The people who are responsible for keeping justice and sending those uncivilized people to jail are the lawyer says this Harvard professor. For lawyers to do their job well, they remain independent from public opinion, their clients, and the government. Due to the fact that 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.
When we are not able to separate ourselves, 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 parti[censored] ting in the policy issues of the day. Lawyers need to follow four major types of independence. In the practice of law the four types are independence in the practice of law, independence from public opinion, independence from clients, and independence from government. Talking about Independence in the practice in law is hard for people to achieve now since most lawyers do not fit the old pattern of the free professional, implying the independent attorney working in a rural or small community.
Many lawyers back then were typically self emplo[censored] and freer to choose what cases they would work on. Currently, many lawyers can be found working for law firms and corporations who limit their choices of cases to work on. Today, pressures like preoccupation on work hours have become big for a lot of lawyers.
What people do not understand is that practicing law is a profession not a business deal. Most people now look to reduce costs and delays, which often leads to a preference for avoiding trials at all costs. Too often the trial lawyer is dominated by the pre-trial lawyer who is dominated by the settling lawyer or dominated by the risk adverse lawyer, and all of them are in turn dominated by judicial pressure or client pressure.
When trying to reach a compromise, going to court might actually be what is best for both parties. It can be strange to hear but lawyers need to be independent from public opinion. The society also gives a lot of respect to the rights of unpo[censored] r individuals and groups and ideas, and it is the lawyer who must strive to protect them.
It was during the colonial times when 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. The lawyer who defended the soldiers went on to help write the Declaration of Independence and served as the nation's second president. At the same time this lawyer believed that no person in a free society should be denied the right to counsel or denied a fair trial. Over time his representation of the British increased his public standing and made his more respected by others. Here, among the six soldiers that were charges four were acquitted and two were convicted only of manslaughter.
According to the lawyer, handling this 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. When one agrees to po[censored] r opinion, it does not mean that you can get the greatest payoff in the long run. According to him, lawyers need to remember that they have an adversarial system in which fairness depends on spirited advocacy on both sides. Lawyers must know how to separate themselves from the desire to be liked, to compromise their independence, their willingness to stand up for their clients.
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