Superheroes or Supervillians?
By Robert J. Spagnoletti

“And a lean, silent figure slowly fades into the gathering darkness, aware at last that in this world, with great power there must also come—great responsibility.” —Amazing Fantasy #15 narrator, introducing Peter Parker as Spider-Man (Marvel Comics 1962).

I am a fan of comic book superheroes. When I was younger, I imagined having the ability to fly, superhuman strength, or the gift of invisibility. Now, I find such stories fascinating because they explore the challenges facing all superheroes—whether to use their extraordinary powers for good or evil. Even the noblest hero is occasionally tempted to use his or her powers for selfish purposes.

Lawyers share some superhero characteristics. By virtue of our education, training, and experience, we wield extraordinary influence throughout the world. We have access to a legal system that can seem mysterious and frightening to the average citizen. We have the power to change lives and fortunes, and just like superheroes, the ability to help or harm.

It certainly is true that our clients can view us as superheroes. Preventing a tenant’s imminent eviction, securing a protection order for a survivor of domestic violence, obtaining child support for a working mother, navigating the complex regulatory scheme for a small business owner, and finding redress for an injured patient are but a few examples of how people are “saved” every day by a knowledgeable, skilled, and diligent lawyer.

I witnessed this firsthand as an assistant United States attorney prosecuting sex offense cases. In one particular case, a 5-year-old boy had been sexually abused by his babysitter’s adult son. At 5, the boy was precocious, articulate, and scared to death about testifying at trial. We worked for months to prepare him as best we could for cross-examination. Unfortunately, because there was not much physical evidence, the trial was going to rest on the shoulders of this little boy. On the morning of trial, when the defendant saw that the boy was ready to testify, he changed his plea to guilty. When I told the boy that his courage had caused the defendant to plead guilty and that he would no longer have to testify, he clearly was relieved and excited. The next day, the boy and his mother unexpectedly showed up at my office. He came in with a piece of paper on which he had drawn a picture of Superman. As he handed it to me, he told me that I was his Superman because I helped make him safe.

Even though the case had not gone to trial and I didn’t have the chance to conduct a brilliant direct examination of the young boy or devastating cross- examination of the defendant, in this child’s eyes, his lawyer had helped him with what he needed most in the world: to feel safe.

Of course, it is equally true that our clients—and the public—sometimes view lawyers as villains. At times, this negative perception exists because we take on unpopular causes and clients. We all hear criticism of lawyers who represent an accused rapist, a landlord with dilapidated properties, or a company that produced an allegedly harmful product. We need to do a better job of educating the public about the rule of law, access to justice, the role of lawyers, and the right to representation. And frankly, lawyers, like superheroes, have a responsibility to sometimes save the bad guys from peril. We should be commended—not criticized—for standing up for unpopular and unsympathetic clients.

Unfortunately, there are also those who cast themselves in the role of villain by taking advantage of their extraordinary position for selfish purposes. These lawyers file frivolous lawsuits, engage in scorched-earth tactics, pad legal bills, or fail to communicate with clients. Even our local headlines carry stories of lawyers who bring lawsuits demanding obscenely large damages that are grossly out of proportion to the alleged harm. This behavior does nothing to slow the torrent of lawyer jokes.

Instead of using our skills and abilities for selfish gain, we should use these tools to benefit our clients, community, and profession. We can zealously represent our clients in a manner that enhances the reputation of lawyers and the legal profession. We can make good choices about how we conduct ourselves and our business so the public will learn to trust lawyers rather than fear us. In short, we can take affirmative steps to make sure we are perceived as superheroes rather than villains.

Some measures are relatively straightforward. By adhering to the D.C. Rules of Professional Conduct and the D.C. Bar Voluntary Standards for Civility in Professional Conduct, we are sure to meet the minimum requirements of good, ethical practice. These rules and standards, however, set the floor for our conduct. We should aspire to reach higher.

There are many other ways we can use our powers to fight evil and promote truth and justice. We can take a pro bono or reduced-fee case, mentor a young lawyer, or volunteer to serve on the board of a nonprofit that needs legal support. We can become involved with the D.C. Bar Sections, voluntary bar associations, and community groups to demonstrate our interests in substantive issues affecting our communities. We can participate in the local political process by attending neighborhood meetings and voicing our opinions about government operations and local legislation. Most importantly, we can think twice before we use the legal system as a weapon for our own personal gain.

Like superheroes, we are responsible for our choices. Those choices will impact how we are perceived by the courts, other lawyers, our clients, and the public. Like Peter Parker (aka Spider-Man), we should exercise the use of our great powers with great responsibility so, in the end, we can be proud to wear the cape. After all, supervillains are simply superheroes who have made bad choices.