Public Perceptions of Lawyers

Consumer Research Findings

April 2002
Prepared on behalf of

by

LEO J. SHAPIRO & ASSOCIATES, TELEPHONE: 312-321-8111, WWW.LJS.COM

Copyright 2002 American Bar Association

The views expressed herein have not been approved by the House of Delegates or the Board
of Governors of the American Bar Association and, accordingly, should not be construed as
representing the policy of the American Bar Association.

ACKNOWLEDGEMENTS
The ABA Section of Litigation is grateful to Robert A. Clifford, Section Chair 20012002, whose vision and generous financial support made this report possible.
The Section also wishes to acknowledge Sara Parikh, Ph.D., of Leo J. Shapiro &
Associates, who designed and managed this study and the following report.
For further information, contact the Section of Litigation, American Bar Association,
750 N. Lake Shore Drive, Chicago, IL, 60611. Telephone: 312-988-5662. Fax: 312988-6234. Website: www.abanet.org/Litigation.

42

FOREWORD
By Robert A. Clifford

My year as chair of the American Bar Association Section of Litigation has been
dedicated to working with the public and the profession to enhance understanding
of the essential role our legal system and lawyers play in preserving our democracy
and the American way of life.
The events of September 11 have brought a new and bitter poignancy to the need for
this focus. The terrorist attacks were aimed not only at destroying buildings and
human lives, but also at undermining Americans confidence in their government.
While the terrorists attempts at the latter ultimately backfired, they did illustrate
that our country is only as strong as the commitment of our people and leaders to
protect the ideals upon which it is based: individual liberty, freedom of expression,
and the ability to redress grievances through a system of laws rather than violence.
In early 2001, I commissioned a study by Leo J. Shapiro & Associates to examine
public confidence in the courts, the judiciary and the legal profession. This farreaching research project included telephone interviews with Americans across the
country and focus groups in five markets.
What we learned is both troubling and reassuring. While most Americans say that
lawyers are knowledgeable about the law and can help clients navigate the legal
system, they are uncertain how to tell a good lawyer from a bad one, dissatisfied
with the ways lawyers communicate with them and confused about how lawyers
bill for their services.
Faced with this uncertainty, many consumers who may need a lawyer do not hire
one. I believe that when people do not feel lawyers are accessible to them, their faith
in our justice system is ultimately eroded.
On a positive note, we found that confidence in U.S. institutions, including the
courts and the legal profession, has increased since September 11. Fifty-five percent
of respondents in a January 2002 telephone survey, for example, said they were
either very or somewhat satisfied with how lawyers responded to the events of
September 11.
43

During those months after the terrorist attacks, lawyers were out in front, providing
free legal help to thousands of victims and their families and military personnel
mobilized in Operation Enduring Freedom, advising our government leaders on the
myriad legal issues arising from the disaster, and speaking out in their communities
for tolerance and understanding. In short, lawyers were doing what they have
always done, only this was a time of crisis when all of America was looking for
leadership and information to help them understand the shocking events of
September 11.
To improve public confidence in lawyers, we can start by being better
communicators. Lawyers must communicate more clearly and effectively with
clients about their legal matters and legal fees; they must be taught the importance of
lawyer-client relationships in law school; and they have an obligation to talk and to
work with the public to enhance understanding of our justice system.
Associate Justice Anthony Kennedy of the Supreme Court of the United States has
created a program that individual lawyers and bar associations can implement in
their own communities to begin a conversation with the American public.
Dialogue on Freedom, conceived by Justice Kennedy in the wake of the September
11 attacks, takes lawyers and judges into the classrooms to foster discussions about
American civic values and the meaning of our democracy in a diverse society. Since
Justice Kennedy and Laura Bush launched the project in January, Dialogue has
successfully been presented across the country.
Sponsoring a Dialogue on Freedom is one important step all lawyers can take to
help the profession earn the confidence and trust of the public and build its
understanding of the importance of the rule of law to our democracy.
The image of lawyers is not just a matter of professional or personal pride. It affects
the publics belief in our justice system, and ultimately, their faith in our democracy.
I encourage bar leaders, law firms and lawyers across the country to read and learn
from this report, and develop programs to transform Americas renewed confidence
in its institutions into a deeper understanding of and respect for our justice system.
Robert A. Clifford
Chicago, Illinois
April 2002

44

INTRODUCTION

awyers have a high

Drawing upon telephone interviews

profile in American

and focus groups with Americans

society. It is hard to

across the country, this report takes an

overestimate the amount of

in-depth look at Americas fascination

coverage that lawyers get in news

with and aversion to lawyers and

stories, television programs,

identifies some steps that lawyers and

movies, and other media. Where

the legal profession can take to im-

there is a significant news story,

prove their standing in American

there are usually lawyers involved.

society.

From the O. J. Simpson trial to the

end of Napster as we know it; from
the custody battle over a young
Cuban boy to President Clintons
affair with a White House intern;

CONTENTS
I.
II.
III.
IV.
V.

and from spilled coffee at

McDonalds to a disputed
Presidential election. Just about
anywhere there is public

VI.

controversy lawyers can be found in

the middle of the controversy, and

VII.

on both sides of it. The issues are

significant and the public
discussion meaningful and heated.
In this context, it is no wonder that
America is ambivalent about its

VIII.

IX.
X.

INTRODUCTION ............................................... 1
BACKGROUND AND METHODOLOGY....... 2
SUMMARY OF FINDINGS................................ 4
LAWYERS STANDING IN SOCIETY ............. 6
WHAT AMERICANS DO NOT LIKE
ABOUT LAWYERS.......................................... 7
A. Negative Beliefs About Lawyers.......... 7
B. Beliefs About Different Types Of
Lawyers ................................................ 11
C. Lawyers In The Media And Popular
Press ...................................................... 12
D. Lawyer Advertising ............................... 13
E. Negative Experiences With Lawyers ... 14
WHAT AMERICANS LIKE ABOUT
LAWYERS.......................................................... 17
A. Positive Beliefs About Lawyers............ 17
B. Positive Experiences With Lawyers..... 19
THE UNTAPPED DEMAND FOR
LAWYERS: LAWYER AVOIDANCE ............ 23
A. Uncertainty In Hiring A Lawyer.......... 23
B. Potential Demand For Lawyers............ 24
C. Avoidance Of Lawyers.......................... 26
CONFIDENCE POST-SEPTEMBER 11............. 29
A. Confidence In U.S. Institutions............. 29
B. Response To September 11, 2001.......... 30
CONSUMER RECOMMENDATIONS............. 32
CONCLUSIONS.................................................. 33
A. What Individual Lawyers Can Do ....... 35
B. What Law Firms Can Do....................... 36
C. What Bar Associations Can Do............. 37

lawyers.
1

BACKGROUND AND METHODOLOGY

he American Bar Association

Section of Litigation
commissioned empirical
research to better understand the
publics perception of lawyers and the
bases of those perceptions. The
research was privately funded by
Robert A. Clifford, Chair of the ABA
Section of Litigation (2001-2), on
behalf of the Section. The research
proceeded in three stages, as follows:
1. Consumer survey conducted in
April 2001 with a nationally
representative sample of 450 U.S.
households, with the head of
household reporting for the
household (half male; half female).
This study replicated some
measures asked in a parallel study
conducted by the American Bar
Association in 1998.* Namely, it
measured current perceptions of
the U.S. justice system in general,
and the legal profession in
particular.

