ABSTRACT

There is a perception among many in the profession that the behavior of lawyers has changed for the worse. The profession has become more competitive and acquisitive, causing lawyers to be more aggressive and less civil. This chapter examines these contemporary circumstances. Uneasiness within the profession is reflected in the professional literature by the portrayals of two models of lawyering. One is the lawyer who unquestioningly accepts the client's objective and in its pursuit zealously employs the arsenal of tactics within the law and the professional rules, regardless of the harm inflicted upon specific others or the social consequences. The other model is the lawyer who in his counseling and representation exercises independent judgment in his relationship to the client. Lawyers earn their living by providing a service involving expenses that must be paid. In this respect it is a business. It differs, however, from the commercial enterprise because of the constraints imposed upon the lawyer.