No one any time soon will likely write a book about Pennsylvania lawyering and subtitle it “A Passion for Excellence”. West of Philly, especially, lawyers have a problem separating politics and cronyism from quality lawyering and client representation. For example, it’s a state, like many other states, that has long thought it’s sane and reasonable to popularly elect judges and not expect affirmative “stepping up” disclosures of who gets money from whom in the last judicial race. In our view, clients generally are not too important there. Maybe avoid the state’s courts on civil and commercial matters–or try to stay in its federal district courts, which can be excellent.
While it’s not the root of every evil, states that elect judges create legal cultures in which lawyers and judges–not clients–are the main act. These jurisdictions have been numbed by the “justice is for sale, folks” system for so long they have trouble distinguishing right from wrong. It makes lawyers and even judges do the same venal or often plain tacky things everyone else does because, after all, everyone else does “it”. No other standards are known or present to mind. No new frame of reference is ever openly suggested. It goes way beyond just shelling out money to a judge you appear before without the judge or you ever telling your adversary that it happened. It permeates everything you do. And it starts very quickly to become comfortable. Lawyering is all about you–and rarely if ever about clients.
And that, folks, to be fair, can happen to anyone. To any state. To any town. To any jurisdiction. But you can always get off your knees and change. What occurred after Friday night’s Sandusky verdict on national television–go to videos of the aftermath; whether you’re a lawyer or not you will get what we mean–made lawyers everywhere look bad and tarnished the “triumph” of the verdict. Defense lawyers are not rock stars–they are servants of clients–and they should never appear to disclose strategy and confidences and secrets of clients. Chief legal officers of major states should not grandstand as if they were accepting a Nobel Prize or an MTV award. Embarrassing stuff to watch.
Pennsylvania can do better than that. Lawyers can do better than that.
With our apologies to the great Buddy Ebsen.