Chapter 1: Lawyers
The Practice of Law
As a lawyer you will “lawyer,” engage in “lawyering,” or, as more commonly described you will “practice law.”
The Preamble: ABA presents specification of various roles played by lawyers
Preamble 1 – a lawyer represents clients, is an officer of the legal system, and is a public citizen having special responsibility for the quality of justice
Preamble 2 – Functions of a lawyer: advisor, advocate, negotiator, evaluator (and intermediary)
Preamble 3 – A lawyer may be a third-party neutral, and a non-practicing lawyer may be subject to professional discipline for conduct that is dishonest, fraudulent, deceitful, or misrepresentative
The Skills Lawyers Use
· Reading and listening: must be able to take in a great deal of information, often on topics about which they are unfamiliar
· Analyzing: must be able to determine fundamental elements of problems
· Synthesizing: must be able to pull together large amounts of material in a meaningful. focused, cogent manner
· Advocating: role is to represent client’s particular point of view and interests as vigorously as possible
· Counseling: lawyers spend a good deal of their time giving legal advice
· Writing and speaking: lawyers must be effective communicators whether in the courtroom or law office
· Negotiating: must be able to reconcile divergent interests and opinions
The Clients Lawyers Serve and the Settings in Which They Practice
72.9% private practice, 8.2% govt agencies, 9.5% private industries and associations, 1.1% legal aid or public defenders, 1% legal education, and 4.6% retired or inactive
Thoughts About Lawyers
Mather – Natural law approach – source of law comes from God and you should go out of your way to do pro bono work
Dreiser – intellectual missionaries selling their intellect to the highest bidder
Bierce – Devil’s dictionary – “one skilled in the circumvention of the law”
“‘Profession’ comes from the Latin, professionalism, meaning to make a public declaration. The term evolved to describe occupations that required new entrants to take an oath professing their dedication to the ideals and practices associated with a learned calling.”
Teaching and Learning Professionalism :A professional lawyer is an expert in law pursuing a learned art in service to clients and in the spirit of public service; and engaging in these pursuits as part of a common calling to promote justice and public good
Essential characteristics:
learned knowledge
skill in applying the applicable law to the factual context
thoroughness of preparation
practical and prudential wisdom
ethical conduct and integrity
dedication to justice and the public good
Supportive Elements include:
formal training and licensing
maintenance of competence
zealous and diligent representation of client’s interests within the bounds of law
appropriate and deportment civility
economic temperance
subordination of persona interests and viewpoints to the interests of clients and the public good
autonomy
self-regulation
membership in one or more professional organizations
cost-effective legal services
capacity for
for abuse of legal authority is more readily challenged by a profession whose members are not dependent on government for the right to practice.”
Self-Regulation
Preamble 10 – the profession is largely self-regulating and this is unique b/c of the close relationship between the profession and govt/law enforcement. Authority over the legal profession is vested in the courts
Preamble 11 – self-regulation creates independence from the govt domination which allows lawyers to more freely challenge govt authorities in pursuance of the law
Preamble 12 – self regulation creates the responsibility to assure that regulations are conceived in the public interest. Therefore, every lawyer is responsible for observing the self regulation and has an interest in ensuring that other attorneys abide by it
Pierce article – ABA has the power to promulgate the rules and regulate law schools
The two activities of bar associations that a peculiarly pertinent to out study of the regulation of conduct are:
their articulation of standards of conduct for lawyers
their lobbying to secure adoption of standards of conduct for lawyers by the appropriate lawmaking body.
Promulgation of Standards of Conduct by State Governments: the states are the primary regulators of the legal profession
