ILNews

Chinn: (A Small) Part of the Solution

Back to TopCommentsE-mailPrintBookmark and Share

iba-chinn-scottThe American Bar Association’s theme for Law Day to be observed on May 1 is “No Courts, No Justice, No Freedom”. The theme is meant to headline the growing problem of diminished funding for court systems across the country, which in some places has led to crisis conditions more indicative of third world legal systems than of the American ideal of justice. In the weeks to come, you’ll hear more from me and other bar leaders about that issue and its manifestations in Indiana.

But as we lead up to May 1, there is another aspect of our modern system that I thought worthy of addressing. Specifically, I have heard concerns from lawyers and judges recently about how our 24/7 media and information culture is producing false expectations and misunderstandings about the nature of the litigation process. Think about recent Indiana cases involving mass torts, political offices, and the remarks of prosecutors in criminal matters. Each context has presented challenges to public understanding about how our system works, i.e., what are its basic fairness guarantees to the parties, how motion practice and discovery work, and how long is “normal” to wait for an appropriate resolution of the case.

To some extent, we will never be able to completely disabuse the public about the pitfalls of jumping to conclusions when a case is filed, when a defendant is charged or when a public statement about a case only captures one side of the story or a piece of the process. But the question on my mind – and on the minds of those who have raised this issue with me – is what lawyers should be doing (and not doing) to aid the public understanding and to cause light to be shed from public comments instead of heat.

First, when called upon to speak about cases publicly, we should take pains to provide reasoned and tempered statements of our clients’ positions in the matter, be willing to accurately describe the process of decision, and avoid dramatic flair that can so easily overwhelm public understanding about the process. Second, we should take opportunities when appropriate, not necessarily in connection with our own representations, to offer our understanding to non-lawyers about the fundamentals of how the process works. Finally, we should personalize the lesson we give when we are asked informally about the litigation process. What would it be like if you were charged with a crime, would you want the prosecutor making you sound evil on television? What if your small business was sued for allegedly injuring someone and your livelihood was on the line, wouldn’t you want your day in court?

I don’t find particular fault with the popular media. I believe most journalists still impose on themselves an obligation to report accurately and as much in context as reasonably possible. Much will necessarily be lost in translation and in the brevity demanded in contemporary news stories. We should try to help journalists understand as much as possible about the process and not feed them with salacious sound bites.

By calling on lawyers to act with good purpose and restraint in public comments on cases, I also don’t mean to present a one-dimensional view of legal discourse in these matters or for wooden cadence that would please only lovers of Joe Friday. (Note to readers: using Dragnet references is a sure way to create a generation gap.) As a current example occurring outside our borders, take the case of the shooting death of 17-year-old Trayvon Martin in Sanford, Florida. The circumstances of the case present both understandable civil rights inquiries and questions about the impact of Florida’s so-called “Stand-Your-Ground” law. Lawyers are involved in speaking publicly about these issues, including as advocates for investigation and reform. I find reasonable expressions of that advocacy completely appropriate, even though we don’t yet know all the facts of the shooting or of the actions of the Sanford police in responding to it. So, there’s an art to this.

We are all tempted (the author included) to short-circuit the process in talking about who we think is guilty, who we think is at fault, and who should get a comeuppance. The world of instant media – both traditional and social – gives easy means to fall to that temptation. If lawyers continue to act as the voices of reason, however, that will be a small part of the solution to the problem of ensuring the American ideal of justice.•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT