Terrell Williams of Middletown is an attorney.
Certain pillars of American democracy are crumbling under the weight of accountability. The press and the legal profession are two institutional safeguards historically tasked with protecting democratic values and principles. They are failing as we speak!
As a college and law school professor, I tell my students that the American legal system is our new frontier. Despite the current landscape being antiquated and convoluted with old, redundant laws and piecemeal legislation, we find that our society’s rapid evolution is outpacing our legal system. Many of our laws are decades behind, ill-equipped to address the modern generation’s realities and challenges nor to reflect contemporary norms.
At the same time, too many within the legal profession have grown apathetic, prioritizing wealth and status over the foundational principles of justice and public service. Without bold, principled attorneys willing to challenge power and push the boundaries of the law forward, our democratic experiment will undoubtedly fail. The role of the lawyer has never been more important than it is today. Lawyers are not merely tasked with navigating the legal system but to improve it. Attorneys are supposed to be rebels, risktakers and change agents, cloaked in the clothing of ordinary citizens and ready at a whim to tackle injustice. But, far too often, I am finding and hearing that too many lawyers are complacent and meek in their evaluation and application of the law. This temperance, whether real or imagined, is eroding the public trust in an institution that has historically been viewed as a guardian of democracy.
I hear the innuendos that the legal profession is dying and that the cost of legal education outweighs its value, plus that the profession is prejudiced and caters to White men. But I am going to challenge that notion. The legal profession is diversifying rapidly, especially as the baby boomer generation reaches retirement age. Now, more than ever, the law needs diverse, sharp, committed minds, willing to confront its shortcomings and reshape our laws for present and future generations. Rather than turning away at the first sign of adversity, I encourage the next generation of lawyers to step forward to see the law not as static but as a living body, desperately in need of cultivation and curation.
A large number of lawyers are ignoring existential threats to democracy, such as White nationalism, educational access and technological innovation. Even worse, many lawyers are turning blind eyes to governmental encroachments on fundamental rights. The collective silence from the legal profession is overwhelming and deafening, but it’s important to know and understand that individual freedom is the main ingredient in America’s democratic experiment.
Benjamin Franklin is often quoted as saying that those who would sacrifice fundamental freedoms in the name of greater security deserve neither freedom nor security. America is at a crossroad, as she weighs whether governmental surveillance either contradicts or is compatible with our constitutional rights. This is one of the many issues ripe for discussion for 21st-century attorneys — how the role of government and citizenship evolves moving forward. The only problem is, where is the next generation of attorneys willing to tackle these challenges?
Reader reactions, pro or con, are welcomed at civiltalk@iniusa.org.
