On October 24, 2015, Colorado Law student Gurney F. Pearsall III (鈥�16) accepted the prestigious American Inns of Court Warren E. Burger Prize at the United States Supreme Court. He is the first law student to receive the award since its creation in 2004.
In his winning essay, 鈥淩evisiting Antigone鈥檚 Dilemma,鈥� Pearsall notes the dilemma that attorneys and judges face when presented with 鈥渋mmoral laws,鈥� those that force people to choose between what is legal and what is right. Pearsall proposes a reconceptualization of the American Bar Association鈥檚 Model Rules of Professional Conduct that would turn the model rules into model presumptions. As such, the professional responsibility framework would eliminate inflexible guidelines, practices, and model rules that have compelled attorneys to engage in morally problematic behavior.
Pearsall鈥檚 essay was inspired by discussions in Professor Melissa Hart's Legal Ethics and Professionalism class.聽
鈥淭he case that lingered in my mind was a discussion of what attorneys should do when confronted with rules that compel seemingly immoral conduct, as in Spaulding v. Zimmerman,鈥� he said. 鈥淲hen I came across this competition, I knew that Spaulding and its surrounding topics would be interesting to explore further in an essay.鈥澛�
鈥淕urney and his classmates engaged with some of the toughest questions about what the Model Rules of Professional Conduct should require, what they should permit or prohibit, and how an individual lawyer should approach the rules and client relationships in light of other moral commitments,鈥� said Professor Hart. 鈥淚t鈥檚 wonderful that Gurney has continued to grapple with, and write so eloquently about, these issues.鈥�
Pearsall said that he was humbled and inspired by the recipients of other prizes at the awards ceremony. 鈥淚 could tell that聽I was in a room full of聽role models, and I think they all聽exemplified the Talmudic principle that scholars should also be saints,鈥� Pearsall said.聽
鈥淲e are extremely proud of Gurney for this accomplishment. Ethics and professionalism are key tenants of the legal profession, and his essay exemplifies Colorado Law鈥檚 mission of fostering excellence in these areas,鈥� said Dean Phil Weiser.
Given in the name of the 15th Chief Justice of the United States, the Warren E. Burger Prize is a writing competition designed to encourage outstanding scholarship that 鈥減romotes the ideals of excellence, civility, ethics, and professionalism within the legal profession,鈥� the core mission of the American Inns of Court. The award annually honors those in the legal profession for their exemplary writing abilities with publication of the winning essay in South Carolina Law Review and a cash prize of $5,000.
Pictured: Gurney Pearsall ('16), center, meeting U.S. Supreme Court Justice Ruth Bader Ginsburg at the awards ceremony.