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Synopsis of 2006 Blank LectureAmerican
lawyers are engaged in a profession that, in even its most private
applications, is always an intrinsically public calling. That is not
an aspiration but a fact intrinsic to a lawyer’s role in delivering
the rule of law to people in the United States, where the social
contract uniquely depends upon it. This inherent public character of
private law practice in our country informs any realistic and
worthwhile understanding of what the profession is and demands of its
practitioners. Among the characteristics necessary to this
understanding is independence. American lawyers have been fortunate to
be free of governmental interference with their ability to practice
law as their ability and judgment dictate. But increasing and varied
pressures have made it harder in modern times to exercise the
independence from client pressures that professionalism requires.
While some have argued that lawyers’ loyalty to their clients is
trumped by their conscientious duty to the public interest, this is an
unrealistic and theoretically unsound approach to the independence
issue. Loyalty to a client, and the lawyer’s role as private “law-giver”
require the lawyer to speak truth to the client. Recent developments
in the law, the “salience effect” of notorious recent events,
coupled with demographic changes in the profession itself are
providing both the means and the opportunity to reinforce, and, where
necessary, reclaim this aspect of lawyer independence, and thus offer
a hope for reinvigorating lawyer professionalism and morale.
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