THE IMPORTANCE OF INTEGRITY IN THE LEGAL PROFESSION
“If you have integrity, nothing else matters. If you don't have integrity, nothing else matters.”
Have you ever heard all the lawyer jokes made? Mocking the legal profession for a lack of honesty? We are often perceived as lacking in integrity. Why is that? Is that justifiable? And what can be done about it?
In this newsletter, I will discuss what integrity is; its hallmarks, the perception of the legal profession for integrity, what are the gifts of integrity, and how to be more successful in practicing integrity as an attorney.
What is integrity?
Integrity is frequently defined as “the quality of being honest and having strong moral principles.”
It is the act of behaving honorably, even when no one is watching. Those who act with integrity abide by ethical principles in all aspects of both their professional and personal life. Professionally, integrity encompasses our decision making, actions, and communications with clients, lawyers and the court.
What are the hallmarks of integrity?
These are some of the primary characteristics of integrity:
Honesty. We strive to be truthful, within our code of professional conduct. When we make mistakes, we admit them, make amends and learn from them. We are authentic in our communications with others. Our word can be trusted.
Discretion. We maintain confidences and respect the trust others place in us.
Respect. We treat all we encounter with respect and courtesy. We are careful with our language, are considerate of others, and respect the feelings of others.
Good judgment. We reflect before responding. We are careful in choosing the appropriate response in the given situation. We make professional decisions in a manner that encourages others to respect and trust us.
Loyalty. We are zealous in our loyalty to our firm and our clients. We respect the guidelines of our firm, speak highly of it, and support its goals. We zealously strive to accomplish our clients’ goals.
Dependability. We can be relied on. We keep our promises. We are on time and diligent about meeting our deadlines. We do what is assigned to us, timely and conscientiously.
What is the reputation of the legal profession for integrity/
Honestly, it is hard to say definitively. Lawyers have always had a mixed reputation. Sometimes they are portrayed as crusaders for justice. Other times, we are seen as being willing to lie, cheat, and steal for our own ends. . Every personal injury attorney will be called an ambulance chaser at least once. Criminal defense attorneys will hear themselves called some variation of crooked. How many times have people said “are you a lawyer or a liar?” Still, when people are getting divorced, are injured in an accident or find themselves facing criminal charges, they trust their lawyer to guide them and behave ethically.
Different polls have shown different results. Some polls have found the legal profession to be about in the middle, higher than some fields (politicians and car salesmen) and lower than others (nurses, doctors, teachers). Generally we rank very low for being considered “very ethical.” In 2020 only 22% of the respondents in a Gallup poll found lawyers to be ethical.
Why is that? I have in my long career encountered some very troubling unethical attorneys, including one who willfully fabricated evidence supporting her client, and lied to the court about it. She was disbarred. Of course there are those bad apples who are not indicative of the profession as a whole.
But we all agree that we can, and should, strive to improve the reputation of our profession.
What are the gifts of integrity?
When we practice integrity in all areas of our professional life, these are just some of the gifts we will enjoy:
Greater fulfillment. The more we practice with integrity, the more you will feel fulfilled in your practice. We do not second-guess ourselves, or question whether our actions were appropriate. We are totally dedicated to our clients and their needs, and accomplishing their goals.
Success. As we become known as an attorney with integrity and a reputation for honor and diligence grows, we will become more successful. Clients will be happy to refer others to us, and our reputation will fortify our practice.
Personal freedom. Knowing that we are living the hallmarks of integrity, being dependable, honest, and diligent, we will enjoy greater personal freedom. We will be happy with who we are, how we are practicing law, and how we are living our life.
Improved reputation. A reputation for trust and sell service will improve when we dedicate ourselves to practicing integrity as a lawyer.
Lift the legal profession. When each 1 of us makes practicing with integrity our goals, the reputation of the legal profession as a whole can only improve.
How can we focus on practicing law with greater integrity?
Most of us already act with complete integrity, or at least that has been my experience. But here are some tangible tasks we can focus on:
Be mindful. Whenever your gut or intuition raises a red flag, or we feel uncomfortable about something we are doing or thinking or saying, be mindful of that feeling. Are we skirting the line? Are we being disloyal to someone? Always be conscious of what is exactly going on and if we are acting consistent with our own personal standards.
Check our motives. We may be able to always justify our actions, as we are lawyers who are known to be persuasive. But what are our motives? Are they consistent with our own personal standards?
Maintain confidences.. I cannot tell you how many times an attorney has told me something his clients said or the position of his client, and then said “if my client ever hears I told you that, I will disavow it.” Our client’s confidences should be sacred and should always be maintained. Too many lawyers in settlement conversations or otherwise are willing to share information that is confidential.
Be accountable. Take responsibility, for all your actions, good and bad. If you make a mistake, own up to it; don’t make up a story to justify it. Where we have done something that was incorrect, fix-it. Make an amend where appropriate.
Keep your word. If you give your word to your client or to another attorney, maintain it. All too often an attorney has come to an agreement with me, and then backed out and denied that it was said.
Be reliable. Be on time. Complete projects on schedule. Maintain appointments. Return calls and emails. How many times have you heard someone say “my attorney will never call me back?” Or, how frequently do you contact another attorney and do not get a timely response?
Communicate with respect and courtesy. Be professional and considerate. Avoid name-calling, attacking others aggressively, and fighting. I have seen lawyers yelling at each other in depositions and calling each other names, which is very unseemly.
Be a good listener. I have experienced, all too often, in communications with other lawyers, that as soon as I start to speak, they interrupt and talk over me. When we practice effective listening techniques with both our clients and other lawyers, our reputation for integrity grows.
Seek collaboration rather than conflict. We may be lawyers representing different clients, but both sides have a problem to solve. Collaborate with the other attorney to seek a solution that works for both sides, rather than engaging in unnecessary conflict which does not serve the needs of either client.
Be a problem solver. All too often we are seen as creating misleading arguments and starting fights. Instead, let’s focus on solving our clients' problems, as efficiently, quickly and effectively as we can.
Be authentic. Be true to yourself and your values. Don’t compromise them to serve either your firm or your client.
Be truthful. With the court, your client, and opposing counsel, always be as truthful as possible, while maintaining any confidential information.
What are other steps we can focus on to improve the perceived integrity of our profession?