Challenges to the Legal Profession in a "Liquid Society"

Abstract

The experiences of the 20th century shaped the concept of a democratic society based on the rule of law and also defined the role of the bar as an institution entrusted with protection of the rights of citizens against abuses by the authorities and other persons. However, often unnoticed, yet always in the name of improving security and protection of moral values, institutions of a democratic state of law that arose after World War II are being threatened or liquidated. We are witnessing "freedom fatigue" and acceptance of limitations on freedom and privacy. In an era of such challenges to democracy and basic freedoms the role of the bar and each and every individual lawyer is to uphold core values such as independence, confidentiality and prohibition to act in a conflict of interest. The bar has an obligation to shape its actions and its organisational form in a way that will continually and effectively defend the existence of a liberal democracy governed by the law and values essential to a civil society. © 2011 ERA.