Positive and Negatives of Being a Lawyer

The Positives’ and Negatives Of being a lawyer
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Unit 7
Barbara Gutierrez

The American Bar Association published a study in April 2002 on how the public views lawyers. s. Some interesting findings include:
Positive Perceptions * -58% of clients were ‘very satisfied’ and 18% were ‘somewhat satisfied’ with their lawyer’s services – only 9% were ‘very dissatisfied’ * -59% say most lawyers are interested in serving their clients and are knowledgeable about the law – only 34% say lawyers deserve the bad reputation they have * Americans believe the law is a good/respectable career. Someone recently found this blog with a search on “All Lawyers Are Assholes.” Yes, complete with the initial caps. After I quit laughing (and got over being briefly miffed that this search implies that I, too, am an asshole simply because I’m a lawyer), I started wondering whether the searcher was looking for confirmation of his/her assertion. As a lawyer introduces themselves and admits, that I’m a lawyer, people’s attitudes shifted subtly. Sometimes, they get hit with a request for free legal advice: “Y’see, I have this problem with my [employer, service provider, spouse, whatever] and I’m wondering….” Others, especially medical professionals who weren’t doctors, would almost shudder and back off. . It seems it would be a privilege to be a lawyer. They have the ability to effect change in society more directly than many other professionals, have the skill and training to recognize when something just isn’t right and to work to make it right, and have the opportunity to help people who need it. Strangely, that isn’t how the public usually perceives lawyers, and sometimes I wonder whether it’s how the profession perceives itself. Attorneys sometimes behave as if practice is a burden, a horrible way to make a living because of the competing demands of practice and life and satisfying clients. And, no doubt, sometimes it is a burden, but it’s a voluntary burden and it’s important for us to recognize that if the burden were too heavy, if it outweighs the privilege, plenty of other jobs are available that would reap the benefits of a law degree without actually requiring practice. Too often, they view our work as hours to be put in, a way to make more and more money. Reaping financial reward isn’t wrong. But I submit that something is off-kilter when a profession becomes all about money, and I’d argue that something has gone very wrong when the public perception is that a lawyer can be bought, that the outcome of a legal dispute depends most on which party has the higher-paid lawyer. This is a bigger problem than I’m prepared to address today, not only because of the public perception but also because so many new lawyers face the squeeze of student debt and salary lower than they’d been led to expect. Finally, there’s a huge negativity surrounding legal practice. We who work with lawyers are lawyers both propagate and, in my view, suffer from this negativity. * Negative Perceptions * Americans believe lawyers do a poor job of policing themselves (only 26% agreed with the statement ‘the legal profession does a good job of disciplining lawyers’) * Lawyers have a reputation for winning at all costs * Lawyers seen as being driven by profit and self interest rather than client interest * Americans believe lawyers manipulate both the system and the truth * Americans believe some lawyers’ tactics border on unethical * 19% of consumers say they are ‘extremely’ or ‘very’ confident in the legal profession or lawyers (compared with 50% for doctors, 46% for the US Supreme Court, 33% for Judges, and 22% for Federal Congress – only the media was lower at 16%) Prospects find it difficult to tell a good lawyer from a bad one * Prospects are often unclear about what a lawyer will do for them and how much they will charge Consumers complain most about lawyers’ fees – saying they charge too much, are often not upfront about fees, or are unwilling to account for charges or hours * Consumers complain that lawyers drag out cases unnecessarily (some believe to inflate expenses) – this can be especially true for divorce lawyers who exacerbate an already difficult situation Perception that lawyers take cases they aren’t equipped to handle or fail to competently represent their client * Nearly 7 in 10 households had some reason to seek legal counsel during the past year (2001) – the most common events are real estate transaction, mortgage refinancing, damage to property or automobile, creation of wills or estate plans, inadequate health care, moving traffic violations, and trouble with creditors * - 55% who had an event in the last 12 months that a lawyer could have helped them with say they don’t plan to hire one - 1/3 of all US households say they considered hiring a lawyer but did not. Common reasons were that lawyers are too expensive, they took care of it by themselves, and it wasn’t worth it/wouldn’t do any good.

An ambulance chaser is an attorney or agent of the attorney who shows up at the scene of an accident and attempts to solicit business from the injured victim. That is in the traditional sense, but it takes other forms as well. Ambulance chasing is strictly prohibited by lawyers' rules for professional conduct. Lawyers may generally not ask for business directly from a potential client, whether in-person or by phone.

This rule arose out of the fact that lawyers are business owners, too, whether people like it or not. Just like in any business, there are some people who will push the boundaries of acceptable behavior in order to make a buck. And injured people are also vulnerable people, who can be manipulated into accepting legal representation, without having had the chance to stand back and consider all their options.

When the lawyer is standing there insisting that the potential client sign on the dotted line, right then and there, "or else bad things could happen to your case," it's easy to see this as unethical behavior.