Rebuilding public trust and confidence in the legal system...through education.

• Author: Shenkman, Stephen C.
• Position: Florida

We are all keenly aware of the public's perception of lawyers. For years we have reviewed polls and surveys revealing what the general public finds distasteful about the profession. But beyond the image issues which exist for lawyers, there are deeper implications for the overall justice system.

Focus group public opinion research in Florida has found that the public's attitude toward attorneys also affects their view of the courts.(1) Eroding public confidence in our courts endangers the courts' legitimacy and influence as democratic institutions.(2) Without intervention, what long-term impact will negative public opinion have upon our legal system, an independent judiciary, and ultimately respect for and voluntary compliance with the rule of law?

The bench and bar appear to be taking seriously the independent findings of the American Bar Association, the National Center for State Courts, and the Judicial Management Council CPI Committee. Florida Supreme Court Chief Justice Major B. Harding identified public trust and confidence as the focus of his administration. Edith Osman has made the issue the centerpiece of her bar presidency.

Evidence supports the conclusion that as public knowledge about the justice system increases, so too does public trust and confidence. It is clear that public education and outreach provide the strongest remedies to combat eroding public attitudes and rebuild trust and confidence in our legal system and institutions.

Public Trust and Lawyer Conduct

Public opinion is influenced by many complex factors including personal experiences and observations and information gained from other sources such as friends, family, and the media. The public image of lawyers can also be influenced by the profession's own conduct as well as the expectations of the public. Justice perceived may be justice achieved or not, within the context of public opinion.

The American Bar Association's 1998-99 report on Perceptions of the U.S. Justice System found that citizens surveyed clearly lacked confidence in the legal profession and questioned the motives of lawyers.(3) Some lawyers even report sharing in the public's dissatisfaction with the profession. In the Josephson study conducted in 1994 for The Florida Bar, lawyers felt their colleages were "too money conscious"; "arrogant, patronizing, condescending, especially to nonlawyers"; "often willing to distort, manipulate or conceal facts to win"; and "pompous, self-centered, egotistical, and obnoxious."(4)

The practice of law or licensure in Florida is a privilege, and not a constitutional right(5) Indeed, membership in the bar is a privilege burdened with conditions.(6) A fair practice and professional character is one of these conditions.(7) Compliance with that condition is essential at the moment of admission; but is equally essential afterward.(8)

In fact, one seeking admission to The Florida Bar must meet certain eligibility qualifications.(9) Among other requirements, the applicant shall produce satisfactory evidence of good moral character, an adequate knowledge of the standards and ideas of the profession, and proof that the applicant is otherwise fit to take the oath and perform the obligations and responsibilities of an attorney.(10) Rule 3 expressly defines the standards of an attorney...