The attorney’s role in a political economy goes beyond chasing ambulances ….

Watching a television commercial featuring an attorney claiming how much money he can win for you in a personal injury suit or seeing a billboard featuring extravagantly dressed attorneys standing in front of a Rolls Royce is enough to give consumers the impression that attorneys are nothing but ambulance chasers. I can see why the consumer would think so.

The perception of an attorney should go beyond what we see on a billboard. To hold a juris doctor means that by definition an attorney is a teacher of the law. Most attorneys teach the law during their meetings with clients, sharing with the client the analysis of the case and possible outcomes based on the application of statutes and case law.

In addition to conjuring up legal theories upon which arguments are made on the client’s behalf, the attorney is looking for some value in the case or controversy that she can transfer to herself for the time and expertise she applies in helping to resolve the matter. The attorney is a value seeker not only for the client but for herself.

I think what has been overlooked from the earliest days of the Roman juris consulti is the attorney’s role in creating the State’s narrative. The judiciary branch of State power transmits a narrative to the populace regarding how people are expected to behave pursuant to rules passed by the legislature and executed and administered by the government. Each case brought to the judiciary for resolution provides the attorney an opportunity to consult the judiciary on what the law governing society should be.

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This is the attorney’s true role, in my opinion. The attorney either advises the judiciary to issue an opinion or ruling that maintains the prevailing philosophy and narrative or persuades the judiciary to take an alternative view of the legal philosophy and issue a ruling that captures the change.

For the attorney, every case that comes before her is a test case for whether the prevailing narrative on how society is ordered should be maintained or whether it is time to tweak the view on how society is ordered.

The attorney’s role goes beyond chasing ambulances.

Alton Drew

4 October 2023

For more of my views on the political economy, buy my book on amazon.com/author/altondrew.

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