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2 entries found. Viewing page 1 of 1.  
June 22, 2010
  Empathetic Family Law Attorneys
Posted By Pasadena Family Law Attorney

My last blog entitled, "The Cause and Effect of the Historical Shift in the Role of Attorneys" explained that a lawyer's role in peacefully resolving disputes ended in the 1960's, when individuals began pursuing the practice of law seeking wealth and power rather than to address social issues and to help people.  The personality characteristics of those entering the field of law changed in accordance with that shift. 

According to a June, 1997 article from the American University Law Review entitled, "Lawyer, Knowing Thyself: A Review of Empirical Research on Attorney Attributes Bearing on Professionalism", "Lawyers' relationships with their clients and with the public likely suffer as a result of lawyers' preference for introversion, thinking, and objective analysis, compounded by a lack of sensitivity to human, emotional, interpersonal concerns. Lawyers' preference for introversion suggests an indifference to their outer world, including other people, and their preference for thinking implies a cool, impersonal attitude, both of which suggest that they may not relate well to other people, including their clients. There is recent evidence that lawyers are actually more like engineers than they are like nurses or teachers, being logical and unemotional, yet unlike engineers, in that their work is inextricably involved in interpersonal conflicts and issues.  These lawyer attributes, although they may be adaptive for the practice of law because they allow the lawyer to avoid feeling unduly emotional about his or her clients' cases, may be maladaptive in the client counseling part of legal practice.  One might conclude that lawyers should become more emotional, partial, compassionate, and interpersonally sensitive.  However, there is evidence that humanistic, people-oriented individuals are the least satisfied lawyers."

The article refers to a suggestion by Leonard H. Churmir, Ph.D. "that law schools, large law firms, and judicial appointments committees might consider motivation testing in order to place or direct law students, new lawyers, and politically appointed judges, respectively, and ensure that they will be 'good fits for the position.'"  I found this suggestion of great interest because recently and prior to learning of that suggestion, I had a conversation with a colleague wherein we discussed "the mental state of the attorneys and how their own personalities can interfere with resolving cases."  I told her that "an attorney's own personality was pivotal in potentially having a negative effect on the people they serve" and that before being granted a license to practice law, applicants should be required to undergo some sort of motivation testing.  I recognize and appreciate the fact that the United States is a free country and that the possibility of requiring such motivational testing is unlikely.  However, my area of practice is family law and the potential negative effect that lawyers with a "lack of sensitivity to human, emotional, interpersonal concerns" cause a great deal of damage to families and the children of those families are innocent victims.  That damage is sometimes irreversible and otherwise can take a great deal of therapy to reverse.   

In an article entitled, "Divorce and the Client's Emotional Needs: What Every Divorce Attorney Should Know", Dr. Deborah Hecker states, "Although divorce lawyers do not need to be trained psychotherapists to represent their clients successfully, they need to do what they can to reduce conflict and promote a divorce environment that helps their client remain focused, calm, and goal-directed. An empathetic divorce attorney can see through the anger, greed, and grief and not allow it to impede a successful legal resolution....  A divorce attorney who understands the psychological stages the client is experiencing can better promote adult behavior and provide quality legal resolution."

In 2002, the Section of Litigation of the American Bar Association prepared a report entitled, "Public Perceptions of Lawyers Consumer Research Findings". Among other things, that report found that "some consumers feel that lawyers do more harm than good.  This is particularly true of people going through a divorce.  They say that divorce lawyers can exacerbate an already difficult situation....  This idea does not just come from the media.  Personal experiences bear it out." 

After the discussion I had with my colleague wherein we discussed the mental state of attorneys, she published an article entitled, "Family Law Attorneys Can Make Or Break Your Case".  In that article, she references our discussion states, "My colleague made a great point. The more I do this, the more convinced I am that choosing the right attorney is one of the most important decisions you can make."

If you have a family law issue or questions relating to child custody, please contact Pasadena Family Law attorney Mark B. Baer, Esq. at Mark B. Baer, Inc. a Professional Law Corporation.

Continue reading "Empathetic Family Law Attorneys" »

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June 07, 2010
  The Cause and Effect of the Historical Shift in the Role of Attorneys
Posted By Pasadena Family Law Attorney

Historically, a lawyer's role was peacefully resolving disputes, not creating them.  A reversal of that role seems to have occurred as a result of a change in the type of individuals entering law school.  According to a June, 1997 article from the American University Law Review entitled, "Lawyer, Knowing Thyself: A Review of Empirical Research on Attorney Attributes Bearing on Professionalism", since around the 1960's, "individuals who chose to enter law school have a low interest in emotions or others' feelings."  In 1984, in response to this change, Warren Berger, then Chief Justice of the United States Supreme Court, while speaking about the American legal system to members of the American Bar Association, said, "Our system is too costly, too painful, too destructive, too inefficient for a truly civilized people.  To rely on the adversary process as the principal means of resolving conflicting claims is a mistake that must be corrected."  Chief Justice Berger also stated that "The obligation of our profession is, or has long been thought to be, to serve as healers of human conflicts."  When he made those remarks, Chief Justice Berger was approximately 76 years old and had personally witnessed the change in the legal profession. 

