What Attorney Independence Involves

Published: 22nd February 2011
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In the legal profession, no matter how independent American lawyers are, they still need to abide by certain protocols and practices according to a Colorado Supreme Court justice and they should in no way become blind when it comes to the case at hand. When talking about attorney independence, it is common to make references to the trial lawyers but this is something that applies to all lawyers. If you are into the practice of law, regardless of the kind of lawyer that you are, you are responsible for providing clients with objective, sound legal advice.

With regard to lawyer independence, you might need to consider two notions. In law, there is a lawyer's duty to a client and other people cannot control him or her. Here, a lawyer can have other clients or work for self-interest, the government, and public opinion.

The conflict comes in with the second duty of a lawyer which is to the legal system. It's these core notions that represent the essence of what our profession is about. The lawyers encounter lots of problems due to this. A lawyer can never become the client, all he or she can do is act independently on behalf of the client.


What lawyers do is mediate between sessions. The conscience is a personal thing which cannot be shared. When a lawyer is independent, he or she follows the rule of law.

The job of the lawyer is to assist the client within the framework of the law and give objective advice about the case. A lawyer should always work towards the best interest of the client and they should be the problem solvers for these people as well.

In terms of the political or unpopular cases, these are often handled by the independent lawyers. In this case, the general public is very antagonistic about the criminal defense bar. The legal profession is suffering because of this.

One more thing needs to be addressed when it comes to this. Are they a profession or are we a business? In the more recent times, the business seems to be overwhelming the profession in what they do. Apart from having lawyers that are going in business with their clients, the use of dot.com e-businesses is becoming popular as well.


Taking this into consideration, you need to think about the pressure to include lawyers in multidisciplinary practices, a belief that the law is complex and lawyers spend most of their time in arcane paper shuffling, and lawyer advertising creating the impression a law practice is a business and not a profession and then there is the issue with exorbitant legal fees. Another problem is the culture of law itself, which is increasingly becoming focused on larger law firms. This job is demanding and what it needs are people who can stand the long hours and the incapacity to have a social life.

In order not to compromise the core values, change is something that this profession needs to be open to. It is not as easy to accept changes when it comes to this conservative profession as the people can only be swayed towards progressing the old school way. The functions of independence and client confidentiality need to be retained and this is how the people will agree to let change in.

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