DEVELOPING LAW OF PROFESSIONAL RESPONSIBILITY (FROM TEACHING PROFESSIONAL RESPONSIBILITY - MATERIALS AND PROCEEDINGS FROM THE NATIONAL CONFERENCE, 1979, BY PATRICK A KEENAN ET AL - SEE NCJ-59867)

• NCJ Number: 59872
• Author(s): J H BRADNER
• Date Published: 1979
• Length: 14 pages
• Corporate Author: University of Detroit
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

AS THE PRINCIPLES OF PROFESSIONAL RESPONSIBILITY ARE CODIFIED, AND AS THE CONSEQUENCES OF UNETHICAL CONDUCT ARE DEFINED IN LITIGATION, CLIENTS WILL DEMAND GREATER PARTICIPATION IN THE MANAGEMENT OF THEIR INTERESTS.

Abstract

WHETHER LAWYERS AND THE LEGAL PROFESSION CAN RESOLVE THE UNCERTAINTIES ABOUT PROFESSIONAL RESPONSIBILITY AND STILL PRESERVE THE TRADITIONAL ASPECTS OF THE PROFESSION IS A COMPLEX ISSUE. MEETING PUBLIC DEMANDS FOR MODERATION OF ZEALOUS ADVOCACY WITH THE PROTECTION OF THE CLIENT AS A CONSUMER OF LEGAL SERVICES IS A NEW ROLE FOR LAWYERS. WHERE THE PRACTICE OF LAW WAS ONCE THE PROVINCE OF THE BAR AND THE COURTS, NOW CLIENTS EXPECT TO PARTICIPATE IN THE LEGAL PROCESS. THE BUSINESS ASPECTS OF LEGAL PRACTICE, PROMPTED BY COST FACTORS, HAVE A SIGNIFICANT IMPACT ON ITS QUALITY. ALTHOUGH THERE ARE NO POSITIVE TRENDS INDICATING THAT BAR ASSOCIATIONS WILL ASSUME A LEADERSHIP ROLE IN RESPONDING TO CRITICISMS OF ATTORNEY INCOMPETENCE, THE REGULATORY POWER OF THE COURTS CAN BE USED TO DISCIPLINE INCOMPETENT LAWYERS AND ENCOURAGE THE PROPER CONDUCT OF THE PROFESSION. THE PUBLIC'S AWARENESS OF THE RIGHTS OF LEGAL SERVICES CONSUMERS MAY SIGNAL THE IMPACT OF GENERAL OPINION ON THE IMPROVEMENT OF PROFESSIONAL ETHICS. THE INCREASING NUMBER OF NONLAWYERS ON DISCIPLINARY BOARDS IS QUELLING DOUBTS ABOUT A SYSTEM WITH ONLY SELF-REGULATION AND SECRECY IN ITS ACTIVITIES. PROFESSIONAL RESPONSIBILITY MUST GO BEYOND THE LAW SCHOOL CURRICULUM AND BE A PART OF PEER REVIEW AND CONTINUING EDUCATION. NO REFERENCES ARE PROVIDED. (TWK)