Pressing issues concerning the professional development of lawyers in today’s world

Recent developments – namely the COVID-19 pandemic of 2020–2021, the war that is still ongoing, and the significant overall shift in the structure of many businesses and national processes – raise many questions regarding the professional and personal development of lawyers.

And this is not just about young lawyers, who, regrettably, have not always had the opportunity in recent years to attend their studies fully or undertake interesting and rewarding work placements. It also applies (and perhaps even more so) to all lawyers. After all, we need to keep pace with the times and help clients adapt to today’s realities and dynamic changes.

After all, the dinosaurs did not go extinct because of their weakness, but precisely because they were unable to adapt. We do not choose the times in which we live, and we are far from being able to influence every process, but we alone choose how to react to the world around us. Therefore, adaptability and the ability to respond to change are now essential traits for any successful lawyer.

Adapting to rapid legislative changes

However you look at it, being a lawyer is, first and foremost, about the law.

Legislation never stands still and is constantly undergoing changes and amendments that reflect shifts in social relations. However, the pandemic and martial law have taken these changes – and their speed and dynamism – to a radically new level.

Moreover, it is important to note that, unlike the gradual evolutionary development of legislation and judicial practice seen in the past, today’s changes are revolutionary, radically altering the rules of the game and often directly affecting each and every one of us.

I consider it appropriate to analyse the specific features of dealing with current legislative changes through the prism of paragraph 3 of Article 11 of the Rules of Professional Conduct for Lawyers, according to which a lawyer must continually improve their professional standards and qualifications, and possess sufficient knowledge of changes to current legislation.

Society has long been moving towards speed and brevity; that is to say, reading long texts – let alone careful analysis – is becoming an increasingly rare occurrence. Generally, people (with the exception of lawyers) read headlines and draw conclusions based solely on these. This is neither good nor bad, but it reflects the nature of how we perceive information, the volume of which has increased manifold during the war.

Taken together, these factors give rise to a problem, namely speculation regarding information provided by people who are not legal experts (such as journalists). Because of this, and also due to speculation and differing interpretations of legislation in open sources (commented on by representatives of the national police, journalists, Members of Parliament, lawyers, etc.), the public often forms a false, incomplete or contradictory impression of exactly which changes are actually coming into force.

In the pursuit of personal publicity and the desire to be the first to comment, many experts conduct hasty analyses, resulting in the public forming a false impression of the content of legislative changes.

The lawyer’s task in this situation is to provide the client with expert legal assistance, to offer a thorough analysis of the legislation, and to address the client’s perceptions of the law that have been formed through exposure to abridged information from open sources and media outlets.

In reality, people who post comments on public platforms and news channels bear no responsibility towards the consumers of this information; indeed, in most cases they may not even be legal experts, but are merely pursuing their own interests.

It is worth highlighting Article 11 of the Rules of Professional Conduct for Lawyers, according to which an attorney is obliged to provide professional legal assistance to a client, and to defend and represent them competently and in good faith, which entails knowledge of the relevant legal provisions, the necessary experience in applying them, thorough consideration of all circumstances relating to the client’s instructions and the possible legal consequences of their execution, and meticulous preparation for carrying out the instructions.

The emphasis is specifically on professionalism, rather than on the speed of analysis when providing legal assistance.

At the same time, the speed of analysing legislation must not be neglected, as changes are so dynamic and significant that any delay in providing legal advice to a client may have extremely negative consequences for the client.

Consequently, today’s lawyer should strike a healthy balance between the speed of analysing legislative changes and the completeness and accuracy of the information provided to the client. This is further complicated by the fact that, when legislation changes, legal practice also changes; however, at the time of analysing legislative changes, such practice usually does not exist at all.

Characteristics and changes in clients’ outlook

Military action and other current developments are changing more than just the law. They are changing people. And this must not be overlooked under any circumstances. A lawyer must always be something of a psychologist, possessing empathy and well-developed emotional intelligence; however, in the current climate, these skills have become far more valuable.

Given the social significance and complexity of a lawyer’s professional duties, as well as the stress and trauma which, unfortunately, a vast proportion of the population has experienced, people view lawyers as saviours, seeking positive news and swift solutions.

In this regard, the lawyer’s psychological role is to remain impartial and provide legal services that comply with current legislation, rather than with the client’s inflated expectations.

At the same time, given the social significance of legal work, the great importance of legal services to the client, and the saturation of the information landscape with commentaries, news snippets and other forms of legislative analysis, it is important to pay particular attention to ensuring that the client clearly understands the nature of the legal services received, as it is currently very common for information to be subjectively distorted, either in the direction of positive or negative client expectations.

What young lawyers and students should do

The issue of the development of young professionals has always been important, complex and multifaceted, and has undergone some changes recently.

All advice regarding finding work placements, internships, choosing a future field of practice early on, and attending supplementary masterclasses, forums and the like remains relevant and has become even more important due to the inability to attend lectures in person or to interact face-to-face with one another and with lecturers.

However, it is worth emphasising that the number of legislative changes, as well as the general evolution of processes (the shift to an online working format, remote meetings, etc.), gives young professionals a certain advantage. Learning from scratch is always easier than retraining. Previous experience can become a burden for lawyers who are unable to adapt quickly, and this presents an opportunity for young professionals. It is a talent to see opportunities where most people see risks, and anyone who can do this has a strong competitive advantage.

So, to sum up, I would like to say that, come what may, it is worth seeking out opportunities for development. These opportunities do indeed exist. It is important to network with colleagues—preferably in person—to attend conferences and forums, and to exchange ideas. Whilst keeping in mind the rules of legal ethics, it is essential to develop empathy and emotional intelligence in order to communicate effectively and tactfully with clients.

Read the article on the ‘Yurydychna Gazeta’ website: here