Leadership
of lawyers is vital and powerful
By Casey
Hurley
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
Bull said, "Insurance
companies in
The pro bono work of lawyers
is a third kind of legal leadership. Whalen said, "The history of pro bono
work in
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."
The Buncombe County Bar has
received two North Carolina Bar Association "Chief Justice Awards,"
which recognize outstanding pro bono organizations in
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