Sir Thomas More: Legal Ethics and Public Interest Law

Sir Thomas More (7 February 1478 — 6 July 1535) was an English lawyer, author, and statesman. During his lifetime he became a leading humanist scholar, served as Henry VIII’s Lord Chancellor from 1529 to 1532, and published Utopia in 1516. He was executed as a traitor for standing up for his convictions in opposing King Henry VIII's claim to be the supreme head of the Church of England. In 1935, More was canonized in the Catholic Church by Pope Pius XI as Saint Thomas More and later declared the patron saint of lawyers and statesmen.

I hear many stories of high school students and undergraduates aspiring to the legal profession not for the pursuit of justice, knowledge, or some other altruistic motivation. Instead the repeated response given is that they want to make money. Of course law schools are happy to cater to that pursuit. There have been very few advances and incentives for encouraging careers in public interest law, and the majority of graduates from ABA-accredited law schools still go to private law firms. Also consider that states like Texas do not require pro-bono work in the Texas Disciplinary Rules of Professional Conduct (it is only recommended).

How many lawyers today would be willing to stand up for their convictions and faith against the state? So what should an attorney do if s/he has a client they know is guilty but they have an excellent chance of convincing a jury of his innocence without breaking any laws (including the code). Should the attorney tell the prosecutor and/or the public? Well consider this point well. The ultimate penalty for disobeying the legal code of ethics doesn't involve death of person (as was the case with Thomas More), but it does mean the death of one's ability to practice the profession of law.

How many top-of-their class law students would be willing to sacrifice the potential for a lucrative firm position to work in public interest law? Today laypersons and lay groups have attacked legal codes of ethics (such as the Texas Disciplinary Rules of Professional Conduct) as self-serving of the profession rather than protecting the morals and values of society. There are also attacks that the legal profession fails to adequately serve those who need it most - those in the lowest socioeconomic stratum. What would be the most effective incentive (moral, financial, etc.) to produce a change in the career aspirations of law students and practicing attorneys?