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My Thai Tie

In my closet hangs a reddish-orange silk tie of excellent quality that subtly bears the logo of The Lawyers Council of Thailand.  The tie was presented to me by a delegation of The Lawyers Council in the fall of 2005.  I was asked by the American Bar Association to speak to the group about American class action practice, which they were studying to help develop Thailand's own class action rules.  I was advised shortly before I made the trip to Washington that it is a Thai custom on such occasions to exchange gifts.  I quickly managed to pull together some small gift items from my law firm (a notepad and a baseball cap bearing my firm's name), and received the tie from the head of the Thai delegation after I delivered my remarks.

The ABA had also arranged for the lawyers to get a tour of the Supreme Court and a meeting with the Clerk of the Court.  They invited me to join them, which I gladly did.  Although I was already admitted to the Supreme Court bar, this was my first actual visit to the Court, and it was a privilege to participate in the VIP treatment the ABA and the Court extended to the Thai lawyers.  The meeting with the Clerk took place in a reception hall in the Court building, and the Clerk spoke to us about some of the history of the Court, explaining some of the unique attributes of American jurisprudence to the foreign delegation.  I left that day feeling fortunate to have witnessed a meaningful cultural exchange with persons responsible for helping to shape the law in their own country half a world away.

I was startled then, a few months later, to learn of the coup that had overthrown the prime minister of Thailand.  I frankly didn't know what to make of the situation; did a military dictatorship usurp the office of a democratically elected leader, or did the military rescue the country from a leader who through fraud and corruption had stolen the election?  I am embarrassed to admit that, because I did not reach out to the lawyers I had met to learn more about the situation, I still don't know the answer to that question.

In recent weeks, our headlines have been filled with reports of the violence in Thailand as the military has, for now at least, managed to put down a civilian uprising.  The recent news has caused me to reflect on the significance of the lawyers' visit to this country five years ago.  They caught a glimpse, although no doubt a fleeting one, of our system of laws, which at least since the American Civil War has managed to keep our nation together without any threat of a military dictatorship and without any realistic threat of a populist revolt.  Of course, we have had our share of violent protests, and of violent reaction to peaceful protest, and came frighteningly close to a constitutional crisis during the Watergate fiasco.  And we have had more than our share of national tragedy through political assassinations, as well as political controversy over the legitimacy of the results of some of our elections.  But through it all, our constitution and laws have guided us through peaceful transitions of power that have pretty well reflected the will of a majority of our citizenry, while protecting the rights of the minority with fair, though far from perfect, success.

The political unrest in Thailand has reminded me of the graciousness and earnestness of the lawyers I met in Washington, and I hope to reconnect with them to learn more about what is happening in their country, particularly as it pertains to the rule of law.  Perhaps their legal system has remained intact through their political travails, and perhaps it functions as well as ours in resolving disputes, protecting rights and liberties, and promoting the rule of law.  For now, at least, I plan to wear the tie again as a reminder of an enjoyable day with respected guests, and in gratitude for the good fortune of living in a stable country where our leaders are elected to office peaceably, without military intervention.

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