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Peter Gerdes's avatar

The underlying problem here is that linguistic changes can't change underlying facts. When we have some kind of linguistic usage that tracks some abandoned distinction (or one reduced in importance) it can make sense to change it. But unless you first reduce the importance of that underlying distinction linguistic change is at best silly and at worst condescending and insulting.

The reason physicians are using these other terms is that it's no longer just physicians doing medical care. Nurse practitioners make diagnoses, prescribe medication recommend specialist visits etc etc. So it makes sense to use a broader term to incorporate everyone who does doctor like things. Note that they are still making a distinction between those who can practice medicine and those who can't -- if the president of your hospital is an MBA or PhD they still aren't a clinical provider or whatever even though they have way more status than a nurse.

If the legal profession wants to include non-lawyers than it needs to do the same thing doctors have done and start letting the non-lawyers either provide legal services, own the firm or the like. I'm not saying they should -- there are important considerations both ways -- but when you have a hard rule that intensively curtails what kind of responsibility they can have, what jobs they can do what kind of ownership interest they can have etc etc without becoming a lawyer than that necessarily remains an incredibly important and salient distinction that no verbal shift can erase.

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Jacobethan's avatar

I'm struck by the extent to which the discussion -- at least as summarized here -- seems to center entirely on the legal profession's internal culture and workplace relations. I would've thought that the person whose interests are most at stake here is the *client* or prospective client.

A whole panoply of special rights and duties is activated when the person a client is interacting with is a "lawyer." Attorney-client privilege, for instance, covers communications "to or to assist" a lawyer or someone the client "reasonably believes to be a lawyer." (That doesn't exclude talking to a lawyer's agent "to assist" the representation, but it does require there to be a lawyer and not some other kind of professional at the other end of the line.) A strong linguistic norm of distinguishing between "lawyers" and "nonlawyers" might be seen as a rule to aid prospective clients in forming that reasonable belief.

Put another way, lawyer/nonlawyer refers not to a real difference in nature but to a real difference in law. And that body of law is meant to operate in favor not of lawyers or other legal workers but of members of the public who depend on them.

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