The foundations of our professional values.

AuthorShestack, Jerome J.
PositionAmerican Bar Association

People often ask me to define the mission of the American Bar Association. My answer is simple. We seek to enhance the professionalism of all lawyers.

To some, this may seem a rhetorical statement. But I can assure you that the ABA today is very serious about advancing professionalism.

Why so serious now? For one, our profession's standing with the public is not stellar. More importantly, we have reason to be concerned as the legal profession is propelled by societal changes and the future seems uncertain. Our profession is more commercial and crass, our values seem fragile and often suspect. We could use a moment to reflect. Let us start by recalling what exactly we do profess as lawyers.

Didn't we become lawyers to be a part of a learned and noble profession? The best definition I know is that the lawyer is an "expert in the 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 the public good."

Let me amplify this in more specific terms. Here are the elements of professionalism that I believe define our calling.

First is fidelity to ethics and integrity. Ethical rules should not be a confinement, but a meaningful commitment -- in the spirit of enlarging and enhancing one's adherence to the integrity of the profession.

Second is service to clients with competence and dedication -- as well as independence. Independence is part of the lawyer's calling. Much of the reason so many lawyers face malpractice suits is they do not have the wisdom and fortitude to say "no" to a client when "no" should be said.

Third is a meaningful legal education -- not as a chore to meet some point requirement, but as a commitment to growth and replenishment.

Fourth is civility. We need to resist the Rambo-type tactics in which civility is mocked and ruckus is routine. But civility is more than surface politeness; it is an approach that seeks to reconcile conflict, to diminish rancor and to reduce the antagonisms and aggressiveness of an adversarial society for a more civilized condition. As Justice Anthony Kennedy recently put it, "civility is respect for the dignity and worth of a fellow human being." It is an end in itself.

Fifth is a commitment to improve the justice system and advance the rule of law. Today, our system of justice is overcrowded, underfunded and dilatory. Today, the independence of judges is at risk. Today, access to justice is...

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