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
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.