2. Consumer focus groups conducted

in Summer 2001 in five U.S.
markets (Birmingham, Boston,
Chicago, Dallas, and Los Angeles).
A total of ten focus groups were
conducted (two per market), with
between eight and ten participants
per group (half male; half female).
Focus group respondents were
recruited to represent the
demographic composition of their
community. Roughly half of the
participants in each market had
hired a lawyer in the past five
years. The focus groups explored,
in depth, public perceptions of
lawyers and other occupations and
professions; impressions of
different types of lawyers; lawyers
in the media and the popular
press; law as a career; and personal
experiences with lawyers.

* Study conducted in 1998 by MARC Research, on behalf

of the American Bar Association. Results are presented
in the report entitled, Public Perceptions of the U.S.
Justice System.
2

3. Consumer survey conducted in

January 2002 with a nationally
representative sample of 300 U.S.
households, with the head of
household reporting for the
household (half male; half female).
This third and final phase
replicated some measures asked
about in the April 2001 consumer
survey. In addition, this study
gauged the potential demand for
personal legal services, consumer
avoidance of lawyers, and
consumer satisfaction with
different aspects of working with

lawyers. Finally, the January 2002

study measured consumer
perceptions of the legal
professions response to the events
of September 11, 2001.
Together, these three inquiries give us
an in-depth look at the American
publics positive and negative
perceptions of lawyers, the bases of
those perceptions, and suggest some
alternative strategies that lawyers, law
firms, and bar associations can
undertake to improve their reputation
in American society.

R ESEARCH S UMMARY

April 2001

National survey of 450

households

Summer 2001

Ten focus groups in five

U.S. markets

January 2002

National survey of 300

households

Note: The particular source of quantitative data is indicated in each table in this report. Verbatim comments come from the
focus groups conducted in Summer 2001.
3

SUMMARY OF FINDINGS
America Is Ambivalent About Its
Lawyers
On the Positive Side
Americans say that lawyers are
knowledgeable about the law, and
can help clients navigate through
difficult situations.
Personal experiences with lawyers
substantiate these positive beliefs.
The majority of consumers who
have hired a lawyer are satisfied
with the service their lawyer
provided.
Consumers tell stories of lawyers
who apply significant expertise
and knowledge to their cases,
identify practical solutions, and
work hard on behalf of their
clients.
Americans also believe that law is
a good and even respectable
career.

On the Negative Side

Americans say that lawyers are
greedy, manipulative, and corrupt.
Personal experiences with lawyers
substantiate these beliefs. Consumers tell stories of lawyers who
misrepresent their qualifications,
overpromise, are not upfront about
their fees, charge too much for their
services, take too long to resolve
matters, and fail to return client
phone calls.
Americans are also uncomfortable
with the connections that lawyers
have with politics, the judiciary,
government, big business, and law
enforcement. These connections
imbue lawyers with a certain
degree of power in society. Americans believe that the central place
of lawyers in society enables them
not only to play the system, but
also to shape that very system.
Americans also believe that lawyers do a poor job of policing
themselves. Bar associations are
not viewed as protectors of the
public or the public interest, but as
clubs to protect lawyers.
4

For the consumer, legal services

are among the most difficult
services to buy. The prospect of
doing so is rife with uncertainty
and potential risk.

The challenge (and opportunity)

for the legal profession is to make
lawyers more accessible and less
threatening to consumers who
might need them.

When it comes to hiring a lawyer,

consumers feel uncertain about
how to tell a good lawyer from a
bad one.

A slight improvement in the

reputation of the legal profession
in the wake of September 11, 2001
suggests that there are things that
lawyers can do to improve their
standing in society.

Consumers also say that it is often

unclear exactly what the lawyer
will do for them and how much
the lawyer will charge.

Strategies for improving the

reputation of the legal profession
are outlined at the end of this
report, on pages 35 to 38.

Faced with these uncertainties,

many consumers who might
need a lawyer do not hire one.
Nearly seven in ten households
had some occasion during the past
year that might have led them to
hire a lawyer.
Over half of those who might need
a lawyer say that they do not plan
on hiring one.

LAWYERS STANDING IN SOCIETY

s found in the 1998 ABA

study and other previous
research, the legal
profession is among the least reputed
institutions in American society. Of
ten different institutions asked about,
consumer confidence in the legal
profession ranks only above the
media.

Less than one in five (19%) of

consumers say that they are
extremely or very confident in the
legal profession or lawyers. Slightly
fewer (16%) express confidence in the
media.

First, Id like to talk to you about your confidence in different institutions in American
Society. Here is a list of American institutions. As far as the people running these
institutions are concerned, how confident do you feel about each institution?

Percent Who Say They Are Extremely/Very Confident In:

50%

Medical Profession/Doctors
Executive Branch of Government

46%

U.S. Supreme Court

46%
39%

U.S. Justice System in General

Federal Courts Other than Supreme Court

37%
33%

Judiciary/Judges

31%

State and Local Courts

Federal Congress

22%
19%

Legal Profession/Lawyers
The Media

16%
0%

10%

20%

30%

40%

50%

60%

70%

Source: LJS January 2002 Survey.

*

Comparative data from earlier studies are reported on page 29 of this report.
6

WHAT AMERICANS DO NOT LIKE ABOUT

LAWYERS
Negative Beliefs About Lawyers

espondents were asked to

react to a series of statements
about lawyers. The results
suggest that lawyers have a
reputation for winning at all costs,
and for being driven by profit and
self-interest, rather than client interest.

Consumers have four central

criticisms of lawyers. The American
public says that lawyers are greedy;
lawyers are manipulative; lawyers are
corrupt; and that the legal profession
does a poor job of policing itself.

ALL RESPONDENTS
Percent of Americans Who Agree That:
Lawyers are more interested in winning than in seeing
that justice is served
Lawyers spend too much time finding technicalities to
get criminals released
Lawyers are more interested in making money than in
serving their clients
Most lawyers are more concerned with their own selfpromotion than their clients best interests
We would be better off with fewer lawyers
Lawyers do not keep their clients informed of the
progress of their case
Most lawyers try to serve the public interests well
The best lawyers are selected to serve as judges
The legal profession does a good job of disciplining lawyers

Total
(450)
100%
74%
73
69
57
51
40
39
28
26

SOURCE: LJS April 2001 survey.

7

"Lawyers Are Greedy"

ver two-thirds of
respondents (69%) agree
with the statement that
lawyers are more interested in
making money than in serving their
clients. Consumers report that
lawyers are more interested in
personal and financial gain than in
serving either the publics interests or
their clients interests. Simply put,
they believe that lawyers are
motivated by greed.

"Lawyers Are Manipulative"

nother common criticism is

that lawyers are
manipulative. They are
believed to manipulate both the
system and the truth. Nearly three in
four respondents (73%) agree that
lawyers spend too much time
finding technicalities to get criminals
released. This manipulation of the
system is believed to be motivated, in
part, by lawyers greed.

