Legal Ethics in the American Practice of Law

Abstract

The author examines in this article the professional legal ethics in the United States, more commonly known as “professional responsibility”, as a subject to an unusual pattern of “codification”. Detailed rules historically originated with the legal profession itself, initially in legal doctrine and then a Code of Ethics published in 1887 by the Alabama State Bar Association. Whatever borrowing occurred among states when introducing their own “codes of ethics”, the Alabama model was drawn upon when, in 1908, the American Bar Association approved “32 Canons of Professional Ethics”. The sources of law regulating the professional conduct of lawyers in the United States are several. The legal ethics within state courts is regulated by the courts, the legislative (or parliamentary) organ, and the Bar of each state. Professional responsibility, in the spirit of David Hoffman, has become an integral part of legal education and licensing. Law students take a compulsory course in professional responsibility and are required to pass the Multistate Professional Responsibility Examination administered nationally in the United States by the National Conference of Bar Examiners. The author concludes, that legal ethics has been an integral part of American legal education since the early nineteenth century. In the twentieth century the legal profession itself introduced “private” canons of ethics which were then accepted by the highest courts in virtually all states as rules of professional conduct binding upon all members of the Bar. It remains a distinctive element of the American legal system that binding rules of professional conduct are formed mostly by the courts, and not by the legislature. These rules are initially “codified” by a voluntary non-State organization, adopted by the courts, and then applied by the courts in cases which ultimately become components of the law of precedent; that is, a separate and distinct source of law.