The words that we use to describe what we do

A few entries ago I made fun of those who insist on being called "attorneys" rather than "lawyers" because it sounds more prestigious.

A college friend of mine wrote (separate from the blog, because my comments were broken at the time) and said that she prefers the term "attorney" because she sometimes gets the impression that the public associates "lawyers" with 'ambulance chasing,' frivolous claims, poor client care, and other such law-practice malaises, but associates "attorneys" with more respectable accomplishments.

I don't know if that perception is accurate; if it is, maybe it's only because people who criticize lawyers may prefer to use the less formal and more easily pronounced term. (Try it! "Lawyer" is easier to say than "attorney.") "Attorney" is a more formal term, and appears on my letterhead and business cards.

Either way, I'd guess that "correcting" someone for using the "wrong term" doesn't present a good image.

My favorite word associated with the work that we do is the word "counselor." My certificate from the Colorado Supreme Court declares that I am an "Attorney and Counselor at Law," and I'm glad it uses that full phrase. It reflects an important part of the attorney-client relationship that is hard to perform well, crucial to the client's experience and value received, and too easily ignored by lawyers who too quickly assume that they understand what the client wants or needs.

I want to develop the client counseling aspects of my work just as much as all of the other aspects. To help clients achieve goals, avoid risks, resolve their differences with others, and understand litigation when parties can't resolve their differences, one must make sure the client understands the legal aspects of the transaction or dispute. It is not enough simply to be a good technician, draftsman, or advocate. Some clients are sophisticated enough that they do not stand to benefit from additional counseling — whatever issue is at hand, they've done it before. Few law practices serve only those highly-sophisticated clients.

The very first attorney I chatted with about the possibility of law school emphasized client counseling in his discussion of law practice. That conversation still resonates with me.