The Rule of Law, The Lawyer's Role as a Public Citizen, and Professional Identity: How Fostering the Development of Professional Identity Can Help Law Schools Address the Crisis Facing American Democracy

Abstract

American democracy is in crisis. The January 6, 2021, attack on the U.S. Capitol must serve as a renewed wake-up call for the legal profession. We can no longer keep our heads down, focused solely or even primarily on serving our clients, without being mindful that what we do every day as lawyers starts and ends with our duty to uphold the rule of law and our system of justice. By training the lawyers of tomorrow, American law schools are uniquely positioned to elevate the role of the lawyer as a public citizen charged with upholding the rule of law and remedying injustice. Accordingly, this article will explore the intersection of the Preamble’s definition of lawyer “as public citizen” with law student professional identity formation and training on cross-cultural competence, racism, and bias required by ABA Standards 303(b)(3) and 303(c). This intersection provides a crucial means to help students discern their role as future lawyers and empower students in their duties to protect the rule of law as the foundation of democracy, provide access to justice, and make change where the law has created injustice.

Keywords: professional identity, professional identity formation, democracy, public citizen, zealous advocacy, law schools, hidden curriculum, Standard 303(b)(3), Standard 303(c), rule of law, justice, cultural competency, racism, bias