In law school, there is no shortage of attention dedicated to the problems with the legal system. There are students, lawyers, and faculty working on access to justice, legal innovation, legal system reform, and legal aid projects. Ample opportunities exist to hear speakers, engage in workshops, and participate in conferences all aimed at improving the legal system. And yet, despite all these meaningful, well-intentioned opportunities, I find myself hard pressed to find any evidence that the negative reputation lawyers have been saddled with for generations has improved whatsoever.
Do the public not know about these efforts? Do they not care? Something tells me, though both these questions may very well have an affirmative answer, they are beside the point. The disconnect between lawyers and the public continues, wedging a firm and uncomfortable mistrust between practitioners and our beloved potential clients. Unfortunately, this is our problem. Since it is our salaries on the line, brushing off the public for their ignorance to internal efforts to improve the legal system will not suffice. A hard look into the mirror, to acknowledge and accept the root causes of “legal-hate”, is well overdue.
At the outset, it’s valuable to recognize that legal-hate is an old game. Shakespeare famously wrote “let’s kill all the lawyers,” and over the centuries many who have read the quote, without the context, have nodded approvingly at the proposal. To this day, everything from Disney movies to HBO dramas depict lawyers as greedy, conniving, and manipulative. Unfortunately, most aspects of the law do involve either conflict or control, which are inherently uncomfortable subjects. Couple this with our global history of elitist corruption and abuse of legal power, and it is no surprise legal-hate runs deep.
However, as a new member to the legal community, exposed as I am to all the positive efforts to improve the legal system, I find myself wondering if the “evil lawyer” depictions are accurate. I’ll go as far as to say that some lawyers are pompous, arrogant, and egotistical. But downright “evil”? Maybe I’m still yet to meet the worst lawyers, but fortunately, none of the encounters I’ve made so far have been with such distasteful individuals. In fact, many of the lawyers I’ve met are actually quite the opposite of what Hollywood would have us believe. They are caring, intelligent, and ethical, with a desire to use their positions for socially beneficial purposes. It is true that the power and authority of the legal profession attracts some individuals for selfish reasons. But, by the same token, it is equally attractive to those who want to make positive, tangible social change.
Given my personal experience, if I were to wager, I would say that the population of downright “evil” lawyers is, at best, only slightly higher than what one would find in any other industry. But even if the “good-evil-spectrum” of lawyers isn’t as bleak as it may be suggested, I suppose legal-hate can still be partially blamed on the bad lawyers. After all, it rarely takes more than a few people to ruin things for the masses. That being said, bad lawyers aren’t alone enough to cement a centuries-old reputation.
Another part of the blame lands deservedly on ongoing issues with the legal system itself. Statutes are written in complicated jargon, courthouses are confusing to navigate, and legal services are difficult to access. Since lawyers have made themselves responsible for managing the system, it only stands to reason that the reputation of bad lawyers gets even further cemented every time the system is mismanaged.
However, I don’t think this is the whole puzzle. Part of it is the culturally enhanced reputation, part of it is the result of a flawed system, but legal-hate can be blamed on a third culprit as well: legal-helplessness. When the vast majority of people don’t understand the law and don’t feel comfortable interacting with it, negativity festers. When things are going well, it’s largely because the law is working as it’s supposed to, and that involves being unfelt and unnoticed. Individuals typically only interact with the legal system when things are bad. Therefore, often when the law is first felt by someone, it comes with an initial helplessness, as the so-far silent and uninteresting system suddenly becomes a disruptive and all-consuming force.
Though law students and lawyers may be engaged in valuable efforts to improve the legal system, more attention should be made to move away from an insular, inward-looking approach. If our efforts are not felt by the public during moments of legal-helplessness, it will be much harder to make them felt at all. When work is done to improve the legal system or the reputation of lawyers, it is valuable to direct that work to the at-risk and in-need public. Not only will these groups show the greatest appreciation; they are also the ones at the most important crossroads, where the options to receive guidance and help, or to be isolated and abandoned are both equally before them. If the legal community consistently shows empathy, patience, and a willingness to help at this critical juncture, it will have an immeasurable impact towards lessening legal-hate.
I believe that when you combine the relationship many individuals have with the law, with the ingrained reputation of lawyers, and the inherent problems in the legal system, you find some of the most important root causes for legal-hate. Does that make it more excusable? Less? I’m not quite sure. What I do know, is that every law student should be faced with these tough realities the first day they start school, rather than being left to figure them out for themselves. The legal profession will come a long way once a less insular approach is adopted, which puts the public firmly at center-stage and directly addresses the root causes of legal-hate. We’re already seeing many systemic changes in the legal system and community, hopefully more efforts to address and dispel legal-hate are coming soon!