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The Lawyer's Conscience - A History of American Lawyer Ethics (Hardcover)
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The Lawyer's Conscience - A History of American Lawyer Ethics (Hardcover)
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In 1776, Thomas Paine declared the end of royal rule in the United
States. Instead, “law is king,” for the people rule themselves.
Paine’s declaration is the dominant American understanding of how
political power is exercised. In making law king, American lawyers
became integral to the exercise of political power, so integral to
law that legal ethics philosopher David Luban concluded, “lawyers
are the law.”American lawyers have defended the exercise of this
power from the Revolution to the present by arguing their work is
channeled by the profession’s standards of ethical behavior.
Those standards demand that lawyers serve the public interest and
the interests of their paying clients before themselves. The duties
owed both to the public and to clients meant lawyers were in the
marketplace selling their services, but not of the marketplace.
This is the story of power and the limits of ethical constraints to
ensure such power is properly wielded. The Lawyer’s Conscience is
the first book examining the history of American lawyer ethics,
ranging from the mid-eighteenth century to the
“professionalism” crisis facing lawyers today.
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