The Questions and Answers
Question No. 1: How can lawyers leverage their expertise to improve civic knowledge and engagement?
There are a host of ways lawyers can use their training to improve civic education and knowledge in their communities. First, they can volunteer to give a talk on the Rule of Law, democracy, the Constitution, and our form of government. Talks to Rotary and Kiwanis Clubs, school groups, faith groups and community gatherings can all make a difference. Second, lawyers can be vocal advocates for improving civics education in their community’s K-12 schools. There is a lot that can happen on this front as only 17 states currently require that students in their state pass the U.S. citizenship test to graduate from high school. There is no reason why we should accept a situation where a birthright citizen can have less knowledge on our democracy and justice system than a naturalized citizen. If your state is one of the 33 states without this citizenship test requirement, you should be working to change that. Third, when you hear misinformation in your community about the Rule of Law, the Constitution or even our elections, you need to step up. As lawyers, we all take an oath to do precisely that – to support and defend the Constitution and the Rule of Law. As lawyers, we need to take those oaths seriously and act accordingly.
Facilitators’ Notes
- The speaker should check to see if their state is indeed one of the states without the citizenship exam requirement for high school graduation. If not, they should lead a discussion about how such a requirement could be put into the state’s graduation requirements.
- The speaker might also mention that if state law isn’t easily changed, the audience can work to impact the civics curriculum in their local community, through their local school board.
Question No. 2: How does strengthening civic knowledge improve our democracy and national security?
It pays to begin the answer to this question with some datapoints:
As these statistics clearly indicate, we’re living in a time where the lack of basic civics knowledge, let alone how a democratic form of government differs from an autocracy, has weakened our democracy, threatened the Rule of Law, and put the possibility of politically motivated violence on our radar screens. As John Adams noted in 1780 when writing the Massachusetts Constitution “wisdom and knowledge… diffused generally among the body of the people [are] necessary for the preservation of their rights and liberties…” Absent that knowledge, we are a weaker, more divided and distracted democracy at risk of challenges not only from within, but also from outside our borders. One need only look at the disinformation being disseminated by a host of national adversaries to realize that they see our current challenges as being to their advantage and as something to be exploited. It is not only disinformation, however, that these forces are spreading. Rather, it also involves intentionally driving division, discord and even hatred into our communities.
As to what lawyers can do, it comes back to doing all that they can to improve basic civics education in their communities as well as respect for the Rule of Law and our democracy. There is, however, another step every lawyer can take related to division -- and that is using their role as a lawyer to improve public dialogue in their communities, especially when it comes to disagreement over policy issues. When Americans see other Americans who simply hold different views as the “enemy,” we play into the hands of our national adversaries. As lawyers, we know how to “disagree better” – this is how we are taught to conduct ourselves in adversarial settings, whether it be in the courtroom or in a negotiation. Lawyers are natural leaders in this regard, and each has a role to play in reinforcing that message to the public.
Question No. 3: How can lawyers work with their clients and inside their law firms to promote civic literacy?
There are a host of creative ideas for how lawyers can work with their clients, and inside their firms, to improve civic literacy. First, start in your own law firm by setting up a lunch gathering of your lawyers and support staff where you or a colleague give a civics lesson, a lesson on election laws, on democracy, the Rule of Law, and the list goes on. If you can put this together for your own employees, then you can easily offer the same program as a public service to your clients with employees. Several legal departments have taken this type of initiative as to their own employees, starting with Nationwide Insurance. This Guide is just one that the ABA Task Force for American Democracy has created that can assist you in giving such talks.
Facilitators’ Notes
- The key idea is that lawyers can use their pre-existing trusted relationships with businesses and other organizations in their communities to educate the public.
- Emphasize that these existing relationships make it easy for lawyers and their firms to give presentations – these aren’t cold calls and, in many ways, are a client service.
- Explore other ideas attendees might have for educating the public, even potentially through collaboration between different law firms.
Question No. 4: How can lawyers use their role as advocates for the justice system and the Rule of Law to improve respect for the same in their communities?
