"There are some lawyers who think of themselves as basically instruments of whoever their clients are, and they pride themselves on their professional craft"
About this Quote
Cass Sunstein's quote explores the complicated role attorneys play in balancing individual ethics with expert responsibility. It highlights a specific type of legal representatives who view themselves primarily as instruments or tools for their clients. This perspective stresses the practitioner's function in carrying out the client's wishes, frequently focusing on the customer's objectives over more comprehensive considerations of justice or personal moral values.
Sunstein's observation recommends an extensive expedition of the lawyer-client relationship. Legal representatives, in this view, might see themselves as skilled technicians or artisans, whose main duty is to browse the legal system on behalf of their customers. They take pride in their capability to utilize their understanding of the law to efficiently advocate for their clients' interests, no matter the personal or societal ramifications. This technique stresses the technical and tactical elements of legal practice, highlighting the attorney's expertise in controling legal structures to favor their client.
However, this instrumentalist view of lawyering can raise ethical questions. It triggers a discussion about the potential conflicts in between a legal representative's responsibility to their client and their responsibility towards the legal system and society. While client advocacy is a foundation of legal practice, the profession also demands a commitment to justice, truth, and the public good. When lawyers mainly see themselves as instruments for their customers, there is a threat that these broader ethical duties may be overshadowed.
In addition, Sunstein's quote indirectly discusses the broader perception of legal professionals. It recommends that some attorneys might accidentally end up being facilitators of customer actions that stretch legal and ethical borders. This understanding may add to the stereotype of legal representatives as mercenaries for hire, focusing on winning over ethical factors to consider.
Eventually, Sunstein's quote encourages reflection on the identity and moral compass of legal professionals. It challenges attorneys to balance their dedication to customer service with their responsibilities to promote justice and integrity in their practice.