I think most of them come out of school

with the right intentions, but they figure
out, if I do a little bit here and there, I can
make enough money to drive a Mercedes
Benz. (Chicago, Male, 28)
I thought we had some good lawyers who
were dealing with the smoking issue in the
State of Texas, until I found out how many
lawyers had their hand in the pot and how
much the payout would be. Their payout is
as big as what the state is going to get.
Now, how is that helping the
community? (Dallas, Male, 46)
Its like buying a car. You know, they say
No money down. But, if they dont get
you in the front, they get you in the back.
You know that if you get an attorney,
youre going to have to pay. They are out
for the money. Some of them may care;
some of them may not. But, they are all
about making a big sale for themselves.
(Birmingham, Female, 33)

To beat the system, they sometimes have

to bend the law a little bit.
(Los Angeles, Male, 68)
I think they manipulate the law. Well,
thats part of the job, to interpret, and I
guess manipulate is the kind of perception
we have. (Chicago, Female, 47)
I have had a couple of settlements. I
mean, they were not there during the
accident, but they go by what they tell you.
They get into a courtroom, and they are
like sharks. They want that money, and
they are smart. They will find loopholes,
and they will talk and talk.
(Boston, Male, 36)
The one that sticks in my mind is the
criminal lawyer who prepped his client for
court. He said, No matter what we do
when we go in there, we must tell the truth.
Now, this is what the truth is. Now, that
is pretty much standard procedure.
(Boston, Male, 67)
8

ome consumers believe that it

is an imperfect justice system
that allows, and perhaps even
encourages, lawyers to manipulate
the system. Yet, because prosecutors,
judges, and many politicians are also
lawyers, they say that lawyers benefit
from the very system they create.

Its a stacked deck. The problem is that the

laws that allow these types of suits are
promulgated into law by the legislature.
And, who controls the legislature? Lawyers.
And, lawyers look out for lawyers. Its a
stacked deck. (Boston, Male, 58)
The lawyers are the ones who make the
legal system so hard to navigate through
that you have to have them because you cant
even defend yourself.
(Birmingham, Female, 40)

"Lawyers Are Corrupt"

n some instances, lawyers tactics

are said to border on the
unethical, and even illegal. This
idea does not just come from the
media. Personal experiences bear it
out.

I do remember some years ago, I had an

automobile accident. This one attorney
hooked me up to go to this one doctor. I
remember when I went in, they gave me
something really thick and said, Just sign,
and then dont worry about it. You dont
have to come back in. I was like, What the
hell is going on? But, they were in cahoots
with the doctor. (Los Angeles, Female, 32)

Consumers tell stories of lawyers who

stage accidents, send clients to
doctors for injuries they dont have,
and even offer to pay off judges or
prosecutors. Some of these stories
have the ring of urban myth, but
these respondents say that they are
real experiences.

My sister works for the courthouse. She

stepped out of the building and fell into an
uncovered manhole. And, of course, lawyers
are always crawling around the courthouse.
There were about 500 business cards around
there when they were taking her out. They
said, Dont worry. Just stay there. We will
get you an ambulance, and we will see you
get paid. (Chicago, Male, 28)
To tell the truth, the judge does get a piece
of the pie because the lawyer told me and told
my dad, If you raise me $4,000 more, I can
pay the judge, and I can pay the
prosecutor. (Dallas, Male, 50)
People I know have sued insurance
companies for accidents when they really
werent hurt. But, the lawyer is in cahoots.
You know, they have their own doctors and
their own chiropractors. They want you to
go to that particular person because, of
course, they are going to do what they have
to do to win their case.
(Birmingham, Female, 37)
9

onsumers also view with

suspicion the connections
that lawyers have. They say
that lawyers are intimately connected
to politics, judges and law enforcement, and believe these connnections
are as important to lawyers' success as
the skills that lawyers have.

Lawyers Dont Police Themselves

his distrust about lawyers

connections also extends to
images about professional
self-regulation. Consumers say that
lawyers do a poor job of policing each
other. Just one-quarter of respondents
(26%) agree with the statement, the
legal profession does a good job of
disciplining lawyers. The American
Bar Association is viewed as an Old
Boys Network, more similar to a
union or club than a professional
association. Consumers feel that they
have no recourse if their attorney fails
to properly represent them. While
they acknowledge that some bad
attorneys give the rest of the
profession a bad name, they blame
the entire profession for not keeping
its house clean.

It sounds like a big racket, you know, this

one knows this one and that one.
(Dallas, Female, 49)
You think this lawyer is trying to protect
your rights, but they are golf buddies with
the prosecuting attorneys. You dont know
that. And, they are cutting deals on the side.
You think they are looking out for you, but
they are trying to cut a deal and also pacify
you. (Birmingham, Female, 33)

If one of the lawyers goofs up, they should

disbar them. But, most of the time they
dont. They just cover it up.
(Chicago, Male, 61)
The ethics committee with the bar
association, it is too totally controlled by
them. It needs an independent body. And,
some of the members ought to be
nonlawyers. (Los Angeles, Male, 38)
The ABA is like a rubber stamp. You have
to do something drastically bad to be
disbarred. (Dallas, Male, 46)
I had a probate case, and I actually went
through three different attorneys before I got
one that was competent. The first guy kept
my retainer, and as far as trying to appeal to
the bar association, that is a joke. I did, and
they sent me a nice letter saying there was no
merit to my case, despite the fact that the
man did nothing for me. He did not file
anything. He just kept my retainer; so, I was
out of luck. (Los Angeles, Male, 38)
Nothing speaks worse than a bad apple. It
doesnt matter how good the whole group is.
Those bad apples spoil everything, and if
you dont get rid of them, they are just going
to keep causing the same problems.
(Dallas, Male, 46)

10

Beliefs About Different Types of

Lawyers

ew lawyers are immune to

criticism. Some lawyers fare
better than others, but these
consumers found negative things to
say about every type of lawyer asked
about. Criminal defense lawyers are
criticized for representing guilty
clients; prosecutors for cutting too
many deals; public defenders for
being inexperienced and overextended; personal injury lawyers for
chasing ambulances and pursuing
frivolous cases; divorce lawyers for
exacerbating conflict; and corporate
lawyers for engaging in underhanded
practices in the interests of their
powerful clients. More neutral or
positive reactions are found only for
real estate lawyers, who are largely
viewed as functionaries; and civil
rights lawyers, who are said to be
working in the public interest.

A real estate lawyer, for instance, is

basically doing you good. You know, he is
checking things out for your real estate,
either to help you sell it or to help you buy it.
A criminal lawyer is sleazy 90% of the
time. (Chicago, Female, 53)
In my experience with corporate securities, I
read a lot about chicanery going on in the
issuing of stock and selling of stock, backed
up by the lawyer. (Boston, Male, 72)
I think prosecutors make too many deals.
You know, they ask for murder, and instead
of murder, they give them manslaughter and
make a deal. They do too much of that.
(Chicago, Male, 61)
I dont care what the lawyer practices. I
would think negatively about all of them,
and I have had dealings with a couple of
lawyers who were excellent.
(Boston, Male, 67)

11

Lawyers in the Media and

Popular Press

igh-profile legal cases

capture our attention
because they often tap into
preexisting beliefs about lawyers and
justice. For example, the O. J.
Simpson case supports the public
belief that money can buy justice, that
lawyers manipulate the truth and the
system, and that lawyers are looking
out for their own interests. The
McDonalds coffee spill case feeds
into the belief that America is too
litigious, that people do not take
responsibility for their own actions,
and that lawyers will always find a
way to benefit from peoples carelessness. Respondents believe that the
media perpetuates these negative
perceptions of lawyers by focusing on
the highly controversial cases that
feed into the public belief system and
by ignoring facts and stories that do
not.

