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Legal Profession Commons

Open Access. Powered by Scholars. Published by Universities.®

2013

Fordham Law School

Professional independence; professional conduct; professional ethics

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Full-Text Articles in Legal Profession

Lawyers’ Professional Independence: Overrated Or Undervalued?, Bruce A. Green Jan 2013

Lawyers’ Professional Independence: Overrated Or Undervalued?, Bruce A. Green

Faculty Scholarship

This article explores the concept of lawyers’ "professional independence" in the literature of the U.S. legal profession. It begins with some reflections on the conventional meanings of professional independence, which encompasses both the bar’s collective independence to regulate its members and individual lawyers’ independence in the context of professional representations, including independence from clients, on one hand, and independence from third parties, on the other. The article suggests that the professional conduct rules are overly preoccupied with protecting lawyers’ professional independence from the corrupting influences of other professionals. The article then turns to an aspect of professional independence ...