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Special President's Award for Johnnie L. Cochran, Jr.

Trial News Online
Volume: 38-10
Date: Jun 1 2003

Steven Toole

The award reads: "In recognition of your excellence in advocacy and your tireless efforts as a civil rights champion." The words were inadequate to truly describe the man I had the great fortune to meet on April 30th. It was on that day that WSTLA brought Johnnie L. Cochran, Jr. to Seattle to receive a Special President's Award and to be the keynote speaker at our Damages Seminar. It proved to be a day that won't soon be forgotten by the 250 people in attendance.

In conjunction with Law Day, WSTLA wanted to honor a trial attorney of national stature. We wanted someone skilled as a trial lawyer and advocate for the injured and the oppressed. We wanted a lawyer who was a champion of civil rights. We wanted someone who has given back to his community and has made a difference in our world. We believed Johnnie Cochran embodied these attributes. Upon reading his curriculum vitae, one is overwhelmed by the breadth and depth of Mr. Cochran's litigation skills and accomplishments. His trial successes are the stuff of which movies are made.

Although I was aware that Mr. Cochran was a personal injury attorney and fought for civil rights, I primarily thought of him as a criminal defense attorney. This is where he garnered the most notoriety. Consequently, I was not only surprised, but also extremely impressed, with both the quantity and the quality of his successes in the civil arena. Indeed, Mr. Cochran is the only attorney, ever, in Los Angeles to receive the "Criminal Trial Lawyer of the Year" and the "Civil Trial Lawyer of the Year" awards.

I consider myself fortunate to have had an hour before his presentation to have coffee with Mr. Cochran and his friend and fellow WSTLA Eagle, Artis Grant. During that time, I had an opportunity to become acquainted with Mr. Cochran and to discuss topics with him ranging from law to politics, family and personal relationships. I expected a man with a large ego who liked to hear himself talk. What I found instead was a man with great humility and compassion. I found a man who wanted to hear about others. He was genuinely interested in the trial attorneys in our association and the extent of our efforts to fight off tort reform in this state. He was already familiar with much of the work we had done and was genuinely interested in learning more about our efforts. He cherished family and friendships. Fighting for the rights of injured people, the disenfranchised and the disadvantaged was a labor of love.

So, how did this impressive career get started? When did Mr. Cochran first develop his love and passion for the law? At 11 years of age, Mr. Cochran read To Kill a Mockingbird. Atticus Finch became his hero and the first seed to become a trial attorney was planted. Atticus's willingness to represent the disadvantaged and suffer alienation in his community, all in the name of justice, had a long-lasting effect on Mr. Cochran.

His next major influence occurred when he was in high school in 1954. He read about Thurgood Marshall and the case of Brown v. The Board of Education. Justice Marshall believed that our courts were our civil temples, where our most difficult problems could be resolved. Mr. Cochran was influenced by Justice Marshall's urgings that we use the courtroom as a tool for change--that as attorneys, we strive to deliver justice to those who have the least. As a young attorney, he decided that he wanted to practice law like Thurgood Marshall. In fact, throughout his career, when he and the other attorneys in his office were trying to decide whether to take a case, they would always ask, "what would Thurgood do?" Even today, he continues to ask this guiding question.

In Mr. Cochran's keynote address, he talked about the importance of the "three P's"-Preparation, Preparation and Preparation. He admonished the audience to never let themselves be out prepared. He stated that you have to be willing to go to trial. You cannot be afraid to lose. Mr. Cochran reflected that in his criminal defense practice, he lost many cases. It was impossible not to.

Mr. Cochran told us that "you could do good and well, at the same time." By "good," he meant you can gain fame and fortune through your efforts. By "well," he meant that while achieving personal success, you could also benefit your community and society as a whole. He then shared with us several stories of cases in his career where he not only did good, but he did well.

In addition to the three "Ps" of Preparation, he told us that you also need three more "P's"- Perseverance, Persistence and Passion. In championing civil rights and standing up for the disenfranchised, you need to go the distance, even if it takes decades. Mr. Cochran talked about his representation of Geronimo Pratt, who was a decorated American hero in the Vietnam War and later became a leader of the Black Panther Party. He was arrested, charged with murder and ultimately convicted in 1970. The appellate process took over 25 years. But Mr. Cochran was eventually successful in proving that his client had been framed by his government and thereby was able to get Mr. Pratt's conviction overturned. It took perseverance, persistence and great passion to spend over 25 years on a case, which eventually led to justice.

Mr. Cochran exhorted us that we have been entrusted to make a difference in the world. He reminded us that when you fight for the least of us, you fight for all of us. In closing, he quoted Martin Luther King, "If there is injustice anywhere, it affects justice everywhere."

Steven G. Toole, WSTLA EAGLE member, is with the Law Office of Steven G. Toole, P.S. in Bellevue, Washington. Mr. Toole is President of the Washington State Trial Lawyers Association.

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