Introduction
It is that time in American life again, when seemingly countless smiling, glad-handing people, most of whom we’ve never heard of, take center stage as the presidential campaign season opens. Many Americans notice that, out of all of the politicians throwing their respective hats into the presidential ring, a significant number either are or were attorneys. You may have also noticed that many great political figures were also prominent lawyers: Thomas Jefferson, James Madison, Abraham Lincoln, etc. Even among the present pool of presidential candidates, a number of them – including Joe Biden, Kamala Harris, and Julian Castro – are members of the bar. Why does this connection exist? There are likely many reasons, but we point out a few of the most prominent below.
Reason 1: Knowledge of the Law and Legal System
Our nation is built on laws, expressed through the written word. From the Declaration of Independence to the Constitution to the statutes and judicial decisions which make up our national and local laws, America is steeped in written rules and regulations which form the very basis of our society and culture. Lawyers, by necessity, are very familiar with these “nuts and bolts” of the nation’s infrastructure. They work with – and at times even draft – these laws every day. As a result of so much knowledge about what makes the country tick, many attorneys are well-suited to take leadership positions within government at the local or national level.
Reason 2: Learning to Work with People
Lawyers work with people. A LOT. Depending on the practice area, an attorney’s interactions with people throughout the day – which might come in the form of consultations, meetings, negotiations, networking events, community activities, etc. – could take up anywhere from 50% – 80% of his or her time. Also, while it is more common now for attorneys to specialize by practice area and therefore work with narrower groups of people, lawyers in earlier times dealt with many types of people from many different backgrounds. The same still holds true for many present-day attorneys who work in general practice and/or in smaller-sized firms.
This daily association with people leads, for many attorneys, to the development of excellent people skills. Lawyers learn to read people well, communicate effectively with them, hear their problems (while reading between the lines), empathize with their struggles, and offer effective solutions. This is, of course, a set of traits that would serve any politician very well.
Reason 3: Negotiations and Compromises
Attorneys live in a world of negotiations and compromise. Although our society is a litigious one and countless lawsuits are filed every day, the fact is that only a small percentage of the cases filed will ever make it to trial. The cost, energy, and risk involved in going to trial has become so large that the vast majority of cases end up settling long before they get to court. Often in a litigation setting, coming up with a strong settlement is better for the client than taking the matter all the way to trial. What this means for many attorneys is that they must become adept at negotiating, bargaining, and compromising with opposing parties who have adverse interests, and usually in circumstances which are time-constrained. A good lawyer needs to know when to apply pressure, when to back off, when to be aggressive, and when to be conciliatory. This skill set is very similar to that which is required in a political setting, and attorneys who master such skills at the practice level are well prepared to “play the game” at the higher level of state or national politics.
Reason 4: Adversarial Process
The American legal system is, for better or for worse, an adversarial system. That is, our system intentionally pits two sides against each other for the purpose of assisting a neutral third party (e.g. a judge, jury, arbitrator, etc.) in coming to the truth in a matter. Attorneys, therefore, are required to not only craft and present a narrative that casts their position in the best light, but also to poke holes in the opposing side’s position in an effort to undermine their opponent’s credibility and, therefore, the strength of their case.
All of this should sound familiar to you as the playbook for another arena – politics. Candidates from both parties – Republicans and Democrats – forcefully present their opinions and ideologies to the public, while simultaneously working to diminish or weaken the political positions of their opponents. All of this is done in an effort to convince a neutral third party – in this case, the body of American voters – to side with them. As you can see, an attorney who has spent 15 or 30 years working within an adversarial system as a career would be right at home in the rough-and-tumble world of politics.
Conclusion
Many voters may see the large presence of attorneys in the political field as a bad thing – almost as a bad lawyer joke come to life. And no doubt about it, having so many contentious practitioners working in the world of government can certainly lead to problems. However, attorneys bring a specific and valuable skill set to the political arena, one particularly well-suited to our democratic system. While adversarial politics, the undermining of opponents, and unpopular compromises do rub many Americans the wrong way, the fact is that these are core elements of our extremely successful political system, and they are skills which attorneys, perhaps more than any other professionals, learn to master best.
NOTE
All legal references are made with respect to Indiana law. Please check the laws of your local jurisdiction if you live in another state.
The articles in this blog are for informational purposes only. No attorney-client relationship is established through the publication of these articles.
