NCJ Number
59875
Date Published
1979
Length
52 pages
Annotation
THE ETHICAL DILEMMAS OF THE PRACTICE OF PUBLIC INTEREST LAW ARE EXAMINED, AND COMPARED WITH THE PROBLEMS CONFRONTING THE ENTIRE LEGAL PROFESSION.
Abstract
THE EMERGENCE OF A PUBLIC INTEREST BAR REFLECTS AND RESPONDS TO LONGSTANDING TENSIONS BETWEEN A LAWYER'S OBLIGATIONS TO CLIENTS AND THOSE TO THE PUBLIC GENERALLY. AS MORE GROUPS AND INTERESTS SEEK REPRESENTATION WITHIN THE LEGAL SYSTEM, LAWYERS FIND THEMSELVES AT THE CENTER OF CONFLICTS AND EVENTUALLY, THE ENTIRE BAR, WILL HAVE TO CONFRONT THE ISSUES OF PROFESSIONAL RESPONSIBILITY THAT THE PUBLIC-INTEREST LAWYER HAS BEGUN TO BRING INTO FOCUS. AMONG THE PUBLIC INTEREST PRACTITIONERS, ECONOMIC INCENTIVES AND DISINCENTIVES ARE NOT DOMINENT FACTORS IN THE WAYS RELATIONSHIPS OBLIGATIONS ARE DEFINED. IT IS NOT CLIENT DEMAND, BUT RATHER PROGRAM-DEFINED NONECONOMIC CRITERIA THAT DETERMINE THE CONTENT AND CHARACTER OF REPRESENTATION. THE CONFIGURATION OF OPPORTUNITY AND CONSTRAINT THAT SURROUNDS EVERY PROBLEM OF ETHICS PRESENTS A VERY DIFFERENT PATTERN IN PUBLIC INTEREST WORK THAN IN SITUATIONS IN WHICH SERVICE IS DESIGNED TO THE ABILITY AND WILLINGNESS OF THE CLIENT TO PAY. DISTINCTIVE PROBLEMS OF PUBLIC INTEREST ATTORNEYS INCLUDE THE NECESSITY FOR DECIDING WHO GETS THE ALLOTTED SERVICES AND REPRESENTATION FROM THE LIMITED RESOURCES OF THE PUBLIC INTEREST FIRM, AND WHAT OBLIGATIONS ARE STILL OWED TO THOSE WHO ARE TURNED AWAY. THE BAR MUST INCREASE SERVICES TO THE DISADVANTAGED, AND FIND SOME WAY OF ESCAPING THE DILEMMAS CREATED BY PROBLEMS OF SCARCITY AND AN UNEQUAL SOCIETY. EXAMPLES OF PUBLIC INTEREST CASES, AND FOOTNOTES ARE PROVIDED. (TWK)