Ethics

I really like that title.  Having been mentioned in one of the legal profession's first viral emails, I'm aware that the current generation of law students has quite different norms about the use of information.  When the viral information exposes a law firm or law school lie that is damaging to students, lawyers or clients, and doesn't expose a client confidence, I'm not particularly disappointed (e.g., stealth layoffs).  But I'd still draw the traditional line with respect to client confidences. (Maybe the counter article, by clients, would be "I can still haz confidentiality?")  The abstract to Lucille Jewel's article:

The Internet allows citizens to comment on public affairs with an amplified and unfiltered voice, creating an open, community-based culture where robust debate flourishes. However, many of the ideals and practices of participatory culture clash with the traditional legal culture as it exists in the United States. This cultural conflict can be seen in emerging narratives, in the form of web blogs and lawyer emails that go ?viral,? in which lawyers comment on the lack of humanism within big law firm hiring and firing practices; expose the alienating work environments experienced by low-level contract attorneys; or criticize judges who show hostility toward criminal defense attorneys. 



From a critical standpoint, these narratives tell the story of a broken legal profession, implicitly arguing that the liberal humanism that the profession supposedly embodies does not apply to all lawyers. These stories are, in effect, structural critiques of the profession. Nonetheless, these missives have the potential to run afoul of ethical rules and professional norms that prohibit attorneys from impugning the integrity of the judiciary and the legal profession. Because these narratives provide a valuable critique of the profession, however, ethical rules or professional norms should not operate to shut these stories down. As the democratic ideals inherent in participatory culture become more deeply embedded in our society, the legal profession should also evolve and embrace a more pluralistic and unconstrained approach toward professionalism. 



Part I of this Article describes the characteristics of participatory culture relevant to the legal profession. Part II explores the emerging format of the online lawyer narrative and Part III analyzes the professionalism issues raised by these new narratives.