Almost imperceptibly, three terrible socio-economic waves have struck the legal profession and changed its nature forever, even though a majority of lawyers and judges steadfastly refuse to recognize those changes. The first was the industrial revolution, the next was the revolution in information technology, and the third is the deadliest economic recession in the history of U.S. The delayed impact of the industrial revolution transformed the lawyer-entrepreneur into an executive. The second wave of information technology turned the ‘man of learning’ into an information broker. The third wave has made money the ‘only measure’ of professional success.
These socio-economic changes have radically transformed the social role of a lawyer. The hallowed role of a lawyer as a business counselor has practically vanished as business leaders have become more learned and knowledgeable. The symbols of professional success are no more those of the past. There is little public recognition of a lawyer as a person of consequence. The social status of a lawyer as a ‘learned person’ has vanished. Except for a handful of fortunate professionals, a lawyer has no individual identification separate from his/her law firm affiliation. The only symbol of success that remains in control of an individual lawyer is money.
So, today, success is judged by income, and the worth of a lawyer is measured by his/her income. Titans of learning are pushed to insignificant corners in law firms and billing partners glorified as rainmakers. Those in charge of getting the money are the new heroes of law firms, not those who get the work done and delivered.
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Oh yes, such an attitude has its obvious consequences. It leads to failing law firms whose existence does not depend upon loyal learned people, but on rainmakers who would leave as soon as they see signs of disaster. In fact they are ready to bring in disaster by leaving without any concern for other lawyers hurt by their selfish decisions. But why be selfless when the law firm itself glorifies selfishness, and would not stand by you in your hard times?
A lawyer like Clarence Darrow would be laughed at today and pushed out of law firm boards – only the rainmakers matter, billable hours matter, and those who bring in the most money are glorified as successful. Who is more learned, or a better subject expert or has better integrity is immaterial, the only thing that is material in measuring success as a lawyer today is money
It’s a pity that even today lawyers remain culturally conditioned to believe in the likes of Clarence Darrow ruling the court and in idolizing fantastic models of success which are totally out of sync with the reality of the 21st century. Perhaps there is no other profession in the world which still loves to cling to its roots in the guilds of medieval ages than that of lawyers. And that creates misperceptions and takes a toll on individual careers. People fail to realize that an ‘independent’ practice or ‘solo’ practice is as much ‘interdependent’ as any other modern profession, and further fail to realize that for every lawyer out there, the game has changed and the ‘lawyer’ idolized in law schools belongs to the 18th century, and is better left there.
Reference:
Macklin Fleming, Lawyers, Money, and Success: The Consequences of Dollar Obsession (Westport, CT: Quorum Books, 1997)