Beyond The Model Rules - Thomas M. Cooley Law School

602 THOMAS M. COOLEY LAW REVIEW [Vol. 26:3. . . I will remember that, in addition to commitment to myclient’s cause, my responsibilities as a lawyer includedevotion to the public good. 65While the Model Rules are expected to be carried out as law, theLawyer’s Creed, with its aspirational undertones, is not. The Lawyer’sCreed is meant to influence and persuade lawyers to elevate their personalethical standards. If this is the intention, it begs the question as to whetherthe creeds are actually persuasive. Although a definitive answer isimpossible, most would agree that the rise of these creeds has failed tocreate an ethical renaissance in the legal profession.B. The Limitations of a “Code/Creed” ApproachThe Model Rules remain the official form of guidance for lawyerbehavior. In light of this, other codes and creeds easily end up appearingsuperfluous. The obligatory Model Rules encourage those referring tothem to think a certain way—in terms of what is allowed and what is not.The aspirational documents like the Lawyer’s Creed, however, arevoluntary and wish to encourage one to not only avoid discipline, but tostrive for virtue above the required minimum standard for conduct. 66 Yetthe fact that these creeds are separate from the Model Rules frustrates thisattempt. To a mindset already conditioned by mandatory, black-letterstatements, voluntary creeds often seem less than compelling. For lawyersto actually follow the guidelines of something like the Lawyer’s Creed,they must be inspired or personally motivated to do so. Because theLawyer’s Creed is voluntary and not legally enforceable, the source of thisinspiration must be old-fashioned conscience. In other words, the lawyermust be inspired to act ethically for the sake of acting ethically. Herein liesthe difficulty. A lack of conscience and ethical drive are the very problemsthat the aspirational creeds try to solve. These creeds, therefore, are not aremedy but rather a symptom of the disease. Outside of the classroom andContinuing Legal Education (CLE) hypotheticals, with clients at stake, alawyer is unlikely to be motivated by any document such as the Lawyer’sCreed unless the lawyer already possesses a strong ethical conscience.IV. ARISTOTLE’S THEORYThe argument proffered above—that voluntary, aspirational creeds areunlikely to affect any but the most ethical attorneys and, therefore, have aminimal impact on attorneys at large—is based on a rationale that can be65. Lawyer’s Creed, supra note 64, at 499.66. Id. at 497-98.