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16 Clinical L. Rev. 109 (2009)
Client Activism in Progressive Lawyering Theory

handle is hein.journals/clinic16 and id is 113 raw text is: CLIENT ACTIVISM IN PROGRESSIVE LAWYERING THEORY EDUARDO R.C. CAPULONG* Fostering activism has always been central to progressive law- yering theory. Every approach to the progressive practice of law has contemplated as an essential ingredient some form of client activity- be it collective mobilization, civic participation or simply empower- ment. This Article traces the conceptualization of client activism in progressive legal scholarship and argues that its complex and dy- namic nature has been undertheorized. Historicizing and disaggregat- ing its various forms, the Article calls for a socially contextualized analysis and differentiation of divergent aims and methods as precur- sors to defining the lawyer's role in popular activism and fundamen- tal social change. INTRODUCTION Fostering activism has always been central to progressive law- yering theory. Without exception, every approach to the progressive practice of law has contemplated some form of client activity or con- nection with other activism-be it mass movement and mobilization, militant protest, direct action, organization-building, civic participa- tion or simply individual empowerment-as an essential ingredient. For many progressive lawyers, in fact, client activism is the primary object of legal advocacy. It is both means and end, powering efforts at reform and fulfilling the promise of democracy-even revolutionary transformation. For these lawyers, the key question driving legal prac- tice is not what will ensure legal victory, but what will motivate, sup- port and further effective activism. Only organized, politicized mass action from below, these lawyers hold-not law reform-produces fundamental, lasting social change. Indeed, this unique objective dis- tinguishes progressive lawyering from liberal-legalist practice, which focuses intently on legal reform, secured by expert litigators, policy * Assistant Professor of Law, University of Montana. I owe an enormous debt to many people for reading and commenting on earlier versions of this paper: the 2007 NYU Law- yering Faculty, especially Tigran Eldred and Brent White; and the 2008 Clinical Law Re- view writers' workshop, especially Ascanio Piomelli, Mary Helen McNeal, Kate Kruse and Steve Berenson. I also thank Diana Yoon, Rina Pal, Derf Johnson and Amanda Hill for their excellent research assistance. Finally, I thank Rebecca Weston, who not only read, commented and provided invaluable insight on this paper, but also sustained me through- out the long process of writing it.

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