Broadening our horizons

Consider these recent statements by lawyers about how the public views various aspects of the profession and the legal system:

• “Unfortunately the public perception of the legal profession is not good at the moment. Much of this is driven by the perception that legal services are hugely expensive and do not deliver value for money. There has also generally been a dumbing down and commoditization of legal services, which we as a profession have been slow to address. We have also not been effective in promoting ourselves and the positive contribution that we make to the wider society.”

• “In fact, although politically appointed judges, including those previously active in partisan politics, have invariably risen to the occasion, they have had to struggle to counter the public perception of political bias.”

• “While [sentencing in criminal] cases represent a very small part of the everyday work of the courts, they can have a significant impact on public perception and confidence in the justice system and the sentencing process.”

The president of the Cardiff & District Law Society, Wales, made the first statement. The next statement came from the president of the Chamber of Advocates, the Republic of Malta. And the final statement quotes the justice minister of Northern Ireland. Surprised? You shouldn’t be.

I traveled several countries via the Internet, and found the challenges faced by the bench and bar here not to differ much from the challenges faced by judges and lawyers the world over. Just a few months ago, a British newspaper reported that a member of the Privy Council of the United Kingdom said, “I have always thought that people do not like lawyers until they need one.” I doubt American lawyers and English barristers are alone in feeling this way. Lawyers, wherever they practice, contend with a public that distrusts them and lacks confidence in the courts. Blame human nature. Conflict breeds contempt, and contempt leads to resentment and negativity.

Yet, rarely do we look abroad for ways to overcome the public’s negative perceptions.

The president of the Cardiff & District Law Society, for example, suggested that the profession must “deliver a positive message” about its work and showcase pro bono service, charitable fundraising, and initiatives undertaken by the profession. Maybe we can improve public perception here by studying the approach of the Wales bar. Similarly, we might benefit from Northern Ireland’s review of sentencing. The justice minister there, “to ensure the effectiveness of legislative framework,” has ordered “a comprehensive review of sentencing policy,” though not sentencing decisions, which she emphasized is within the purview of the courts. The public’s reaction to the final report might provide some useful insights for us.

A broader world view could help us better shape our future because, while the legal systems in democratic nations vary, the way people react to the legal system and lawyers varies less than we might imagine. My suggestion is simple— in dealing with issues that vex us, we should not ignore the experiences of our peers elsewhere.

We might learn something. 