You never hear something good that a

lawyer did on television. Its only
something bad. (Dallas, Male, 34)
The O. J. Simpson case tells me that if you
have money, you can get away with
anything. (Los Angeles, Male, 33)
Its all media manipulation. It is just that a
few have been picked out, and they are all
criminal-type stuff. But, there are thousands
of lawyers who are in patent law and real
estate, you know, the most boring stuff you
can think of, who are totally right on, not at
all the horrible things that people have
said. (Los Angeles, Female, 47)
I think you see more of the bad than you do
of the good. I think you see more of the
greedy and the people who are getting off,
instead of the good that comes out of it.
(Birmingham, Female, 21)

12

mportantly, television programs

that feature lawyers do not
appear to have a significant
impact on the publics perception of
lawyers. The research finds little
difference in confidence in lawyers
between consumers who watch lawrelated television programs (e.g., The
Practice, Law and Order, Court TV,
Judge Judy, and Ally McBeal) and
consumers who do not watch such
programs.

Lawyer Advertising

onsumers discuss how

lawyer advertising also
contributes to negative
perceptions of lawyers. Television
and Yellow Pages advertising that is
geared towards the general public is
said to be unprofessional, overpromising, overly dramatic, and targeted to
vulnerable people.
Consumers seem to be more
concerned with the tenor of lawyer
advertising, than they are with the
presence of lawyer advertising. They
say that it is more important that
lawyers change the way that they
advertise, than it is that they stop
advertising altogether. (See page 32
below.)

You see all these advertisements, like where

they are getting drunk drivers off. That is
what you see on TV and the newspapers.
You dont see good lawyers advertising.
(Boston, Male, 21)
When I see a personal injury ad like that, I
think, these are the ambulance chasers. These
are the people waiting for an accident to
happen. (Dallas, Male, 46)
I dont think they should advertise on
television; they should be in the newspaper.
They are very flashy on TV. They try and
get your attention, but it sounds crazy. I
think its horrible for an attorney to act so
silly. It makes it look very unprofessional.
(Los Angeles, Male, 68)

13

Negative Experiences with

Lawyers

s previous research has

indicated, the majority of
consumers who have hired
a lawyer say that they are satisfied
with their lawyer. (See page 19
below.) However, personal
experiences with lawyers also
contribute to the poor reputation of
the profession. Part of the problem is
endemic to the practice of law.
Consumers say that having to hire a
lawyer often means that you have a
crisis or difficulty. Lawyers are
perceived as a necessary evil.

Lawyers Fees

f all of the criticisms that

consumers raise about their
personal experiences with
lawyers, the greatest number of
complaints arise around lawyers fees.
Consumers say that lawyers charge
too much for their services; are often
not upfront about their fees; and are
unwilling to account for their charges
or hours.

To a certain extent, lawyers are victims

themselves in that people are coming to them
with problems. When you are dealing in an
environment when the client is not in a favorable
position, not a good frame of mind, obviously,
they are going to have a low opinion of you."
(Boston, Male, 50)
You normally need a lawyer when you have a
problem, and you associate them with problems.
And, the deeper your problem, the more you need
them, and the more expensive they are going to
become. (Boston, Male, 58)
Most of the things that they are involved in are
not very pleasant things, anyway: divorce, child
custody, the drugs that people have died from, or
someone is killed in a car accident. So, many of
the things they are involved in helping people
are not very good things, anyway.
(Birmingham, Female, 62)
I was very impressed (with the work the lawyer
did for me), but shocked at the charges because I
did not realize they bill you for every little
minute. The overall complete thing was
wonderful, but we paid out the nose to get all the
estate trust settled. But, its not something that a
normal person can do, and there are all kinds of
rules and regulations. (Dallas, Female, 62)
My lawyer told me that for a divorce, to set up
the paperwork was going to be $750 to $1,000.
By the time I was through with it, it was $7,000.
I dont know what happened. I wasnt in there
through most of it. (Dallas, Male, 46)
What they do is they charge you so much for ten
minutes or so much for an hour, but they never
come forward with their accounting of all of their
minutes. (Chicago, Male, 61)
I had one lawyer with a law firm, and I said,
Before we go any further, what are you going to
do for me? And, they couldnt answer me. I
said, But, you took my money. How can you put
a price on something when you dont know what
youre going to do? (Boston, Male, 67)
14

o one legal specialty is

singled out for
overcharging. Consumers
complain about the fees charged by
all types of lawyers.

The ones who do a commission have more of a

concept of being a used-car salesman Lets
see, how much can I get out of this deal? So,
they are ambulance chasers. Those are the ones
you dont want to trust. There is no structure.
You dont know what you are paying for.
(Dallas, Male, 46)
The problem is with the hourly-based
attorney. That is like giving them a carte
blanche. Its buyer beware.
(Chicago, Male, 53)
If they are with a big firm, they have a
demand on them to bill so many hours. If they
are in private practice, they can bill one hour
for a fax or whatever. (Dallas, Female, 54)
The last time we bought a house, the real
estate attorney did absolutely nothing. But,
she got this huge commission because there
were only things that she could do, and we
couldnt do it on our own.
(Dallas, Female, 62)
My neighbor is going through a divorce. She
said that the divorce attorney is per hour, and
she could not believe how expensive its
getting. She and her husband are trying to
work things out as far as what to do to avoid
all these hours. (Chicago, Female, 47)

Lengthy Delays

few consumers also

complain that lawyers drag
out and overstaff cases
unnecessarily. Some believe that
lawyers do this deliberately in order
to inflate their expenses on a case.

I gave a deposition a while back, and the other

side had three lawyers and an assistant there.
There were four of them, and I had my one
lawyer. The other side was probably $1,000 or
$1,500 an hour for asking me questions. They
didnt have to do that to their client. One of
them could have asked all of the questions.
(Los Angeles, Male, 57)
Sometimes lawyers are very shrewd in
knowing how to drag a case out. And, the
reason for that is the fee keeps going. They are
not stupid. (Boston, Male, 58)
I had an experience with one lawyer where I
just felt they were money hungry. They
stretched it out over a year. To me, they
deliberately held on to my check so they could
get interest on it.
(Los Angeles, Female, 32)
15

Misrepresentation and Overpromises

n addition to the many

complaints about lawyers fees,
consumers also complain about
lawyers who take cases that they are
not equipped to handle, lawyers who
fail to competently represent their
client, and lawyers who promise what
they cannot deliver.

The second guy was incompetent. He did

not know anything about probate, although
he purported to. Finally, I got somebody else
who did know something.
(Los Angeles, Male, 38)
My boyfriend had an injury case against a
company, and he was very badly injured; he
almost lost a foot. He got a very small
settlement. We wouldnt have hired a lawyer
if we knew that was all he was going to do.
We could have gotten the same amount of
money without him. He didnt tell us what
percentage he was entitled to until the day of
court. I thought it was really shady for him
not to be upfront and tell my boyfriend,
This is exactly what I am going to take. This
is the ballpark of what we are expecting.
You have the option of going to trial.
(Birmingham, Female, 23)
My first lawyer showed up while I was in
the emergency room, like an ambulance
chaser. So, I didnt take him. And, the
second lawyer I had worked on the case for
almost a year and accomplished nothing.
The third lawyer got it settled in three
weeks. (Birmingham, Male, 35)

Escalating Problems

inally, some consumers feel

that lawyers can do more
harm than good. This is
particularly true of people going
through a divorce. They say that
divorce lawyers can exacerbate an
already difficult situation.

