On October 24, 2015, Colorado Law student Gurney F. Pearsall III (’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, “Revisiting Antigone’s Dilemma,” Pearsall notes the dilemma that attorneys and judges face when presented with “immoral laws,” those that force people to choose between what is legal and what is right. Pearsall proposes a reconceptualization of the American Bar Association’s 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’s essay was inspired by discussions in Professor Melissa Hart's Legal Ethics and Professionalism class.Â
“The 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,” he said. “When I came across this competition, I knew that Spaulding and its surrounding topics would be interesting to explore further in an essay.”Â
“Gurney 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,” said Professor Hart. “It’s wonderful that Gurney has continued to grapple with, and write so eloquently about, these issues.”
Pearsall said that he was humbled and inspired by the recipients of other prizes at the awards ceremony. “I could tell that I was in a room full of role models, and I think they all exemplified the Talmudic principle that scholars should also be saints,” Pearsall said.Â
“We are extremely proud of Gurney for this accomplishment. Ethics and professionalism are key tenants of the legal profession, and his essay exemplifies Colorado Law’s mission of fostering excellence in these areas,” 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 “promotes the ideals of excellence, civility, ethics, and professionalism within the legal profession,” 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.