【作者】理查德 L.埃贝尔
【内容提要】
Neither the ABA nor the Kutak Commission dwells on why the profession has rules or why they are in need of revision. The reason must have seemed too obvious: "clarification of the ethical judgments lawyers must daily make in the practice of law."'Implicit in that goal are the following premises: Lawyers constantly encounter ethical dilemmas; the law and morality that guide the rest of society are inappropriate to resolve those dilemmas; the profession has unique competence to discern and respond to those problems; by declaring norms, the profession can guide the conduct of its members, who wish to behave ethically and look to the profession to define ethical conduct; to the extent that guidance, exhortation, and informal pressures are insufficient, conformity can be secured by the professional disciplinary apparatus.
This, of course, is simply the instrumental justification commonly offered for law, here applied to rules of professional conduct: they function to shape behavior through instruction and sanction……