The twain of ethics and professionalism.

• Author: Pope, Daniel J.
• Position: In law

Note that this department, which was inaugurated by Defense Counsel Journal in the July 1995 issue, is called "Ethics and Professionalism." Don't overlook the word "and." It's important because it shows the range of what will be discussed. These topics are large ones, important ones, and they deserve everyone's attention.

The last sentence used the word "topics" because ethics and professionalism are really two different branches of a similar discipline.

Ethics is those rules that govern lawyers' actions in a variety of circumstances, and the rules have been codified in the American Bar Association Model Rules of Professional Conduct, which were adopted by the ABA in 1983, or the former Model Code of Professional Responsibility, which dates from 1969. Versions of one or the other are in force in one fashion or another in all American states. Both the Model Rules and the Model Code have their origin in the original Canons of Professional Ethics, adopted by the ABA in 1908. Professionalism, on the other hand, begins where ethics code and compilations end.

Ethics and dilemmas

Ethics, as we learned in law school, is the application of rules of conduct to specific fact circumstances. As the world and the practice of law become more complex, so do ethical obligations. How will courts handle the tension between Model Rule 1.6 ("Confidentiality of Information") and Rule 3.3 ("Candor Toward the Tribunal")? How can large, multicity, multinational law finns comply with conflicts rules designed for sole practitioners and small firms located in one city? What does one do when a friend at a social gathering blurts out (or brags) that he has perjured himself in a child support case? Many of these situations present a damned-if-you-do, damned-if-you-don't dilemma.

As the rules of ethics and professional conduct are applied to interesting cases or certain situations, this department wants to hear about them. They will be good fodder for future installments of this department. And as the ethical rules change, as they do, this department will endeavor to keep readers apprised.

Professionalism is a different topic

Professionalism is a more diffuse and esoteric topic. Twenty years ago when I began practicing law, most lawyers knew they were professionals, that they were engaged in a learned profession, and that they had obligations not only to their firm and clients, but also to themselves - to learn to become the best lawyer they could be, to engage in bar...