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Feature: Lawyers need to communicate

By DAVE HASKELL

BOSTON, April 26 (UPI) -- Lawyers may have the reputation of being quick to debate and argue in court, incisive with logic and keen of wit, but while their ability to communicate in court may be admired, their ability to communicate with the public falls short, so short in fact they are seeking professional help.

"A new study found that negative opinions about lawyers run deep and wide," and that is because, in part, "lawyers are poor communicators," according to Robert A. Clifford, a Chicago lawyer and chairman of the American Bar Association Section on Litigation.

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The study, "Public Perception of Lawyers," was released at the group's annual meeting in Boston this week, and was based on telephone surveys and focus groups.

Clifford said the results were both discouraging and encouraging.

"The study was to try to get a clear picture of the core causes for the poor perception of lawyers," Clifford told United Press International. He said his group will use the study to advise individual lawyers, law firms and bar associations on what steps they should be taking to correct that perception.

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The study was discouraging, he said, because "some lawyers are viewed as being corrupt, greedy, manipulative and they take advantage of the law for their own self-aggrandizement."

On the other hand it was encouraging, he said, because "people have intimate law experiences with lawyers that are very gratifying, very positive."

Nearly 60 percent of consumers questioned for the study said most lawyers are knowledgeable about the law and are interested in helping their clients navigate the legal system, while just more than one-third say lawyers deserve the bad reputation they have.

There is a general misunderstanding and mistrust of lawyers' fees, and Clifford said lawyers must do a better job of policing themselves and explaining to the public about their pro bono, or no-fee, activities.

He said lawyers "are poor communicators, they don't answer phone calls, they don't engage in written correspondence the way they should, they don't answer voice mail, they always call clients up at the last minute to get them engaged in discussions on something that should have been more carefully thought out."

He said while there are obviously other problems, such as lawyers who "are engaged in bad deeds, this problem of perception is more than just a few bad apples who spoil the barrel."

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"It seems to me that over time the perception of lawyers continues to erode, people will have less and less confidence in the integrity of the civil justice system, the criminal justice system, to the point where they will have a lack of confidence in the rule of law," Clifford said.

He said lawyers need to communicate with people to show the connection between the preserving of the principals of democracy and the rule of law.

Sara Parikh, the lead researcher for the study, agreed.

"Consumers are having difficulty because lawyers aren't communicating well with their clients," she said. "It's not just about respect for lawyers, it's also about serving. The legal profession is not sufficiently serving its client base."

As doctors learn the importance of a bedside manner in medical school, lawyers should also be taught in law school how important client relationships are, she said.

"It's basic education," she said.

Lawyers need to be the "safe keepers" of this legal system, "guardians of the public trust," Clifford said.

The only way that's going to occur, he said, is for organized bar associations to get past their perception as "clubs" and to start addressing these problems in a responsible way.

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"If the bar associations do not aggressively prosecute bad acts by lawyers, we believe that this study shows that, too, undermines the public trust in the profession and the justice system."

Bar associations for too long have been too complacent, he said.

"We're learning that that kind of attitude is not a healthy thing."

"If we want to maintain the public trust and confidence," Clifford said, "then we have to be guardians of it, and we have to be pro active."

Clifford said the events of Sept. 11 have brought a "new and bitter poignancy" to the need to enhance the understanding of the essential role our legal system and lawyers play in preserving our democracy and the American way of life.

Clients are not always certain how to tell a good lawyer from a bad one, he said.

"When people do not feel lawyers are accessible to them, it erodes their faith in the justice system."

The study found, on the plus side, that since Sept. 11 confidence in U.S. Institutions including courts and the legal profession increased.

During the months following the terrorist attacks, he said lawyers were providing free legal help to thousands of victims and their families and helping Americans understand the events.

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(For more information, see Web site abanet.org/litigation/lawyers)

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