An Honorable Profession and the Good Lawyers Do

By Frederick K. Slicker

(August 21, 1943 - October 3, 2016)

This article originally appeared in the April 2015 issue of Tulsa Lawyer Magazine.

The public’s perception of the legal profession is very negative. This perception is, I believe, unfair, inaccurate and untrue. There are many reasons for the negative perception, some of which include the following:

• Lawyers charge too much and care too little. • Lawyers profess honesty but act without morality or ethics. • Lawyers are dishonest and spin the truth for their client’s benefit. • Lawyers are schemers and tricksters. • Lawyers are sneaky and smart but sharp in a negative way. • Lawyers will take either side, without regard to the truth. • Lawyers are disrespectful, deceptive, rude and arrogant. • Lawyers are rich. • Lawyers prey off of the misfortune of others. • Lawyers are hypocritical. • Lawyers do not explain how fees are charged. • Lawyers do not explain what expenses are reimbursable. • Lawyers do not explain the adjudication process. • Lawyers use legalese without explanation. • Lawyers do not keep clients adequately and timely informed. • Lawyers often ignore and disrespect the client.

The public’s perception is formed by the media, which portrays lawyers badly. The public does not understand the adversarial system which pits lawyers against lawyers. The public does not understand the exclusionary rule, which excludes truthful evidence from jury consideration. The public does not know what lawyers really do. The legal process is long, tedious, uncertain and expensive. The client’s expectations are often unrealistic. Clients have little contact with lawyers except in crisis. Lawyer jokes demean the profession. The public has no insurance to pay lawyers.

There is some truth in some of these perceptions, but the public’s perception of the legal profession as a whole is mostly misguided. Individual lawyers and the legal profession as a whole have not done a persuasive and effective job of informing the public about the good that lawyers do.

The truth is that the legal profession is a learned and honorable profession. Most lawyers are honest, competent, hardworking, caring, compassionate, respectful, effective counselors and public citizens. Most lawyers devote at least some of their time, attention and experience free for charitable, religious or community service projects. Many lawyers are not paid by their own clients for the good work they do, even when the client does not dispute the invoice.

The truth is that lawyers do an enormous amount of good, both for their clients and for the public. Lawyers play a fundamental and an essential role in maintaining public order and in preserving and protecting the Rule of Law. Some but certainly not all of the activities undertaken by lawyers include the following:

• Lawyers stand for election to public office, often at great personal sacrifice. • Lawyers write the laws, rules, regulations, codes and standards of conduct to establish and keep the public order. • Lawyers represent the government to insure public safety, order and compliance with law.

• Lawyers represent private clients against government over-reaching. • Lawyers represent private clients against criminal charges. • Lawyers represent individuals and organizations in resolving disputes without violence, most often without litigation. • Lawyers give legal advice to the poor, often free and often at great personal inconvenience. • Lawyers mediate peaceful resolution of disputes between adverse parties. • Lawyers volunteer to act as leaders and board members for public agencies, such as school boards, airport authorities, water districts and similar entities, often without compensation. • Lawyers volunteer as leaders and board members for various charitable entities and not-for-profit causes, often without compensation. • Lawyers volunteer as leaders for churches, parishes, synagogues and other religious bodies, serving without compensation. • Lawyers volunteer as teachers, mentors and counselors for educational entities, often without compensation. • Lawyers volunteer as mentors, coaches and leaders to train the youth, usually without compensation. • Lawyers often give free advice in Ask-A-Lawyer and similar informational programs. • Lawyers give enormous amounts of money, time and effort for public, political, civic and charitable purposes. • Lawyers volunteer as speakers at schools and other civic organizations. • Lawyers give money, time and effort to community food banks, day care centers for the homeless, veterans’ organizations and similar not-for-profits. • Lawyers provide lawyer referral services to the public at nominal or no cost.

Lawyers have a great story to tell about all the good that individual lawyers do and about what the profession as a whole does to keep our society free and orderly and to advance the principles of equal justice for all. While lawyers are generally excellent at persuasion, the legal profession has not been effective at persuading the public about the good the profession does. We need to do better for the good of the profession and for the good of the Rule of Law.