Virtue in the Legal Profession and the Culture of Law Schools, Firms
Legal practice itself has migrated from one culture (professionalism) to another (commerce).
July 21, 2023 at 05:33 PM
7 minute read
CommentaryDuring the Conference on Psychology and Lawyering that Professor Jean Sternlight hosted at the William S. Boyd School of Law a few years ago, my friend Professor Nancy Rapoport and I spoke about the psychology of legal ethics. Drawing on my humanities background and her social science background, we discussed the importance of understanding the incentives that encourage lawyers to behave in certain ways. As we prepared for the conference and made our presentations, we realized that not only do the incentives that organizations develop—intentionally (through policies and procedures) or inadvertently (through the unintended consequences of those policies and procedures)—have profound effects on behavior, but that the classical concept of "virtue"—as the development of habits that shape character—can help people interact with those incentives. So we set out to explore the concept of "virtue" as it relates to how lawyers bill their clients. That exploration culminated in an article, "Virtuous Billing." But I had been interested in the larger topic of "virtue in the professions" for several years (and remain so today) and believed that our article did not exhaust the generative possibilities of "virtue" as a touchstone for separating professionalism from self-interest. To that end, in what follows here and in future installments of this series, I will yoke my earlier thoughts (as helpfully edited by Nancy!) about a classical understanding of virtue to a contemporary conception of professionalism as interpretation.
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