Profession Forward is a new CLE series that examines the current state of legal ethical rules and guidelines and explores how we might consider rethinking these rules in order to move the profession forward. Episode 1 of this series is an exploration of the origins of legal practice and the development of the rules and regulations of professionalism … the principles upon which our profession is built. Where did the rules come from and why? Why do courts regulate admission and why were rules to protect clients and systems developed to ensure justice largely focused on what lawyers think is important for clients, rather than what clients might want? What makes our profession a profession? What is the nature of ethical behavior when applied in the legal context, as opposed to in personal relationships?  And how are lawyers regulated?  In the context of these questions, we will dive into specific ethical rules and concepts, including:

1.0       Competence – what is competence and who has it? Is it related to early education and credentialing or learned practical experience and specialization over time in the field? What does it include and how do we define it?

1.5       Fees for service – how do lawyers charge for services? How do their costs and prices determine or influence access to justice or access to basic legal services?  Should lawyer fees be set based on their input in performing the service, the market price of their expertise, or by the output their services generate? Can fees be shared with others, and if so, how and in what circumstances (the connection to 5.4)? 

1.6       Confidentiality – in an age of increasing transparency and accountability, and the ability to uncover everything that’s been said or done, do privilege and confidentiality continue to outweigh the public’s interest or other stakeholders’ interests?  Is there an appropriate linkage of privilege and privacy concerns today and in the future? 

1.7 and beyond: Conflicts – what does a conflict mean in a modern legal practice and especially in corporate practices where client entities and firms merge and dissolve and re-form on a daily basis? What are the foundational principles of lawyers avoiding conflicts and is there any meaningful way to set more realistic conflict rules for the future? Should the rules on conflicts become even more strict or be relaxed?

5.4       Independence – are lawyers really so weak as professionals that they can’t be trusted to work with other professionals or their clients who aren’t lawyers without caving in to unprofessional behaviors or falling prey to their personal interests and influence?  Do all other collaborators working with a lawyer possess a taint that makes their involvement in working on an issue, matter, or in business with a lawyer suspect? Is everyone else – by definition of our rules – unprofessional?