Preamble
The practice of law is a public trust. Lawyers are the
trustees of the system by which citizens resolve disputes among themselves,
punish and deter crime, and determine their relative rights and
responsibilities toward each other and their government. Lawyers therefore
are responsible for the character, competence and integrity of the persons
whom they assist in joining their profession; for assuring access to that
system through the availability of competent legal counsel; for maintaining
public confidence in the system of justice by acting competently and with
loyalty to the best interests of their clients; by working to improve that
system to meet the challenges of a rapidly changing society; and by
defending the integrity of the judicial system against those who would
corrupt, abuse or defraud it.
To achieve these ends the practice of law is regulated by the
following rules. Violation of these rules is grounds for discipline. No
set of prohibitions, however, can adequately articulate the positive values
or goals sought to be advanced by those prohibitions. This preamble
therefore seeks to articulate those values in much the same way as did the
former canons set forth in the Illinois Code of Professional
Responsibility. Lawyers seeking to conform their conduct to the
requirements of these rules should look to the values described in this
preamble for guidance in interpreting the difficult issues which may arise
under the rules.
The policies which underlie the various rules may, under
certain circumstances, be in some tension with each other. Wherever
feasible, the rules themselves seek to resolve such conflicts with clear
statements of duty. For example, a lawyer must disclose, even in breach of
a client confidence, a client's intent to commit a crime involving a serious
risk of bodily harm. In other cases, lawyers must carefully weigh
conflicting values, and make decisions, at the peril of violating one or
more of the following rules. Lawyers are trained to make just such
decisions, however, and should not shrink from the task. To reach correct
ethical decisions, lawyers must be sensitive to the duties imposed by these
rules and, whenever practical, should discuss particularly difficult issues
with their peers.
Timely, affordable counsel is essential if disputes are to be
avoided and, when necessary, resolved. Basic rights have little meaning
without access to the judicial system which vindicates them. Effective
access to that system often requires the assistance of counsel.
It is the responsibility of those licensed as officers of the
court to use their training, experience and skills to provide services in
the public interest for which compensation may not be available. It is the
responsibility of those who manage law firms to create an environment that
is hospitable to the rendering of a reasonable amount of uncompensated
service by lawyers practicing in that firm.
Service in the public interest may take many forms. These
include but are not limited to pro bono representation of persons unable to
pay for legal services and assistance in the organized bar's efforts at law
reform. An individual lawyer's efforts in these areas is evidence of the
lawyer's good character and fitness to practice law, and the efforts of the
bar as a whole are essential to the bar's maintenance of professionalism.
The absence from the proposed new rules of ABA Model Rule 6.1
regarding pro bono and public service therefore should not be
interpreted as limiting the responsibility of attorneys to render
uncompensated service in the public interest. Rather, the rationale for the
absence of ABA Model Rule 6.1 is that this concept is not appropriate for a
disciplinary code, because an appropriate disciplinary standard regarding
pro bono and public service is difficult, if not impossible, to
articulate. That ABA Model Rule 6.1 itself uses the word "should" instead
of "shall" in describing this duty reflects the uncertainty of the ABA on
this issue.
The quality of the legal professional can be no better than
that of its members. Lawyers must exercise good judgment and candor in
supporting applicants for membership in the bar.
Lawyers also must assist in the policing of lawyer
misconduct. The vigilance of the bar in preventing and, where required,
reporting misconduct can be a formidable deterrent to such misconduct, and a
key to maintaining public confidence in the integrity of the profession as a
whole in the face of the egregious misconduct of a few.
Legal services are not a commodity. Rather, they are the
result of the efforts, training, judgment and experience of the members of a
learned profession. These rules reflect the sensitive task of striking a
balance between making available useful information regarding the
availability and merits of lawyers and the need to protect the public
against deceptive or overreaching practices. All communications with
clients and potential clients should be consistent with these values.
The lawyer-client relationship is one of trust and
confidence. Such confidence only can be maintained if the lawyer acts
competently and zealously pursues the client's interests within the bounds
of the law. "Zealously" does not mean mindlessly or unfairly or
oppressively. Rather, it is the duty of all lawyers to seek resolution of
disputes at the least cost in time, expense and trauma to all parties and to
the courts.