Utah Bar Journal

Why Don't They Like Us?

by Keith E. Taylor

In the January 2000 issue of the Utah Bar Journal, I bid my fond farewell to a noble profession. Since then I have given some serious thought to why the general public does not recognize lawyers as being trusted representatives of a noble profession. After all, lawyers are responsible for our unprecedented freedom in this wonderful country. The difference between our society and those of such totalitarian states as the late USSR is not in the words of our respective constitutions but in the vigorous implementation, application and enforcement of those words, almost exclusively done by lawyers. Well then, why don't they like and respect us?

With some justification, some think that a major cause are those few self-aggrandizing buffoons frequently foisted upon us by the mass media. Others blame the media itself for creating circus - like trials such as the O. J. Simpson trial. However, I suggest that these are aberrations and simply can't be the sole cause of widespread disdain of the legal profession among members of the general public.

What then are other causes? Am I a part of the problem? Are you a part of the problem? Let's pretend to be a fly on a palm branch and listen to a hypothetical conversation between Mary Bell and Jeffrey Hall, two vacationers from Salt Lake City, sitting on a beach in Hawaii. Maybe that will give us a clue.

Mary and Jeff meet on the beach to admire the morning sunrise.

Jeff: "This place is wonderful, but I can't really enjoy it because one of my colleagues defrauded me and I've got to find a lawyer and sue as soon as I get home."

Mary: "What did he do?"

Jeff: "He falsely stated that he had an exclusive real estate listing on a $1 million property. His false statements resulted in a sale to my client and that (expletive deleted) received a very large sales commission which rightfully was mine."

Mary: "That's awful."

Jeff: "Do you know a good attorney in Salt Lake City?"

Mary: "I know a bad one."

Jeff: "Who is that?"

Mary: "John Arrogante."

Jeff: "Tell me about him. Why is he so bad?"

Mary: "Well, I guess the bottom line is that he was just full of surprises and I hate surprises."

Jeff: "Oh, what kind of surprises?"

Mary: "Don't get me started on that subject."

Jeff: "Name one."

Mary: He was a bundle of surprises -

1. I was surprised when I cooled my heels for 52 minutes in his waiting room after I had taken great pains to be on time.

2. I was surprised when he finally was free that he did not come to the reception room and greet me. I was briskly ushered to the throne.

3. I was surprised that he showed so little interest in me as a person and in my most serious problem. He was an arrogant (expletive deleted).

4. I was surprised that he took several telephone calls from other clients while I was sitting at his desk. I sure wouldn't want him talking to me on the telephone about my confidential matters while he had another client sitting at his desk. After all I was paying for his time and I should have had his undivided attention.

5. I was surprised that he did not explain to me the legal process and the availability of alternative dispute resolution, which I only learned about later.

6. I was surprised that he did not warn me about how terribly slow the litigation process is.

7. I was surprised that he did not explain to me the approximate cost of what my litigation would be.

8. After the case was filed, I was surprised that he did not keep me informed about what was going on and why.

9. I was surprised that he did not return my phone calls - never did.

10. I was surprised that I did not get regular billings that I could plan for. At the end of the case, three years down the road, I about had a heart attack when I received his bill.

11. I was so shocked at his bill and the fact that I had so seldom heard from him over a three-year period that I filed a complaint with the Bar Association."

Jeff: "Did that help?"

Mary: "Well, it did and it didn't. He showed up at the hearing with a file six inches thick showing that he had done a tremendous amount of work. I was really surprised about that. Why didn't he send me copies of all of those papers and keep me informed as to what he was doing?"

Jeff: "Did he win your case?"

Mary: "I think so. I got some money. Not as much as I expected, but when I saw how much work he'd done, maybe it was okay."

Jeff: "Well, I won't use John Arrogante. But that wasn't my question. I asked you if you knew a good lawyer."

Mary: "Sure, Jenny Icare."

Jeff: "Would you use her again if you have a legal problem?"

Mary: "Yeah - she was great."

Jeff: "Did she win your case?"

Mary: "Well, not really."

Jeff: "Then why would you use her again?"

Mary: "There were no surprises. She was really interested in me and in my problem. I could tell it was a very high priority with her. She never made me cool my heels in her waiting room. She never took calls from other clients while I was in her office. She explained all of the risks of litigation and the different legal processes available to settle disputes. My problem involved my job. She came to my office and learned all about the company - without the meter running. She billed me every month so that I could keep track of the costs and budget my cash flow. She returned my telephone calls. Several times she even called me at home in the evening when she was out of town or not available to return my call during office hours. She kept me informed of what she was doing. Whenever she wrote a letter or put anything in her file, she sent me a copy. My file at the end of the case was as big as hers. When nothing was happening, she would write to me or call me and explain to me why and what she expected to happen next. Do you know what? She even remembered my birthday!"

Jeff: "You said she did not win your case. What happened?"

Mary: "When negotiations for settlement failed, we filed a lawsuit in court. But when our motion for summary judgment was denied, we went to mediation. The mediator and Jenny persuaded me to settle for a small fraction of what I had originally thought I should get and the company changed some policies so that I wouldn't get shafted again. But it was fair."

Jeff: "Why didn't you tell me about Jenny when I first asked the question instead of going on this tirade about John Arrogante?"

Mary: "I wanted to make sure that you didn't go to that (expletive deleted)."

If this hypothetical conversation had actually taken place, would it have surprised you? It should not. Way back in the late sixties, the Economics Committee of the then Junior Bar Section of the American Bar Association conducted a motivational study in Missouri. Persons who had used lawyers in the past were selected at random and asked if they would use the same lawyer again. They were then asked to list the reasons why they would or would not use that attorney again.

The response to those questions was surprising at the time. Clients who would return to the same lawyer and recommend that lawyer to others responded with such answers as: "Friendliness." "Courtesy." "Promptness." "Kept me informed." "Billed me every month." "He was understanding."

Those clients who reported that they would not retain the same lawyer again and would not recommend him to others stated reasons such as: "His impersonal attitude." "Arrogance" "Bored with my problem." "He was rude and brusque." "He spent my interview time talking to other people on the telephone," "He had a superior attitude." "He failed to keep me informed." "He did not bill me regularly."

Interestingly, clients who would retain the same lawyer did not list as a reason: "He won my case." Likewise, those who would not retain the same lawyer did not list as a reason: "He lost my case."

Now, upon reflection, it occurs to me that when you or I exhibit any of the characteristics listed as "surprises" by Mary with respect to John Arrogante, we add fuel to the fire and contribute to a negative impression of lawyers generally. On the other hand, to the extent that we treat our client as the very most important person in our law practice and treat the client, as did Jenny Icare, we will convey to the public that we are trusted representatives of a truly noble profession.

Why was Mary so anxious to bad-mouth John Arrogante and had to be asked a second time to unearth for Jeff her good experience with Jenny Icare? It occurs to me that hurtful gossip and bad news is eagerly passed with gusto from person to person. It's simply a human characteristic. On the other hand, good things and good news all too frequently don't make news and aren't reported to the extent that bad experiences are.

I suggest to the reader that if you and I refrain from causing our clients the kinds of surprises Mary suffered with John Arrogante and if we recognize the client at our desk as the very most important person in our practice and treat him or her accordingly as did Jenny Icare, we will begin to earn the respect of all of our clients and of the general public. They will begin to understand that we indeed are practicing a great and noble profession.

Posted by BarJournal at June 11, 2005 03:42 PM