Thoughts on the Role of Lawyers in Society

April 12 is International Be Kind to Your Lawyer Day: http://bekindtolawyers.com/our-

story.html . The day was initiated by Steve Hughes, who as a non-lawyer, works closely with
many lawyers whom he has come to know and deeply appreciate. Lawyers, in common with
other professionals in society, offer a valuable service in many different ways and to groups at
every level of society and in both public and private sectors. It is important to acknowledge and
thank those who provide a high level of service upon which modern society depends. The day
also provides an opportunity to reflect upon the role of lawyers in society.

Firstly, it is important to realise that lawyers play different roles, many of which are only seen by
those who directly benefit from their services. While the drama of the courtroom is emphasized
in film and novels, no less important and far more prolific are the many services provided out of
the limelight, but upon which both business and government depend.

Secondly, it should be noted that the role of a lawyer varies among countries. Nations have
different legal systems and the rights, obligations and duties of lawyers will vary according to the
legal system of which lawyers are a part. Even among legal systems in the same family, the roles
played by lawyers might differ. For example, in the US much insolvency work is done by
lawyers. In Australia (also a common law country) such work is done primarily by the
accounting profession. In Australia, some states divide lawyers work into those roles performed
by a solicitor or a barrister. However, in the US there is only one legal category of legal
practitioner, though in practice lawyers will specialise. In China, lawyers in the public sector
have played key roles in drafting the legislation, rules, and regulations that have provided the
regulatory infrastructure for Chinas economic growth and development. Similarly, Chinas e-
commerce growth and development has been greatly facilitated by lawyers who have designed
the legal framework which provides sufficient certainty and flexibility to give consumers, traders
and the many organisations behind the scenes in making it all work.

Thirdly, it is important to realise that the role of a lawyer in almost every society is undergoing
significant change. The nature of legal services, new cost structures, new models of legal service
delivery, greater flexibility in working practices and many other factors are threatening
significant disruption to the nature of legal practicea point powerfully made by Richard and
Daniel Susskinds recent book on the Future of the Professions (Oxford University Press, 2016).

Fourthly, one should mention the vital role that lawyers often play in preserving, promoting and
protecting the Rule of Law in society. Lawyers are masters of process and the democratic
processes of government require a vigilant legal profession for their protection. History is replete
with examples of lawyers bravely speaking truth to power, especially when that power has gone
beyond the bounds of law.

Fifthly, lawyers also play an important role in promoting human rights and protection of the
environment. This role is highlighted in the asic Principles on the Role of Lawyers Adopted
by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of
Offenders, Havana, Cuba, 27 August to 7 September 1990:
http://www.ohchr.org/EN/ProfessionalInterest/Pages/RoleOfLawyers.aspx

Fifthly, excellent lawyers are effective communicators. Both in oral and written form they deploy
language to draft detailed documents that enable transactions to be performed with confidence
and clarity about who is to do what, by when, and under what circumstances. Such
communication literally makes the world go round.

While Hollywood exalts in the battleground of the trial, the truth is that more often lawyers help
to resolve disputes, the vast majority of which will settle out of court. As US President Abraham
Lincoln urged:

Discourage litigation. Persuade your neighbors to compromise whenever you can. As a

peacemaker the lawyer has superior opportunity of being a good man. There will still be business
enough.

Sixthly, it must be recognised that while we should all be kind to professionals with whom we
work, this is not to say that all is well with the legal profession. The reality is that legal expenses,
in contrast to most other business expenses, have remained high. Many people cannot afford a
lawyer. The law also remains alien to many people who feel alienated by its strange language and
high degree of formality. The legal profession and judiciary remain dominated by males from the
elite classes of society and unrepresentative of society as a whole. The law is becoming further
and further behind advances in technology and can be slow to change and thus becomes an
obstacle in redressing many problems that confront society.

Seventhly, not only is the role of a lawyer often not understood, but many members of the public
have a low regard for lawyers. Sadly, lawyers have done a poorer job than accountants, for
example, in evidencing and advocating the value-add that they bring to their clients and society
as a whole.

US Supreme Court Justice, Louis D. Brandeis, wrote: If we desire respect for the law, we must
first make the law respectable. At their best however, lawyers have played leading roles in
bringing about much needed change in society. Examples are the role of law in ending slavery
and racial discrimination, bringing about consumer protection and promoting justice and
equality. In a world that is growing ever more complex and crowded and facing many problems,
society more than ever before needs lawyers who can step-up and be proactive in designing
solutions that enable us to move forward together as we work constructively and peacefully and
in accordance with the Rule of Law.