On the origin of lawyers as sharks

14 Sep 24

The word "shark" entered the English language in the 1560s, well after professional lawyers emerged in the thirteenth century. The term "shark lawyer" has been used to describe lawyers for centuries and has multiple origins. Google Gemini Pro AI has this to say in response to the prompt, "Explain how lawyers came to be known as sharks":

The association of lawyers with sharks is a deeply ingrained cultural metaphor, evoking images of ruthless predators circling their prey. This comparison stems from a combination of the word's etymology, public perception of the legal profession's adversarial nature, and powerful critiques from influential 19th-century writers.

Interestingly, the word "shark" was used to describe a predatory person before it was commonly used for the marine animal. The term "shark" or "sharker" appeared in English as early as the 1400s, meaning a "scoundrel," "villain," or someone who exploits others through trickery and deceit. This original meaning was later applied to the fish due to its predatory behavior. Therefore, the very origin of the word is rooted in the concept of human rapacity, making its later application to lawyers a natural, if unflattering, fit.

In modern usage, calling a lawyer a "shark" carries a dual meaning, though it began with largely negative connotations.

The most common interpretation is that of a brutal and ruthless professional who "smells blood in the water". This perception casts lawyers as opportunists who prey on the weak, wounded, or those in difficult situations to profit from their trauma. This view is often tied to negative personal experiences with lawyers who are perceived as overly aggressive, impersonal, and expensive.

Conversely, the term can be a compliment. A "shark" can also be seen as a fierce, powerful, and highly intelligent apex predator of the legal world. In this light, a shark is a formidable and relentless advocate you want on your side in a difficult case—one who will use every available legal tool to win.

The negative perception of lawyers was cemented in the public consciousness during the 19th century, a period when the legal profession was seen as shifting from a civic-minded pursuit to a commercial enterprise. Popular opinion often held that elite lawyers were "money-grubbing pettifoggers" who would do anything for a fee.

This sentiment was powerfully captured and amplified by two of the era's most influential authors.

In his 1849 novel Mardi: and a Voyage Thither, Melville makes one of the earliest and most direct literary connections. He describes the "ordinary Brown Shark, or sea-attorney, so called by sailors; a grasping, rapacious varlet". This passage explicitly links the animal's predatory nature to the legal profession.

A fierce critic of the 19th-century legal system, Charles Dickens's works are filled with portrayals of a corrupt and self-serving legal world. In Bleak House, the lawsuit Jarndyce v. Jarndyce drags on for generations, ultimately consuming the entire inheritance in legal fees, perfectly illustrating a system that exists to enrich lawyers rather than serve justice. In Great Expectations, the lawyer Mr. Jaggers is a cold, predatory figure who views the law as a game and is willing to "turn murder into manslaughter, lies into truth" for a fee.

In essence, the image of the lawyer as a shark evolved from a word originally used for human swindlers, was reinforced by the adversarial nature of the legal system, and was immortalized in cultural critiques that questioned the motives and morality of the profession.