Ethics

The NYT reports on the ACLU's new suit, challenging what it characterizes as the federal government's control over who may represented American-born Anwar al-Awlaki.  The ACLU complaint is here.

The allegations bring to mind these portions of the Preamble to the Model Rules (emphasis added).  When I first started teaching PR, the quoted language seemed self-serving and even over-reaching, but during the Ashcroft and Gonzales eras, the text carried more bite.

[10] The legal profession is largely self-governing. Although other professions also have been granted powers of self-government, the legal profession is unique in this respect because of the close relationship between the profession and the processes of government and law enforcement. This connection is manifested in the fact that ultimate authority over the legal profession is vested largely in the courts.

[11] To the extent that lawyers meet the obligations of their professional calling, the occasion for government regulation is obviated. Self-regulation also helps maintain the legal profession's independence from government domination. An independent legal profession is an important force in preserving government under law, for abuse of legal authority is more readily challenged by a profession whose members are not dependent on government for the right to practice.