The question really embodies the huge gulf between what society thinks lawyers do and what the legal profession is versus what it actually is. I think a large source of this is how the legal profession is perhaps the most dramatized profession in media. Although those dramatizations from shows such as Law and Order and Suits make great entertainment, they almost never capture the realities of the legal profession and because of that for the many people who do not interact with lawyers in their personal life take those depictions on television as reality. I think this is also really important in the context of criminal defense work. Gone are the days of portraying figures such as Atticus Finch nobly defending a wrongly accused African-American defendant in the Jim Crow South, or John Adams winning an acquittal for the British soldiers accused of the Boston Massacre to show American Courts were just as capable of dispensing justice as British courts. In today's age, criminal defense attorneys are portrayed in media such as Law and Order as fundamentally dishonest, scheming, and little more than accomplices for the criminal defendants standing in the way of the good guys.
Do not take this the wrong way, I respect State Attorneys and know they play an important role in seeking justice for all. In fact, some of my friends will be working at the very State Attorneys office where we will be on the opposite ends of cases and I know they will do a great job. However, because of the media's caricaturing of criminal defense lawyers, their equally important role is forgotten. The rule of law, due process, and other various protections offered to those accused of crimes in the U.S. Constitution are viewed as abstract concepts, or at worst pesky roadblocks that keeps the government from putting "the bad people" away. This is the true role of the ethical, and yes even honest, criminal defense attorney defending those Constitutional principles that underly our democracy and safeguarding the rule of law that is democracy's cornerstone.
The gulf between popular opinion and the reality based on my own experience pertains to this one area of law. But I also know that the legal profession as a whole is widely misconstrued by the public, which ultimately undermines public trust not just in our profession but the rule of law we are tasked to protect. Whether it be "ambulance chasing" plaintiffs attorneys or defense attorneys "helping criminals" I think it should be our responsibility as future lawyers to push back on those misconceptions. This is because one area of the law becoming delegitimized undermines our future profession as a whole.
Love this perspective John! My father was a public defender for 20 years and long has shared similar views. It's critical to provide adequate defense for all, not just the clearly innocent. I have heard from several PDs that the most important part of the role is to make sure everyone else did their job [right], which is an important element indeed also lost in only prosecuting crime, rather than defending people. Thank you for leading the way for the next generation of law, which hopefully evolves to better provide for these views.
ReplyDeleteGreat post John! Public Defenders do get a bad reputation when ultimately they shouldn't. The justice system needs attorneys, and future attorneys like yourself, to ensure that the Constitution is not forgotten. It is disappointing that these misconceptions about the roles of attorneys leads to distrust of the profession. It seems like it is a thankless job at times. However, I do believe this can change and that there are more people who feel positively about the various roles of attorneys. The critics are always louder than the supporters.
ReplyDelete