The Lawyer's Conscience: A History of American Lawyer Ethics

In 1776, Thomas Paine declared the end of royal rule in the United States. Instead, “law is king,” for the people rule themselves. Paine’s declaration is the dominant American understanding of how political power is exercised. In making law king, American lawyers became integral to the exercise of political power, so integral to law that legal ethics philosopher David Luban concluded, “lawyers are the law.”

American lawyers have defended the exercise of this power from the Revolution to the ...