Tabberone is pronounced tab ber won |
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Source: http://www.uiowa.edu/~cyberlaw/elp02/gqfinfin.html Only this excerpt from this article was used. It can be read in it's entirity at the URL above. Emphasis was added by us. |
A Residency for All Gary L. Quick November 11, 2002
II. Some Current Legal Problems A. Aspects of the Legal Profession 1. Public Opinion of Lawyers is Very LowIt has been observed that the public has conflicting expectations of lawyers.2 People want a lawyer who is tough and someone who will fight for their rights. At the same time, they want lawyers to be friendly and kind. Surveys report that people think lawyers are too greedy, file unnecessary lawsuits, and manipulate the legal system.3 At the same time, people like that lawyer's put client's interests first, and that they protect people's rights.4 Unfortunately, of course, these positive and negative views are but the two faces of the same activities. This inherent conflict leads to some of the negative attitude towards lawyers. Illustratively, unflattering jokes about the legal profession are common in the popular culture.5 Beyond jokes, the negative attitude is reflected in drawings,6 poems,7 and any number of verbal stories and riddles.8 Rarely are any of these flattering to or respectful of attorneys. On one hand, they are just jokes. To some degree, however, their very prevalence suggests they do reflect the public's perception of lawyers.9 Furthermore, surveys demonstrate this same perception. In some surveys of public opinion, lawyers rank below insurance agents in admiration felt for the profession.10 One poll revealed that 60% of people have a "fair" or "poor" impression of lawyers, and just 5% have an "excellent" impression.11 Though there is no agreement on a single reason, and there are likely many, lawyer advertising has been noted as one possible contributing factor of the negative image.12 Startlingly, for a profession already held in such low esteem, the news gets worse. In one survey, 36% of respondents stated that their perception of lawyers had recently declined, while only 8% said it had improved.13 All of this shows a profession that is not well respected in society today. 2. The Legal Profession Also Has a Low Opinion of ItselfThis public opprobrium is certain to have an effect on lawyers. Although in 1990, 75% of lawyers reported that they were satisfied in their work, since 1984, there had been a 20% reduction in those reporting they were "very satisfied."14 The causes are not limited to public opinion external to the profession, but also include changes within the practice of law itself. The 1990 survey noted a marked increase in many categories of negative experiences, which appear to contribute to the decreasing satisfaction. The categories of negative experiences include less time for self and family, advancement not determined by quality of work, and firm politics.15 All of these can be characterized as a loss of control. Each of these concerns seems to be related to the relentless push for more billable hours and the transition from a professional model to a business model for law firms.16 Others suggest that lawyers no longer follow the "wise counselor" or "lawyer statesman" ideal.17 The transformation of law into a business has resulted in increased competition between lawyers, increased pressure for billable hours, and a decrease in mentoring and fraternity.18 One author suggests that an approach to ethics based on virtues and character rather than the current focus on rules as a guide to professional ethics, would help re-establish the profession in more positive terms.19 Focusing on justice, fidelity, self-care, and prudence would establish an ethics base that is more effective in promoting the positive aspects of the profession.20 In addition to dissatisfaction within the profession, and a changing approach to the practice of law, lawyer's mental and physical health is deteriorating. Depression is a prevalent mental health affliction for lawyers. The depression experienced by lawyers is likely at least partly due to society's conflicting expectations.21 Because lawyers internalize the conflict society projects onto them, lawyers can become self-conflicted. This conflict can lead to depression and dissatisfaction with a legal career. In fact, one study of 103 occupations found that severe depression was more likely to occur among lawyers than any other occupation.22 One study found that lawyers were 3.6 times as likely to suffer from major depressive disorder as others with similar key socio-demographic traits.23 Not only is depression prevalent among lawyers, but other mental illnesses occur frequently as well, including increased levels of anxiety, hostility, and obsessive-compulsiveness.24 Lawyer's troubles include physical afflictions as well. Lawyers are problem drinkers at almost twice the national rate.25 The suicide rate for white male attorneys has been estimated to be more than twice that of other white males.26 Divorce rates for female attorneys are substantially higher than divorce rates for women generally, and are significantly higher than those for other highly educated groups of women, such as female doctors and professors.27 As for general health, researchers agree that lawyers as a group are "in remarkably poor health."28 Given all of the above, it should come as no surprise to find that lawyers share some of the public's unhappiness with the profession. A study of California lawyers found that only half would become lawyers if given the chance to do it over.29 A study in North Carolina had similar results.30 In an ongoing study, the University of Michigan conducts surveys of graduates every five years. This study has recently revealed striking decreases in the percentage reporting they are "quite satisfied" with their careers.31 From the five year survey of the 1976 to the 1991 graduating classes, this "quite satisfied" percentage dropped from 45% to 37% for lawyers practicing in small firms, and from 53% to 30% for those practicing in large firms.32 Other studies also show declining satisfaction, and such study results encompass both associates and partners.33 |