Is the Rule of Law Failing? Legal Professionals Weigh In

Here is my recent Daily Record column. My past Daily Record articles can be accessed here.

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Is the Rule of Law Failing? Legal Professionals Weigh In

In last week's article, I shared access to justice statistics from the 8am 2026 Legal Industry Report. 1,300 legal professionals offered their perspectives on the effectiveness of current efforts to bridge the justice gap. The results were mixed, with a notable disparity between lawyers and other legal professionals. Specifically, lawyers were more likely to believe that access challenges were more significant.

The Report's rule of law findings showed a similar pattern. In this section, lawyers and other legal professionals were asked whether they felt that the rule of law was under threat and if they thought the situation had declined over time. Lawyers were far more likely to believe that we face greater challenges now than in the past.

For example, when asked whether they agreed that "the rule of law is under threat in the United States today," lawyers responded with resounding conviction. A combined 62% agreed or strongly agreed with the statement, with 39% strongly agreeing. Other legal professionals were far more measured, and only 40% agreed or strongly agreed. The largest single response in that group was neither agree nor disagree, at 41%. In other words, the typical legal professional was uncertain, while the typical lawyer was alarmed.

The gap is sharpest at the extremes. Both groups were equally likely to strongly disagree (9% each), but lawyers were more than twice as likely to strongly agree (39% versus 17%). Whether that reflects greater familiarity with the legal system, closer attention to institutional trends, or simply a different professional vantage point, the data is clear: lawyers believe the problem is far more significant than their colleagues do.

That concern was also evident when lawyers were asked about the current state of the rule of law and how it has changed over time. A majority of lawyers (54%) rated the rule of law as somewhat or very weak today, compared to 39% of other legal professionals. The historical view shows an even wider gap with nearly 70% of lawyers concluding that the rule of law has weakened compared to 10 years ago, including 38% who chose "much weaker." Other legal professionals were also pessimistic, but less dramatically so: 48% said it has weakened, and only 19% chose "much weaker."

When asked which areas should be supported to strengthen the rule of law, courts and the judiciary topped the list for lawyers at 33%, while 30% of other legal professionals identified legislatures and policy-making. Civic education and public awareness ranked second for both groups.

Corruption and abuse of power were the top threats to the rule of law, cited by 59% of respondents. Political polarization (51%) and misinformation and disinformation (49%) rounded out the top three, suggesting that the respondents perceive the challenges to the rule of law as systemic and cultural, not simply institutional.

When asked what would most strengthen public trust, the answer was clear: accountability for public officials, with 55% of respondents choosing that option. Consistent enforcement of laws was next at 36%, followed by enhanced civic and legal education (30%).

Respondents reported that rule-of-law concerns were impacting their daily work. Nearly 70% of of legal professionals surveyed said that reduced public trust in the legal system interferes with their ability to serve clients. And 43% said they have personally observed erosion of the rule of law affecting their work, including 14% who said the impact has been significant.

These findings are a reminder that the rule of law is not an abstract principle; it is the foundation upon which all legal work rests. When it erodes, legal practice risks becoming performative: process without purpose and procedure without substance.

Legal professionals recognize the importance of the rule of law, and the data shows that those closest to the system are most aware of its vulnerabilities. That understanding carries great weight and responsibility, since upholding the rule of law is not a peripheral concern—without it, justice is nothing more than a false promise. 

Nicole Black is a Rochester, New York attorney, author, journalist, and Principal Legal Insight Strategist at 8am, the team behind MyCase, LawPay, CasePeer, and DocketWise.She is the nationally-recognized author of "Cloud Computing for Lawyers" (2012) and co-authors "Social Media for Lawyers: The Next Frontier" (2010), both published by the American Bar Association. She also co-authors "Criminal Law in New York," a Thomson Reuters treatise. She writes regular columns for Above the Law, ABA Journal, and The Daily Record, has authored hundreds of articles for other publications, and regularly speaks at conferences regarding the intersection of law and emerging technologies. She is an ABA Legal Rebel, and is listed on the Fastcase 50 and ABA LTRC Women in Legal Tech. She can be contacted at niki.black@mycase.com.