Earning back our reputation through ethics

When people think of lawyers they often see us as a whole.

Together, we are the legal profession. Judges, lawyers, paralegals, clerks, all of us. It’s been said that the reputation of our profession is at an all time low, maybe even on fire. I say that. Let’s think together for a minute or two. Could this be true? What happened? Where and when did we fall off the path? What can we do to get back on?

Let’s start by not just reading but understanding the State Bar’s recent letter and disclosures about the Tom Girardi scandal. What was shared with us sheds light on what was going on for a very long time. Girardi was a lawyer many saw as a great leader of our profession, somebody to look up to. He was beyond influential and had relationships with Judges, Justices, Insiders at the State Bar, and countless Politicians. I first met him when I was in law school in 1998 – more than 24 years ago. Our professors told us he was the most powerful lawyer in the State. Looking at what the bar disclosed, a good question might be “how many lawyers are not surprised?” Therein lies the problem. Many of us were told that Girardi is a lawyer you never want to be on the wrong side of, that he was powerful and connected. He didn’t hide it, he flaunted it. If you ever spent time with him at the Jonathan Club, you would know and understand this truth. We as a profession knew Girardi was bad. Lawyers knew, Judges knew, our leadership knew. We knew he was bad and that he was hurting people. Yet, we didn’t do anything about it until it was too late, until we allowed this man to harm so many, over decades.

The California State Medical Board finally has another group it can credibly point at, us. Adding the billboards, marketing and commercials we see everywhere, to what our public has seen and read about the Girardi scandal, yes we are at an all time low. Our State Bar appears to be doing the right thing and learning from its mistakes. We should do the same. Girardi and others who are tied up in that scandal could be the tip of the iceberg. If Girardi could get away with all that he did, who else is there? What other lawyers are there who have caused harm? Some lawyers know the answer. Time will tell what they do with it.

But, before we look at others, shouldn’t we start by looking at ourselves? Actually, that is where we must begin. Looking at ourselves is the toughest thing to do and it’s the most important.

Earning back, bettering the reputation of our profession, is doable. We simply need to personally do what we were taught, what we swore and took oaths to do, and take hard looks at ourselves.

Ethics is doing what’s right when others are not looking and even when it’s not a popular thing to do. Doing what’s right because it’s the right thing to do, regardless of the consequences.

Moving forward, let’s look at ourselves, and then if other lawyers out there have done wrong and harmed others, let’s speak up and take action. Our ethics require it, and therein will be the solution to the problem we have with our reputation.