What Is the Essential Nature of the Role Performed by Lawyers?
As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealing with others. As intermediary between clients, a lawyer seeks to reconcile their divergent interests as an advisor and, to a limited extent, as a spokesperson for each client. As third party neutral, a lawyer represents neither party, but helps the parties arrive at their own solution. As evaluator, a lawyer examines a client's legal affairs and reports about them to the client or to others. In all professional functions a lawyer should be competent, prompt and diligent. A lawyer should maintain communication with a client concerning the representation. A lawyer should keep in confidence information relating to representation of a client except so far as disclosure is required or permitted by the Rules of Professional Conduct or other law.
James Madison, writing in The Federalist Papers, Number Ten, stated that “divisions” among people, which he famously referred to as “factions,” derive from human nature. (Robert C. Clark) Madison delineated two types of factions: (1) factions of passion that ivide people by their deepest principles, religious beliefs, and morals, and (2) factions of interest that divide people according to their line of work, wealth, and expectations in society. According to Madison, factions are “sown into the nature of man.” (James Madison)The notion that society needs normative ordering simply recognizes the irreducible fact that in human society conflict arises among groups organized in overlapping ways by passion and interest. Society needs to find ways to coordinate people’s activities across that conflict.
Robert C. Clark, Why So Many Lawyers? Are They Good or Bad?, 61 FORDHAM L. REV. 275, 281 (1992).
THE FEDERALIST NO. 10, at 57 (James Madison) (Jacob E. Cooke ed., 1961).