As Utah's attorney population increases by nearly 200 each year, the ethics in the legal profession tend to decrease, says Judge Pamela Greenwood, former president of the Utah State Bar.
"The overabundance of lawyers in Utah affects the quality of the practice because attorneys become more desperate for billable hours. The quality of work and ethical standards suffer," said Greenwood.Currently, there are 5,202 attorneys in the state. The Young Lawyers section is the largest section of the Utah State Bar.
Utah judges debated trends in law and the challenges facing the Utah State Bar and the judiciary in a three-day conference held last week in Park City.
Greenwood, a Court of Appeals judge, believes that the troubles that bar has struggled with the past year have, for the most part, been resolved. But the "overabundance of attorneys" presents an on-going challenge.
"There are many unmet needs among those who can't afford an attorney. What do we do with these people who deserve equal access to justice? It's ironic that there is such a void in legal services to the poor and middle class when there are many attorneys who can't make a living. Somehow, there needs to be a balance."
Restricting the number of attorneys allowed to enter law school isn't the answer. But the "survival of the fittest" philosophy hasn't solved the problem of eroding ethics, she said.
Last year when Greenwood assumed leadership of the bar, attorneys were questioning why dues were being hiked to pay for nearly $2 million debt. The building of the controversial Law and Justice Center in Salt Lake City was responsible for putting the bar $1.4 million in the red. Many attorneys lambasted bar leaders, calling the Law and Justice Center a Taj Mahal built as a monument to satisfy the egos of big-time, corporate attorneys. The building did not serve attorneys practicing outside the Salt Lake area, they complained.
Debts mounted because expected contributions fell through, said Greenwood.
By scrutinizing expenses and slashing the administrative budget, Greenwood, working with a "financial wizard" and new bar leaders, turned the deficit around into a $100,000 surplus. The Law and Justice Center isn't yet profitable, but it isn't a white elephant either. More than 800 conferences were held at the justice center last year.
Utah Chief Justice Gordon R. Hall reported to his colleagues that the progress the Utah judiciary has made during the past few years "hasn't gone unnoticed."
Other states, such as North Dakota and Arizona, are "envious" of Utah's progressive, self-directed judiciary and are trying to pattern their courts after Utah's example, said Hall.
State Court Administrator Bill Vickrey applauded the dedication of Utah's excellent judges that keeps Utah from being plagued by the delay clogging courts in other states. Recent national studies show that Utah ranks in the top 7 percent among states delivering speedy justice.
But in some ways, the judiciary's success is part of its problem. It doesn't operate in a state of crisis, so it sometimes gets ignored, Vickrey said.
Because the judiciary requires only 2 percent of the state's budget, lawmakers sometimes treat the courts like a department instead of a separate, co-equal branch of government, he contends.
The "delicate issue" of judges' salaries remains a paramount challenge. With 15 vacancies opening up next year, the ability to attract the best legal minds is a major challenge.
"The quality of the men and women on the bench determines the quality of justice," he said.