The Challenge of Democratic Lawyering

Abstract:     
This essay, written for the Fordham Law Review's symposium on The Lawyer's Role in a Contemporary Democracy, argues that a diverse movement of social-change lawyering that has emerged over the past two decades is united by a commitment to fostering robust democratic participation in collective action by low-income and working-class people and people of color. The essay describes the democratic vision that unites these lawyers, with its focus on enhancing ordinary citizens' abilities to act in concert with others in self-government broadly construed. This vision challenges the long-prevailing, thinner conception, which limits democracy to a political process that provides a say in selecting one's representatives and an incentive structure to encourage representatives to act wisely. This essay argues that these democratic lawyers and their partners challenge deep-seated individualistic, aristocratic, and formalistic cultural predispositions in the United States and its legal profession. These prevailing - but contested - predispositions relate to: what democracy means and how we practice it; how we understand individuals and groups, intelligence and expertise; and the relative importance we place on formal rights or on the power of people and groups to change their living conditions.

Accepted Paper Series