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5 J. Legal Prof. 31 (1980)
Protecting Lawyers from Their Profession: Redefining the Lawyer's Role

handle is hein.journals/jlegpro5 and id is 35 raw text is: Protecting Lawyers From Their Profession: Redefining the Lawyer's Role Erwin Chemerinsky* Traditionally, the attorney is viewed as an advocate for a cli- ent. The lawyer's task is to zealously represent the client, and it is not for the attorney to decide which side is right or deserves to triumph. It is assumed that the conflict of arguments in the court will ensure that justice is done.1 This view of the lawyer's role ignores the question of whether, and to what extent, an attorney's personal beliefs should influence his or her professional conduct. Seldom discussed are the conse- quences to the attorney of arguing against his or her prior beliefs. Recent social psychological research has revealed that such behav- ior may have the unintended consequence of altering the attitudes of the advocate. If so, what are the attorney's obligations to protect his or her values and beliefs? How do they relate to his or her professional commitments and responsibilities? In attempting to answer these questions, this article analyzes the implications psychological studies have for defining the proper role of the attorney. Part one describes the theory of counter atti- tudinal advocacy and the research which has supported it. Section two presents my conclusions of the ramifications of this research in determining what the role of the lawyer should be. It considers the criteria which should govern the attorney's power to withdraw or refuse representation. Finally, traditional role definitions for the attorney are examined and contrasted to the model presented in part two. The Canons of Ethics and Ethical Considerations of the American Bar Association's Code of Professional Responsibility are specifically considered. Throughout this article emphasis is placed on identifying the assumptions underlying each alternative role * Dobrovir, Oakes & Gebhardt, Washington, D.C., Member Bar of the State of Illinois. B.S., 1975, Northwestern University; J.D., 1978 Harvard Law School. The views expressed herein are entirely my own. 1. Many have challenged the assumptions of the adversary system, contend- ing that no real adversary system exists because of the tremendous imbalance in the allocation of legal talent and resources. See, e.g., J. AUERBACH, UNEQUAL Jus- TicE (1977).

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