Hamlet, the lawyer

I drive through the country from Griffin to Senoia to LaGrange and back again. I try to do my job as best I possibly can and be of service to people so they will want to make use of my services and pay me for them. I want to use my knowledge and experience in a constructive way. I want to provide people with a service in such a manner that they will want to continue to make use of my services, that they will trust me and will want to tell others that I am a good provider of services, and that my reputation will be such that the desire to make use of my services will grow. I want them to come to me and send people to me and grow my business.

People tend to expect something close to perfection from me. They expect a level of competency which is beyond what they expect from themselves.

Consider this. An attorney has two functions. The first function is to attain a level of expertise concerning the laws which affect people in the community. This level of expertise is trusted by others so that they come to me and request my opinion on the law when they attempt to act in society, so that they do not fall prey to the laws through their actions.

The second function of an attorney is to act for another. This is the part of an attorney's function which comes from the concept of an attorney in fact. People place their ability to act in society in the hands of the attorney so that the actions will be handled in such a manner to ensure that these actions are lawful. Or perceived by those whose responsibility is to enforce the law as lawful

There are problems with these functions. First of all, everyone is expected to act lawfully. Everyone is expected to know the laws as well as any other in society. In these expections, no one has an advantage over others. As a matter of fact, a layman's knowledge of the laws may even be clearer than an attorney, particularly in an area in which the layman has special expertise.

Secondly, the lawyer may not have any greater expertise than the layman in knowledge of the law. Surely, when one graduates from a law school and passes the bar and is sworn in as an attorney, they probably have a greater expertise than your average layman. However, this is no guarantee. It is probable that a legal secretary acquires a working knowledge of the law that becomes equivalent to the lawyer for which she or he is employed. Sometimes the layman may actually go to the secretary to seek advise in deference to the lawyer she works for. This has happened many times.

Often, a layman will ignore the expertise or knowledge of the lawyer. This may arise because of the personality of the layman. It may arise from the ego of the layman. It may arise from a desire to save money. All of these create problems for the lawyer and the layman. Ultimately, they create a situation in which the layman suffers and then blames the lawyer for his ills.

This often creates a situation in which the skills and knowledge of the lawyer are discounted by the layman or even denied. It also creates a situation in which the lawyer's place and position in society are denigrated.

When this happens, the actions of the lawyer are placed under a microscope and examined more closely than almost any other person in society. Any shortcoming or failure is perceived more harshly than others. The irony of this is that the lawyer is the only professional whose actions are held in this way and whose actions are held under the scrutiny of the agency which sanctions their actions but also by the professionals who are their brothers and sisters in the profession. Is there any other profession which polices itself like lawyers?

I am reminded of Hamlet's famous solliquy. Who indeed would suffer the slings and arrows of outrageous fortune, when one might make his peace with a bare bodkin (knife)? This does make calamity of such a short life. Perhaps it is only the possibility of capital and wealth which in fact does make the livelihood worth the risk and perception in the culture.

I became a lawyer to provide a livelihood, respect in the community and an opportunity to serve others. At least I have the opportunity to serve others. For now.