State & Local News Vol. 21, No. 3, Spring 1998 Legally Speaking Focus on Professionalism By John J. Copelan, Jr. I have chosen as this column's focus the issue of professionalism. ABA President Jerry Shestack has set the stage for us to examine this topic as a profession with his emphasis this year on the topic of defining our calling. At a recent ABA conference on "Teaching and Learning Professionalism," a declaration of professionalism was put forward as: "[a] professional lawyer is an expert in law pursuing a learned art in service to clients and in the spirit of public service; and engaging in these pursuits as part of a common calling to promote justice and public good." Jerry spelled out this declaration in a recent report in the September 1997 ABA Journal, which I shall outline below. First is fidelity to ethics and integrity as a meaningful commitment-in the spirit of enlarging and enhancing the practice, and awareness, of ethics. Second is service with competence and dedication-but with independence as well. Independence is part of the lawyer's calling and, put simply, means having the wisdom and fortitude to say "no" to a client when "no" should be said. Third is meaningful legal educationCnot education viewed as a chore to meet some point system but as a means for growth and replenishment. Further, much of true post-school learning must be self-taught-growing as part of a learned profession. Fourth is civility and respect for authority. Let us resist the rise of Rambo-type tactics in which civility is mocked and ruckus is routine. Civility is more than surface politeness; it is an approach that seeks to diminish rancor, to reconcile, to be open to nonlitigious resolution. In short, it is an approach that modifies the antagonisms and aggressiveness of an adversarial society and seeks a more civilized condition. Fifth is a commitment to improve the justice system and advance the rule of law. The justice system is our trust and our ministry. And we bear the brunt of public dissatisfaction with the justice system's flaws and deficiencies. Today, our system of justice is overcrowded, underfunded, and dilatory. To make that limping legal structure stride upright is the obligation of every lawyer. Here we must address two immediate crises in our justice system. First is the drive to diminish or eliminate free legal services to the poor. That mindless attack subverts the principle of equal justice that underlies our democracy. Second are the crude attacks on the independence of the judiciary. The independence of judges in a constitutional democracy cannot be taken lightly or apathetically. It is the measure of effective separation of powers in our democracy. It is the grounding for confidence in a judicial system that protects the rights and liberties of our citizens. It is the integrity that underlies a rule of law. The final element of legal professionalism is pro bono service. There are many reasons for such service, even apart from the common decency of helping those in need. Much has been given to our profession; it seems right to give something back-indeed, it is an ethical obligation. The challenge before each of us as members of our profession is great. Give us your thoughts on how we can promote professionalism within the bar and we shall print responses, as space permits, in the next issue. Over and out from Ft. Lauderdale State & Local Law News home page | Table of Contents