Legal

Last Lecture: Robert Sitkoff on Resolving Disputes Through Law, Not ‘Baseball Bat’

Harvard Law School
Harvard Law School•Apr 27, 2026

Why It Matters

Sitkoff’s framing of private law as the backbone of everyday justice reshapes how new lawyers view their professional purpose, influencing career choices and legal education priorities.

Key Takeaways

  • •Private law is retail law, essential for everyday client needs.
  • •Lawyers must police private law reforms amid increasing codification.
  • •Public and private law share vocabulary; understanding both is foundational.
  • •Continuous learning transforms legal practice and personal development.
  • •Rule of law can be framed through private ordering, not force.

Summary

Professor Robert Sitkoff’s “last lecture” to Harvard law students reframed the traditional focus on public law by emphasizing the centrality of private law—what he calls “retail law”—in everyday legal practice. He opened with personal anecdotes, from his rapid ascent to a named chair to recent family health challenges, underscoring the human side of the profession.

Sitkoff argued that private ordering—contracts, trusts, estates, and other day‑to‑day arrangements—constitutes the bulk of lawyers’ work and deserves the same respect as constitutional or criminal law. He highlighted the growing codification of private law, urging new attorneys to police reforms and view their role as fiduciaries who shape the rule of law at the micro level. By contrasting public law’s headline‑grabbing cases with the quiet, pervasive impact of private law, he offered a fresh vocabulary for understanding both realms.

Memorable moments included his mantra, “hope for the best, plan for the worst,” and the vivid image of resolving disputes “through law, not a baseball bat.” He also recounted his appointment as the John L. Gray Professor, illustrating how donor‑restricted chairs can steer academic focus toward specialized fields like trusts and estates.

The lecture’s implication is clear: future lawyers must embrace continuous learning, recognize the societal importance of private ordering, and see their work as a public service that sustains the rule of law from the ground up. This perspective challenges law schools to elevate private law in curricula and encourages graduates to take pride in the everyday legal work that underpins the economy and families alike.

Original Description

People are rightfully concerned about what happens in public law — how and when governments exercise power. But lawyers working in private law areas — such as property, contracts, torts, corporations, and family law — also play a critical role in securing rights and the integrity of our legal system, according to Robert H. Sitkoff, the Austin Wakeman Scott Professor of Law and John L. Gray Professor of Law at Harvard Law School.
“On a retail level, equally if not more corrosive to a democratic republic’s rule of law is a failure of private law to achieve the private ordering that people are seeking when someone thinks they've got a deal and they don't,” said Sitkoff on March 30, 2026.
Sitkoff’s remarks came as part of his Last Lecture to the Class of 2026 — a tradition in which Harvard Law faculty offer parting words of wisdom and advice to graduating students.
Central to Sitkoff’s message was that, like their counterparts in public law, private law practitioners bear a responsibility not only to their clients, but also “to the practice of law, and to society as a member of this learned profession.”
Read more on Harvard Law Today:
------
Visit our website: https://hls.harvard.edu/
Subscribe to our newsletter: https://hls.harvard.edu/newsletter
Follow us on social media:

Comments

Want to join the conversation?

Loading comments...