In one word, volunteer. Volunteer in your community to give civics lessons, a talk on our justice system, or a presentation on the Rule of Law. You can also work to improve the justice system in your community. Deficiencies in our justice system — perceived or real — often impact the public’s opinion of our legal system. There are a host of creative ways to make changes that can have an impact. For example, allowing for court hearings that typically involve many pro se defendants to take place at times other than 9am – 5pm can make a big difference. One way to start the process is to hold a community discussion to understand what members of your community don’t understand about the law and our justice system and what complaints they have about how the system operates in your community. Even if making the changes some would like to see is not possible, taking the time to hear the public’s concerns is a great first step.
Facilitators’ Notes
- There are a variety of sources on the Web with ideas for improving the justice system. Use some of these ideas to jumpstart a community discussion.
Question No. 5: In an age of misinformation, what can lawyers do to ensure the public has accurate and reliable information on the law and civic processes?
Three things. First, don’t be a disseminator of misinformation. If you don’t know if something is accurate, don’t repeat it until you have confirmed whether it is true. Second, if you hear misinformation, dispel it. If it is in a conversation, speak up. If it is a family or friends email exchange or on social media, correct the misinformation. If it is in your broader community, write an op-ed or get on a podcast or other messaging platform to correct the record. Third, if there is a dearth of information on a given topic of concern for your community, don’t let that vacuum continue. Step in with accurate information.
Question No. 6: How do the ethical obligations of lawyers intersect with their civic responsibilities?
“Intersect” is probably not the right word. Rather, a lawyer’s ethical obligations and their civic duties can be seen as one and the same. When we were admitted to the bar, we each took an oath to defend the Rule of Law and the Constitution. Defending the Constitution and the Rule of Law necessarily involves being active in educating our fellow citizens on the same. Just as doctors are seen as having a duty to do more than just treat the patients who show up in their waiting rooms – for example, by providing health information for their communities – lawyers have a similar obligation do more than just consult with and represent their clients. They also need educate the public on the foundations of our justice system.
Question No. 7: In what ways might the erosion of the public’s trust in judicial independence impact civic engagement, and what can lawyers do to address these challenges?
It can be said the foundation of our justice system rests on the public’s trust in that system, including in the independence of the judges serving in the system. If that trust is challenged or disappears, our justice system is at great risk. When judges are seen as political beings, rather than independent judges, that perception can quickly destroy the public’s confidence in the system. And in many ways, all of us do things that erode that trust. For example, any time we refer to an appointed judge as being a Democratic or Republican judge (or appointed by an R or a D), we imply that they are somehow beholden to a political party rather than to the Rule of Law and the basic principles of justice. If citizens think the legal system is simply an extension of the political system, it not only impacts their trust in the system, but it also impacts their willingness to engage in civics and even in our basic democracy.
A second thing we as lawyers can do to improve trust in our justice system and in those who administer it, is to make clear to our fellow Americans what they can do if they disagree with a judge’s decision. For example, rather than attack the judge or threaten violence if they disagree with a court opinion, they have the right to file an appeal to a higher court for review by a different impartial decisionmaker. Or if that fails, they can organize a community meeting, write to their newspaper or post on social media to build momentum to convince the appropriate legislative body to change the law. And in those states that allow citizens’ initiatives, they have the option of starting that process as well. If the elected officials aren’t responsive to the need for change, motivated voters can also exercise their right to vote and change their representative.
Question No. 8: What is the interplay between lawyers' efforts in improving civics education and the preservation of the Rule of Law and our system of justice?
In many ways, it all starts with lawyers. You can view our justice system as a garden with lawyers as the gardeners. If we collectively put in the time to water the garden by improving public knowledge on civics, the Rule of Law, and our democracy, then the “garden” – or our justice system – can grow and thrive. Similarly, if weeds – or misinformation – take root, especially about the Rule of Law, our democracy, the justice system or even our elections, they can quickly take over and threaten the health if not the viability of the garden. Again, it is lawyers who are best suited to address and correct misinformation and keep the garden healthy and free of weeds. And finally, if the selection of plants in the garden – or the way our justice system is made available to our community – isn’t serving the public’s needs, we as lawyers are best suited to address potential changes needed to make the garden – or the justice system – to better meets the needs of the public. Remember, just like a garden, it takes committed ongoing work to maintain a democracy.