Arguing the case for 'Love Litigating Lawyers Day'

By Eugene Clark
0 Comment(s)Print E-mail China.org.cn, August 31, 2016
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The older I become the more I realize that things are seldom what they seem. We feel like we are standing still, but everyone on planet earth is spinning around and moving at great speed. The sun appears to go around the earth, but the opposite is true. There are colors we do not see, many smells we cannot sense, and light wave lengths we cannot see. The things we see, those that reflect light, are small in number compared to the dark particles that flow through everything and which we cannot perceive. Media, too, can shape our perceptions in ways that can make them highly inaccurate. In the US, for example, the media can give one the impression that crime rates are up when in fact they are low compared to past decades.

Yet another example of these errors in perception relates to the negative views most people have of lawyers, especially the litigating kind. August 31 is Love Litigating Lawyers Day. It represents an opportunity to redress the mistakenly negative impression that many people often have of lawyers and litigation.

In reality, on an individual basis most people like, respect and even admire their own lawyers. Statements about 'my lawyer' are overwhelmingly positive. However, when we refer to the other side's lawyer (your lawyer…) or lawyers and the profession in third person (those lawyers), negative perceptions abound.

Love Litigating Lawyers Day represents a chance to challenge the accuracy of these negative impressions.

Lawyers engaged in dispute prevention and resolution. Contrary to media portrayals, lawyers seldom go to court, though they do have to prepare in case that necessity eventuates. But most issues never reach the stage of a dispute. This is because good lawyering makes clear the various rights and responsibilities of each party. In the rare cases that there is a dispute, it is almost always settled or negotiated. Today especially, lawyers use litigation as a last resort.

Technical proficiency. Modern life is highly detailed and requires a complex rules-based infrastructure to define the various rights and responsibilities of diverse members and sections of society. The analytical and technical skills required to do this are of the highest order and something to be commended and admired.

Good business sense and wise counsel. In addition to advising their clients, lawyers are invaluable members of management teams in the worlds of business and government. Their ability to focus on achieving their client's objectives and general common sense are highly valued by those who work with them. Globalization, for example, would be impossible without lawyers who, in the absence of binding international law, work out the details that make possible the framework of international finance, international trade and other aspects of the global economy. Without fanfare or much acknowledgement, lawyers also do an amazing amount of 'pro bono' work on behalf of philanthropic groups and other organizations and individuals in society.

Ethical and dedicated professionals. The role of a lawyer is in a real sense 'applied philosophy' or philosophy in action. While the academic or the philosopher can sit back and theorize about the world, the lawyer and the judge must actually apply the law and come to a decision, devise a strategy and take action. These actions are guided by a strict code of professional ethical conduct, which, while not perfect, generally works well in advancing principles that are balanced and practical.

Lawyers as leaders. Lawyers produce more leaders than any other discipline. For example, in governments around the world, the majority of politicians and senior government officials have law as one of their qualifications.

Seeking justice, righting wrongs. While far from perfect, lawyers working through the legal system have fought for civil rights, protected consumers, busted up anti-competitive monopolies, secured the release of the wrongfully imprisoned, gained compensation for the injured- and the list goes on.

In short, the skills gained from a legal education are invaluable in a 21st century world that is ever smaller. Conflict is a fact of life. We need lawyers to helps us negotiate, survive and thrive in this new environment. Contrary to media portrayals, lawyers working in their myriad and diverse roles are invaluable to the progress of civilization and the achievement of civil societies. I am proud to be a lawyer and law academic. I am thankful for the opportunity to contribute to one of the most important and noble of professions and have benefitted greatly from and been inspired by my 'learned friends'.

Eugene Clark is a columnist with China.org.cn. For more information please visit:

http://www.china.org.cn/opinion/eugeneclark.htm

Opinion articles reflect the views of their authors only, not necessarily those of China.org.cn.

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