Seeking Justice, Preserving Liberty

At the annual Jerome Hall Lecture, presented at the Hastings College of Law on September 19, 2002, Professor Hazard explored the concepts behind the American Bar Association's watchword "ABA Defending Liberty, Pursuing Justice" as it relates to the professional activities in which a large percentage of lawyers are regularly and actively engaged. Professor Hazard contends that although the watchword denotes lofty goals, the concepts of seeking justice and preserving liberty are not inconsistent with fee-forservice representation of ordinary individuals in their business matters. Approximately half of the practicing bar is engaged in the representation of business interests, including for-profit business, non-profits, trade unions or government agencies that regulate private industry. Professor Hazard believes there is a symbiosis that exists among these different players that allows our system of democracy and capitalism to operate.

Thus, the legal services provided to these entities are not inconsistent with the ABA watchword. In sum, both fee-for-service individual representation and representation of business interests are noble pursuits so long as lawyers practice with thoughtful political, legal and moral reflection.