluable insights to help them along their journeys. 

Taylor, the first African American president in the state bar’s 91-year history, encouraged students to take advantage of the opportunities and networks available while in law school.

“Look to your left, look to your right. You’re going to see future judges and future politicians. You’re going to be running major law firms and running major law nonprofits. You’re going to do well,” Taylor said. “You’re going to be able to fight for people who really desperately need it.”

Smith, the first Native American woman to serve as president of the American Bar Association, spoke to students about the power of community.

“You will find your way. There may be times when you feel like you don’t fit in, but you will. You’ll create your community, and [ASU Law] is the perfect place to do it,” Smith said.   

Smith is an independent board member and former CEO of the Indian Health Service, a $6 billion national healthcare organization. She has served at the highest levels of government, both federal and state. She served on the senior team of the Civil Division at the United States Department of Justice and was general counsel at the Illinois Department of Insurance. Earlier in her career, she served in the White House as associate counsel to the president and associate director of policy planning.

“You all have the ability to transform the law and the legal profession. If you don’t like something the way it is, whether it’s the culture at a law firm, you will have the ability to change that,” she said.

Here, Smith provides additional insights to students as they enter the legal profession. 

Question: As someone who has achieved a historic milestone in your career, what key experiences or decisions were pivotal in your journey to becoming ABA President? What advice would you give to ASU Law students aspiring to leadership roles in the legal field?

Answer: When I first became involved in the American Bar Association, I sought out more experienced leaders to solicit their advice about leadership paths. Even years later, this advice was instrumental in helping me navigate my progression through the ABA. These leaders were very generous with their time and shared their perspectives with me. Early in my involvement in the ABA, I made the decision to run for a position on the ABA Board of Governors. In retrospect, I probably did not have sufficient experience to serve on the board at that time. However, by submitting my application, I met senior leaders of the Association and was noticed by them. They then helped me gain experience so that, years later, I did eventually serve on the board. My advice is to try to gain as much experience as you can in different aspects of the legal profession. Be curious and interested in areas that are not your primary area of expertise. Even though you will plan your career, stay open to new possibilities. Sometimes, opportunities that we did not expect can lead to new career trajectories and exciting new directions in your career.       

Q: ASU Law has several initiatives aimed at supporting Native American communities. As the first Native American woman to serve as ABA President, what advice do you have for ASU Law students and local legal professionals who are passionate about advocating for Native American rights and representation?

A: Creating a community of like-minded colleagues is extremely important. One way to do this is to join the National Native American Law Student Association, which hosts a moot court competition each year. It is also important to become an expert on Indian law. Finally, ASU Law has one of the best Indian Legal Clinics in the country, and participating in the clinic allows students the opportunity to represent Indian Country and the urban Indian population in tribal, state and federal courts in criminal and civil matters. Students also have the opportunity to work on policy issues like voting rights and federal recognition. The clinic also hosts the Arizona Native Vote Election Protection Project, which protects Native American voters' right to vote. 

Q: After the 2016 election, law schools saw an increase in admissions with research indicating that applicants were inspired by the election to become lawyers. Do you foresee that will happen again this election season? Do you notice any trends in the legal industry related to this election?

A: There is an energy about being a lawyer and standing up for the rule of law and our democracy, particularly in this election season. Through our work in the ABA Task Force for American Democracy, over 120 law school deans have signed a letter, affirming their commitment to preparing the next generation of legal advocates to uphold democracy and the rule of law. The deans have committed to urge students to champion the Constitution and the rule of law through avenues such as clinical work, public education and advocacy as well as to teach our nation’s law students to disagree respectfully, be open to others’ arguments and engage across partisan and ideological divides.

Q: The rise of artificial intelligence is significantly impacting the legal field. How can law students best prepare for and adapt to these changes, and what skills will be most valuable in navigating the integration of AI in legal practice?

A: Law schools are increasingly offering courses that touch on all aspects of artificial intelligence. Artificial intelligence is already improving productivity and efficiency, both in legal practice and law schools. It is important to stay up to date on developments in technology, including potential risks and pitfalls and global implications. This requires having a solid grasp of “prompt engineering,” which involves asking very targeted, carefully crafted legal questions designed to optimize AI-generated output. Achieving fluency in prompt engineering is at the core of obtaining reliably accurate and ethical AI output. Another skill is combining emotional intelligence with the use of artificial intelligence and emphasizing skills that cannot be replicated by technology such as empathy, compassion and humanity.  

Q: The legal profession is rooted in tradition but also requires innovation to stay relevant. How can ASU Law students balance respect for traditional legal principles with the need to embrace new technologies and methods in their practice?

A: The legal profession is rooted in tradition, starting with the oath that every lawyer takes to uphold the Constitution and the rule of law. In law, there are enduring principles that serve as the foundation of the profession like the attorney-client privilege. Nonetheless, the legal profession and the law are constantly evolving to meet an ever-changing world. Today, the advent of new technologies, including artificial intelligence, is transforming the practice of law.  Law students should strive to learn how artificial intelligence works, what its limitations are and ethical concerns surrounding its use. At its heart, however, the law is rooted in humanity, and law students should keep this in mind as they enter the profession.      

Q: You’ve established the Democracy Task Force, which is holding listening sessions across the country, including one in Arizona. Can you explain the task force? What are the key goals of these sessions, and how can ASU Law students and the local legal community participate in and contribute to these important conversations?

A: I formed the Task Force for American Democracy, spearheaded by co-chairs, former federal judge J. Michael Luttig and former Secretary of Homeland Security Jeh Charles Johnson to educate the public on the need to ensure an enduring democracy and to restore trust in our elections. Lawyers and judges play a unique role in upholding the rule of law, ensuring that laws are applied equally to all citizens and that government actions are subject to judicial review.  This system leads to accountability, transparency and predictability in governance. In an effort to activate America’s lawyers and bar associations, we have held listening tours in Georgia, Michigan, Pennsylvania and Wisconsin led by those states’ secretaries of state and local election workers in an effort to rebuild trust in our elections. Our “Next Steps” committees in each of those states have recruited local lawyers to give talks on the rule of law and democracy, to serve as poll workers, to dispel disinformation and to reintroduce civility into the public square. We are planning a Listening Tour in Arizona in September – so stay tuned for details.  And, finally, the Task Force has identified a number of actions that individual lawyers and law students can take to ensure safe and fair elections this fall, such as voting, serving as a poll worker and assisting your state and local bars in their efforts to defend democracy. 

Q: The ABA Midyear Meeting will be held in Phoenix in February 2025. What are you most looking forward to at this event? Can you share how some of your initiatives as ABA President might continue to impact the legal community, both nationally and in the Phoenix area?

A: I am looking forward to connecting with the vibrant legal community in Phoenix and, of course, enjoying warm weather in February, which I do not experience living in Chicago. In terms of initiatives that might impact the Phoenix legal community, we are working with some ABA leaders, including Associate Dean Patty Ferguson-Bohnee, to host a Democracy Listening Session in Arizona and engage students both before and after the election to ensure free and fair elections and to serve as poll workers, among other activities.

Q: Is there anything else you’d like to add?

A: It is a very exciting time to be a lawyer, and the world needs lawyers more than ever.  Professional organizations like the American Bar Association can help as you begin your legal journey by creating networking opportunities, leadership positions, practice tips, practical skills and wellness support. The connections made in organizations like the ABA will last throughout your career and will benefit you both professionally and personally. 

 

Written by Kourtney Kelley