[textbook]Traversing the Ethical Minefield Problems, Law, and Professional Responsibility by Susan R. Martyn (z-lib.org)(1) (1)

the peaceful resolution of private disputes between citizens and the protection of the
minority from loss of their rights to the majority, either at the ballot box or through force.
In order to be viable in delivering on these goals, a justice system must be both
trustworthy and trusted. The judicial branch of our government was created powerless to
enforce its own decisions; it relies on the respect of litigants for adherence to the law it
declares, or, if necessary, actions of the executive branch. It is, to be sure, a living example
of “the consent of the governed.” To be accorded respect among the people it serves, it
must be perceived as fair. . . .
Lawyers as Officers of the Court . . .
. . . Because the ready availability of lawyers is necessary to ensuring the perception, and
indeed the reality, of fairness, their accessibility as officers of the court is necessary not only
to the preservation of the justice system itself but to the ordered liberty of our society. . . .
Monopoly of Lawyers. . .
The practice of law — that is, the representation of others before the civil courts — is
not simply a private enterprise. It is, in addition, a contribution to society’s ability to
manage its domestic affairs, a necessary condition of any civilized culture. Attorneys have a
unique relationship to government not shared by other licensed groups. This relationship,
which has been described as “symbiotic,” places attorneys in “an intermediary position
between the court and the public” where they are “inextricably linked to the public sector
despite [their] dual position as a private businessperson.”
By virtue of this special relationship between the bench and the bar, courts are
dependent upon attorneys to aid in carrying out the administration of justice. While other
professions also contribute to private gain and to the betterment of society’s standards of
living, no other group holds the exclusive key to meaningful participation in a branch of
government and the protection of rights. This monumental difference between attorneys
and other licensed groups justifies imposition of different conditions on the practice of the
profession.
Ethical Obligation of Lawyers
An additional justification for the court’s exercise of inherent power to compel
representation is the ethical obligation of attorneys to provide representation to indigent
litigants. . . . [The court cites Model Rule 6.1.]
While these obligations are not expressed in mandatory terms, they clearly indicate that
service to the indigent is an essential characteristic of any ethical attorney. Two aspects
deserve further attention.
First, these moral and ethical obligations to provide legal services to the poor do not
exist merely to prompt the practicing lawyer to be a “good” person, respected in the
profession. Rather, they are a recognition of the critical role of the lawyer in ensuring the
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