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When I heard Jayne Reardon, executive director of the Illinois Supreme Court Commission on Professionalism, was retiring, I wanted to prepare a Q&A for the ISBA with her thoughts about the future of our profession.
I worked with Jayne as a commissioner and then commission chair for almost 15 years. Together we launched initiatives including courthouse professionalism trainings, which put courthouse personnel in the shoes of their patrons for a day to explore professionalism and access to justice challenges, and have co-taught professionalism-focused courses at EdCon, Cook County and Illinois New Judges Schools, and various bar associations.
Jayne is a nationally renowned leader in professionalism. She chaired the ABA Standing Committee on Professionalism, was named a 2021 ABA Legal Rebel, and received the Illinois Judges Association’s Amicus Award in 2020.
How has the legal profession and court system changed during your time at the Commission?
Jayne: Undoubtedly, the biggest change has been the adoption of technology. Technology has radically altered the daily activities of those in the legal profession and our courthouses and, therefore, has created the need for increased education and competency in this area.
The global pandemic created momentum around this issue in a positive way and some of these changes will stay in place after the pandemic. The result should be an increase in the efficiency, effectiveness, and reach of legal and court services.
What are the biggest professionalism challenges and opportunities for the courts and practicing bar moving forward?
Jayne: The persistent lack of diversity, equity, and inclusion in our profession remains a challenge from a professionalism and client services perspective. Research shows that diversity flourishes in civil environments and that clients are increasingly looking for diverse perspectives when hiring legal representation.
In the Commission’s surveys of Illinois lawyers, a majority reported that incivility discourages diversity, so stamping out incivility and creating a culture of belonging in workplaces is a necessary step for addressing this challenge.
Well-being is another significant challenge. Recent data from Yale Law challenged the notion that attorneys experience a higher rate of mental health problems, but did find that they consume twice as much alcohol as other highly educated professionals, which can lead to countless professionalism challenges and exacerbate other problems.
While alcohol was once the center of firm functions and team-building events, we’ve recently seen organizations move away from this practice.
But the most significant challenge that’s facing our profession is the legal services gap. Research shows that only 15 to 20 percent of the civil legal needs of low- and moderate-income individuals are being met.
We encourage pro bono service, but we cannot volunteer away the gap, especially because many don’t know that the problems they encounter in their personal lives may have a legal solution.
We need to remedy the fact that our profession doesn’t do a better job of meeting the current needs of our communities.
You’ve mentioned the pandemic, are there other ways it has affected the legal profession?
Jayne: A major byproduct of the pandemic is that hybrid work is likely here to stay. On a dime and for two years, expectations around the nature of work--where and when it is performed—were upended.
Although firms and organizations are beginning to welcome people back to physical offices, I think it’s likely that a hybrid work model will be adopted.
We need to institutionalize the flexibility we’ve been living with for the last two years and develop ways to supervise, mentor, and promote newer members of the profession in this environment.
How can lawyers and judges better work together to enhance the administration of justice?
Jayne: The pandemic has provided the legal profession with a chance to reimagine and improve the way we do things. The courts have begun to consider themselves as a service, not a place, and changes like remote hearings have provided easier access to the court system for clients and allowed attorneys more time to focus on client work rather than travel.
Moving forward, lawyers and judges must continue to work together to leverage the efficiencies uncovered in the pandemic to reduce the cavernous gap between those who could benefit from legal services and those who receive them.
Moreover, we need to continue to develop, mentor, and sponsor underrepresented minorities who may be interested in a legal or judicial career. Many people from traditionally underrepresented communities have said that they didn’t consider the legal profession as an option until they saw an attorney or judge who looked like them.
A more inclusive legal and judicial system would support greater public confidence in the rule of law and the justice system. Lawyers and judges are not only representatives of the legal system but are often local leaders who play an essential role in creating fair, respectful, and inclusive communities that prioritize access to their institutions for all.
Why is the Commission on Professionalism’s work important?
Jayne: The way we treat one another is at the heart of functioning relationships, organizations, and communities. More than 90 percent of attorneys who responded to our Survey on Professionalism believe incivility impacts public confidence in the legal profession.
We educate and engage lawyers about respectful ways to interact so that ideas can be explored in settings conducive to change or conflict resolution.
In a time of LegalZoom, tech platforms, and alternative business structures, lawyers must define their value and the value of the services they provide. If we fail, we could see more and more potential clients seeking legal help elsewhere.
We will be exploring the topic of “attorney value” at our The Future Is Now: Legal Services conference on April 21. Registration is open and we hope you will join us! (Link: https://thefutureisnow.2civility.org/.)
What’s next for Jayne?
Jayne: I’m not entirely sure. I have had a great ride at the Commission on Professionalism. Yet it’s time to step aside and cheer the 2Civility team on to even greater heights.
As you know, professionalism is in my blood, so I will remain engaged at some level and in some way. Time will tell.
Thank you, Jayne, for your years of service to the Illinois Supreme Court and the lawyers and judges of Illinois. We wish you every happiness for the future!