I think Professor Moglen once said that the concept of giving money to the poor while earning money as a corporate lawyer is all good, but it assumes that the work itself has a neutral moral value. Does that imply that being a corporate lawyer is (or could be) immoral? What is so different between being a corporate lawyer and being a blue collar worker? We respect people working in the Ford factory because they work hard to make an honest living. Aren’t they both trying to make a living to support themselves and their family? Is there more difference than their income?

As far as I know, corporate lawyers help the corporation’s transactions to be more efficient. Wouldn’t assisting with the corporation’s transaction help the corporation, and in turn help the workers in the corporation? One answer that I could think of was that the profit yielded by the corporation does not get equally distributed to these workers, but I wasn’t sure if that answers everything.

Also, don’t we need corporate lawyers? Let’s say all of us don’t want to be corporate lawyers… then who are supposed to do the job of corporate lawyers? Who should be the corporate lawyers then, if we think we shouldn’t be?

Is it because corporate lawyers cannot choose their clients? We did say that representing an immoral person is not immoral in itself… Robinson was not considered immoral because he represented criminals. Also, corporate lawyers are not completely without choice. I heard from a corporate lawyer when the client acts dishonestly (i.e. lies), the lawyer can refer to an ethics committee and there is a choice of not representing the client. Maybe it is because the choice is limited… I assume that the decision to not represent your client would usually be the last resort. But, if the lack of a choice makes a corporate lawyer immoral, don’t most people do not have much choice anyway?

Is being a part of the capitalist system, being a canned meat in the factory line, bad? Maybe it is a concern of elitists, when majority of people have to just accept being a part of the system. But maybe we need to do something because we have had more privilege in our lives than most people. Maybe we have to make a change on behalf of people who do not have that privilege. If we can make a change in the system with the resources and power we have, but choose to not do it, maybe that is why it is irresponsible, and maybe even immoral.

-- EstherKwak - 24 Feb 2009

Factory workers and corporate lawyers work to support our family, but they also want to be able to be proud to tell their kids what they do for a living, which amounts to telling them why what they do is good for society. In answering that question, both the worker and the lawyer have no choice but to have faith in the justifications offered by Ford and the law firm for their own existence. For both, this amounts to faith in the general capitalist system, as well as some more particular loyalties: maybe suburbs and road trips for the Ford employee, and the legal system for the law firm.

The difference between the factory worker and the corporate lawyer is that the factory worker probably doesn't have much of a choice to work elsewhere. The corporate lawyer does, however. So in choosing to support a family through corporate law, the corporate lawyer is choosing to put her faith in capitalism, the legal system, etc. The real question, then, is not whether corporate law is immoral, but whether the economic and legal system are immoral. If the answer is yes, and corporate law is so intertwined with those systems that there is no legitimate possibility of “changing the system from within,” then I think we have to conclude that corporate law is immoral.

-- MichaelDreibelbis - 24 Feb 2009