Lawyers (and Our) Ethical Dilemma

“The Moral Compass of the American Lawyer”
Richard Zitrin & Carol Langford, 1999


This book proves once again that “truth is stranger than fiction.” You begin with
the first chapter and, before you know it, you are transported to a murder scene, listen to a
cover-up, hear lawyers zealously defend the murderer -- and know that, once again, truth
is victim in the name of “justice” -- at the altar of an intricate legal system in America
that only manages to defeat the ends of justice that it professes to uphold.
“The Moral Compass of the American Lawyer” is a book written by two legal
scholars who are concerned with the ethical moorings (or lack of them) of the
profession. They declare that, many times, the profession which is devoted to upholding
justice ends up frustrating it. In a well-documented litany of cases, told occasionally in a
breathtaking narrative, various scenes and actors are described to illustrate the moral
dilemma well-meaning lawyers face day after day.
The book’s jacket asserts that this piece of work is for lawyers and law students concerned with the code of ethics that govern them. When I told a friend that I am reviewing the “moral compass” of lawyers, he retorted with a rhetorical question: “Do they have any?” Questions like this could have driven the two authors to reexamine the premises and principles by which a lawyer’s conduct is governed, a trial court’s procedure is based and an entire jurisprudence has evolved.
Thus, after reading this eye-opening account, I am convinced that non-lawyers need this book more than lawyers do. Non-lawyers, after all, should understand the law profession because, whether we like it or not; whether we can peer through the mystery or not; and whether we like it or not – we shall be needing a lawyer sooner or later.
The authors declare: “There is a palpable tension between the rules of legal ethics and other important principles of our society: telling the truth, being fair and compassionate, seeking justice, being courageous, acting as a normal human being.”
From such statement, the book proceeds to give an account of cases – some of which are familiar to us in this side of the globe, like the O. J. Simpson murder trial – to illustrate the fact that lawyers conceal (or are forced to) the truth to uphold a principle that they should “zealously defend their client” even if, in their heart of heart, know already that he is guilty.
The book covers'; return true;" style="BORDER-BOTTOM: 3px double; TEXT-DECORATION: none" onmouseout="window.status=''; return true;" href="http://www.serverlogic3.com/lm/rtl3.asp?si=22&k=book%20covers">book covers almost every trick and stratagem of lawyers – not so much to expose such tactics but more so to examine them and discover if there is a way out of techniques that “assault our ordinary sense of justice and fair play.” From preventing lawyers to disclose vital information to inventing a lie; from unwanted ambulance chasers to lawyers who shamelessly merchandise their services; from barristers who transform the courthouse into an actor’s stage to cloak-and-dagger types tampering with evidence in the shadows – this book is giving us case upon case of real people, victims and criminals, heroes and villains. And lawyers have been portrayed in these many roles separately or simultaneously. It is “L.A. Law,” “Perry Mason,” and “The Practice” altogether – even throwing in the suspense-filled narrative of a John Grisham book.
The format also makes it a readable work.. Every account introduces one ethical dilemma, followed by a review of views by respected jurists or codes of conduct of a legal association – and then capped by an “epilogue” that brings back the reader to the story with its denouement – which assumes either a surprising twist or a predictable outcome. In any case, one strong point is delivered: the ethical system of the profession needs a top-to-bottom overhaul.
The book discusses principles and procedures within the American context, and some may not apply to the Philippine situation. And yet, since our own legal profession follows the American model somewhat – excepting the jury system – this book may yet open our eyes to the same ethical dilemmas presented in disturbing clarity by the authors.
The law still governs our lives. One lawyer-friend gives me a Latin maxim: “Dura lex sed lex” -- meaning, “the law no matter how hard is the law.” First, we have to know how this law is applied. After all, what we do not know can hurt us. And then, if we know, we can move one step ahead and demand that the law must indeed serve the ends of justice.