"'Public
Service Must Begin at Home': The Lawyer as Civics Teacher in
Everyday Practice" by Bruce A. Green and Russell G. Pearce
(William & Mary Law Review, Vol. 50, p. 1207, 2009) provides an
excellent basis for something that I consider extremely important to
government ethics, but with which many government ethics
practitioners disagree: going beyond the law in the provision of government ethics
advice (sometimes known as "wise counsel").
What the authors mean by "the lawyer as civics teacher" is that a lawyer's civic obligation is not only to provide pro bono services and the like, externally to one's ordinary practice, but also "to convey to clients the lawyer's understanding of proper civic conduct." The authors note that "when lawyers counsel clients about their legal rights and obligations, and about how to act within the framework of the law, lawyers invariably teach clients not only about the law and legal institutions, but also, for better or worse, about rights and obligations in a civil society that may not be established by enforceable law — including ideas about fair dealing, respect for others, and, generally, concern for the public good." This includes clients'"obligations to obey the law, aspirations to fulfill the spirit of the law, and responsibility to the good of their neighbors and the general public."
What the authors mean by "the lawyer as civics teacher" is that a lawyer's civic obligation is not only to provide pro bono services and the like, externally to one's ordinary practice, but also "to convey to clients the lawyer's understanding of proper civic conduct." The authors note that "when lawyers counsel clients about their legal rights and obligations, and about how to act within the framework of the law, lawyers invariably teach clients not only about the law and legal institutions, but also, for better or worse, about rights and obligations in a civil society that may not be established by enforceable law — including ideas about fair dealing, respect for others, and, generally, concern for the public good." This includes clients'"obligations to obey the law, aspirations to fulfill the spirit of the law, and responsibility to the good of their neighbors and the general public."
