Comment by M.A. Cunningham
Justice Frankfurter's words stand as an ominous reminder of the unique and powerful position attorneys have within American society. For unlike corporate executives whose sphere of control is at least facially limited to the private sector, lawyers bridge the gap between the private and public worlds. Moreover, unlike elected public officials, their work within the public sector is unregulated by the principles of a democratic society. Rather, as you will see, attorneys regulate themselves, and, like police officers and doctors, attorneys protect their own in an effort to protect their overall position. Even the great benefactor of the American lawyer, Alexis de Tocqueville, recognized that “like most other men, lawyers are governed by their private interests and the advantages of the moment.” Thus, in our society, there exists a group of individuals who act outside the view of the public and yet have a direct impact on the fundamental rights of the public. The many dangers present in this situation have been discussed for time immemorial. This Comment, however, limits itself to addressing the dangers inherent in allowing an autonomous and powerful group, namely lawyers, to regulate the admission of its own members.
About the Author
M.A. Cunningham.
Citation
66 Tul. L. Rev. 1015 (1992)