|
The Utah Supreme Court has established a commission to address the problem of unprofessionalism in the legal profession. This commission is to be chaired by Justice Mathew Durrant. The
Court has expressed real concern that this problem is serious and growing. Courts across the country have established similar commissions to study whether the phenomenon of incivility and
unprofessionalism is becoming more widespread or is limited to a few bad actors. These commissions are studying possible responses the courts or the Bar should make.
Partly because I didn't get around to writing a President's Message this month, and partly because an article I wrote several years ago seems quite timely in light of this new
commission, I am submitting the following rerun.
There was a time when the only occupations known as "professions" were the military, the law, medicine, and the ministry. What do these "professions" have in common
today? We all take ourselves too seriously.
Of course, it's hard to be humble when you command the immense destructive power of armies and navies. It's hard not to be proud when you direct the awesome and majestic power of the
government and the law. It's hard not to be arrogant when you confront disease and even death itself and provide healing and life. It's hard not to take yourself too seriously when you
speak for God. Indeed we in the traditional professions may stand a little taller than the mere mortals that surround us. No wonder everyone in the United States of America hates us.
Even I hate us sometimes. Can't we lighten up just a little? Do you know why there are so many lawyer jokes? Because lawyers are easy pickings for those looking for a laugh at the expense
of an arrogant, self-important creep. Let's face it: we have some bad apples in our barrel. Even Jesus disliked lawyers, and Jesus was an exceptionally tolerant fellow.
Arrogance is not at the heart of being a lawyer, however. More of us became lawyers because of examples like Atticus Finch than examples from L.A. Law. I know a large number of
lawyers, their skills, and their reputations. In the comparatively small legal community of Salt Lake City, I run into lawyers in casual situations all the time. When I see a lawyer
making a fool of himself (herself/itself) and an embarrassment of the legal profession, it's almost always the lawyer on the margins of the profession, widely known for ineptitude. It's
usually these marginal ones who mention that they are lawyers as they complain to the waiter, or the dry cleaner, or the storekeeper, or act as if they are going to sue because the soup
is cold or someone parked a car in front of their house. It's almost always the semi-competent who write the insulting letters; who bluster and threaten and accuse and attempt to
intimidate.
Think about the last really uncivil letter or telephone call you received from another lawyer; or think about the last time you saw a lawyer in court full of sound and fury; accusing,
blustering, and generally full of himself (herself/itself). I'll guarantee you that this lawyer fell into one of only three categories: 1) just out of law school, and may not know better;
2) an absolutely marginal lawyer with almost no practice experience except this case; or 3) one of a select list of about a dozen lawyers, statewide. Any judge can give you this list.
These jerks are our dredges. And there appears to be no cure. But, what can we do? Do you think requiring a certain number of CLE hours in bowling would make SOB lawyers into regular
people? Making them suffer and endure humiliation wouldn't help; they already did that in law school. And bluntly lecturing on proper behavior doesn't help either, because they just don't
get it. It seems to be congenital. I wish we could just disbar them, but I don't think we could legally do that, even though "arrogant butthead" is not a constitutionally
protected class or a suspected criterion.
Here's the thing: There are a certain number of people on this planet who are full of themselves, thinking they are God's gift to humankind. Not all of these have the aptitude in math to
get into premedicine. There are a certain number of people who love to bully and intimidate. Not all of them have the physical abilities required to succeed in the military, police
academy, or as gym coaches in junior high. There are people who believe that every word they speak is full of wisdom and gospel truth, and that they speak for, to, or with God. The best
of these went into the ministry; the worst are institutionalized; most of the rest became journalists. Still there are some left over who went to law school.
Yes, my brothers and sisters of the Bar, some of the leftovers and dredges of these groups have found their way into the legal profession. If we can't shame them into repentance, at least,
can each of us resolve to behave ourselves as ordinary, fallible mortals?
Perhaps the doctors will one day develop a pill which will cure the scourge of arrogance. On that glorious day may each of these doctors take one of the pills himself (herself/itself), and
then they may deliver a truckload to the Law and Justice Center.
Amen.
|
