Australian Lawyers as Public Citizens

Abstract

In recent years, lawyers have been criticised for advising clients - especially large corporations - to order their affairs in such a way that their interests are achieved, regardless of the harm caused to others. While this advice is legal, the fact that it is given without any consideration of its effect on others is questioned. This debate continues and in effect considers the role of the lawyer in society. However, it is the contention of this article that, in Australia, the recently amended professional conduct rules of both barristers and solicitors prioritise the duty to the court and the administration of justice over the duty to the client, thus requiring lawyers to more specifically consider the effect of their advice on others involved and the public more generally. It is also asserted that initiatives recommended by the Carnegie Report in the USA and the Australian Learning and Teaching Council support this approach, leading to the possibility that future lawyers may be more aware of their professional responsibility to promote justice in service to the community. By referring to the national professional conduct rules of Australia for both solicitors and barristers, and drawing upon the American Bar Association's Model Rules of Professional Conduct and a body of US literature that refers to lawyers as public citizens, this article will argue that Australian lawyers owe a duty to the public in their everyday dealings with clients. In doing so, this article will refer to some theories of citizenship, and what it means for lawyers, in a practical sense, to act as public citizens.