ISSN 1062-7421
Vol. 11 No. 12 (December 2001) pp. 601-602.

GREAT AMERICAN LAWYERS: AN ENCYCLOPEDIA by John R. Vile (Editor). Santa Barbara, CA.: ABC-CLIO, Inc., 2001. 2 vol., 820 pp. Cloth $185.00. ISBN: 1-57607-202-9.

Reviewed by Paul J. Weber, Department of Political Science, University of Louisville.

Despite its hefty price and length, GREAT AMERICAN LAWYERS is a fascinating, often entertaining read. The editor polled a number of historians, political scientists and lawyers to come up with a list of notable lawyers across the range of American history. The result is a good mix, ranging from Andrew Hamilton (1676-1741), the lawyer who defended John Peter Zenger in a famous freedom of the press case, to Kenneth Starr (1946- ). Although there is a fair sprinkling of Supreme Court Justices and Presidents (13) selections were based primarily on the basis of the lawyers' reputation as courtroom litigators. Legal theorists and skilled negotiators are absent from the book. So are law professors, with a few exceptions such as Laurence Tribe and Alan Dershowitz. More than half (59) was born in the twentieth century, reflecting both the expansion in the number of lawyers and their ability to develop national reputations.

The selection process described by the editor is as interesting as the entries. Vile decided not to include anyone who had not reached the age of 50, and fortunately for some of the entries, decided against making an issue of morals or character. That means he has included some, such as the late Earl Rogers, who may have contributed substantially to the mixed reputation of the legal profession. Professor Vile decided not to title this work "America's greatest lawyers", and an apparent attempt to rank the top twenty-five was abandoned. Efforts to establish criteria for greatness are wisely confined to a discussion in the footnotes. [For those interested, Clarence Darrow appeared to be the front-runner for "litigator of the century" before this project was abandoned.] The two major criteria for inclusion in this book are (a) success in a number of high profile litigations and (b) reputation. It helped if the lawyer had written books or had been the subject of a biography. These are clearly not the unsung heroes of American law.

Entries follow a formula of mixing personal and career information with a discussion of the major cases each person litigated. Each entry of approximately 2500 words is followed by a short bibliography of source material. This has worked to keep the entries consistent and of surprisingly good quality. Entries are broken up by interesting and occasionally clever sidebars that tell the stories of notable lawyers who didn't make the cut, or are noted for some specialty, such as lawyer-author John Grissom, or relate some amusing legal anecdotes.

Readers of the Law and Courts Section will recognize many, if not most of the "characters" included, such as F. Lee Bailey, Melvin Belli, Vincent Bugliosi, Johnnie Cochran, Alan Dershowitz, Percy Foreman, Richard "Racehorse" Haynes, William Kunstler and Gerry Spence. Also included are many of the heavyweights who

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argued frequently before the Supreme Court, such as Leo Pfeffer, Leon Jaworski, Archibald Cox, Charles Houston and Hayden Covington. The entries include seven women and six African-American lawyers. The editor's selections show that law has been a white male bastion through most of American history but that this situation is rapidly changing.

A listing of names, however, cannot do justice to the variety, passions and ingenuity of the lawyers profiled here. We read here of the patient, calculated strategy of a Charles Houston undermining the separate but equal doctrine of race relations though a series of small, often obscure cases until the stage was set for Thurgood Marshall and his team to urge its overthrow in BROWN v. BOARD OF EDUCATION. We also read of the precocious Republican lawyer, and later Justice Charles Evans Hughes, and a stalwart defender of corporations, John Forrest Dillon. What the entrants in this encyclopedia have in common is a powerful ability in the courtroom to persuade juries, sometimes in seemingly impossible circumstances. Occasionally they are able to move public opinion as well. It may well have
been the fear of such trial lawyers as Johnnie Cochran that propelled the Bush Administration to propose military courts for trying suspected foreign terrorists.

One of the techniques that make this an interesting book is inclusion of the various antics, clever traps and strategies used by attorneys in the courtroom to persuade juries. I was disappointed, however, to note the absence of a story about Richard "Racehorse" Haynes reported some years ago in the WALL STREET JOURNAL. Haynes was defending a particularly despicable character accused of nailing one of his victims to a tree. In an effort to show that too much was made of the seriousness of such a "crucifixion" Haynes is reported to have taken out a hammer and calmly nailed his own hand to the jury rail. Judge and jurors were aghast, but he did save his client from the death penalty. Of course Haynes conveniently failed to inform the jury that he had shot his hand full of novocain.

If there is any theme that can be discerned as distinguishing great litigators it is that they are dedicated individuals who prepare for trials in a thorough, meticulous fashion, who achieve an extraordinary grasp of the facts in their cases and who have a savvy, intuitive understanding of human nature that serves them well in the courtroom.

GREAT AMERICAN LAWYERS is not a theoretical book; rather it contains a series of short, highly informative biographies. The primary readership will likely be college and high school students studying high profile cases or looking for brief descriptions of famous lawyers. Those who teach Judicial Process or Law and Society courses will also find here a rich trove of stories with which to enliven a class. The editor has included several useful appendices, including listings by year of birth, by century in which they were born, and by the state in which they primarily practiced and the colleges they attended. There is even a quiz appended: "How Well Do You Know Your Great American Lawyers?" The book concludes with an extensive bibliography and index.

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Copyright 2001 by the author, Paul J. Weber.