THE PROFESSIONALISM PARADIGM SHIFT - WHY DISCARDING PROFESSIONAL IDEOLOGY WILL IMPROVE THE CONDUCT AND REPUTATION OF THE BAR

Authors
Citation
Rg. Pearce, THE PROFESSIONALISM PARADIGM SHIFT - WHY DISCARDING PROFESSIONAL IDEOLOGY WILL IMPROVE THE CONDUCT AND REPUTATION OF THE BAR, New York University law review, 70(6), 1995, pp. 1229-1276
Citations number
235
Categorie Soggetti
Law
ISSN journal
00287881
Volume
70
Issue
6
Year of publication
1995
Pages
1229 - 1276
Database
ISI
SICI code
0028-7881(1995)70:6<1229:TPPS-W>2.0.ZU;2-H
Abstract
As ''professionals,'' lawyers historically have achieved autonomy from external regulation, distinguishing themselves from businesspersons b ecause their commitment to clients and to public service surpassed the ir financial self-interest. Recently, however, commentators have lamen ted the decline of professionalism in the legal services industry. In this Article, Professor Pearce identifies this shift as a time for hop e rather than as a cause for despair. Applying Thomas S. Kuhn's theory of paradigm shifts, Professor Pearce traces the transformation of law practice from a profession to a business. Explaining that the crisis created by the proliferation of business activities in law practice ca nnot be reconciled with the Professionalism Paradigm, he predicts that a Business Paradigm is emerging. Professor Pearce concludes by sugges ting an approach to the Business Paradigm midway between a pure market approach and the re-creation of the status quo. This ''Middle Range'' approach would continue bar admission while permitting nonlawyers to practice law and substituting market and government regulation for sel f-regulation. Professor Pearce argues that this approach will likely f ree law practice of the taint of hypocrisy, foster a realistic communi ty ethic of commitment to the common good, and improve the quality and delivery of legal services.