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Perception vs. reality: Understanding public trust in lawyers in Michigan

 

by Joseph P. McGill   |   Michigan Bar Journal

From the President

In Michigan, as in many parts of the United States, the legal profession faces a complex interplay between public perception and the realities of legal practice. National surveys, such as those conducted by Gallup, indicate a declining trust in lawyers. However, Michigan-specific data and local initiatives offer a more nuanced understanding of this dynamic. The public perception of lawyers and its implications for the rule of law in Michigan is an ever-evolving issue that should concern all attorneys.

PUBLIC PERCEPTION OF LAWYERS IN MICHIGAN

In Gallup’s annual survey conducted from December 2 to 18, 2024, lawyers were among the nine professions viewed more negatively than positively by Americans regarding honesty and ethical standards. While specific percentages for lawyers were not detailed, they were grouped with professions such as bankers and business executives, indicating a general public skepticism toward their ethical standards.

This negative perception of lawyers aligns with a broader decline in public confidence in the U.S. judicial system. In 2024, only 35% of Americans expressed confidence in the judiciary and courts, marking a record low and a significant drop from 60% in 2020. This decline is one of the steepest Gallup has measured globally and is notably larger than declines in other U.S. institutions during the same period.

Several factors contribute to this erosion of trust. High-profile political and various legal cases have intensified public scrutiny and skepticism toward the legal system. These events have led to perceptions of politicization within the judiciary, further diminishing public confidence.

The Gallup poll indicates that lawyers are among the professions viewed more negatively than positively by the American public. This sentiment reflects broader concerns about the ethical standards of the legal profession and a significant decline in trust in the U.S. judicial system. These findings suggest a significant disconnect between the public’s perception of lawyers and the reality of legal practice in Michigan. Such perceptions can be influenced by various factors, including media portrayals, personal experiences, and political rhetoric.

FACTORS INFLUENCING PUBLIC PERCEPTION

Several factors contribute to the public’s perception of lawyers in Michigan:

Media representation: Television shows and movies often portray lawyers in a dramatic light, sometimes emphasizing negative stereotypes. These portrayals can shape public opinion, especially when they depict lawyers as manipulative or self-serving.

High-profile cases: Notable legal battles and controversial cases can shape public opinion, especially when they involve perceived injustices or ethical dilemmas. For instance, high-profile personal injury cases or corporate lawsuits can lead to the perception that lawyers are primarily motivated by financial gain.

Political climate: Statements and actions by political figures can influence how professions are viewed. For example, rhetoric targeting “elite” professions can impact public trust. In Michigan, political discourse often includes critiques of the legal profession, framing lawyers as part of an out-of-touch elite.

Personal experience: Individuals who have had negative experiences with legal services may generalize these feelings toward the profession. A person who perceives their lawyer as unresponsive or overly expensive may develop a lasting negative view of lawyers in general.

These factors contribute to a public perception that may not accurately reflect the realities of legal practice in Michigan.

THE REALITY OF LEGAL PRACTICE IN MICHIGAN

While public perception may be influenced by various factors, the reality of legal practice in Michigan often contrasts with these views:

Ethical standards: The legal profession is governed by strict ethical guidelines and codes of conduct, ensuring accountability and professionalism. Lawyers in Michigan are required to adhere to the Michigan Rules of Professional Conduct, which set standards for ethical behavior.

Diverse specializations: Lawyers in Michigan specialize in various fields, from criminal defense to corporate law, each requiring a deep understanding of specific legal areas. This specialization allows lawyers to provide expert advice and representation tailored to their clients’ needs.

Commitment to justice: Many lawyers are dedicated to upholding justice, advocating for the underrepresented, and contributing to societal well-being. Programs like the Michigan Indigent Defense Commission aim to ensure that individuals who cannot afford legal representation receive competent counsel.

These realities highlight the professionalism and dedication of lawyers in Michigan, contrasting with the negative stereotypes that may prevail in public perception.

THE IMPORTANCE OF PUBLIC PERCEPTION TO THE RULE OF LAW

The rule of law is a foundational principle that ensures laws are applied equally and fairly to all individuals, maintaining order and justice within society. Public trust in the legal system is essential for the rule of law to function effectively.

When the public perceives lawyers and the judiciary as trustworthy and competent, they are more likely to engage with the legal system, comply with laws, and respect legal decisions. Conversely, a lack of trust can lead to disengagement, noncompliance, and challenges to the legitimacy of legal institutions.

In Michigan, the declining public perception of lawyers, as indicated by various surveys, poses a threat to the rule of law. If the public believes that lawyers prioritize personal gain over justice, it undermines confidence in the entire legal system.

Furthermore, public perception influences the effectiveness of legal reforms and policies. For instance, initiatives aimed at improving access to justice or reforming sentencing laws may face resistance if the public lacks trust in the legal profession.

