Bloomberg Law
Feb. 3, 2017, 7:22 PM UTC

What’s the Role of Big Law in Today’s America? (Perspective)

J. Stephen Poor
J. Stephen Poor
Seyfarth Shaw LLP

If the last year has taught us anything, it is that fault lines run deep in our society. In a Gallup poll taken shortly after the November election, 77% of those surveyed believed that Americans are “greatly divided” when it comes to the “most important values.” When asked in November 2001, the percentage stood at 24%. It has been growing consistently since 2001. Thus, this result was clearly not caused by the most recent election. Nevertheless, this growing division produces an atmosphere where reasoned dialogue over solutions to our common challenges is virtually impossible.

The causes of these fault lines are multiple and deeply rooted. I am certainly no sociologist but many are obvious even to the untrained eye. The uneven recovery from the Time of Shedding and Cold Rocks has left many feeling left behind and angry. The growing level of income inequality challenges the belief many people have in the “American Dream” — leaving them with a belief that the deck is stacked against them. Globalization and the perceived impact on American economy. The impact of automation on the nature of employment. The cost of education. The continued impact of inequality based on race, gender, sexual preference and others. The list goes on. The result, however, is a culture of fear — fear for the future and fear of “others.” For some, it creates a deep yearning for a society some people believe used to exist.

As a general proposition, training as a lawyer provides little special qualification to contribute to a solution to some of these challenges. There are others, however, where our training and experience uniquely positions us to help find solutions. For example, access to justice continues to be a massive challenge for American society. If you want a primer on this issue, simply read the ABA’s 2016 Report on the Future of Legal Services. The Report quotes studies that indicate that four-fifths of those living in poverty and a majority of middle-income Americans have unmet legal needs. It also estimates that 100 million people who can’t afford core legal services. How can this disparity not fuel a sense that society’s deck is stacked against them?

Access to justice is one of a host of issues that contribute to our current environment. We are a society based on the rule of law. Yet we exist in an atmosphere where respect for the rule of law at many levels of our society sometimes appears cursory at best. Over the years, for example, we have come to believe that it is acceptable for judicial appointments — at all levels — to be subject to political machinations. On a more micro level, the cost of a legal education continues to rise even as opportunities in the profession continue to be uncertain. Again, the list could go on.

There are many, many lawyers committed to addressing these issues. Virtually all firms make contributions to pro bono and to the communities they serve. Although there is more that could be done on individual levels, we should nevertheless applaud these efforts.

As an industry, however, we tend to shy from acting collectively. Rather, on a broad basis, we focus on our role as technicians (albeit well-paid technicians). I am reminded of this fact given that it is that time of the year when the reports start coming out as to the financial performance of the industry. We focus on the economic metrics — growth in profits per partner, revenue per lawyer, and on and on. We focus on predictions for the upcoming year. We talk about the need for change in the way in which we deliver legal services to our clients and the impact of technology. These are all important and valuable discussions.

But I believe there are bigger questions we should be asking ourselves. In the context of current American society are we — should we be — more than technicians? Should we harness our collective strength — our talent, our creativity and, yes, our money — to play a bigger role in helping find solutions to those issues facing America? What is that role and how can we most effectively make a contribution?

We see examples where the collective power of Big Law members (both private firms and in-house teams) can make a difference:

In response to Rick Palmore’s Call to Action of over a decade ago, the industry founded the Leadership Council for Legal Diversity (LCLD) to help address the problem of the industry’s lack of diversity. Did it solve the problem? Of course not. But we are in a better place because of their work.

Earlier this month, The Lawyer reported on a coalition of general counsel from FTSE companies that have established an organization designed to promote the rule of law in corporate transactions. Diageo general counsel Siobhan Moriarity, one of the founders, was quoted as “our aim is to have a positive impact on the communities in which we operate and believe that the rule of law that supports societies is the solid foundation on which thriving economies can develop and evolve.”

Following the Orlando night club shootings, a coalition of law firms, including Paul Weiss, Covington, and Arnold & Porter among others, combined forces to create a cohesive strategy to support gun control. “This coalition brings together more resources, more brainpower and more lawyers dedicated to making our clients and our nation safer,” explained Charlie Lifland of O’Melveny & Myers.

Clearly, there is an opportunity for Big Law to continue to harness its collective strength to address some of the fundamental structural challenges facing our society.

The real question is: Are we strong enough?

There are many reasons why the answer could be “no.” These are big seemingly intractable problems that were generations in the making. There are already many fine lawyers working tirelessly to find solutions. As an industry, we have rarely found ways to cooperate across the lines of different firms and in-house departments. There is no easy or quick path.

Despite all of this, I believe the answer is, “Yes, we are strong enough.” By acting collectively, our industry is uniquely positioned to advocate and advance real progress for our society. I believe we can add to those efforts underway in a meaningful manner.

We are much more than technicians, and it’s time to prove it to our country at large.

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