Article

Why 'Kill All the Lawyers'? How Shakespeare helps us define professionalism for Oregon's lawyers and judges

Authors: Barrie J. Herbold and Hon. Wallace P. Carson Jr.

This 1999 article from the Oregon State Bar Bulletin, written by Oregon Supreme Court Chief Justice Wallace P. Carson Jr. and Markowitz Herbold co-founder, attorney Barrie J. Herbold, uses Shakespeare's famous line "kill all the lawyers" as a jumping-off point to define legal professionalism.

The authors argue that Dick the Butcher's line from Henry VI is widely misunderstood. In context, Cade's rebel mob wanted to eliminate lawyers precisely because lawyers were the gatekeepers of knowledge and the legal system — destroying them was a prerequisite for overthrowing the government. Far from an insult, the line underscores how essential lawyers are to a functioning, just society.

Oregon lawyers and judges bear a responsibility not just to their individual clients, but to ensure the entire justice system works fairly and efficiently for everyone — especially those without power or resources. This obligation, they argue, is what distinguishes professionalism from mere ethical compliance.

Practical applications: The authors translate this into concrete duties, including:


  • Providing legal services to low-income people
  • Promoting diversity in the bar
  • Eliminating bias within the system
  • Embracing alternative dispute resolution
  • Practicing courtesy and civility
  • Rejecting aggressive "Rambo" litigation tactics that obstruct rather than serve justice


MARKOWITZ HERBOLD PORTLAND
1455 SW Broadway, Suite 1900
Portland, OR 97201 503-295-3085

MARKOWITZ HERBOLD NEW YORK
605 Third Avenue, 16th Floor
New York, NY 10158  - 212-909-2610

© 2025 Markowitz Herbold PC - All Rights Reserved Terms of Use | Privacy Policy