NCJ Number
59870
Date Published
1979
Length
18 pages
Annotation
A COMMITMENT TO CONSTRUCT MORE MEANINGFUL METHODS OF TEACHING PROFESSIONAL RESPONSIBILITY CAN MAKE AN IMPORTANT CONTRIBUTION TO STUDENT PERCEPTIONS OF LAWYERS' VALUES.
Abstract
ALTHOUGH LAW SCHOOLS STILL SOW THE SEEDS OF FUTURE WATERGATE SCANDALS BY AN APATHETIC APPROACH TO TEACHING PROFESSIONAL ETHICS, HOPEFULLY THE EXPANSION OF COURSES IN PROFESSIONAL RESPONSIBILITY AND CLINICAL EXPERIENCE WILL ENCOURAGE STUDENTS TO RATIONALLY ENCOUNTER AND STRUGGLE WITH ETHICAL CONFLICTS. A PARTIAL CAUSE OF THE WATERGATE AFFAIR MAY HAVE BEEN THE FAILURE OF THE PARTICIPATING LAWYERS TO DEVELOP AN EMOTIONAL-COPING CAPACITY. LAW SCHOOLS HAVE TRADITIONALLY CRITICIZED EMOTIONAL ISSUES AND REACTIONS, RATHER THAN TEACH RATIONAL TECHNIQUES FOR THE RESOLUTION OF MORAL CONFLICTS INHERENT IN THE PROFESSION. ALTHOUGH MOST LAW SCHOOLS DO REQUIRE TRAINING IN PROFESSIONAL ETHICS, STUDIES INDICATE THAT LEGAL EDUCATION HAS NOT CONTRIBUTED TO THE OVERALL ETHICAL POSTURE OF LAW SCHOOL GRADUATES, THAT LAW STUDENTS ARE NOT ENTIRELY IMMUNE TO SOME CHANGE IN THEIR ATTITUDES, AND THAT METHODS OF INCULCATING IMPROVED ATTITUDES DO EXIST. EFFECTIVE PROFESSIONAL TRAINING SHOULD INCLUDE AN EVALUATION OF THE ROLES THAT LAWYERS PLAY IN SOCIETY, AND CONTINUAL REMINDERS THAT THE LAWYER'S DUTY TO ZEALOUSLY SERVE THE CLIENT'S NEEDS IS LIMITED BY THE VIRTUES OF JUSTICE AND THE LAW. LAW SCHOOL COURSES IN SPECIALIZED SUBJECTS SUCH AS ADMINISTRATIVE LAW AND CRIMINAL PROCEDURE, SHOULD INCLUDE EXPLORATIONS INTO THE LAWYER'S ROLE AS PUBLIC SERVANT AND JUDGE. RECOGNITION OF SUCH ROLES COULD LEAD TO GOVERNMENT AND LEGAL REFORMS. FOOTNOTES ARE PROVIDED. (TWK)