To whom much is given, much is required.

Several years ago, my firm held a departure party for me as I transitioned from the full-time practice of law to full-time blogger and legal tech commenter. One of my peers, who I had practiced with for most of my career, walked up to me and said, “I sure wish I could do what you are doing.” I had known this guy most of my career and knew he had the resources to do something else and had expressed the desire to do so several times. So I said, Dave, there’s nothing stopping you from doing the same thing. He replied, I just can’t. Being a lawyer is not what I do, its who I am.

This same issue arose recently in a discussion on the Ari Kaplan daily lunch. (Ari has held the lunch every day since Covid hit and has introduced hundreds of people to one another and stimulated many, many robust conversations). Several of us wondered why is it that lawyers—particularly older lawyers–have such a problem deciding to do something other than practicing law full-time. 

Like my friend, it’s not that most of these lawyers can’t do something else. It’s that they won’t. In fact, it is such a problem that there are consultants who help enable hard conversations with older lawyers when their continued practice becomes a real burden to the firm, as I have written before. 

We Are Special

As 2024 winds down, I was thinking about this phenomenon and what it means for the profession and the clients lawyers serve. From the day we set foot in law school, we are told we are unique. We are special. We have to go three extra years to school for one thing. We have to pass a special exam after we finish law school. We have to be admitted by courts to be able to ply our wares. We are governed by special rules—rules that speak to special ethical requirements just for us. 

In many states, we have to be members of a special organization—the bar association. We have to get continuing legal education to be able to keep practicing. We get to keep secrets no one else can—our clients’ confidences. We are protected by rules that ensure that only we—as lawyers—can provide anything resembling legal advice to clients. We have our own language and ways of doing things that nobody else does. 

Let’s face it. We are members of an exclusive club with secret handshakes and rituals. It’s hard to give up your membership in a club that has so many benefits that make us feel good about ourselves. No other profession—other than perhaps medical—comes even close to providing such a clubby, exclusive atmosphere.

But privileges carry responsibilities, and more and more those are not met or are being abused

But What Does This Mean For Society and Our Clients?

But privileges carry responsibilities, and more and more those are not met or are being abused. Take the A2J problem. As keepers of such concepts as the rule of law and entitlement to justice, we have fallen miserable short of living up to what we say and what we say we stand for. All too often, we overcharge our clients, do more than necessary, and send outrageous bills under the delusion that, as lawyers, we have to do certain things, even if they make sense or not. More and more, the practice of law, particularly among large law firms has become all about the money, as I recently wrote.

We speak in tongues to clients and often don’t bother to explain. After all, we can, since no one else can provide our vaunted advice. We shroud what we are doing with mystery, use antiquated Latin terms that only we understand, and act with hubris and arrogance toward those who are not lawyers. Oh, and by the way, we arrogantly dismiss those who are not lawyers by labeling them nonlawyers. (And it’s not just an issue of political correctness. We tend to dismiss anything those who are not lawyers say just because we are lawyers and they aren’t).

Why do so many members of the lawyer club not want to give it up? It’s obvious. We reap benefits but all too often don’t have to pay the price. We have forgotten the concept that to whom much is given, much is required. And we get away with it.

Closing Out 2024 and Looking Forward to 2025

This is my last blog post for 2024. It’s been an interesting year, full of joy and significant pain along the way. As usual, I will begin 2025 by attending CES (the Consumer Electronics Show) put on by the Consumer Technology Association. I will cover the Show again for Above the Law again this year, so look for my posts there. I will, of course, continue posting here on legal technology and innovation.

To my readers, thank you for your support and continued interest in my writings. I hope to always live up to your expectations.

Happy Holidays, everyone.