A PROFILE IN PROFESSIONALISM

Upon graduating from law school and entering the practice of law, I considered myself a fortunate member of a very noble profession. Since 1963, many business innovations have crept into our practice. It has not been overnight, but it has been relentless. Let’s look at a limited number of these “innovations,” and how professionalism has evolved or dissolved through the years.

Kenneth L. Tekell Tekell, Book, Matthews & Limmer, L.L.P.

1. Computer bottom-line “quantity” performance as contrasted with professional “quality” performance.
2. Billboard advertising that is probably not attractive to the public at large.
3. Television advertising showing energetic lawyers worked into a frenzy over their victories beating up the big boys.
4. Websites crammed with firm and self promotional blurbs orchestrated by hired marketing specialists. (I thought that “branding” was involved in the cattle “business,” but it must have something to do with the lawyer “business” as well.)
5. Overblown, fictionalized, exaggerated “trial” resumes based on wishful thinking.
6. An overemphasis on high tech Star Wars presentations. (In trial, I fear the “storyteller genius” as compared to the “computer genius.”)
7. Loss of oral communication skills between lawyers and others, replaced by Blackberries and email overloads.
8. Newspaper articles featuring interviews with managing partners seemingly full of pride about what beginning lawyers make. We advertise that a beginning lawyer is paid five times what a 20-year experienced teacher makes.... or a welder.... or a carpenter.
9. Our routine purchase of expert witness testimony, and our willingness to buy it and attempt to resell it to a jury.
10. Taking advantage of unsophisticated clients (and sophisticated ones, too) by creating work projects to make money rather than to provide necessary services at a reasonable rate.
11. Placement of lawyer accomplishments in the media under the heading of “People in Business.” Perhaps this last one bothers me most. As a “profession,” lawyers provide legal services and as a by-product make a reasonable living. As a “business,” lawyers practice law to make money, and hopefully as a by-product some clients receive professional services.

During my 43-year career, I have made in excess of 200 jury arguments that include the phrase, “I am proud to be a lawyer.” During the back nine of my career, I can truly say that I was proud of the profession as I entered it, and in spite of the above, I will be proud to be a lawyer when I leave it.

I am fortunate to have met so many wonderful people, including judges, lawyers, court personnel, parties, witnesses and the jurors that are the backbone of our judicial system. I may not have done it all that well, but I know of absolutely nothing that I could have done better, and with so much enjoyment and pride.

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