David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
In contrast to the modern understanding that associates the 'citizen lawyer' most often with law reform, pro bono work, and other efforts outside daily private practice, this Article argues that lawyers shape American democracy in all parts of their practice, especially the everyday work of representing clients. Given expression in the 1958 ABA/AALS Report authored by Lon Fuller as well as in writings that both predate it and postdate it, the conception of the lawyer serving the role we describe as a “civics teacher” directly addresses the lawyer’s counseling of clients in the daily private practice of law, regardless of whether the matter relates to a transaction or to litigation. It emphasizes that when lawyers counsel clients about their legal rights and obligations, and about how to act within the framework of the law, lawyers invariably teach clients not only about the law and legal institutions, but also, for better or worse, about rights and obligations in a civil society that may not be established by enforceable law, including ideas about fair dealing, respect for others, and concern for the public good. This conception also addresses aspects of lawyers’ work aside from client counseling, because lawyers teach clients by example, especially when lawyers address their own legal obligations in the course of a representation. Adopting and elaborating upon the idea of the lawyer’s role as civics teacher, we suggest, would lead lawyers to perform this function more self-consciously and, therefore, more often for the better.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Joanne Stagg-Taylor (2011). Lawyers' Business: Conflicts of Duties Arising From Lawyers' Business Models. Legal Ethics 14 (2):173-192.
Sorry, there are not enough data points to plot this chart.
Added to index2009-06-16
Total downloads2 ( #657,719 of 1,790,225 )
Recent downloads (6 months)1 ( #427,637 of 1,790,225 )
How can I increase my downloads?