Disability Law

The Polarization of the Legal Profession: A Conversation With A Prominent Atlanta Workers' Compensation Defense Attorney

By Jack E. Clay

I recently spent some time with a friend who ranks among the best up and coming workers' compensation defense attorneys in Georgia. While much of our conversation focused on family and things unrelated to the practice of law, we also discussed the legal profession. In the time I have been an Atlanta area workers' compensation and serious injury attorney, there has been increasing polarization between lawyers who represent injured people and lawyers who represent defendants and insurance companies. It is indeed a sad commentary on our profession.

In past decades, it was more common for injury attorneys to represent injured people, corporate defendants, and insurance companies. The landscape has changed drastically. I recently had a client ask me an interested question before hiring me. He wanted to be sure that I did not do any work for insurance companies. His impression was that a lawyer who represented both sides may not be as diligent.

Getting back to the long conversation with my fried. His observation was that his clients would not like him representing workers' compensation claimants. In fact, we safely speculated that he wold lose business from insurance companies if he decided to represent injured folks instead of exclusively representing corporations and insurance companies. I am certain that the lawyers who still represent both sides (they are few and far between) face challenges about where their loyalties lie or don't lie.

The real problem with increased polarization in the legal profession, in my opinion, is the manner in which attorneys treat each other and approach the practice of law. Increased polarization has yielded more fighting, tension, and squabbles. Often, these "side fights" occur about issues that do not significantly affect the outcome of the case. To lawyers who see this profession as a business instead of a profession, there is plenty of opportunity to use economic oppression and intimidation. While I have never sat as a judge, I can assure you that most judges do not take kindly to lawyer in-fighting over non-issues.

The public's perception of lawyers continues to erode quickly. I urge lawyers that the time to act and make positive changes is in 2009.

Full post as published by Georgia Law Blog on January 19, 2009 (boomark / email).