For all the injustices in the world it is the lawyers, according to this Harvard professor that helps fight for the truth. In order for lawyers to fulfill their role in society it is important that they remain independent from public opinion, their clients, and the government. Given that the government is sensitive to rights of individuals and ensuring a fair process, in order for lawyers to do their work, they must be independent in thought and action.
A full independence is essential since without 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. Remember that there are four major types of independence that lawyers must adhere to. 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. With 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 of law is harder to come by now.
For lawyers in this environment, they were self employed and could take on the cases they wanted. 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.
What people do not understand is that practicing law is a profession not a business deal. These days, a lot of people want 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. The people in our society as well honor the rights of unpopular individuals and groups and ideas, and it is the lawyer who must strive to protect them.
If we go back in time during the colonial period we cannot that 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 went on to help write the Declaration of Independence and served as the nation's second president, defended the soldiers, an unpopular choice for him. 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. More people respected him after his representation of the British and it increased his public standing. In the six convicted soldiers, there were four who were acquitted and two were convicted only of manslaughter.
Mentioning in writing later, this lawyer said that 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. Listening to public opinion is not so useful at times especially when you want to produce big payoffs. He even shares that many lawyers need to remember that they have an adversarial system in which fairness depends on spirited advocacy on both sides. At the same time it is wise for lawyers to want 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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