For all the injustices in the world it is the lawyers, according to this Harvard professor that helps fight for the truth. What lawyers need to remember is that they remain independent from public opinion, their clients, and the government in order to do their job well. Since the process of the government is sensitive to rights of individuals and ensuring a fair process, for lawyers to do their work, they must be independent in thought and action.
Independence is always important because not having it, 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. According to his there are four major types of independence that lawyers must adhere to. Independence in the practice of law, independence from public opinion, independence from clients, and independence from government are the four types. The first is Independence in the practice of law which is less common and doable now then it was before since most lawyers do not fit the old pattern of the free professional, implying the independent attorney working in a rural or small community.
Lawyers were self employed back then and could choose what they would do from what they were offered. Currently, many lawyers can be found working for law firms and corporations who limit their choices of cases to work on. There are so many pressures now that come to many lawyers.
These days practicing law has become a business then it is a profession. Most people now look to reduce costs and delays, which often leads to a preference for avoiding trials at all costs. Even if there are a lot of lawyers that one case will see, what matters is the domination of the judicial pressure or client pressure.
In order to get the results you want, it can be good if you go to court but do note that reaching a compromise is what you want to do. It can be strange to hear but lawyers need to be independent from public opinion. This society is also one that understands the rights of unpopular individuals and groups and ideas, and it is the lawyer who must strive to protect them.
Remembering history, in the colonial era, 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. Though it might have not been the smartest idea, the lawyer who went on to help write the Declaration of Independence and served as the nation's second president decided to defend the soldiers. What the lawyer believed in was 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 increased his public standing and he gained a lot of supporters. Among the six soldiers, four were acquitted and two were convicted only of manslaughter.
For this lawyer, the case 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. Listening to public opinion is not so useful at times especially when you want to produce big payoffs. He said lawyers must remember they have an adversarial system in which fairness depends on spirited advocacy on both sides. He also says that it is best for lawyers to stay away from the desire to be liked, to compromise their independence, their willingness to stand up for their clients.
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