My Perspective
I am a generalist. This means that I’ve resisted the direction of the profession to specialize. This is typically seen as a shortcoming, but I see it differently.
My experience has taught me that advising on technical legal issues is usually not the most important thing for a client. For example, if a woman is considering a marriage separation, the amount of support she can expect to receive is an important consideration. However, it’s seldom the deciding factor. It’s simply one of many factors to be considered. So we’ll discuss many things, from how to sell the house to the underlying reasons behind the decision to separate. Everything is relevant and connected.
A person’s story is the stuff of life. The law only becomes involved if the person’s story intersects with the story of others. Collectively we have established rules for ourselves - how we must behave and interact with one another. Over time these rules have multiplied and multiplied - so much so that people now need help to understand what all the rules mean.
The legal profession hasn’t yet come to grips with the problem of legal complexity. The growth of law has been huge in the past twenty-five years with the result that no one can claim complete mastery of all of the law. It’s just too big. So lawyers reduce their area of practice. They specialize. This isn’t a solution. It’s simply a coping mechanism. There seems to be an attitude that we can just continue on as we have, with little or no restraint.
I think the system’s in peril. The rule of law will collapse under its own weight if we’re not careful. The strength of the law lies in the faith people put into it. With so many rules and regulations, the public’s trust and acceptance of the law is being strained. We’ve created so many laws that no one, not even the judges, can keep up. But the profession pretends otherwise.
I feel the legal profession’s failure lies with its fundamental values. It mirrors the ills of modern society with its emphasis on unchecked materialism. Added to this, is the elitism that most lawyers exhibit. The focus of lawyers has been on ego gratification and earnings rather than on client service and the pursuit of justice. People can sense this, and that’s why there seems to be such a negative view of the legal profession today.
I’m sharing my observations after many years of practice. These views, and many others, are found in my recent book, The Lawyer Game – A Guide to the Secret World of Law. I‘ve been through the long journey of professional disillusionment and have come out the other side. We can build a better profession and a better society. But it must begin with an honest self-appraisal and the desire for change.
My primary role as a lawyer is to guide my clients in the right direction. Mostly I listen. I want to understand the various dimensions of their situation. It doesn’t matter what the problem is. Most problems can be solved simply. All it takes is some honesty, a little bit of reflection and some courage. I try to help my clients see this.
My goal is to help clients see their way to a better, happier life. Often, the simple act of telling their story is enough for them to gain some clarity. It’s my privilege to assist clients in this way.