Preamble: A Lawyer's Responsibility
                                                                
The continued existence of a free and democratic society depends 
 upon recognition of the concept that justice is based upon the rule of 
 law grounded in respect for the dignity of the individual and each 
 person's capacity through reason for enlightened self-government.  Law 
 so grounded makes justice possible, for only through such law does the 
 dignity of the individual attain respect and protection.  Without it, 
 individual rights become subject to unrestrained power, respect for law 
 is destroyed, and rational self-government is impossible. 
  
 Lawyers, as guardians of the law, play a vital role in the 
 preservation of society.  The fulfillment of this role requires an 
 understanding by lawyers of their relationship with and function in our 
 legal system.  A consequent obligation of lawyers is to maintain the 
 highest standards of ethical conduct. 
  
 In fulfilling their professional responsibilities,  lawyers 
 necessarily assume various roles that require the performance of many 
 difficult tasks. 
  
 A lawyer is a representative of clients, an officer of the legal 
 system and a public citizen having special responsibilities for the 
 quality of justice. 
  
 As a representative of clients, a lawyer performs various 
 functions.  As advisor, a lawyer provides a client with an informed 
 understanding of the client's legal rights and obligations and explains 
 their practical implications.  As advocate, a lawyer zealously asserts 
 the client's position under the rules of the adversary system.  As 
 negotiator, a lawyer seeks a result advantageous to the client but 
 consistent with requirements of honest dealing with others.  As 
 intermediary between clients, a lawyer seeks to reconcile their 
 divergent interests as an advisor and, to a limited extent, as a 
 spokesperson for each client.  A lawyer acts as evaluator by examining a 
 client's legal affairs and reporting about them to the client or to 
 others. 
  
 In all professional functions a lawyer should be competent, prompt 
 and diligent.  A lawyer should maintain communication with a client 
 concerning the representation.  A lawyer should keep in confidence 
 information relating to representation of a client except so far as 
 disclosure is required or permitted by the Rules of Professional Conduct 
 or other law. 
  
 A lawyer's conduct should conform to the requirements of the law, 
 both in professional service to clients and in the lawyer's business and 
 personal affairs.  A lawyer should use the law's procedures only for 
 legitimate purposes and not to harass or intimidate others.  A lawyer 
 should demonstrate respect for the legal system and for those who serve 
 it, including judges, other lawyers and public officials.  While it is a 
 lawyer's duty, when necessary, to challenge the rectitude of official 
 action, it is also a lawyer's duty to uphold legal process. 
  
 As a public citizen, a lawyer should seek improvement of the law, 
 the administration of justice and the quality of service rendered by the 
 legal profession.  As a member of a learned profession, a lawyer should 
 cultivate knowledge of the law beyond its use for clients, employ that 
 knowledge in reform of the law and work to strengthen legal education. 
 A lawyer should be mindful of deficiencies in the administration of 
 justice and of the fact that the poor, and sometimes persons who are not 
 poor, cannot afford adequate legal assistance, and should therefore 
 devote professional time and civic influence in their behalf.  A lawyer 
 should aid the legal profession in pursuing these objectives and should 
 help the bar regulate itself in the public interest. 
  
 Many of a lawyer's professional responsibilities are prescribed in 
 the Rules of Professional Conduct, as well as substantive and procedural 
 law.  However, a lawyer is also guided by personal conscience and the 
 approbation of professional peers.  A lawyer should strive to attain the 
 highest level of skill, to improve the law and the legal profession and 
 to exemplify the legal profession's ideals of public service. 
  
 A lawyer's responsibilities as a representative of clients, an 
 officer of the legal system and a public citizen are usually harmonious. 
 Thus, when an opposing party is well represented, a lawyer can be a 
 zealous advocate on behalf of a client and at the same time assume that 
 justice is being done.  So also, a lawyer can be sure that preserving 
 client confidences ordinarily serves the public interest because people 
 are more likely to seek legal advice, and thereby heed their legal 
 obligations, when they know their communications will be private. 
  
 In the nature of law practice, however, conflicting 
 responsibilities are encountered.  Virtually all difficult ethical 
 problems arise from conflict between a lawyer's responsibilities to 
 clients, to the legal system and to the lawyer's own interest in 
 remaining an upright person while earning a satisfactory living.  The 
 Rules of Professional Conduct prescribe terms for resolving such 
 conflicts.  Within the framework of these Rules many difficult issues of 
 professional discretion can arise.  Such issues must be resolved through 
 the exercise of sensitive professional and moral judgment guided by the 
 basic principles underlying the Rules. 
  
 The legal profession is largely self-governing.  Although other 
 professions also have been granted powers of self-government, the legal 
 profession is unique in this respect because of the close relationship 
 between the profession and the processes of government and law 
 enforcement.  This connection is manifested in the fact that ultimate 
 authority over the legal profession is vested largely in the courts. 
  
 To the extent that lawyers meet the obligations of their 
 professional calling, the occasion for government regulation is 
 obviated.  Self-regulation also helps maintain the legal profession's 
 independence from government domination.  An independent legal 
 profession is an important force in preserving government under law, for 
 abuse of legal authority is more readily challenged by a profession 
 whose members are not dependent on government for the right to practice. 
  
 The legal profession's relative autonomy carries with it special 
 responsibilities of self-government.  The profession has a 
 responsibility to assure that its regulations are conceived in the 
 public interest and not in furtherance of parochial or self-interested 
 concerns of the bar.  Every lawyer is responsible for observance of the 
 Rules of Professional Conduct.  A lawyer should also aid in securing their 
 observance by other lawyers.  Neglect of these responsibilities compromises 
 the 
 independence of the profession and the public interest which it serves. 
  
 Lawyers play a vital role in the preservation of society.  The 
 fulfillment of this role requires an understanding by lawyers of their 
 relationship to our legal system. The Rules of Professional Conduct, 
 when properly applied, serve to define that relationship.