(an article by Maitland Kalton first published in the Solicitors' Journal (UK) in November 2003)
You will be hearing a great deal about a new movement in the legal profession called Lawyers for Change in the coming months. It is committed to turning things around so that law and lawyers are seen as invaluable contributors to society.
Launched this autumn, it is already attracting support from people who don’t necessarily know how it will work but are determined to make a difference. That morale in the legal profession is probably at an all time low is pretty uncontroversial.
In the 20 years, the reputation of lawyers in the community has fallen dramatically. Whether it is fair or not, the fact remains that the profession enjoys less public recognition than ever. With that decline in perceived value to the community comes a whole variety of consequences such as less willingness to pay good money for advice and a lack of appreciation which leaves many lawyers dissatisfied with their work and their calling.
If things continue as they are, lawyer stress levels will continue to rise, profitability will fall and the reputation of lawyers in the community will decline still further as service standards fall victim to low morale. In return, clients will perceive that they are getting an increasingly poor service from a profession that they see as being self-interested and greedy.
There is an alternative future, a future of what the legal profession could be to society in which the profession is seen as an invaluable part of society, a contributor, not a leach; an inspiration, not a blot on the landscape. There can be few of us who do not want to be valued and do a good job for our client. Our insecurities may cause us to doubt our abilities but a dogged determination to make a difference rather than be resigned to the current state of affairs offers much more fulfilment than is possible at present, even if the path is a difficult one.
This vision may at first glance appear somewhat altruistic rather than realistic, but it is not so very long ago that lawyers were revered. Redressing the trend is therefore very realistic, provided it has sufficient support in the profession.
So, what will this entail? Many different things – whatever you can conceive would make a difference. Above all, it calls for “thinking outside the box”, say Lawyers for Change. They make it clear that the parameters are not fixed and that regular brainstorming will be essential: “If we limit our thinking to currently accepted norms and limitations, we will simply get more of the same. With wholehearted commitment, the opportunities are endless”.
Initial thoughts on some things that may be involved include:
- expanding pro bono services so that all firms take responsibility for doing a certain percentage of fee-earning time on such matters;
- making a stand for ethical business practices by positively promoting fair terms in dealings with employees, suppliers and customers;
- influencing law makers to make laws consistent with the values of the movement;
- empowering business clients by training them to avoid and deal with straightforward legal problems for themselves;
- transforming dispute resolution by making mediation the preferred route;
- getting to know our clients inside out and delivering legal services in ways that suit our clients needs, not what we think they should want.
As an example, extensive consultation with one of the founder’s business clients revealed that when offered an "ethical" option, many welcome it wholeheartedly. Initial fears that it might put people off have proved wrong, provided the matter is addressed properly: by creating extra options rather than judging current conduct as positively unethical. In a post-Enron era, few business people really set out to be bad and they just need pointing in the right direction to encourage them down the ethical path. In fact, a recent report commissioned by the Institute of Business ethics has shown the first tentative statistical links between companies having an ethical business policy and financial success - Dell Computers' strong ethical stance is an inspiring example of those who take the bull by the horns.
With such challenging issues in mind, Lawyers for Change invite members of the Law Society, the Institute of Legal Executives, Bar Council, the professional bodies of other legal professionals such as licensed conveyancers, CEDR, the International Bar Association and so on, to join this movement and take it forward powerfully.
There is a real hunger for something different when you start talking to other lawyers about it: for a new way of being and practising as lawyers. It is a huge challenge that Lawyers for Change do not underestimate or shy away from – they want as many people involved in law as possible to join them so that the dreams becomes a reality.
If you want to make a difference and help rebuilding a sense of pride and satisfaction in our profession, please email maitland@kaltons.co.uk as soon as possible. Please pass this article on to anyone you think may be interested in rising to this exciting challenge.
Footnote: please note that Lawyers for Change has subsequently launched and as at the date of posting has some 160 supporters. It has clarified and expanded this article alomost beyond recognition. www.lawyersforchange.org.
