I believe that a lawyer’s success depends both on his internal structure, virtue, and the moral principles he or she abides by, as well as the external environment and circumstances encountered in his or her activity. However, nowadays the legal profession is going through an ethical crisis.
In this context I wonder to what extent do lawyers maintain their set of ethical codes and conduct to reach the wanted victory in Court and, implicitly, in professional life? Given the commercialization of the legal practice, do old juridical principles still apply in the profession?
Throughout this paper I will present the legal profession as it is today and then analyze the way in which Aristotle’s and Lincoln’s ethical principles still apply to the modern-day lawyer.
In Plato’s days, lawyers were feared because of their ability to debate. Now, this ability stands at their very nature, since they must keep a critical attitude and constantly search for solutions. Faced with the current economic conditions, the legal practice is becoming more and more a commercial, profit-based, corporate profession. Beyond the legal ethics journals and the ethics courses taught in law schools, it is ultimately each lawyer’s responsibility to adopt an ethical conduct.
One of the first treaties on ethics was created by Aristotle. According to him, someone whose life is guided by practical reason will develop and exercise it while attaining his or her goals. This automatically implies that a wise person is unlikely to choose as primary goals those depending heavily on fortune and external circumstances (Sherman, 1999). In Aristotle’s view, law is reason, free from passion. Although the rational element dominates, a person is also expected to be just and brave to face the penalties this attitude might imply, while cultivating rigidity and stability in character (Sherman, 1999).
Although Aristotle was not a lawyer, his set of principles influenced the later legal systems. To him, practical wisdom, the equivalent of today’s sound judgment, is the foundation of the practice of law. The context is crucial in each case, so the lawyer must be able to exercise this judgment depending on circumstances, beyond the strict letter of the law. Another trait a successful lawyer should have, according to Aristotle, is the ability to judge human character, its complexity, and its irrational side. However, one can only get this by connecting with all types of clients, outside the abstract of legal books.
Aristotle believed that in the legal field it is very important to find people who stand as role models, because of their inspirational decisions. One of them was Abraham Lincoln, more famous for his political life than for his competences as an advocate of his people. What most of us probably do not know is that Lincoln represented the most powerful economic machine of the nineteenth century – the railroads. He handled over 5,600 cases along a career which lasted 24 years and was the attorney for four cases brought before the United States Supreme Court.
One might ask, for example, how was he able to defend the railroads and endorse the workers who sued the railroad, at the same time. Although he had a practical character, he was not prepared to make a moral compromise regarding the sensible issue of slavery in the United States. How can the modern-day lawyer apply Lincoln’s pragmatism and idealism into the profession?
Just like Lincoln, the lawyer should be self-disciplined and passionate about his/her work, ethical without being perfect. The lawyer must contribute to the public good, but become a fierce advocate when needed. Lincoln’s realities were very similar to the legal environment today. If he were still alive, he would probably be a partner at a prestigious law firm. Even though the legal profession underwent considerable changes since Lincoln’s time, choosing him as a role model for today’s lawyers can be justified by the fact that he represents a tangible character. His ethical law standards should be maintained. Those include reasonable fees, public service, litigation fairness, competence, confidentiality, and loyalty.
In 1854, Lincoln handled a famous case. Cyrus H. McCormick invented in 1834 a reaping machine that revolutionized the farming industry. McCormick sued John H. Manny in 1854 for infringement of his patents. Manny enlisted the services of George Harding and the case was set to be heard in Chicago. The elite team of patent and trial lawyers chose Lincoln as the main attorney. However, as the trial date grew closer, the case was moved to Cincinnati. Lincoln was informed by the attorney Edwin McMasters Stanton, who had been added to the defense team, that he would no longer be part of the litigation at all. Although the McCormick affair does not seem to show Lincoln’s abilities as a lawyer, it speaks a lot about his ethical qualities. He never argued or participated in the case, but he chose to remain in Cincinnati for a week, to observe the trial. Lincoln’s actions in this case show his humility, his recognition of what he lacks, beyond the arrogance instituted by the bar. Lincoln exhibited a raw will to progress, which ultimately determined an impressive diligence.
Lincoln never considered himself one of the premier legal scholars of his time, but he compensated for that by hard work. He argued that one’s resolution to succeed is more important than any other thing. Lincoln believed and showed that through determination and will one can become a successful lawyer. The example above is a perfect illustration of the fact that justice always needed its representatives to be concerned with the common good of the community, thus ensuring the progress of society. However, the external goods also contribute to a person’s welfare, since many actions are performed by means of friends, money, and political power (Sherman, 1999, p. 42). From this point of view, many lawyers now believe they can get the best results by being less concerned with the justness of the necessary actions that must be carried out to triumph. But, when bearing in mind Aristotle’s and Lincoln’s ethical models, lawyers will act promptly, with due diligence, adequate preparation, and competence in representing their client.
It is clear that the legal system is an imperfect institution. While fostering justice, it must interact with every breed of criminality and injustice (Ellis, 2009). Aristotle believed that law is a compromise between moral principles and practical possibilities. Daily, lawyers are faced with barriers like involution, lack of morality, the ordinary citizen’s skepticism regarding the judicial system, and the general loss of faith in the concept of justice. Despite all these, they must remain confident in their calling and in the greater purpose existing beyond the profession. A great lawyer is not the one who only applies the law, but the one who constantly enriches his or her expertise.