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Clients, Colleagues, and Community: The Shaping of Zealous Advocacy in Country Law Practice
Published online by Cambridge University Press: 20 November 2018
Abstract
This exploratory study examines the impact of context on the exercise of one dimension of professional responsibility—zealous advocacy. The context selected for observation is the small town (population 20,000 or less), where lawyers work under conditions of high visibility, scrutiny, and accountability. The study suggests that in the small town, the lawyer works in a system where expectations of clients, community, and colleagues possess a high degree of salience for the manner in which he works. The expectations of these separate groups tend to converge on the issue of zealous advocacy and result in the rural attorney's being less likely to exploit the possibilities for adversary combat. The definition of “zealous advocacy” under which he works is shaped in the context of his practice, not in the content of his law school socialization.
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References
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While there might be sympathy for those who suffered in (personal injury accidents), it was considered highly improper to try to “cash in” on them through claims for damages. Money was viewed as something one acquired through long hours of hard work, not by exhibiting one's misfortunes to a judge or a jury or other thud party, even when the injuries were clearly caused by the wrongful behavior of another. Such attitudes were further reinforced by a constant awareness of living in a small and close-knit community. It would be awkward to sue or otherwise assert a claim against someone in the community with whom the plaintiff and the plaintiff's children and friends would continue to interact for many years in the future.
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