The Lawyer's Conscience: A History of American Lawyer Ethics

American lawyers have defended the exercise of political power by arguing their work is channeled by the professions standards of ethical behavior. The Lawyers Conscience is the first book examining the history of American lawyer ethics, ranging from the mid-eighteenth century to the “professionalism” crisis facing lawyers today.

Format: Hardback
Length: 408 pages
Publication date: 14 November 2022
Publisher: University Press of Kansas

In 1776, a significant turning point occurred in the United States when Thomas Paine boldly proclaimed the end of royal rule. Instead, he envisioned a new era where "law is king," empowering the people to govern themselves. Paine's declaration has become the prevailing American understanding of how political power is exercised. As a result, American lawyers have become integral to the exercise of political power, playing a crucial role in shaping the nation's legal landscape.

In making law king, American lawyers have assumed a central position in the exercise of political power. Their role has become so significant that legal ethics philosopher David Luban has concluded that "lawyers are the law." Throughout history, American lawyers have defended the exercise of this power by asserting that their work is guided by the ethical standards of their profession. These standards emphasize the importance of serving the public interest and the interests of their paying clients before self-interest.

The duties owed to the public and clients placed lawyers in a unique position in the marketplace. While they were selling their services, they were not operating within the traditional boundaries of the market. Instead, they were held to a higher standard of ethical conduct, which required them to put the needs of society before their own. This ethical framework has shaped the way American lawyers practice law and has helped to ensure that power is properly wielded.

The Lawyers Conscience is a groundbreaking book that delves into the history of American lawyer ethics, spanning from the mid-eighteenth century to the present-day "professionalism" crisis facing the legal profession. The book explores the evolution of lawyer ethics and the challenges that lawyers have faced in upholding their ethical responsibilities. It sheds light on the historical context in which lawyer ethics developed and the role that lawyers have played in shaping the legal system.

Through its comprehensive analysis, The Lawyers Conscience provides valuable insights into the ethical dilemmas that lawyers have faced throughout history. It explores the tensions between the pursuit of individual gain and the duty to serve the public interest, as well as the challenges of balancing the interests of clients with the broader societal good. The book also examines the role of lawyers in advocating for social justice and promoting equality and fairness.

In conclusion, the story of power and the limits of ethical constraints to ensure such power is properly wielded is a fascinating one. American lawyers have played a critical role in shaping the exercise of political power and have been held to a high standard of ethical conduct. The Lawyers Conscience is a valuable contribution to the field of legal ethics, providing a comprehensive examination of the history of American lawyer ethics and the ethical challenges that lawyers continue to face today. By exploring the past and present, the book offers valuable insights into the future of lawyer ethics and the role that lawyers will play in shaping the legal system of the United States.

Dimension: 229 x 152 (mm)
ISBN-13: 9780700634095