About Me

I am the mom of three children. Two boys ages 5 and 4 and a newborn baby girl. I have a great husband and a new law practice. My mother-in-law also lives with us along with her two elderly dogs. Life is full and I love it. I am calling this blog a life- extra-ordinary because growing up I prayed that I would have an "ordinary" life. I would have a house and a husband to raise my children with. I was raised by my grandmother and my siblings were spread out. An "ordinary" life seemed extraordinary. Now that I have this wonderfully "ordinary" life, I have been striving to make it even more extraordinary...

Wednesday, October 20, 2010

My profession founded this country and other truths I'm proud to admit about being a lawyer.

The political season is in full swing again and so are the attacks on lawyers. I want to throw something at the TV everytime I see an ad that calls one of the candidates a "lawyer" or "trial lawyer" like it is a cuss word.

I want the lawyer/candidate to stand up and say "Yes. I am a lawyer and I will be a better Governor/ Mayor/ Representative because of it." Most of the founding fathers were lawyers. A recent poll showed that the most admired fictional character was Atticus Finch. How can a person be expected to make laws if they do not understand them?

Being a lawyer is a profession not a job. There are only three professions: law, medicine and accounting (actual CPA accounting-not bookkeeping). For many, being a lawyer is a calling. There is a reason why we are called "attorneys and counselors at law." Many times in my career I have felt the counselor more than the attorney part of that title. I have held a client's hands after the death of a loved one. I have cried with them and rejoiced with them. I love my job and solve people's problems. Not many people can say that about what they do everyday.

I sometimes hear that lawyers are liars or cheats. I never understand this. We have the highest ethical standards of any profession and the most self-policing. If you violate those ethics, you can no longer practice. No one is going to put their law license on the line for a little lie or even for an entire case. We know another one is around the corner.

In South Carolina, lawyers are required to be on a court appointment list. We are required to be appointed to cases, most of the time with absolutely no fee. Department of Social Service cases, Post conviction relief cases, etc. We have to take the case or pay another attorney out of our own pocket to take the case. Can you imagine if the state told doctors they were required to treat a certain number of patients every month for free or they could not practice medicine in the state? In contrast, every lawyer in this state has taken on the burden of the budget shortfall to keep the juridical system running. These are costs that should be paid by the taxpayer through the legislature, instead lawyers are working sometimes 100s of hours a year to, among other things, make sure that children and parents' rights are protected during removal hearings and that incompetent adults' rights are heard when they are committed to the state's care-all for free,

I also hear alot about "frivolous" lawsuits. Nikki Haley calls them "junk" lawsuits. What is that? I have no idea. Lawyers do not take cases that they cannot make money on. If it truly had no
merit, there is a procedure with the Court to get the case dismissed. Further, a lawyer cannot ethically file a suit she feels has no merit. Lawyers would be broke if they filed a "frivolous" lawsuit. Lawyers normally put the money up front to fund a lawsuit. If the suit recovers no money, not only does the lawyer not get paid, she losses money that she spent on costs.

The classic insult from a lawyer to a doctor is "While your profession was draining George Washington with leaches, mine was writing the Constitution." Thomas Jefferson, Patrick Henry, John Adams, James Madison, John Jay.. all were lawyers. It is reasonable for you to expect your politicians to be able to write, read and interpret the law. It is not a cuss word to be a lawyer, we are part of an honored profession and your best friend when your husband cheats on you, your landlord won't fix your heat, your business partner embezzles funds from you, your vendor won't pay, your wife passes away or an idiot runs into the back of you while texting. What are those ads attacking lawyer candidates during election time saying? I don't know, but I do know I will never vote for anyone who runs one.

2 comments:

  1. Good stuff here, Counselor! Three things:

    1. Vocation does not necessarily equal profession. I am a nurse. Nursing is a profession. Nursing is not medicine...at least not according to physicians...however, I feel called to be a nurse. I felt the call in early childhood. Does that also make nursing a vocation? For me, the answer is a RESOUNDING YES!

    2. Doctors will momentarily be treating a certain number of patients "for free." It is only a matter of when, not if. Having worked in healthcare for 16 years now, I believe I could make a strong argument that some doctors do, in fact, treat patients for free. Laws like EMTALA insure that.

    3. I don't have cable TV-haven't for a year now-but I will make sure to be aware of radio ads and printed/virtual ads which denigrate the legal profession and will pledge to seriously weigh that fact in my choice of political candidates. You are right! Yours is an honorable vocation. I never thought otherwise, but I needed to hear this timely reminder in light of upcoming elections.

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  2. Thanks for the post. I reread and it may seem I am bashing doctors a little, but it was unintentional. Nursing is definitley a calling! I don't know how you do it.
    I just don't understand why anyone would consider the fact that a candidate is a lawyer to be a bad thing. Thanks for considering the question!

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