Leadership of lawyers is vital and powerful
By Casey Hurley
May 11, 2003 12:07 a.m.

My brother-in-law, Paul, was both an assistant district attorney and a criminal defense lawyer. He once told me that, because I was an educator, I could easily become a leader in my field. Paul's statement was meant as a complimentary prediction, but to me it was a reflection of professional arrogance.

In other words, unlike his own experience in the legal field, Paul pictured me swimming in a sea of mediocre fish (educators).

Paul died of cancer at a young age. At the memorial my wife noticed people who were strangers to the family. Paul did pro bono work (free legal services) for these individuals, and they were there to pay their respects. Maybe Paul was a leader in his field, without realizing it.

What does it mean to be a leader in the legal field? How do lawyers exercise legal leadership?

The professional arrogance that spawned Paul's lawyer- educator comparison is one factor that makes it difficult for attorneys to be recognized as leaders.

Individualism, self-sufficiency and arrogance are built into the profession, beginning with the socialization that occurs in law school. These professional norms inhibit lawyers from following others in their field, or recognizing others as leaders.

Furthermore, the legal field has a horizontal structure. It reaches clear across society.

The Yellow Pages illustrate this in the attorney specialty headings - bankruptcy, corporate, criminal, discrimination, environmental, family, insurance, personal injury, real estate, taxation, wills, etc. No vertical structure exists, whereby some lawyers lead others. Some might view judges this way, but judges are "referees," rather than leaders.

Because lawyers are socialized this way, and because the field has a horizontal structure, legal leadership takes forms that are unique and often invisible to the general public. Nevertheless, legal leadership is vital and powerful.

One kind of leadership emanates from those lawyers who have earned the respect of their colleagues. These attorneys work outside the spotlight, but their peers know of their wisdom in advising clients, and their ability to tell their clients' stories. Leadership manifests itself in their example to other lawyers.

A second form of legal leadership is more direct, but also hidden from public view. Bill Whalen of Pisgah Legal Services said, "Leadership in the development of law is thrust upon us by the situations our clients present. Lawyers are confronted by novel issues not resolved by existing law. So, part of our job is to present these issues to the courts to further resolve them, thereby continuing the evolution of the law."

Our legal system is based on the principle of "rule of law," which means that disputes are resolved on legal grounds, not on the basis of the relative wealth, prestige or power of disputants. Lawyer leaders fight to build a fair "rule of law" system.

Even though legal leadership takes place outside public view, citizens should understand how it works, and that it is always "in the works." Legal debates touch our lives in many ways.

An example of an important legal issue is the recent movement toward alternative dispute resolutions. Mediation and binding arbitration are being touted as viable alternatives to expensive court proceedings. Consumers, however, should be aware of abuses.

For example, companies that finance the purchase of cars and mobile homes sometimes offer contracts that prescribe binding arbitration as the only dispute procedure available to buyers.

Does it seem fair that the same fine print that limits buyer options specifies that financiers may pursue binding arbitration or other legal action if they are the aggrieved party?

Whalen said, "Consumers are often unaware of the meaning of such provisions when they make purchases."

Another legal debate concerns limits on medical malpractice suits. Those who defend insurance companies argue that limits have worked well in some states, and they should be extended to federal courts. Their current publicity campaign tries to convince citizens that doctors are forced out of their practices by high insurance premiums, caused by high-dollar malpractice judgments.

The other side argues that insurance premiums are high for reasons other than jury awards, and that the system already has a check on unreasonable awards - judges have the right to adjust awards.

Still, what about high jury awards for damages? When insurance companies pay high-dollar judgments, we all pay in higher insurance premiums.

Attorney Adam Bull said product safety should be the goal, and high awards sometimes send a product safety message to manufacturers.

He said, "When Ford decided not to change the design of their Pinto gas tanks, they calculated the potential financial cost of making safer cars against the potential cost of damages awarded in lawsuits."

High-dollar jury awards provide an incentive for manufacturers to make safer products.

A North Carolina legal debate concerns contributory negligence.

Bull said, "Insurance companies in North Carolina love this one because often an injured person cannot collect damages, no matter how negligent the insured party may have been." Injured people in North Carolina, unlike in other states, cannot collect damages if their own actions contributed, even slightly, to their injury.

The pro bono work of lawyers is a third kind of legal leadership. Whalen said, "The history of pro bono work in Buncombe County is a model of leadership in the field. In a system like ours, where the rule of law is paramount, equal access is a measure of how the system works for everyone. Unequal access to wealth can lead to uneven access to justice. Pro bono is our attempt to provide equal access."

In other words, the "rule of law" must apply to everyone, and the legal system must be available to everyone, or there is no "rule of law."

Buncombe County is fortunate that many members of the Bar work in partnership with Pisgah Legal Services to operate Mountain Area Volunteer Lawyers (MAVL). This organization provides free legal services to the poor and the elderly for legal problems affecting their basic needs.

The Buncombe County Bar has received two North Carolina Bar Association "Chief Justice Awards," which recognize outstanding pro bono organizations in North Carolina.

On April 30 the MAVL recognized volunteers for their pro bono work. Lawyers recognize the importance of pro bono work, but do they see it as leadership in the field?

My brother-in-law did not see it. Without ever seeing him in the courtroom, however, I now realize he was a leader. It was evident at his funeral.

Casey Hurley is a professor of educational administration at Western Carolina University. He writes occasionally about leadership and regional issues for the Citizen-Times editorial page.