In Defense of Lawyers

William Shakespeare suggested that the way to improve society was to "kill the lawyers." Many Americans today believe that Shakespeare was right. There is a sentiment by both Republicans and Democrats that lawyers are greedy crooks who manipulate the system for their own benefit and for the benefit of their rich guilty clients. Many also believe that Lawyers are the cause of high health care costs, insurance costs and why criminals roam the streets at night committing crimes and killing innocent victims.

In many cases, lawyers are greedy and manipulate the law for their own benefit and the benefit of their clients. Lawyers do work hard to find technicalities to get criminals off the hook. Many lawyers live up to the horrible names people call them. And guess what? You wouldn't want it any other way.

To define what a lawyer is one must first declare what a lawyer is not. Despite what is shown on television and in the movies, most lawyers are not rich and powerful people. Most lawyers do not drive fancy cars and live in big fancy houses. Most lawyers are hard working people just trying to get by and live paycheck to paycheck with much of their salaries going to paying off hundreds of thousands of dollars in student loans. Take for instance those lawyers that work for the public defenders' office and non profit groups that have student loans to pay off and make (where I live) about $38,000 a year.

The American Heritage Dictionary defines a lawyer as: "One whose profession is to give legal advice and assistance to clients and represent them in Court or in other legal matters." This hardly defines the many different roles a lawyer plays.

First, lawyers are advocates. They advocate on behalf of their client. Lawyers have a duty, as defined by law, to zealously advocate their client's position. The American legal system is an adversarial system. Each side to any lawsuit has its own lawyer whose sole job to advocate their given position. This is why each side points out the flaws in the other sides arguments. It is their job to point out weaknesses, no matter how trivial, in order to gain any advantage in favor of their client. Because there is an attorney on each side, in theory, the system is fair. One of the reasons people hate lawyers is they are willing to say the thing nobody else wants to talk about. They do this not because they enjoy it but because it has to be done to advocate for their client.

Second, lawyers are counselors. Despite what is shown on television, most lawyers never see the inside of a courtroom. Instead, they counsel clients on various areas of the law, including estate planning, taxation, business entities and regulation. And many lawyers work for the government protecting the environment or working for other government agencies advising government officials on the law. Lawyers spend most of their time in their office staring at a computer or a book. In reality, it is not the glamorous life portrayed on television.

Third, lawyers are advisers. Many lawyers advise corporations and the government on the legal effects of a contract, a treaty or newly passed legislation. Lawyers keep up with the state of the law to help guide these organizations through legal channels. By law lawyers have to be creative while at the same time ethical.

Republicans have made "tort reform" a major issue in America. Generally, what tort reform means is putting caps on punitive damages for torts committed by corporations, doctors and even lawyers. As a part of this campaign, Republicans have demonized "trial attorneys" and the personal injury attorney and claim it is their greed that has caused this problem in America. The charge is that lawyers are to blame for increasing insurance costs and hurt small business.

First, there are few actual trial attorneys left in America. It is reported that only 2% of all cases filed in America actually go to trial with most being dismissed in pre-trial hearings. Second, the number of lawsuits filed between 1995 and 2003 fell by 79% according to the Department of Justice under George Bush. Yet it is the Republicans that claim that "trial attorneys" are causing an explosion of lawsuits and forcing insurance companies to raise their rates.

Punitive Damages are awarded to a Plaintiff when the Defendant is guilty of malice or oppression. There is a myth that they are awarded for all tort cases. This simply is not true. Punitive Damages are not available for negligence cases. This means they cannot be awarded for car accidents, slip and fall, and even malpractice cases where there was no intent to harm committed by the Defendant. Yet, so much goes into making the American Public believe that punitive damages are overly awarded. The fact is punitive damages are rarely awarded and have been limited by the Supreme Court and by legislatures across the Country. Last, insurance companies for the most part are not liable to pay punitive damage awards because most states do not allow individuals or corporations insure against intentional conduct. So even if punitive damages were being handed out like candy, the insurance companies are not paying those damages. So why do they case insurance rates to rise?

A lawyers' job is to advocate on behalf of their client. A lawyer has knowledge of a legal system that is confusing and difficult to navigate. And yes, this knowledge demands a premium in market and lawyers are expensive. But if you are on the hook for your life, or the life of your business and livelihood, you want someone who is researching every technicality to get you every advantage. You know the other side will be doing the same. That is the American way.