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Publication Date

2006

Abstract

Nearly all human beings share an interest to seek peaceful resolution of differences that interrupt what they consider to be the reasonable conduct of their affairs. In our form of government, the legal system reflects and reinforces this basic conception. Our society employs the legal system to avoid or remedy disruptive confrontations that occur among us. One of the important functions performed by the legal profession, or lawyers, is the maintenance and improvement of our legal system in its impact on all of us. Under our shared view of a society governed by law, the legal system touches all activities of individuals or groups and is necessarily complex. In the continuing and evolving development of our social, economic, and physical environments, parts of our legal system fall behind or apart, or otherwise are in need of repair or reform. When these malfunctions of law become apparent, we need to address them to keep the legal system functioning with reasonable efficiency and fairness. These inadequacies in the law, however, can be advantageous to some and exploited by them for unfair advantage. As a consequence, lawyers react differently to these apparent malfunctions; many ignore them, while others utilize them to the advantage of themselves or their clients, or simply take the view that the matter is beyond their concern. Fortunately, lawyers who are truly concerned about the efficiency and fairness of our legal system and who look beyond self- interest can take steps to address the malfunctions and join with others to correct them.

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