I went through that when I was eighteen

years old. My parents were fighting for
custody, and I was on my mothers side.
And, my fathers lawyer just ripped me on
the stand. I was an eighteen- year-old girl.
That was the first experience I had with
lawyers, and immediately, my impression
was negative. (Los Angeles, Female, 54)
My dads lawyer pulled
some bull.... while they were going through
the divorce. He was trying to ask for
alimony from my mom and that kind of
stuff, and it was amazing how unscrupulous
he was. I think they take advantage of the
lack of knowledge that people have about the
legal system. (Birmingham, Male, 30)
16

WHAT AMERICANS LIKE ABOUT LAWYERS

Positive Beliefs About Lawyers

hough many comments about

the legal profession are
negative, even consumers
recognize that this is a stereotype,
rather than a universal truth about all
lawyers. In fact, when asked to take
sides, the majority of consumers (59%)

say that most lawyers are

knowledgeable about the law and are
interested in serving their clients. Just
over one-third (34%) say that lawyers
deserve the bad reputation that they
have.

As you may or may not know, lawyers have a relatively poor reputation in American
society. Some people say that most lawyers are knowledgeable about the law and are
interested in serving their clients. Others say that lawyers deserve the bad reputation that
they have. Which of these do you tend to agree with more?

SOURCE: LJS January 2002 survey.

17

hile consumers describe

lawyers as greedy,
manipulative, and
corrupt, they also say that lawyers are
well-educated, intelligent,
knowledgeable, hardworking,
aggressive, outgoing, well-spoken,
and confident. Some even defend
lawyers, arguing that it is the system,
and not lawyers, that is the source of
the problem. Others say that the very
traits that lawyers are criticized for
(e.g., being aggressive) make lawyers
good at their jobs. Finally, some
argue that lawyers are not greedy, but
deserve to earn a living, just like
members of any other occupation.

urther, the same public who

holds negative views of
lawyers also generally
believes that the law is a good, and
even respectable, career. Many
consumers also say that they would
be proud if one of their children was a
lawyer. They reconcile this, in part,
by saying that their child would be
one of the good lawyers. And, they
believe that a career in law is a
financially stable, lucrative path.

I think attorneys are just working within the

law, and I think that we can work to change the
laws if we dont like them.
(Los Angeles, Female, 59)
Most of them are entrepreneurs. If you look at
the characteristics, like motivated or
hardworking, they essentially have their own law
firm that they are working for. Even if you go to
a larger law firm they are still motivated to
generate revenue for themselves. They are
working for themselves and their own business.
That makes them hardworking and motivated.
(Chicago, Male, 24)
If you have an attorney who is going to
represent you, you want them to be aggressive,
motivated, and knowledgeable because he is
representing you, and you want him to do the
best job possible. I think that it is positive for an
attorney to have these things.
(Chicago, Female, 37)
Why not go into it for the money? Dont we
have our careers to make a living? I mean, it is
different when you are a shark. That is different.
But, why dont you look at anything you go into
as a money-making venture? You might have
family you have to support. Not everything you
do is out of the goodness of your heart.
(Los Angeles, Female, 47)

You always assume that your kid is going to be

a good lawyer. (Dallas, Male, 58)
You want your child to be successful. In
America, we think of successful as being wealthy,
and with being a lawyer comes wealth.
(Chicago, Female, 21)

18

Positive Experiences with

Lawyers

s found in the 1998 ABA

study and other studies,
this research finds that the
majority of consumers who have
hired a lawyer are satisfied with their
lawyer. Among consumers who have
hired a lawyer in the past five years,
nearly three in five (58%) say that they
were very satisfied with that lawyer. An additional 18% were somewhat satisfied.

Overall, how satisfied were you with the quality of the service your lawyer provided?

ALL RESPONDENTS
Very satisfied
Somewhat satisfied
Neither satisfied nor dissatisfied
Somewhat dissatisfied
Very dissatisfied

ABA
1998
(1000)
100%
53%
23
4
9
11

LJS
January 2002
(300)
100%
58%
18
8
3
9

19

urvey participants were asked

to rate their satisfaction with
different aspects of working
with their lawyer. Consumers who
have hired a lawyer in the past five
years express the greatest level of
satisfaction with their lawyers
knowledge of the law, how the lawyer
handled the initial conversation and

explained their fees, and how

sensitive the lawyer was to the clients
needs and concerns. Consumers are
least likely to be satisfied with how
well the lawyer kept them informed,
and how long it took to resolve the
matter.

Well, thinking about your experience with this lawyer, how satisfied were you with?

ALL RESPONDENTS

Total
(300)
100%

Percent Who Said That They Were Very Satisfied With:

How well the lawyer knew the law in this area
The way the lawyer handled the initial conversation
with you
How upfront the lawyer was with the fees he/she
would charge you
How sensitive the lawyer was to your needs and
concerns
How proactive the lawyer was in protecting and
serving your interests
The fees the lawyer actually charged you
The advice the lawyer gave you
How quickly the lawyer worked to resolve the issue
How well the lawyer kept you informed of your case

72%
68
68
65
62
62
61
56
53

SOURCE: LJS January 2002 survey.

20

onsumers tell many positive

stories of lawyers who have
helped them through both
routine and complex legal matters.
From these stories, we learn of
lawyers who know the law, take time
with their clients, work hard on their
clients behalf, charge them
reasonable fees, and generally help
them through a difficult period. Some
tell stories of lawyers who got their
clients out of a tough spot or
persisted through a difficult situation.

I went through the closing from hell. It

took 22 months from the time I signed the
purchase of sale to the time of the actual
closing. My lawyer was a personal friend of
mine, and he stayed on top of this thing for
22 months. If it hadnt been for him, it
would have fallen apart.
(Boston, Male, 58)
In my own experience, I havent won
anything big. But, it is involved with real
estate, and the lawyers were very helpful and
concerned. They seemed to know all kinds of
angles and avenues that the normal,
everyday person wouldnt know.
(Boston, Female, 41)
We had a business problem last year, and
we couldnt resolve it with the person we
were having the problem with. It was just at
a standstill. The lawyer was able to talk to
both people and mediate and make it work.
(Los Angeles, Female, 59)
I had one about fifteen years ago. My
husband was ill with cancer. The doctors did
not think he was going to make it, but he did.
He has been in remission for fifteen years.
But, at the time, the doctors told me to go and
sign him up for Social Security disability.
The first time my husband was turned down;
so, the doctors told me to go to an attorney.
So, I went to one. He was very professional
and took the percentage that he said he
would in the very beginning. We also had to
go to a hearing. The lawyer had other
professionals there and doctors to back him
up. My husband was on disability for two
years. (Birmingham, Female, 62)

21

onsumers also tell positive

stories of legal aid lawyers
who help unsophisticated
clients navigate the legal system, and
private-sector lawyers who charge
reasonable fees or offer their services
free of charge to help out an indigent
client.

