Damn Lawyers

Author: Judge Larry Gist

In one of his plays, Shakespeare’s character says something like “the first thing we need to do is kill all of the lawyers.” Probably a lot of people have said or at least thought that before.

It’s especially true when we see news of a lawyer bribing a juror, or sleeping during a capital murder case. Make no mistake about it, there are sure some slimeball lawyers among us.

But that was not the basis for Shakespeare’s admonition. He was actually concerned because lawyers stand as the only barrier between the rule of law and chaos. One the first moves Hitler made in assuming total dictatorial power was to abolish the German legal system.

Why do people today decide to become a lawyer? Most people think it’s because of money and certainly most lawyers can make a good living in the practice of law. And there is no doubt that in many ways, practicing law has become much more of a business than a profession.

Most people with talent can still make a lot more money in normal business pursuits than in a law practice. So those who enter the legal system for the money have often made a serious mistake.

What the legal environment is supposed to do is protect the rights and freedom of all us from an oppressive government. As our country developed, so has the government bureaucracy and its impact on our everyday lives. In fact there is probably nothing we do that is not in some way affected by government rules and regulations.

Now just think about this for a moment. Whether a person is in business or dealing with personal affairs, there will come a time when they need legal assistance to assert or defend a claim or deal with some type of government regulation. It’s inevitable.

Even dying involves issues that often require legal assistance. There is literally no aspect of our lives that is not affected or influenced by legal issues. For example, when my neighbor’s dog barks all night; when the train blocks the roadway; when our property is taken at gunpoint; when a marriage fails; when the recently repaired roof leaks, and so on and so on.

We may not like it, but we sure can’t escape it either. The legal profession is set up to assist us in the issues we’ll confront at so many turns of our life.

And maybe more than anything else, lawyers and the rule of law help keep our government honest. Power is a serious temptation and unlimited power certainly corrupts. Lots and lots of lawyers are involved in the public service of making sure government does not unduly intrude on our personal lives.

We are so blessed to have a constitution that was designed to protect our rights and control an oppressive government. We have over the years developed a legal system that gives everyone the right to seek redress from perceived evils. And when we do that, we need lawyers to help us navigate the stormy waters.

Way back in early England, kings would often fight each other directly. One day some smart king recognized he could have a much better life if he could hire a knight to fight the other king. And of course the other king saw the light and did the same thing.

And thus began the origination of our legal profession. We hire a knight to fight our opponent’s knight. And in time the knights banded together to fight unjust actions of the king.

Let there be no mistake. We owe our freedom and the rights we enjoy to lawyers, like it or not. We have disputes, and the law is the method we use to resolve them. We have a system that certainly is far from perfect. But it’s the very best system on the face of the earth. And only with the continued influence of the Bar can we build a better society for ourselves and our children.

It’s easy to hate lawyers. And fun to enjoy disparaging lawyer jokes. But when we’re in a pinch and against the wall, there is no better person to have by our side than a competent and ethical lawyer.

Since we don’t live in a perfect world, we need to do whatever we can to improve our legal environment. And devoted, honest and honorable lawyers constitute the dike that can hold back the waters of tyranny.