Lawyers act as client delegates or as trustees for assumed group goals
Evidence
The ends of lawyering. In his legal practice, Lewis Powell, like most lawyers, served as the “delegate” of his clients; that is, he sought to advance their aims and interests, as they defined them, within the confines of the law. In contrast, Thurgood Marshall served more as the “trustee” for his clients. He sought to advance the interests of his African American clients by promoting political goals that those clients—and other African Americans—could be assumed to share. … Each of these relationships between lawyer and client poses dilemmas. “Delegate” attorneys may face a conflict between the interests of their clients and the demands of justice or the good of society. This conflict, though not confined to criminal law, is clearest perhaps when an attorney defends a guilty client in a criminal case. “Trustee” attorneys may confront situations in which the pursuit of their political goals seems to conflict with the immediate interests of their clients.
— G. Alan Tarr, Judicial Process and Judicial…, 895
Categorization
DEFINE: Defines the delegate-versus-trustee distinction in lawyer-client relations, a core framework for understanding professional responsibility.
XREF: Connects to the earlier chapter material on lawyers’ roles in the judicial system and advocacy ethics. — connects to: A single lawyer can move between distinct roles in the judicial system — G. Alan Tarr, Judicial Process and Judicial…, 889; Ethical ideals differ between client-loyalty and justice-serving lawyers — G. Alan Tarr, Judicial Process and Judicial…, 933; In group litigation lawyers serve the group’s interests, not the individual plaintiff’s — G. Alan Tarr, Judicial Process and Judicial…, 1176 (+6 more)