We emigrated from Iran when I was a little

girl, and I remember going through the
whole thing applying for our Green Card.
My mom speaks broken English, and here
she is going into an office with a little girl
who is supposed to translate. But, I just
remember the lawyer. He was so nice. He
was so patient with my mom. He explained
everything again and again. You know, I
think lawyers are protectors. They could be
the ones to tell you Look, you are going to
get screwed here. You better watch your
back. You are going to need someone to do it.
I could do it for you. I will pay them
whatever. Thats fine, as long as they do
their job right for me.
(Los Angeles, Female, 26)
I divorced my first husband. I had kids,
and I didnt have any money; so, I went to
the Womens Legal Aid that used to be down
here. All these lawyers came in and gave
their time for free. They all had big
businesses. They gave advice, and you paid
$25 for the year to join. And, the lady who
helped me saw I was overwhelmed. She took
my case and did it all for me. I gave her
$300, and she did it all for me: the
restraining order, custody, and everything.
(Los Angeles, Female, 47)
It was a franchise lawyer, and it was a very
positive experience. He billed by the hour,
and he only billed us for the three hours we
visited with him. He just offered advice,
listened to us, and gave us documentation. It
was very positive. (Dallas, Female, 54)
I know someone who had a real good
criminal defense lawyer, and he didnt even
charge the person because he knew he didnt
have any money. And, he really did help
him. (Chicago, Female, 47)

22

THE UNTAPPED DEMAND FOR LAWYERS:

LAWYER AVOIDANCE
Uncertainty in Hiring a Lawyer

hile many consumers

have had positive
experiences with
lawyers, many of these same people
have had negative experiences as
well. The problem is that these two
types of stories represent a sort of
Jekyll and Hyde for consumers. It is
difficult to know whether they are
hiring a good lawyer or a bad lawyer,
a reasonably priced lawyer or an
expensive one.
Because of this uncertainty, the very
prospect of hiring a lawyer can
engender feelings of vulnerability and
anxiety in consumers. Just as they do
with their contractors, when people
enter a relationship with a lawyer,
they start off from a stance of mistrust.

You are a lot more vulnerable with a lawyer

than with a doctor. Even when a doctor is
dealing with a medical condition, it is easier
to get second opinions. It is easier to figure
out what is going on. With a lawyer, you
have no idea if you can trust them; you dont
know the laws. You cant go and investigate
every law. That is the job that you entrust
them with. (Los Angeles, Female, 25)
The law in general can be very frustrating
to the average human being. He is dealing
with a world that is just not natural to deal
in, and then he has to deal with people in
this unnatural world who are charging him
fees that are going out of sight; they are
never ending. (Boston, Male, 58)
I guess there is not one standard of lawyers.
Its always hit or miss, it seems.
(Chicago, Male, 35)
The reputation is that lawyers can push the
limits. They can take advantage of things
other people cannot take advantage of.
Power of attorney you give them power of
attorney. They can sign things for you.
They can take money from you. You hear
about them taking money from other people.
That is where they get a bad reputation.
(Dallas, Male, 46)
There is no rating system for an attorney;
so, you dont know what you are getting,
unless you have a personal experience.
(Dallas, Male, 39)
You know that if you want a referral or are
trying to find an attorney, there is not a
whole lot out there, and its not easy to find a
good one. (Chicago, Male, 38)

23

iven this anxiety and the

difficulty in evaluating a
lawyer, some consumers
avoid using lawyers altogether. Part
of this is a desire to avoid the kind of
situations that would require a
lawyer. But, part of this is also a
desire to avoid both the anxiety and
the costs involved with hiring a
lawyer. This means that some
consumers are simply not getting
their legal needs met, while others are
finding ways to solve their problems
without having to hire a lawyer.

I hope I can go through my entire life

without ever having to use a lawyer.
(Boston, Male, 58)
I went to see a divorce lawyer to get my
divorce. Of course, I dont know the laws on
that, but it boiled down to $1,200. I found
out I could divorce myself for $200; so, I
divorced myself for $200.
(Dallas, Female, 30)
There is a group of paralegals that have a
website that tells you everything you need to
do. And, for $250, which is much less than
it would cost to hire a lawyer, they draw up
all the papers for you, have everything, send
it to you, and all you have to do is take it to
the court and everything is done.
(Dallas, Female, 35)

Potential Demand for Lawyers

n order to measure the extent to

which consumers avoid hiring
lawyers, survey participants
were read a list of 25 different events
that might have caused them to hire a
lawyer during the past twelve
months. In a given year, the need for
any specific type of legal service is
relatively low. However, collectively,
there is a great demand for personal
legal services.

Altogether, seven in ten U.S.

households (71%) report experiencing
some event in the past twelve months
that might have led them to hire a
lawyer. The most common events are
real estate transactions, mortgage
refinancing, damage to property or
automobile, creation of wills or estate
plans, inadequate health care, moving
traffic violations, and trouble with
creditors.

24

In this survey, we are concerned with things that were happening to you or others
in your household during the past 12 months. As I describe each situation,
please tell me whether it occurred to you or another member of your household
during the past 12 months. During the past 12 months, did you or any other
member of your household (ASK FOR EACH)?

ALL RESPONDENTS
Any Event Occurred Within Past 12 Months (Net):

Total
(300)
100%
71%

Bought or sold real estate

Refinanced a mortgage
Suffered damage to property or automobile
Created or revised a will, estate plan, or trust

16
14
13
12

Felt they were given inadequate medical care

Got a moving traffic violation
Had trouble with creditors
Had a dispute with a landlord, tenant, condo board,
or neighbor

12
12
11

Had to administer an estate or deal with inheritance

Had trouble getting medical insurance coverage
Felt they were a victim of consumer fraud
Considered filing for bankruptcy

8
8
7
6

Had difficulty collecting public benefits (e.g., Social

Security, veterans benefits, disability)
Had a problem with or discontinuation of basic
utilities (e.g., telephone, gas, electricity)
Got involved in child custody or child support dispute
Other*
No Event Occurred Within Past 12 Months

6
6
5
26
29

SOURCE: LJS January 2002 survey.

* Mentioned by fewer than 5% of households. This includes
events such as workplace discrimination, personal injury,
divorce, felony convictions, and problems with the IRS.

25

Avoidance of Lawyers

owever, while the

collective need for legal
services is high, most
households who have an occasion to
hire a lawyer do not actually hire one.
Altogether, among those households
who had some occasion to hire a
lawyer in the past twelve months,

less than half (45%) have already hired

a lawyer or say that they plan to.
Similar results were found in an
earlier study on unmet legal needs
among low-income and moderateincome Americans.*

ALL RESPONDENTS WHO HAD AN EVENT IN PAST

12 MONTHS THAT MIGHT HAVE LED THEM TO
HIRE A LAWYER

Total
(214)
100%

Hired a Lawyer or Plans to (Net):

Already hired a lawyer
Plans to hire a lawyer

45%
37
8

Does Not Plan to Hire a Lawyer

55

SOURCE: LJS January 2002 survey.

Report on the Legal Needs of Low and Moderate Income

Public: Findings of the Comprehensive Needs Study,
conducted by the Institute of Survey Research at Temple
University for the Consortium of Legal Services and the
Public, January 1994.
26

ltogether, one-third of all

U.S. households say that
they have had at least one
occasion where they considered
hiring a lawyer, but did not. When
asked why they decided not to hire a
lawyer, the expense of doing so is
mentioned most often (28%), followed
by took care of it myself (19%), and
its not worth it/wont do any good
(15%).

