In the intricate mosaic of the legal profession, every role is a pivotal thread contributing to the system’s overall integrity and efficacy. The term “nonlawyer,” frequently used within the American Bar Association (ABA) to categorize legal professionals who are not attorneys, subtly undermines the significant contributions of these essential team members. With insights from Colin Levy, a prominent voice advocating for change, I delve into the implications of this term and champion a move toward more inclusive and accurate descriptors that celebrate the diverse roles within the legal community.
Olga V. Mack: How does the term “nonlawyer” within the American Bar Association (ABA) impact the perception and inclusivity of legal professionals?
Colin Levy: While the term nonlawyer seems innocuous enough, its use by some has led to it being perceived by many as being exclusive and derogatory. The term now carries this idea of lawyers being above, more special, or better than others. The term perpetuates a perception of the legal profession as a lawyers-only guild. I am not dismissing or diminishing the importance of distinguishing between what types of personnel can do what types of work under the law. Still, I think we can develop better ways of distinguishing than using a term with such strong emotional baggage.
OM: How does the continued usage of the term “nonlawyer” perpetuate hierarchical structures and undermine inclusivity within the legal community?
CL: First, the term “nonlawyer” defines these vital members of legal teams not by who they are or what they contribute but by what they are not. It reduces their identity by negating the attorney role, implying that being a lawyer is the only role of value and that anything else is lesser than. This devalues the crucial work done by paralegals, legal assistants, law librarians, and others who are essential to the functioning of the legal system. Their skills, knowledge, and efforts deserve to be recognized in their own right, not merely as ancillary to lawyers.
Moreover, the “non” prefix subtly casts these roles as outsiders rather than integral parts of the legal profession. It creates an us-vs-them dynamic, an insider class of attorneys, and an excluded class of everyone else. This othering hinders inclusivity, making those dubbed “nonlawyers” feel like second-class citizens within their own field. It fosters an environment where their voices and perspectives are diminished rather than welcomed as valuable contributions from equally vital team members.
The term also evokes and reinforces rigid hierarchical structures rooted more in elitism and tradition than the modern realities and needs of the profession. Linguistically positioning lawyers as the default and norm buttress notions of lawyers as the dominant authority and decision-makers while others play subservient support roles. This can stifle collaboration, stymie the innovative potential of more equitable and diverse teams, and uphold exclusionary power structures.
OM: How does the term “nonlawyer” fail to accurately reflect the diverse roles and contributions present within the modern legal ecosystem?
CL: The term “nonlawyer” unfairly diminishes and oversimplifies the crucial contributions of legal professionals who, while not holding a law license, bring vital expertise, skills, and perspectives indispensable to the functioning of today’s complex legal system. These dedicated individuals, including paralegals, legal operations specialists, e-discovery experts, and legal tech innovators, play essential roles in enhancing access to justice, improving efficiency, and driving innovation in the legal field. Consider the vast array of professionals who make invaluable and irreplaceable contributions to the legal industry, such as paralegals, legal operations professionals, legal service providers, and legal technologists.
OM: How does using alternative terminology, such as “legal professionals” or “allied professionals,” better reflect the diversity and contributions of individuals within the legal ecosystem?
CL: Using alternative terminology like “legal professionals” or “allied professionals” is a powerful step toward recognizing and celebrating all individuals’ incredible diversity and invaluable contributions within the legal ecosystem. For far too long, the term “lawyer” has dominated the discourse, overshadowing the crucial roles played by various professionals essential to our legal system’s functioning.
When we embrace more inclusive language, we acknowledge that the legal world is not a monolith but a vibrant tapestry woven from countless individuals’ skills, expertise, and dedication. From paralegals and legal assistants to court reporters and legal operations specialists, each of these professionals brings unique perspectives and capabilities to the table, enriching law practice in often underappreciated ways.
It’s important to understand the legal world as a collaborative ecosystem. We need to recognize that pursuing justice and protecting rights is not the sole province of attorneys but rather a shared responsibility that requires the active participation of professionals from diverse backgrounds and disciplines.
In an increasingly complex and interconnected world, our legal challenges demand a multifaceted approach that draws upon the collective wisdom and expertise of all legal professionals.
OM: What role can education and awareness initiatives play in fostering a more inclusive and respectful professional culture within the legal profession?
CL: Here are several key ways in which such initiatives can make a significant impact.
Countering Unconscious Bias. Mandatory training programs can help legal professionals become aware of their unconscious biases and provide strategies for overcoming them. By understanding how biases can influence decision-making, attorneys can work to create a more equitable and inclusive workplace.
Encouraging Allyship: Education can empower legal professionals to become active allies for underrepresented groups. By teaching effective allyship strategies and highlighting the importance of speaking out against injustice, these initiatives can create a culture where all individuals feel supported and valued.
Fostering Open Dialogue: Awareness programs can create safe spaces for open and honest conversations about diversity, inclusion, and equity within the legal profession. By encouraging individuals to share their experiences and perspectives, these initiatives can help build understanding and empathy among colleagues.
Emphasizing Leadership Accountability. Educational initiatives can stress leadership’s crucial role in creating an inclusive and respectful workplace culture. By training law firm leaders to model inclusive behavior and hold others accountable, these programs can help drive systemic change from the top down.
As we navigate the crossroads of tradition and progress, it becomes evident that our choice of words can either open doors or build barriers. The legal profession, entrusted with upholding justice, must also lead by example in fostering inclusivity within its ranks. Discarding the term “nonlawyer” from our professional lexicon is a symbolic gesture and a profound commitment to acknowledging and respecting the varied roles that strengthen our legal system. With guidance from thought leaders like Colin Levy, let us knit a new narrative where each legal professional is recognized not merely as an adjunct to attorneys but as a vital contributor to the fabric of justice. By embracing more inclusive language, we enhance team cohesion and enrich law practice. Moving forward, let’s replace divisiveness with unity, and exclusion with inclusion, ensuring our words and actions consistently reflect the law’s core values of integrity and inclusivity.
Olga V. Mack is a Fellow at CodeX, The Stanford Center for Legal Informatics, and a Generative AI Editor at law.MIT. Olga embraces legal innovation and had dedicated her career to improving and shaping the future of law. She is convinced that the legal profession will emerge even stronger, more resilient, and more inclusive than before by embracing technology. Olga is also an award-winning general counsel, operations professional, startup advisor, public speaker, adjunct professor, and entrepreneur. She authored Get on Board: Earning Your Ticket to a Corporate Board Seat, Fundamentals of Smart Contract Security, and Blockchain Value: Transforming Business Models, Society, and Communities. She is working on three books: Visual IQ for Lawyers (ABA 2024), The Rise of Product Lawyers: An Analytical Framework to Systematically Advise Your Clients Throughout the Product Lifecycle (Globe Law and Business 2024), and Legal Operations in the Age of AI and Data (Globe Law and Business 2024). You can follow Olga on LinkedIn and Twitter @olgavmack.
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