Recently, I had the privilege of representing a client before a local board of selectmen.   The board met in a nondescript town hall.  It was a weekday evening, and the room was sparsely populated with members of a couple town committees, the police chief, some interested citizens, a couple of Girl Scouts and a reporter from the weekly shopper.

Like any municipal board meeting, items were reviewed, debated and analyzed.  Some were easy to handle; others presented challenges.  One item dealt with a mix of issues, involving various town committees and policies, state statutes and regulations, and, of course, municipal spending.  After some lengthy discussion, one particular selectman began a careful, thoughtful, step-by-step analysis, discussing the implications and outcomes of each step.  It was not only an impressive analysis, but he held the attention of his peers.

Afterwards, I commented to the secretary that they were fortunate to have such an individual on the board.

“He’s a lawyer,” she commented.  “When the issues get tough, we listen to him.”

People Do Appreciate Lawyers

I am always wonderfully pleased that despite lawyer jokes, claims about the decline of the image of the profession, and cries for greater professionalism, people continue to value lawyers.  Think about the soccer games, sporting events or neighborhood parties that you attend.  When people find you’re a lawyer, they seek out your opinion about particular issues.  Whether it’s the Iraq war, a governor’s speech, the local school board’s initiatives, or a neighbor’s incessantly barking dog, people ascribe value to the words of a lawyer.  In suburban and rural New Hampshire, this is especially true.  But even in our cities and throughout state government, lawyers are valued by their non-lawyer colleagues.

I believe that more than any other profession, lawyers are valued for the role they play in their local and state government, in the activities and events of their communities and in the lives of those who live around them.  This is because lawyers possess unique analytical and evaluative skills to solve the problems of society.

You may have recently read an article in Bar News about a position statement approved by the Bar Association’s Board of Governors about the value of lawyering. (Reprinted on this page.) The Board felt it was important to announce its position about the value of the profession for a number of compelling reasons.

First, there are a number of commissions and task forces on the justice system, which have either completed or are finishing up evaluations about various aspects of the system.  Whether the issue is the status of the legal profession, pro se representation, the family court, or the delivery of justice, it is important for our board to proclaim that lawyers are part of the solution, not part of the problem.  And where practicable, we need to spread the message that greater lawyer involvement will enhance our collective ability to deal with the system’s shortcomings.

Second, we don’t do enough to recognize our own value.  We have received a number of comments in the last six months about goals that the Bar Association needs to pursue to create a brighter future for our profession.  A top goal: Emphasize the value of lawyers.  We let others acknowledge, but more likely, ignore or take for granted the value we provide, with little recognition or celebration.  We need to do better.

            The position statement basically states that:

• Our society thrives because of our respect and understanding of the rule of law, and lawyers play a major role in educating and protecting the rule of law.  We protect individual rights and liberties.  We understand the complex set of laws, rules, statutes and regulations that provide certainty and fairness of outcome.  We are one of a very few cornerstones to the guarantee of meaningful access to the justice system.
• The American justice system is premised on the fact that lawyers are involved.  It relies on lawyers who discern the best facts, legal precedents, and issues in a dispute, and then present that information in the most effective manner to champion a client’s cause.  The premise is that through the skill and knowledge that lawyers demonstrate in the course of advocacy, “the truth will out.”  Without lawyers, the system is handicapped.
• Our profession is valuable because through the use of our skills as counselors, evaluators, advisors, mediators, arbitrators and litigators—and through the analytical skills we use every day to aid our clients, our colleagues, our families, our communities and our state—we are society’s best hope as tensions and disagreements arise in an increasingly complex world.

Our Board is deeply committed to this philosophy.  And as we move through the work of the Board, it will serve as a philosophical backdrop for judging where our Association places its resources, attention and efforts.

The Teachable Moment

In October, I wrote a column about the Teachable Moment.  The Teachable Moment is the moment that arises in your day when you have the chance to talk to your families, your neighbors, your legislators and your communities about the justice system that we work in, the importance of the rule of law and the value of the lawyering profession.

In the coming weeks and months, I ask you to use the Teachable Moment to the advantage of your profession.  Embark on a new effort to educate, explain and celebrate the value of what it is that we do.  And through your work, we will all be more successful, because like our lawyer colleague on the select board, through us, people will better understand and appreciate how our profession provides value in so many aspects of their lives.

Richard Y. Uchida is the 2005-6 president of the New Hampshire Bar Association and practices in Concord with Hebert & Uchida.

Richard Uchida is at the Bar Center most Mondays (excluding holidays) from 9 a.m. until noon to meet with members or take their phone calls.  To make an appointment, call 603-224-5004 or e-mail at richarduchida@hebertanduchida.com.

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