November 1999 

It's Time to Get Back to the Basics

By William E. Cannon Jr.

Most of my time this year has been spent on the subject of public confidence in the justice system. I have spoken to many civic clubs and bar associations about the troubled relationship between the justice system and the public. However, the most important steps we can take to restore public confidence in lawyers and the legal system will not come from the State Bar — they will come from individual lawyers. Each lawyer must find a way to regain the respect of that lawyer's clients and community

We can begin by reclaiming our passion for the law. Politicians use the phrase "fire in the belly" to describe the drive that keeps candidates going 24 hours a day during an election. In the last few days before a trial I find myself with that same feeling. I am completely focused on the case and I seem to have unlimited energy. During those times I feel like a combination of Perry Mason and Atticus Finch. What I need to work on is having that same passion on Monday morning when I'm going to the office instead of the courtroom; feeling that same passion when I meet with a difficult client for the 23rd time. We must recapture the excitement we felt about practicing law when we first entered the profession.

The manner in which we recapture the fire may take different forms depending on the individual lawyer. It may consist of simply setting aside a block of time each week to work on files that require special attention. We can try volunteering for pro bono work for any one of the agencies that need our time and skill. For others it may mean taking a chance and giving up one area of practice for another that you really enjoy.

Clients want lawyers who have a passion for their clients. We must communicate to our clients — each of them, one at a time — that they have hired a human being to represent them — a human being who will devote his or her brain and heart to advocacy for the client — who will listen with an attentive ear, who will prepare with inspiration and perspiration, and we will see a difference in the way the public views our profession.

Before we can obtain the public's respect we must respect ourselves and our legal system. I read an article in Trial magazine, a publication of the Association of Trial Lawyers of America, several years ago. The article focused on the unfortunately common trial tactic of attacking opposing counsel during closing argument. The author's opponent referred to "lawyer tricks" and denigrated the author's efforts in his closing. When the trial was over the writer spoke with his opponent and told him how troublesome his conduct was. He reminded the young lawyer that an attack on opposing counsel would cause the jury to lose respect for all lawyers.

When I read the article I recognized myself. For some time I had routinely referred to good arguments by my opponent as attempts to deceive and urged the jury to ignore such tricks. I had embarrassed myself and insulted my profession. Since that time I always compliment my opponent even when it is difficult to find something to compliment. I explain to the jury why each side needs a lawyer and while I may have a strong disagreement with the lawyer's client or the position taken, I have great respect for the attorney and the job he is doing. Think of how many people serve on jury duty and the number that could hear such free public relations each year.

The same approach can work for transactional lawyers. If you get the chance, compliment the lawyer who prepared the first draft of a contract you are reviewing for the other side in a business transaction. If probating a will prepared by another lawyer, be sure to mention to your client what a fine professional drafted the will.

We are not hired guns in a cheap western shootout. We are professionals and we must act that way. Our clients are always watching and listening to see if all those nasty things said about attorneys are true. Let's give them something positive for a change.

The respect we need must be more than between lawyers — it must also exist in bench and bar relations. It is so tempting when we receive an unfortunate ruling to blame the court — even more tempting when the court really does deserve the blame. However, I beg you today to avoid taking the easy way out. Don't let the disappointment of an adverse outcome cause you to vent with your client against the court. Try to explain that judges really do try to do the right thing and there is no malice intended if they make a wrong decision. If we run down the system our clients, who see us as part of the system, will think less of us as well.

I am a huge fan of Rumpole of the Bailey. Rumpole is a fictional English barrister with a dry sense of humor and a wonderful appreciation of human nature. He once counseled a young lawyer who had expressed displeasure with a ruling of the court that "contempt of court is a practice best done quietly — much like meditation." He understood that sometimes we may feel utter contempt for the manner in which a judge behaved, but he also understood that sharing those feelings was of benefit to no one.

William E. Cannon Jr. is president of the State Bar of Georgia. His article is reprinted by permission from the June 1999 issue of the Georgia Bar Journal.

"We are not hired guns in a cheap western shootout."

Judges must also respect lawyers. The public looks up to judges — at least they will if the politicians let the judges do their jobs — and the public gets its impression of lawyers in many cases from the attitudes judges show toward attorneys in the courtroom. If a trial judge never passes up a chance to embarrass attorneys in front of the jury what message will this convey? Will it enhance the reputation of the judge or our legal system? Of course not, and you can bet those jurors will share their experiences with all their friends and neighbors.

On the other hand, if the judge treats the attorneys with respect, that judge will send a strong message that attorneys should also be respected by the jury. Even better, if, after thanking the jury for their service, the judge were to remind the jury what an important role lawyers play in peaceful dispute resolution, 6 or 12 lay persons might leave with a more favorable impression of lawyers. Judges require respect from attorneys. We attorneys deserve it as well; and we will all benefit from its presence.

To improve our standing with the public we must market ourselves. Lawyers and the legal system have been attacked by some of the slickest media campaigns that can be produced. From the Readers Digest to "Dateline" on NBC the public has been fed a steady diet of greedy and unethical lawyers and aberrant jury verdicts. And what have we done to defend ourselves? Very little. Because some of our fellow lawyers use distasteful ads, we have to a large degree refused to use one of the basic tools of good public relations. Because we are so busy we have not taken the time to let our own clients know when they are obtaining quality and value from us. Because we are busy, we have not volunteered to speak to civic clubs and schools.

We must learn to use the skills and talent that we developed during law school and in the practice of law. We are trained communicators. We practice daily the art of persuasion. We must now use our special gifts to defend our profession.

It is time for us to take the offensive. We must not be reticent to market the good that we do and the importance to the average citizen of protecting their rights. It's something that any lawyer can do and it's a responsibility that every lawyer has to his profession.

Finally, we must become less focused on money. The one word that seems to be most frequently associated with lawyer is greedy. Too many people think we are motivated more by financial gain than devotion to our profession and our clients. We do not need to reinforce this negative view of our noble profession. I received a brochure from a firm a few years ago and it consisted entirely of bragging about how much money they had made during the past year. I wonder what any lay person receiving that brochure would have thought. It would have confirmed everything derogatory they heard about attorneys.

Overemphasis on money has a less obvious effect on our profession. If we eventually succeed in becoming well-off we risk losing both our passion that I talked about earlier and our independence. A couple of years ago I was fortunate enough to settle a large products liability case. I found myself with more money than I had ever dreamed of. The year that followed was one of the least satisfying of my career. Quite frankly, I think I just got too comfortable. I fell in love with the good life and began to measure each day's success by whether or not I had taken in another large case. I suspect that many of my clients developed less than a favorable impression of me during that time. In contrast I spent the last year and a half focusing on two things that I really enjoyed — training two associates that we had hired and increased involvement in State Bar work. I had a significant drop in income but I felt more like a lawyer than I had in several years.

I am not asking anyone to take a vow of poverty but I am asking you to think about the possibility that we have lost our focus and the public knows it.

Are you tired of the nasty jokes? Do you want to be proud of what you do? Then let's start today, one client at a time, changing our habits, regaining our passion, proving to those we serve that we deserve their respect.