According to the American University Law Review article, it is well documented that since approximately the 1960's, those individuals interested in practicing law do so to pursue wealth and power and not for the purpose of addressing social issues and problems or helping others.  In fact, studies show that a law student who was "concerned chiefly with people, who values harmonious human contacts, is friendly, tactful, sympathetic, and loyal, who is warmed by approval and bothered by indifference and who tends to idealize what he admires" was more likely to drop out of law school than were those students who were less warm and agreeable.  Moreover, such individuals tend to be a small percentage of the student body population of a law school from the outset. In addition, "law students are insecure, defensive, distant, and lacking in maturity and socialization." As if that were not bad enough, "law students' morality" is less concerned about "justice, fairness, equality, and social utility, rather than the formal rules."  It has been found that "law students disproportionately rely on analytic, rational thought to make decisions, rather than focusing on the emotional or humanistic consequences of their decisions.... A disinterest in emotions and in interpersonal concerns appears to exist long before law school, even though it may be intensified during law school....  As a result of their legal education, "students may ignore the social and emotional consequences of decision-making." 

In 2005, a UCLA School of Law Public Law & Legal Theory Research article entitled, "Perception of Lawyers - A Transnational Study of Student Views on the Image of Law and Lawyers" was published in the International Journal of the Legal Profession.  According to that article, only 21% of the students at UCLA Law School believed that lawyers are trustworthy and ethical.  "Students were not told the purpose of the survey until after they had responded..., the questionnaires were anonymous..., and the response rate was extremely high... between 95% and 98%" of the students in the classes.  

The above finding suggests that most law students with those perceptions either "don't mind doing something they consider dishonorable or sleazy" or "think they somehow will be different as lawyers" even though they share those perceptions.  "Are Beliefs About Lawyers' Behavior a Self-Fulfilling Prophecy?  The study above noted that law students based their perceptions of lawyers through exposure to news, popular culture, and familiar or friends who are lawyers.  If their exposure to lawyers has given them a certain perception of the profession, perhaps that perception then affects which students join the profession.  It may be that students who are not bothered by the negative perception of lawyers are more likely to join and stay in the profession.  Those who are bothered by their perceptions of lawyers either don't join the profession at all or leave quickly, rather than stay in the profession and try to change the customs and rules that guide lawyer behavior." 

In 2002, the Section of Litigation of the American Bar Association prepared a report entitled, "Public Perceptions of Lawyers Consumer Research Findings".  The findings were as follows:  "Americans say that lawyers are greedy, manipulative, and corrupt.  Personal experiences with lawyers substantiate these beliefs....  In fact, "the legal profession is among the least reputed institutions in American society....  Lawyers have a reputation for winning at all costs, and for being driven by profit and self-interest, rather than client interest."  Lawyers "are believed to manipulate both the system and the truth....  Lawyers' tactics are said to border on the unethical, and even illegal.  This idea does not just come from the media.  Personal experiences bear it out." 

According to the 2005 article from UCLA School of Law Public Law & Legal Theory Research, in the United States, "lawyers are among the most distrusted professionals....  In the US a recent Gallup poll reiterated the same dismal results as numerous other surveys: the public image of US lawyers is extremely poor.  Lawyers are distrusted more than such normally suspect groups as journalists, politicians, and business executives....  Journalists and politicians are rated as having higher levels of honesty and ethical standards....  A 1997 Harris Poll contained this sobering note on the public perception of the character of American lawyers:  'Recent Harris Polls have found that public attitudes to lawyers and law firms, which were already low, continue to get worse.  Lawyers have seen a dramatic decline in their 'prestige' which has fallen faster than any other occupation over the last twenty years....'  In 1977 over a third of the public (36%) believed that lawyers had very great prestige; 20 years later that had fallen to 19%.  In other words, almost half of the people who accorded lawyers great prestige then do not do so today.  No other occupation has fallen so sharply....  The study found that lawyers, on the whole, enjoy high prestige.  They were, however, not regarded as being very trustworthy or ethical."

It seems that as the public's perception of lawyers' behavior worsens, those individuals who enter the field have an increasing lack of honesty, ethics and integrity.  In other words, the quality of people who become members of the Bar is lowered with each successive wave of law school graduates. 

The American University Law Review article concluded that, "Law schools can change, but promoting change in the self-selection processes of those who decide to come to law school would be much more difficult."

The circumstances to my applying to and attending law school were atypical.  I had come from a family of doctors and dentists and began college as a pre-med student, intending to become a doctor myself.  However, even with the help of the tutor most recommended by the professor, organic chemistry and I did not connect.  I suddenly realized that I needed to select a different major and make a different career choice.  When I took my first course in economics, I found the subject very interesting, excelled academically and liked the fact that taking on such a major left me many options of potential  careers, especially after I added a business emphasis to my major (the closest thing to an undergraduate business major available at UCLA at that time). 

In my last year of college, while my classmates were discussing what they intended to do with their degree, I still had no idea because although I had left my options open, I had never envisioned doing anything other than practice medicine.  I therefore decided to attend law school because I thought that I would learn skills that would be useful in something other than practicing law and it gave me an additional three years before I had to decide what I wanted to do with my life.  When I finished law school, I met with the career counselors in order to see what I could do with my law degree, other than practice law.  To my surprise and dismay, I was told that the degree was really only useful for the practice of law. 

I then reluctantly began my career as an attorney, but soon realized that I actually enjoyed the practice of law, was successful in the results I obtained for my clients and that clients appreciated having an attorney who was a healer and not a creator of conflict.  It seems that while I was unable to heal people suffering from medical ailments, I am able to heal people in the manner in which I resolve their conflicts.  In doing the research for and actually writing this article, I have realized that I am an old school attorney because I like to peacefully resolve disputes if at all possible.

Apparently, "Beliefs About Lawyers' Behavior" is a "Self-Fulfilling Prophecy."

 If you have a family law issue or questions relating to child custody, please contact Pasadena Family Law attorney Mark B. Baer, Esq. at Mark B. Baer, Inc. a Professional Law Corporation

Continue reading "The Cause and Effect of the Historical Shift in the Role of Attorneys" »

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