Law in the news; Lawyers and legal ethics

The National Education already own network presents a law in the news with Professor Joseph R. Julan associate dean of the University of Michigan Law School. I'm talking with Professor William J Pierce director of the legislative research center of the University of Michigan Law School and president of the Commission on the uniform state laws. Our subject is the question of lawyers and legal ethics before the bar can function at all is a guardian of the public interest committed to its care. There must be appraisal and comprehension of the new conditions in the changed relationship of the lawyer to his clients to his professional brother in and to the public that appraisal must pass beyond the petty details of form and manners which have been so largely the subject of lawyers codes of ethics to more fundamental consideration of the way in which the professional activities affect the welfare of society as a whole. Lawyers canons of ethics for the most part are generalizations designed for an earlier era.

Those were the words of Mr Justice Harlan Fisk. Stone uttered in one thousand thirty four. They seem Bill somewhat applicable to the day's time particularly in view of the proposal the American Bar Association that we have a new Code of Professional Responsibility for lawyers. Do you see a revolution in the lawyers role and the way in which perhaps the layman will seek to control the bar. I think there is a revolution going on in several aspects of the operation of lawyers and their handling their professional responsibilities as indicated by Mr. Starr on the canons. They go after a rather generalized moralistic announcements and a great deal of time has been spent on the economic aspects of illegal practice with little attention given to some of the broader. Aspects of professionals has a responsibility such as fulfilling the duty to have make legal counsel available to every person who needs a

lawyer. The necessity of representing a client was zero and the limits within which he must operate in carrying out that responsibility. Limitations upon conflict of interest where a lawyer may represent multiple clients whose interests are somewhat diverse over the long run. A great deal more concern within the buyer is represented by the establishment of a committee which is now prepared the first draft of the Code of Professional Responsibility. That is under consideration by the American Bar Association House of Delegates and will be reviewed this summer for a final disposition. The codes are a great step forward in clarifying a large number of issues but the basic problems still remain and that is the problems of grievances procedure. You do have a code what are you going to do about it some force much Bill you and I both know that tradition has dictated that the bar in a sense govern itself. That grievance matters are heard behind closed doors and that the ultimate

discipline if any is meted out by the Supreme Court of the particular state in question. Is this a procedure which you see likely to be abandoned in the near future. I doubt our layman going to be sitting on these boards of review. I think that is a possibility that there will be additional people involved other than the lawyers themselves and the judges and whether a disciplinary action will be taken. The fact the matter is that we have a dualistic system in most states at the present time First there's the lawyers grievance procedure which is internal within the bar. And this is supplemented by action of the court. As you know lawyers are officers the court. And even though the legislature may say that a certain person is qualified to practice law the court may say that he is not and the courts have held this to be within their power as a separate branch of government. But the whole problem of grievance is rather interesting. In fact in Michigan we have a problem our grievance procedures in any other state because of an active grievance committee operation in other

states it's rather amazing years will go by without any disciplinary procedures being taken against lawyers even though they haven't engaged in conduct that would be considered unprofessional. We've been talking about lawyers and legal ethics. My guest Professor William J Pierce president of the uniform State Law Commission Professor Joseph Farr Julan associate dean of the University of Michigan Law School represented law in the new recorded by the University of Michigan Broadcasting Service. This is the national educational radio network.