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2017 Membership Opinion Survey provides a snapshot of the profession

A vast majority of Florida lawyers are pleased with The Florida Bar’s stewardship of the legal profession, according to the 2017 Membership Opinion Survey.

Eighty percent of all respondents rated The Florida Bar as an excellent or good advocate for the profession, the highest rating ever received for that question, which dates back to 1995, said Mike J. Garcia, the Bar’s director of Research, Planning & Evaluation.

The survey, conducted every two years, also found:

Chart • 92 percent of respondents who participated in a Florida Bar CLE seminar in the past year rate the overall quality of Florida Bar CLE seminars as excellent/good, compared to less than 1 percent who rate it as poor.

• 73 percent of respondents agree that the Bar promotes high standards of ethics and competence in the legal profession, compared to just 11 percent who disagree.

• 67 percent of respondents agree the Bar is a supportive and cohesive organization interested in the well-being of its members, compared to just 15 percent who disagree.

• 65 percent of respondents agree the Bar is responsive to the needs of its members, compared to 13 percent who disagree.

“What the survey results exhibit is an extremely high level of member satisfaction, which is reflective of both the efficient and effective leadership of the Board of Governors and other Bar leaders, coupled with a dedicated Bar staff,” Garcia said.

Those surveyed also shared their opinions on lawyer advertising, technology, pro bono, and career satisfaction. The survey also provides some information on how lawyers are doing financially, although the income data collected is not as comprehensive as is gathered every other year in the Bar’s Law Office Management and Economic survey. 

The survey found Florida Bar members also think there are too many lawyers in the state and are concerned about growing competition from nonlawyers. High levels of stress and balancing family and work are also their top personal concerns.

Seventy-four percent of respondents also agreed with the statement,“The public does not have confidence in the existing legal system.”

The 2017 Membership Opinion Survey was emailed to 3,572 randomly selected Bar members, and 26 percent of the surveys were returned. Garcia said for this sample, the error of estimation rate is just over 3 percent at the 95-percent level of confidence.

Garcia said 41 percent of all respondents say the oversaturation of lawyers will have the greatest impact on the profession over the next five years, while 18 percent of respondents report that competition from nonlawyers is the issue that will have the greatest impact, followed closely by technology at 14 percent, and lack of appropriate judicial funding at 6 percent. Access/affordability of legal resources as an impact also polled at 6 percent.

Career Satisfaction

Asked to list their three most significant challenges or concerns, 39 percent listed high stress, while 37 percent cited balancing family and work. Twenty-three percent said time management was a significant challenge or concern, and 18 percent listed client expectations, lack of business, and net revenue.

Yet, 70 percent of all respondents agree that their work and personal life has a good balance. More than two-fifths (46 percent) of all respondents agree that Florida is a good place to practice in terms of compensation.

When asked to list the three most important issues that they would like to see the Bar concentrate its efforts on over the next few years, almost half (49 percent) of respondents said enhancing the value of Florida Bar membership. Over one-third of respondents selected being more responsive to the small firm/sole practitioner (38 percent) and increasing efforts to improve the public perception of lawyers (35 percent).

Asked about the most serious problems faced by the profession today (respondents could list up to three), 54 percent of all respondents said there were too many attorneys. Twenty-eight percent cited poor public perception, and 25 percent said a lack of ethics/professionalism. Twenty-three percent cited lawyer advertising, and 19 percent, respectively, said affordability of legal services and court overload.

The percentage of respondents who list an oversaturation of attorneys as having the greatest impact on the profession in the next five years has significantly increased since the 2011 survey (from 23 percent to 41 percent). The percentage of respondents who list competition from nonattorneys also shot up since the 2011 survey (from 7 to 18 percent).

While 78 percent of respondents report the profession has become “less desirable” as a career over the past few years, 76 percent of those polled also said they are either “very satisfied” or “somewhat satisfied” with their legal careers. Only 6 percent of respondents say they are “very unsatisfied” with their careers.

Twenty seven percent of survey takers said they have considered changing careers — down from 36 percent two years ago — and 15 percent have considered moving to a different field of practice. Seven percent said they are considering hanging out their own shingle.

More than half of respondents (52 percent) also report that the public’s view of lawyers and the legal profession has become less favorable over the past five years.

More than three-fifths of all respondents believe that Florida attorneys are generally ethical (64 percent), professional (64 percent), courteous (64 percent), and honest (62 percent).

Pro Bono

Only 47 percent of those surveyed believe the legal needs of Florida citizens are being met, and when asked why they provide pro bono, 57 percent of those polled say they do so for personal satisfaction, while 23 percent see it as a professional responsibility.

Just over three-fifths (61 percent) of all respondents indicate that they are likely to provide pro bono in the next 12 months, compared to 25 percent who said they are unlikely to do so. The other 14 percent are either undecided or report that providing pro bono is not applicable to their circumstance.

Nearly two-thirds (65 percent) of respondents said they are either somewhat unfamiliar or not familiar at all with the concept of low bono — the principle of increasing access to law-related services for people of moderate means who do not qualify for pro bono assistance, but cannot afford the fees private attorneys typically charge.Only 20 percent indicated they personally accept low bono clients, defined as billing clients at a rate of less than $100. When asked about the likelihood of providing low-bono work in the next 12 months,25 percent of respondents said they were likely to do so, while 39 percent were unlikely to provide low-bono services. The other 36 percent of respondents said they were either undecided or report that low-bono services is not applicable to their circumstance.

Technology

When asked if their legal office was having difficulty adapting to changes in legal technology, 70 percent of all respondents said “no” and when they need technology or cyber security assistance, 47 percent seek outside consultants or technology support. Only three percent of respondents say they turn to The Florida Bar for assistance with tech issues.

Judges
Asked about the competence and fitness of judges in their region, 58 percent of all respondents rated their judges as either excellent or good.

Income

The median income for those polled was $100,000. That figure has not changed in 10 years. Male lawyers report a higher median income ($120,000) than female lawyers ($87,500). Garcia, however, notes that the average years of experience for a male lawyer in this survey is 20 years, compared to 12 years of experience for the average female attorney. Seventy-two percent of all respondents reported a total household income of more than $100,000 in 2017.

Advertising 

Eighty-five percent believe lawyer advertising negatively affects the public’s view of lawyers and the legal profession, including 81 percent of respondents whose firms advertise. Only 4 percent said advertising has a favorable effect on the public’s view of lawyers, while 11 percent said advertising has no effect.

Nearly three-fifths (57 percent) of all respondents believe that TV advertising has the most negative impact on the public’s perception of the profession. Billboard advertising (23 percent), and direct mails (5 percent) and mobile ads, such as on busses and taxis (3 percent), were also mentioned as being the most negative forms of advertising. Two percent believes internet/social media advertising most negatively affects the public’s view of the profession.

The survey found 68 percent of members believe the current restrictions on lawyer advertising are “too liberal,” as compared to 23 percent who say they are “balanced,” and 9 percent who say they are “too restrictive.”

Over four-fifths (83 percent) of private practice attorneys who are employed in firms or legal offices that advertise, use the internet for advertising purposes. More than two-fifths (45 percent) use some form of social media advertising.

Hurricanes

Over one-quarter (27 percent) of all respondents report their firm or legal office has suffered a loss from a hurricane or disaster in the past three years.

Over three-fifths (63 percent) of all respondents report their firm or legal office currently has a hurricane or disaster preparedness plan.

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