Some of these occasions are believed

to be readily resolved without a
lawyer. For example, those who had a
real estate transaction or refinanced a
mortgage often say that they didnt
feel they needed a lawyer.

Why did you decide not to hire a lawyer?

ALL WHO HAVE CONSIDERED HIRING A

LAWYER, BUT DID NOT

Too expensive/cant afford it

Took care of it myself
Not worth it/wont do any good
Not enough time

Total
(96)
100%
28%
19
15
9

Matter was resolved/settled

Dont need a lawyer/not necessary
Dont trust lawyers
Its in the past/over

6
5
5
3

Went through the state

Insurance company handled case
Didnt want to

2
2
1

Other

15

SOURCE: LJS January 2002 survey.

27

n summary, the potential

demand for personal legal
services is high, but much of this
goes untapped. Over half of all
consumers who might need a lawyer
do not hire one. Part of this stems
from the lack of a real need for a
lawyer and from the routinization of
certain transactions (e.g., real estate,
mortgage refinancing). But, negative
experiences with and perceptions of
the profession also contribute to the
avoidance of lawyers. The research
indicates that the avoidance of
lawyers is greater among consumers
who have had a negative experience
with a lawyer in the past.

Avoidance of lawyers is also greater

among consumers who have a low
opinion of lawyers. This suggests that
the lack of public confidence in the
legal profession impacts the bottom
line of that profession: it leads to the
avoidance of lawyers. While it may be
difficult to make significant inroads,
there are some indications that the
professions reputation can be
improved through lawyers actions.
The next section discusses some
modest improvements in the
professions reputation since the
events of September 11, 2001.

28

CONFIDENCE POST-SEPTEMBER 11
Confidence in U.S. Institutions

onsumer confidence in
many U.S. institutions
eroded after the 2000 presidential election. However, most U.S.
institutions have recovered, and even
gained consumer confidence, in the
wake of September 11, 2001. For
example, public confidence in the U.S.
Supreme Court plummeted after the
2000 presidential election (from 50%

in 1998 to 32% in April 2001), but has

rebounded (to 46%) since the events of
September 11, 2001. Confidence in the
Executive Branch of Government, and
in the U.S. Justice System as a whole,
are both higher in 2002 compared to
1998. While still relatively low, both
the legal profession and the media
have also gained consumer confidence
since the events of September 11, 2001.

First, Id like to talk to you about your confidence in different institutions in

American Society. Here is a list of American institutions. As far as the people
running these institutions are concerned, how confident do you feel about each
institution?

ALL RESPONDENTS
Percent Who Say That They Are
Extremely/Very Confident In:
Medical profession/doctors
Executive branch of government
(Office Of President,
Departments of Commerce,
Defense, etc.)
U.S. Supreme Court
Federal Courts other than the
Supreme Court
Judiciary/judges
State and local courts
Federal Congress
Legal profession/lawyers
The media
U.S. Justice System in General

ABA Study
1998
(1000)
100%

LJS Study
April 2001
(450)
100%

LJS Study
January 2002
(300)
100%

46%

42%

50%

26
50

27
32

46
46

34
32
28
18
14
8
30

23
22
21
16
14
8
24

37
33
31
22
19
16
39
29

Response to September 11, 2001

urvey participants were also

asked how they feel about how
different U.S. institutions have
responded to the events of and since
September 11, 2001. While the
military, the President, and the U.S.
Postal Service receive the highest
marks, the majority of Americans
express satisfaction with each of the

institutions asked about, including

national security agencies, the media,
and the legal profession. Over half of
respondents (55%) say that they are
very or somewhat satisfied with
how the legal profession has handled
the events of and since September 11,
2001.

Now I would like you to specifically think about the way that some U.S. institutions
have responded to the events of and since September 11. Thinking about the events since
September 11, how satisfied would you say that you are with the way thathas
responded?
PERCENT WHO SAY THEY ARE:*
Very/
Neither
Somewhat/
Somewhat Satisfied Nor
Very
Satisfied
Dissatisfied
Dissatisfied
The military
The President
The United States Postal Service
The medical profession/doctors

92%
87
86
79

3%
3
5
13

Your local or city government

Corporate America or the business
community
U.S. intelligence agencies, such as
the FBI and CIA
Federal Congress

75

16

73

11

16

72
71

8
8

19
20

67

26

64
59
55

18
6
27

18
35
19

The airlines
National security agencies, such as
the Office for Homeland Security
The media
The legal profession/lawyers

6%
10
9
7

SOURCE: LJS January 2002 survey.

* NOTE: Figures may not add to 100% due to rounding.
30

ublic confidence in many U.S.

institutions has wildly
fluctuated over the past two
years, dropping immediately
following the 2000 presidential
election and recovering postSeptember 11, 2001. The legal
profession has been under the radar
during most of this period. However,
to the extent that lawyers have
responded (or chosen not to respond)
to the events of September 11, the
public reaction has been favorable to
neutral. This may change as more
lawsuits are filed, and some public

backlash may be unavoidable, as

lawyers take center stage in the
controversy over compensating the
victims families. However, these data
suggest that lawyers actions can
impact public perceptions of the
profession. It also suggests that the
large-scale pro-bono work done on
behalf of the victims families has the
potential to ameliorate some of the
negativity generated by lawsuits,
assuming that consumers are made
aware of these public service
activities.

31

CONSUMER RECOMMENDATIONS

urvey respondents were asked

to rate some different things
that lawyers and the legal
profession might do to improve their
reputation in society. Their recommendations speak to the individual
lawyer, and to the profession as a
whole. For the individual lawyer,
consumer recommendations focus on
lawyer-client communication. Consumers say that it is important that
lawyers do a better job of communi-

cating with their clients (80%) and do a

better job of explaining their fees to
their clients (69%). For the profession,
consumers say that they would most
like to see the legal profession educate
the public about handling common
legal problems (81%), and do a better
job of policing and regulating themselves (78%). Least important to
consumers: that lawyers change the
way that they advertise (45%) or stop
advertising altogether (27%).

People have offered a number of different solutions to improve lawyers reputation in

American society. Thinking about the things that lawyers and the legal profession might
do to improve their reputation, on a nine-to-one scale, where 9 means it is very
important, all the way down to 1 meaning it is not so important, how important do
you feel it is that lawyers?

Educate the public about how to handle

common legal problems
Do a better job of communicating with their
clients
Do a better job of policing and regulating
themselves
Do a better job of explaining their fees to
their clients
Do more public service/pro-bono work
Lower their fees
Be more selective about the cases that they
take
Change the way that they advertise
Stop advertising

Percent Rating it
as Important
(7-9 Rating on a
Nine-Point Scale)

Mean Rating
(Nine-Point Scale)

81%

7.8

80

7.8

78

7.7

69
63

7.3
6.8

57

6.8

46
45

5.9
5.8

27

4.3

SOURCE: LJS January 2002 survey.

