Within the legal industry, several terms carry inherent connotations that have the power to create a dichotomy among the community. One such term is “nonlawyer”. While seemingly innocuous, the term fosters a culture of exclusion, causing a divide between those who are legally qualified to practice law and those who are not, despite the latter’s indispensable role in the delivery of legal services. Stepan Khzrtian, co-founder and CEO of Corpora.us, delves into this issue, highlighting the need for language reform in the professional legal paradigm.
According to Khzrtian, the term ‘nonlawyer’ deprives all those who are not lawyers of much-deserved recognition of their contributions to the sector. Such labelling can lead to self-doubt, limiting one’s sense of accomplishment and sense of purpose within the legal profession. He suggests replacing the term ‘nonlawyer’ with a term that properly acknowledges the specific role each legal profession member plays. Such a shift in terminology would empower these professionals with a heightened sense of self-worth and responsibility, resulting in a more robust, motivated legal environment that ultimately improves access to justice.
As Khzrtian argues, the existing language and terms like ‘nonlawyer’ create a binary concept that polarizes individuals in the profession, failing to acknowledge the gradients of skillsets and roles within the industry. A proposed solution is to adopt ‘legal professional’ as a more inclusive term that can then be simplistically broken down into a taxonomy of roles such as lawyers, paralegals, clerks, legal assistants, and law firm executives. However, the term ‘lawyer’ or ‘attorney’ should continue to be exclusively reserved for those who are properly licensed to practice law.
To implement this change, Khzrtian suggests promoting inclusive language guidelines that encourage respectful discourse within the profession. Such guidelines should be established through consensus, to avoid creating a void that can be exploited by bad actors. He asserts that these regulations can be found in the ABA Model Rules, state bars’ professional conduct codes, bar association charters, handbooks of law firms and legal institutions, and industry coverage guidelines.
However, for the new terminology to be truly effective, it must go beyond textual definitions and be integrated into daily professional interactions, public discourse, and even social media usage. Khzrtian highlights the need for peers within the profession to encourage adoption and usage of the new terminology in their interactions. With time, consensus and critical mass, the polarizing term ‘nonlawyer’ can be successfully phased out, allowing for a more inclusive and dignified professional environment.
Potential challenges to this reform are related to concerns about societal rights. There are fears that altering existing terminology may obscure the distinction between who is and is not qualified to practice law. Addressing such concerns forms the basis for the successful execution of this initiative. Khzrtian proposes the solution lies in openly listening to the opposing views, putting forth measures that address these concerns, and reassuring all stakeholders that, despite the changes, society’s vested interest in the law will be maintained.
In conclusion, by redefining professional terminology, the legal sector can nurture a more inclusive and cooperative professional community. The insights of leaders like Stepan Khzrtian highlight how much impact words have in shaping professional realities, reminding us of the power of language in transforming the professional landscape and the justice system.
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