The duty of representing clients
The term "rule of law," once fundamental to the normative order of our republic, has become a hot discussion topic. For most lawyers, the idea of the rule of law is so entrenched in the fabric of democracy that it is shocking to hear it discussed as if it is controversial.
And yet here we are, watching as lawyers are publicly vilified not for breaking the law, but for doing exactly what the law demands of them: representing their clients with zealous advocacy.
Under Arkansas law, all lawyers admitted to practice take an oath to support the U.S. and Arkansas constitutions. That oath is not conditional. It does not say "support the Constitution, unless your client is unpopular." It does not say "uphold the rule of law, but only when it is convenient or publicly palatable." The oath is absolute, and carries with it the duty of zealous representation.
Zealous representation means that every person, no matter how reviled or controversial, is entitled to competent, committed legal counsel. This is not a loophole in the system. It is the way the system checks itself. The right to counsel is enshrined in the Sixth Amendment, and its purpose is not to protect the popular. The entire architecture of due process exists to ensure that the government cannot deprive any person of life, liberty or property without following the rules, particularly for the........
