The Confusion of the News

    It seems lately that too many of the lawyers on television aren't necessarily the best examples of the profession.  You may have asked yourself why any honest person would want to be a lawyer.  To counter some of the impressions those lawyers may have given you, let me begin with a quote from Abraham Lincoln:  "Let reverence for the laws, be breathed by every American mother, to the lisping babe, that prattles in her lap--let it be taught in schools, in seminaries, and in colleges;  let it be written in Primers, spelling books, and in almanacs, let it be preached from the pulpit, proclaimed in legislative halls, and enforced in courts of justice."  Obviously, Lincoln saw the need to educate all Americans of the meaning and importance of our laws.

Quoting Lincoln again:  "Let every American, every lover of liberty, every well-wisher to his posterity, swear by the blood of the revolution, never to violate in the least particular, the laws of the country; and never to tolerate their violation by others."

Today, on television and the internet there are lawyers who purport to express their legal opinions, and there are non-lawyers who also express their opinions about the law, and there are those who express their opinions as if it were the law...  There are also those who are lawyers that  intentionally misrepresent the law.  What is a person to do in such a world of information and misinformation?

Lincoln's advice that all Americans learn to revere our laws and know what they say so we are less easily hood-winked is great advice.  I will also add some excellent advice from Barbara Jordan: "It is reason, and not passion, which must guide our deliberations, guide our debate, and guide our decisions."  

I will add my own opinion about those whom I generally disregard.  Those who shout, who call others names. who refuse to listen to anyone else's ideas are unlikely to gain my respect.  It seems to me that if you have a good idea to share, the best way to do that is a respectful conversation.

Should you judge lawyers by the clients they represent?  Sometimes, but not necessarily.  If ethical lawyers represented only the innocent, we would no longer be able to uphold our American belief that those accused are to be considered innocent until found guilty.  People would quickly learn who represented the good guys and who represented the bad guys, and the presumption of innocence would mean nothing!  

Just as lawyers gain reputations through their conduct, so also do news reporters.  Those of you old enough may remember the CBS evening news moderator, so widely respected that he was often referred to as "Uncle Walter."  In that era of television reporting, it was expected that the news would be delivered without bias, well checked before it was aired.  

Today the goal seems to be post "Breaking News" first, with less emphasis on accuracy and getting the full content.  That race to get the news first inevitably results in errors and incomplete information.  Just as bad, and maybe worse, is the delivery of  'news' by commentators who make no apology for their bias.  There is a difference between reporting the news and commenting an opinion. 

Dole Institute, copyright Lyn Fenwick

Just as reporters are expected to gather accurate information and report that, lawyers also have ethical requirements.  I have explained why guilty defendants deserve reputable lawyers, and now I will explain the importance for lawyers to follow ethical rules.  Lawyers may not "engage in conduct involving dishonesty, fraud, deceit or misrepresentation," nor "engage in conduct that is prejudicial to the administration of justice." American Bar Association/Rules of Misconduct

Recently the misconduct of lawyers has been in the news, and unfortunately more such news is likely.  Although a lawyer must defend his client, that does not mean the lawyer may ignore his own responsibilities.  In representing a client, a lawyer cannot "commit a criminal act that reflects adversely on the lawyer's honesty, trust worthiness, or fitness as a lawyer in other respects."  ABA Rules of Misconduct

Civics is no longer taught in many high schools.  It is certainly not "breathed by every American mother [into] her lisping babe" as Lincoln urged.  Many, if not most, Americans have not read the Constitution, nor do they understand the responsibilities of lawyers.  Perhaps in coming days, the brief information in this blog will be helpful in understanding current events.