BRIDGING THE GAP: ENHANCING PUBLIC TRUST

To align public perception with the reality of legal practice, several steps can be taken:

Community engagement: Lawyers can participate in community outreach programs, offering legal education and pro bono services to build trust and understanding.

Transparency: Clear communication about legal processes, fees, and expectations can demystify the profession and reduce misconceptions.

Media collaboration: Working with media outlets to portray realistic and positive representations of legal work can help shift public opinion.

Professional development: Professional development is crucial for lawyers to maintain competence, adapt to legal advancements, and uphold ethical standards. In Michigan, various programs and initiatives support lawyers’ growth, aiming to enhance their skills and public perception.

CONTINUING LEGAL EDUCATION (CLE) IN MICHIGAN

The Michigan Indigent Defense Commission mandates that attorneys complete at least 12 hours of continuing legal education annually, with specific requirements for those with fewer than two years of experience in criminal defense. This ensures that lawyers remain informed about legal developments and maintain high standards of practice.

Law school initiatives for professional development: Michigan law schools play a pivotal role in preparing future lawyers. For instance, Michigan State University College of Law offers comprehensive career services, including one-on-one advising, skills-building programs, and bar preparation support, to equip students for successful legal careers.

Similarly, the University of Michigan Law School’s Practitioner Fellowships provide recent graduates with opportunities to work in public service institutions while engaging in professional development and networking activities.

BAR PASSAGE SUPPORT PROGRAMS

Programs like the Wolverine Bar Association’s Walter H. Bentley III Minority Bar Passage Program focus on improving bar passage rates by offering targeted support, such as essay writing techniques and mentorship, to law school graduates preparing for the Michigan Bar Exam.

Career coaching and mentorship: The State Bar of Michigan provides career coaching services to assist lawyers at various stages of their careers. These services offer guidance on career goals, job search strategies, and professional development, helping lawyers navigate their professional journeys effectively.

Specialized legal education resources: The Institute of Continuing Legal Education offers a wide range of practical resources, including how-to kits, legal updates, and sample forms, to help Michigan lawyers stay current with legal practices and enhance their expertise.

LAWYER WELL-BEING: HOW WELL-BEING CAN IMPACT PUBLIC PERCEPTION OF LAWYERS

The Michigan Task Force on Well-Being in the Law, established by the Michigan Supreme Court and the State Bar of Michigan, has made significant strides in promoting mental health and well-being among legal professionals. Their comprehensive report, released in August 2023, outlines 21 specific recommendations aimed at improving the work environment for lawyers, law students, and judges. These recommendations emphasize the importance of mental health support, reducing stigma, and fostering a culture of well-being within the legal community. The subsequent establishment of the Commission on Well-Being in the Law ensures the continued implementation and monitoring of these initiatives.

Furthermore, law schools in Michigan are increasingly recognizing the importance of addressing well-being from the outset of legal education. Institutions like the University of Michigan Law School are incorporating well-being initiatives into their curricula, providing students with the tools and resources needed to navigate the stresses of legal education and practice. These efforts not only support the mental health of future lawyers but also contribute to a more positive public perception of the profession.

CONCLUSION

The divergence between public perception and the reality of legal practice in Michigan presents a multifaceted challenge that impacts not only the legal profession but also the broader societal commitment to the rule of law. While negative stereotypes and misinformation about lawyers persist, initiatives at both the state and institutional levels are actively working to address these issues.

Professional development is also integral to the legal profession in Michigan, ensuring that lawyers maintain competence and uphold ethical standards. Through initiatives like CLE requirements, law school programs, bar passage support, career coaching, and specialized legal education resources, Michigan lawyers are equipped to meet the evolving demands of the legal field. These efforts not only enhance individual lawyer competence but also contribute to the public’s trust in the legal profession, reinforcing the rule of law in Michigan.

Despite these advancements, the task of reshaping public perception remains ongoing. Continued efforts are necessary to bridge the gap between the public’s views and the realities of legal practice. This includes enhancing transparency, engaging in community outreach, and promoting positive representations of lawyers in the media.

Ultimately, aligning public perception with the reality of legal practice is essential for maintaining the integrity of the rule of law in Michigan. A well-informed public that trusts its legal professionals is more likely to engage with the legal system, uphold legal norms, and contribute to a just society. By continuing to address the challenges of perception and reality, Michigan can foster a legal environment that is both effective and respected by the public it serves.


The views expressed in “From the President,” as well as other expressions of opinions published in the Bar Journal from time to time, do not necessarily state or reflect the official position of the State Bar of Michigan, nor does their publication constitute an endorsement of the views expressed. They are the opinions of the authors and are intended not to end discussion but to stimulate thought about significant issues affecting the legal profession, the making of laws, and the adjudication of disputes.