by Professor Patrick Longan, William Augustus Bootle Chair in Professionalism and Ethics at Mercer University School of Law

In October, 2024, the Mercer Law Review held a symposium entitled, “Parts of a Whole: The Multiple Roles of a Lawyer and Professional Identity.” As the readers of this blog know, the accreditation standards for law schools were amended in 2022 to require every school to provide students with substantial opportunities for the development of a professional identity. The guidance for that new standard contains this statement: “The development of professional identity should involve an intentional exploration of the values, guiding principles, and well-being practices considered foundational to successful legal practice.”

At Mercer, we have devoted much time and effort to identifying the values, guiding principles, and well-being practices that are universal for all lawyers – the ones that are non-negotiable.[1] With this symposium, we sought to take the next steps, to explore how those values play out in different roles that lawyers play, to determine whether there are additional aspects of professional identity that are required in those roles, and to consider whether those lessons should lead us to revise our thinking about what is non-negotiable for all lawyers.

For example, Professor Mark Brown and I contributed an essay on professional identity and “cause lawyering.” After identifying Mercer’s list of required values and guiding principles for all lawyers (competence, fidelity to the client, fidelity to the law, public spiritedness, civility, and practical wisdom), we write about the special challenges that cause lawyers face in living up to those expectations. For example, a cause lawyer might be tempted to sacrifice fidelity to a client in the name of the cause. Or they might treat opposing counsel with a lack of civility because those lawyers oppose the cause. Professor Brown and I then identify one aspect of professional identity that was not on the original list of universal values and guiding principles but that is necessary in this role – the cause lawyer accepts personal moral responsibility for the consequences of their professional actions.

Professor Brown and I then make the argument that acceptance of such responsibility should be an aspect of every lawyer’s professional identity. It, like competence, fidelity to the client, etc., should be non-negotiable. We disclaim any interest in teaching students what their moral values should be, but we contend that, as a well-being practice, it is important to align your values with your work. This is not a new argument, and it has been presented persuasively in recent works by Judge William Duffey[2] and Professor Katya Cronin.[3] But we thought the point emerged clearly from the discussion of cause lawyers and that, viewed as a well-being practice, it fit well with the ABA guidance on what law schools should be teaching about professional identity.

You may find the other articles from the symposium instructive:

• Fundamental Dimensions of Law and Legal Education: Developing a Model of a Modern Legal System and Its Application to the Transnational Dimensions of Law
  by Mark L. Jones
• Current Events in Legal Classrooms: Enhancing Professional Identity Formation
  by Stevie Leahy
• Expressing Sincere Gratitude in Writing: A Modest Step Towards Being a Better and More Effective Lawyer
  by Bret Rappaport
• Professional Identity in Context: The Transactional Business Lawyer as Counselor and Leader
  by Joan MacLeod Heminway
• Professional Roles Expanded: Holistic, Systemic, & Optimistic Lawyering
  by Douglas B. Ammar
• The Lawyer’s Obligation as Public Citizen
  by Gene R. Nichol
• The Pressure Points of Professional Identity for Judges in the Modern Era
  by Charles Gardner Geyh

These articles, along with transcripts of the symposium’s sessions and Mary Smith’s keynote address, are available at https://digitalcommons.law.mercer.edu/jour_mlr/vol76/iss3/.

[1] See Patrick Longan, Daisy Floyd, and Timothy Floyd, The Formation of Professional Identity: The Path from Student to Lawyer (2023).

[2] William S. Duffey, Jr., The Significant Lawyer (2021).

[3] Katya S. Cronin, Value-Centered Lawyering: Refocusing the Law School Curriculum to Promote Well-Being, Quality Client Representation, and a Thriving Legal Field, 101 U. Det. L. Rev. 257 (2024).