For all the injustices in the world it is the lawyers, according to this Harvard professor that helps fight for the truth. One thing lawyers need to keep in mind is that they remain independent from public opinion, their clients, and the government. One must note that the system of government is sensitive to rights of individuals and ensuring a fair process, and for lawyers to do their work; they must be independent in thought and action.
When we fail to be independent we would not only degrade ourselves professionally and impair our ability to discharge our duties to clients, but we 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. The types are independence in the practice of law, independence from public opinion, independence from clients, and independence from government. Due to the fact that most lawyers do not fit the old pattern of the free professional, implying the independent attorney working in a rural or small community, Independence in the practice in law is not less common.
With that, lawyers worked for themselves and had the freedom to decide what cases they would work on. Since most lawyers now can be found in law firms and working for corporations they have less freedom to make decisions in their work. Due to this, many lawyers are subjected to a lot of pressures.
People see practicing law now as a business then it is a profession. Most of the time, people are looking to reduce costs and delays, which often leads to a preference for avoiding trials at all costs. Most of the time what it all boils down to in court cases is the domination of judicial pressure or client pressure.
One will always want to reach a compromise but most of the time going to trial is what is best for all parties involved. Another thing lawyers should do is to be independent from public opinion. Then again the society is also one that gives high regard to the rights of unpopular individuals and groups and ideas, and it is the lawyer who must strive to protect them.
It is important to note that in 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. During that time it was this lawyer's bravery that made him defend the lawyers and later he 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. With his representation of the British it was able to increase his public standing and make more people respect him. Here, among the six soldiers that were charges four were acquitted and two were convicted only of manslaughter.
This case according to the lawyer 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. Lawyers always need to remember that they have an adversarial system in which fairness depends on spirited advocacy on both sides. What lawyers need to know is how they can keep away from the desire to be liked, to compromise their independence, their willingness to stand up for their clients.
When we fail to be independent we would not only degrade ourselves professionally and impair our ability to discharge our duties to clients, but we 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. The types are independence in the practice of law, independence from public opinion, independence from clients, and independence from government. Due to the fact that most lawyers do not fit the old pattern of the free professional, implying the independent attorney working in a rural or small community, Independence in the practice in law is not less common.
With that, lawyers worked for themselves and had the freedom to decide what cases they would work on. Since most lawyers now can be found in law firms and working for corporations they have less freedom to make decisions in their work. Due to this, many lawyers are subjected to a lot of pressures.
People see practicing law now as a business then it is a profession. Most of the time, people are looking to reduce costs and delays, which often leads to a preference for avoiding trials at all costs. Most of the time what it all boils down to in court cases is the domination of judicial pressure or client pressure.
One will always want to reach a compromise but most of the time going to trial is what is best for all parties involved. Another thing lawyers should do is to be independent from public opinion. Then again the society is also one that gives high regard to the rights of unpopular individuals and groups and ideas, and it is the lawyer who must strive to protect them.
It is important to note that in 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. During that time it was this lawyer's bravery that made him defend the lawyers and later he 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. With his representation of the British it was able to increase his public standing and make more people respect him. Here, among the six soldiers that were charges four were acquitted and two were convicted only of manslaughter.
This case according to the lawyer 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. Lawyers always need to remember that they have an adversarial system in which fairness depends on spirited advocacy on both sides. What lawyers need to know is how they can keep away from the desire to be liked, to compromise their independence, their willingness to stand up for their clients.
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