32

CONCLUSIONS

he negative perceptions of
lawyers run deep and wide,
as do the possible remedies.
Part of this is inherent to the
adversarial process, and to the
difficult situations that lead people to
hire a lawyer. Part of this, no doubt,
is also due to the controversy inherent
in high-profile cases, the way that
lawyers are portrayed in the media,
and the manner in which lawyers
advertise. But, personal experiences
with lawyers often substantiate the
publics belief that lawyers are
greedy, manipulative, and corrupt.
While some sectors of the bar are
more tainted than others, no area of
the profession is untouched by these
perceptions. Consumer experiences
with their own lawyers color their
perceptions of all types of lawyers.

under, and the range of their

experiences with lawyers. Yet, even
though consumers grasp the
complexities and acknowledge many
of the good things that lawyers do,
they stand by their negative overall
assessments. The public does not
divide greatly in its views of lawyers.
Rather, the same people hold both
negative and positive views of the
legal profession.

At the same time, consumers also

have many positive things to say
about the lawyers they know and the
lawyers they have hired. There are
many stories told of lawyers who
apply considerable knowledge and
skill to help clients get through
difficult periods. To some extent,
negative perceptions of lawyers
moderate as consumers consider the
constraints that lawyers operate

For the consumer, there is little

middle ground in hiring a lawyer.
While many lawyers do a good job of
explaining their services and fees to
their clients, many lawyers do not.
The reward for hiring a good lawyer is
high; but so is the potential cost of
hiring a bad lawyer. And, whether the
lawyer is good or bad, the financial
costs are uncertain and often greater
than the average consumer can bear.
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his uncertainty generates

feelings of vulnerability and
anxiety in consumers and
creates a real potential for tension in
the lawyer-client relationship and for
the avoidance of lawyers altogether.
While over seven in ten households
have had a potential need for a lawyer
in the past year, less than half of those
who might need a lawyer will
actually hire one. The irony is that, at
the same time that so many
consumers legal needs go unmet,
many members of the growing legal
profession are struggling to secure
clients.

Data on public confidence in the legal

profession post-September 11, 2001
suggests that there are steps that can
be taken to improve public confidence
in lawyers and the legal profession.
Because the poor reputation of the
legal profession has multiple sources,
consumers say that the problem must
be addressed on multiple fronts. On
the following pages are strategies that
lawyers, law firms, and bar
associations can undertake to improve
lawyers standing in society.

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WHAT INDIVIDUAL LAWYERS CAN DO

aw is a service industry,
but it is a difficult service to
purchase for most consumers.
Consumers say that individual
lawyers need to improve their
relationship with the clients they
serve. Consumer recommendations
center on lawyer-client
communication and the fees that
lawyers charge.

IMPROVE COMMUNICATION WITH

YOUR CLIENTS
Good communication with clients
is critical to earning their trust.
Consumers are concerned not only
about the outcome of working
with a lawyer but are also
concerned about the process. To
address these issues, lawyers
should:
- Clearly explain their role and
what they can and cannot do for
a client.
- Provide a realistic assessment of
their clients options and
potential outcome.
- Explain the process in easy to
understand terms.
- Explain the timetable and
establish reasonable expectations for how long it will take
until a problem is resolved.

- Provide regular communication

to clients about the status of
their cases and explain the
reasons for delays, if any.
- Return client phone calls and
respond promptly to inquiries.

EXPLAIN FEE STRUCTURE UP FRONT

The fees that lawyers charge are a
significant source of anxiety for
consumers. Consumers are
confused about lawyers fee
structures, and concerned about
the amount of those fees.
Therefore, it is critical that fees be a
part of the conversation that
lawyers have with their clients. In
this discussion, lawyers should:
- Explain their fees upfront,
including what is covered in the
basic charge, (e.g., phone calls,
responding to e-mail, research,
appearing in court), and what
additional costs the client will
be charged for (e.g., overhead,
phones, administrative support,
filing fees).
- Establish and communicate in
writing what the fees are, the
billing process, any payment
schedule, etc.
- Alert client and explain the
nature of all additional and/or
unexpected charges.
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WHAT LAW FIRMS CAN DO

aw firms can promote the

profession best by training
their own lawyers to better
serve their clients and by encouraging
and promoting the public service
activities of the firm and its members.

EDUCATE LAWYERS IN THE FIRM

ABOUT GOOD LAWYER-CLIENT
RELATIONSHIPS
Teach firm members how to
develop and maintain good client
communication, including
establishing reasonable
expectations and outlining clear
and understandable fees.

PROMOTE PUBLIC SERVICE BY THE

FIRM AND ITS LAWYERS
Encourage pro bono work and
assistance to low and moderate
income groups by lawyers in the
firm.
Promote public service and
community activities done by the
firm and its members.
Be a member of and contribute to
the support of the local community.
Partner with others to provide
services to schools and community
groups.

ADVERTISE RESPONSIBLY
Firms should make a commitment
to follow the standards or ethical
rules for advertising as established
by their jurisdiction or in the ABA
guidelines for taste and truth in
advertising.

36

WHAT BAR ASSOCIATIONS CAN DO

ar associations can promote

the profession through public
education, continuing
education of lawyers, policing the
profession more aggressively and
promoting the good things that
lawyers already do and are known for.

EDUCATE CONSUMERS ABOUT

HANDLING COMMON LEGAL
PROBLEMS
Create or enhance ongoing
education programs that provide
students and consumers
information on how to handle
common legal problems (seminars,
brochures, websites, public
speaking, and public service
programs).
Educate consumers about the
questions they need to ask and
what to look for when hiring a
lawyer.
Support and promote state/local
lawyer referral services.

EDUCATE LAWYERS ABOUT

MAINTAINING GOOD CLIENT
RELATIONSHIPS
Provide legal education programs
on client service.
Set standards and guidelines for
client communication.

SUPPORT AND PROMOTE SAFEGUARDS

FOR CONSUMERS AND ENFORCE
DISCIPLINARY RULES
Create state/local plan to adopt
recommendations from the
following reports:
- Lawyer Regulation for a New
Century, Report of the ABA
Commission on Evaluation of
Disciplinary Enforcement (The
McKay Report), February 1992.
- A National Action Plan on Lawyer
Conduct and Professionalism,
Conference of Chief Justices,
1999.
Advocate a more open and active
lawyer disciplinary system.

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ENCOURAGE PUBLIC SERVICE

ACTIVITIES OF LAWYERS
Encourage pro bono work by
lawyers.
Promote public service and
community outreach by lawyers
and judges.

PUBLIC RELATIONS/PUBLIC
OUTREACH
Public relations should focus on
the positive things that lawyers do
and are known for. Consumers
appreciate lawyers for their
knowledge of the law and for their
advocacy on behalf of their clients.
Any campaign should emphasize
that lawyers are experts and advocates (rather than adversaries). For
example, bar associations can
highlight stories of individual
lawyers who have helped their
clients.

UNDERTAKE FURTHER RESEARCH ON

LAWYER-CLIENT RELATIONSHIPS
This study suggests that additional
research is needed in the area of
lawyer-client relationships and lawyers fees, in order to more fully
explore such questions as:
In what ways are different types of
lawyers best serving their clients?
Where do they fall short?
What do different types of lawyers
currently charge for their services
and how are their fees structured?
How do clients value the services
they receive for these fees?
What information do clients now
receive about lawyer fees?
What information, if any, do clients
feel they need that they do not now
receive?

Create materials and programs to

help the news media understand
the legal system and judicial
process. Partner with media
organizations to provide such
services.

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