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.
|