Critics charge that LSC law reform litigation lets lawyers dominate their clients.

Evidence

The appropriate relationship between lawyer and client is even more complicated when the lawyer engaged in law reform litigation is affiliated with a legal services agency funded by the LSC. Critics charge that legal services lawyers in “impact cases” dominate the relationship with their clients. Instead of advancing clients’ interests as they define them, the lawyers “use their clients as mere instruments for enacting their own political agendas.” Furthermore, if legal services lawyers claim to be serving a group beyond the individual client, exactly what is that group? If it is the poor in general, on what basis can the lawyer claim to represent their interests, and who gave the lawyer authority to speak for them? Moreover, because LSC lawyers work for the government, how can they justify pursuing policies in political litigation—such as increased welfare benefits or siting public housing in middle-class neighborhoods—that diverge from the policies endorsed by the government? In sum, critics contend that the law reform activities of legal services lawyers go beyond even the traditional relationship between lawyer and client, because the lawyer expects clients to defer not only to his expertise regarding how to serve their interests but also to his view of what those interests are. — G. Alan Tarr, Judicial Process and Judicial…, 761

Categorization

  • QUESTION: This articulates the standing critique of impact litigation as lawyer-dominated; an exam-ready thesis on professional responsibility and who actually authorizes public-interest representation.
  • XREF: connects to: Lawyers in law reform litigation often pursue remedies that diverge from client preferences. — G. Alan Tarr, Judicial Process and Judicial…, 1178; In political litigation lawyers rather than clients control the case’s strategy and aims. — G. Alan Tarr, Judicial Process and Judicial…, 757; The lawyer-client relationship is shifting from professional dominance toward collaboration — G. Alan Tarr, Judicial Process and Judicial…, 756

Broader Connections