The Role of Public Citizen and the Rule of Law

The Preamble to the Model Rules of Professional Conduct defines a lawyer as having three roles: 1. A representative of clients; 2. An officer of the justice system; and 3. A public citizen with the special responsibility for the quality of justice. In addition, the Preamble emphasizes the importance of a self-governing profession to the rule of law and provides, “[a]n independent legal profession is an important force in preserving government under law, for abuse of legal authority is more readily challenged by a profession whose members are not dependent on government for the right to practice.” While all lawyers have had the obligation to uphold the rule of law and safeguard democracy, the role of public citizen has often been largely invisible or, at a minimum, relegated to pro bono or public interest work. In this current moment, when the foundation of our democracy is being challenged and the rule of law questioned, how can the role of public citizen be used to teach law students about what it means to be a lawyer? How does this definition of lawyer as public citizen inform how we teach our students about the lawyer’s role in democracy, the rule of law, and as the safeguards of justice?