Things Lawyers Need To Adhere To

The people who are devoted to seek for justice and truth are the lawyer says this Harvard professor. It is also important for lawyers to do their job well and this will happen once they remain independent from public opinion, their clients, and the government. Since the process of the government is sensitive to rights of individuals and ensuring a fair process, for lawyers to do their work, they must be independent in thought and action.

If lawyers do not free themselves from that they would not only degrade themselves professionally and impair their ability to discharge their duties to clients, but they also would not be able to engage in various types of socially desirable work whether it is aiding the disadvantaged or participating in the policy issues of the day. More importantly there are about four major types of independence that lawyers must adhere to. Independence in the practice of law, independence from public opinion, independence from clients, and independence from government are the four types. Today, the independence in the practice of law is less common then it was back in the day since most lawyers do not fit the old pattern of the free professional, implying the independent attorney working in a rural or small community.

In this case lawyers were not connected to any firms and were able to select cases they wanted to represent. Now lawyers do not have that much freedom with their work and in decision making since, most of them are working for institutions and large law firms. They are subjected to pressure such as a preoccupation with billable hours and the bottom line.

Obscuring what it means to be a professional what is happening now that the practice of law has become a business. Most people now look to reduce costs and delays, which often leads to a preference for avoiding trials at all costs. Too often the trial lawyer is dominated by the pre-trial lawyer who is dominated by the settling lawyer or dominated by the risk adverse lawyer, and all of them are in turn dominated by judicial pressure or client pressure.

In order to get the results you want, it can be good if you go to court but do note that reaching a compromise is what you want to do. It can be strange to hear but lawyers need to be independent from public opinion. It is very important for our society to respect the rights of unpopular individuals and groups and ideas, and it is the lawyer who must strive to protect them.

When we look back during the colonial period, the press helped whip the public into frenzy over what was termed the Boston Massacre, where British troops fired into ruckus a mob killing five colonists. The lawyer, who ended up defending the soldiers, went on to help write the Declaration of Independence and served as the nation’s second president. It was important for this lawyer that no person in a free society should be denied the right to counsel or denied a fair trial. It took a while but a lot of people respected him after his representation of the British which resulted in an increase of his public standing. From the six convicted soldiers, four were acquitted and two were convicted only of manslaughter.

It was recorded that the lawyer said it was one of the most gallant, generous, manly, and disinterested actions of his whole life and one of the best pieces of service he ever rendered to his country. As much as possible it is better not to listen to the public’s opinion so much. One thing lawyers need to keep in mind is that they have an adversarial system in which fairness depends on spirited advocacy on both sides. At the same time it is wise for lawyers to want to stay away from the desire to be liked, to compromise their independence, their willingness to stand up for their clients.

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