Politics, Small Law Firms

Should Lawyers Disclose Their Political Ideologies And Preferences?

There can be some benefits, but lawyers should be careful and show good judgment.

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vote voter voting boothThis presidential election brought out the worst in many of us. Over the last year and a half, most of my friends on social media expressed why we should vote for Donald Trump, Hillary Clinton, or miscellaneous. As Election Day grew closer, some of them were quite passionate (or crazy) about their choice. And they even threatened to defriend anyone who disagreed with them.

Since tolerance is on its way to becoming a 20th-century relic, it made me wonder whether lawyers should be upfront about their political ideology, especially if they are conservative. It is a litmus test for potential Supreme Court justices. So why should it be any different for your average attorney? The main fear is that exposing one’s political ideology, especially during these hostile times, may result in losing business.

Some people think that lawyers with certain ideologies would do better in certain practice areas. For example, liberals, who until recently represented the interests of the average person, would be a better fit in areas like civil rights, criminal defense, immigration, or plaintiffs’ work. On the other hand, conservatives, who favor lower taxes, limited government, and telling the poor to get jobs would be a good fit in corporate, tax, or M&A work. This is because the clients tend to share the same political ideology. Also, since the nature of the work more or less aligns with the lawyer’s beliefs, they will likely enjoy the work and do a better job as a result.

To put it another way, a potential client or employer might not hire a lawyer who subscribes to a different ideology because they think that the lawyer may not fight or work hard for them. This is because they believe the lawyer may face a moral dilemma, and it may reflect on their work product or their court demeanor. For example, a person who believes in strong immigration laws and greater border security will not be passionate about representing a client facing deportation.

I am almost certain that this stereotype is not true. After all, look at Biglaw, which generally represents corporate and high-net-worth clients. One would think that they would prefer conservative lawyers. But according to a study on the political ideologies of American lawyers, all of the Vault 20 law firms lean to the left. Alumni from the top law schools tend to lean liberal as well.

Also, will different political ideologies affect attorney-client relationships? Can a liberal lawyer get along with a conservative client and vice versa? A conservative client may be reluctant to pay a large retainer to an attorney knowing that a portion of the fee may be donated to liberal non-profit organizations that the lawyer supports. Or a discussion about legal strategy may devolve into a one-on-one political flame war. Obviously, the above scenarios can be avoided by not discussing politics with your client.

I think that in general, clients do not care about their lawyers’ political views (just like they don’t care about diversity), so long as the lawyer sticks to business and does not try to impose their views on the client.

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But is there a benefit to working with clients with different political viewpoints? So long as the attorney-client relationship isn’t negatively affected (in other words, the client pays on time), I don’t see the harm in it. It would be a good way to see how the other side thinks. After all, these people may be potential jurors, and even judges. I’d recommend taking the time to learn more about their lives to see how they developed their political views.

In the final analysis, lawyers should be careful when it comes to disclosing their political views in social media. I like to think that most lawyers like to have a diverse group of friends and colleagues and will not let ideological differences affect their business relationships. Right now, I know it looks cool to bash Donald Trump and Republicans on social media, and your provocative posts may get a few likes. But if we learned anything from the election results, people will say one thing but do another in private. When you start insulting peoples’ judgment and people get offended, they will remember this when they think about hiring you or referring clients to you. And they won’t buy it when you say, “Well, I’m trying to wake people up and start a discussion on bigger social problems.”

Shannon Achimalbe was a former solo practitioner for five years before deciding to sell out and get back on the corporate ladder. Shannon can be reached by email at sachimalbe@excite.com and via Twitter: @ShanonAchimalbe.

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