Professionalism is the foundation upon which the legal profession is built and also happens to be the focus of one of my initiatives this year as President of the MSBA. Lawyers occupy a distinct position in society as defenders of justice, public trust, and ethical norms. The profession involves not only a mastery of law and procedure but also a continuing commitment to integrity, service, and the protection of clients' rights. At the heart of this commitment lies the duty of confidentiality and the fiduciary relationship between lawyer and client. These concepts are essential both in day-to-day practice and in how lawyers conduct themselves within professional organizations and their personal lives.
Professionalism in the Legal Profession
Professionalism in law extends beyond mere technical competence. It encompasses ethical behavior, respect for the rule of law, civility toward colleagues and courts, and dedication to the client’s welfare. Lawyers are expected to balance zealous advocacy with broader responsibilities toward justice and society. Unlike many other occupations, law is considered a profession because of its grounding in specialized knowledge, ethical codes, and a tradition of service.
The MSBA is a great resource for teaching professionalism in your firm and in your corporate counsel department:
- Competence: Lawyers must maintain knowledge and training to provide effective legal representation. MSBA provides many resources on legal basics, emerging areas of law, and skills training.
- Integrity: Honesty in dealing with clients, courts, and adversaries is non-negotiable. Actively participating in leadership roles in MSBA teaches integrity, and the opportunities abound for all levels of lawyers.
- Ethical responsibility: Lawyers are bound by codes of conduct, such as the Maryland Rules of Professional Conduct and MSBA offers ethics accredited programming.
- Civility and respect: Professionalism requires treating others in the legal system with dignity even in adversarial contexts. While challenging at times, as demonstrated by last month’s President’s message, regular reminders from the MSBA keep civility at the forefront of our lawyer’s minds.
- Service to the public: Lawyers must sometimes look beyond individual gain to consider the impact of their actions on society and justice. My longtime mentor, Bob Scott, describes this as “tithing.” The practice of law is very good to us, and we must give back in the form of leading professional organizations, presenting for professional organizations, donating to worthy causes like the Maryland Access to Justice Commission, powered by MSBA, etc.
Professionalism is both aspirational and regulatory. The rules of professional conduct provide the regulatory framework within which we operate as lawyers, while the platinum rule of treating others as they want to be treated as well as the golden rule, treating others as you want to be treated, provide the aspirational framework within which we comport ourselves.
The Fiduciary Relationship
At the center of professionalism in legal practice lies the fiduciary relationship. The term “fiduciary” denotes a relationship of trust, in which one party (the fiduciary) acts for the benefit of another (the beneficiary). For lawyers, this encompasses loyalty, confidentiality, diligence, and putting the client’s interests ahead of personal or third-party interests.
Confidentiality is perhaps the most critical expression of both fiduciary duty and professionalism. The principle requires that any information shared between a lawyer and a client, a Chair and her Board, a President and her Executive Committee remain private, unless there is consent to disclosure or an exception applies.
Confidentiality serves several crucial functions:
- Encouraging candor: Leaders/Lawyers are more likely to disclose relevant information if they know it will remain protected.
- Building trust: The assurance of confidentiality strengthens the lawyer’s loyalty.
- Preserving justice: Some of the most sensitive legal issues require full disclosure for proper representation/problemsolving, which is impossible without guaranteed confidentiality.
Exceptions exist, such as when disclosure is necessary to prevent imminent harm, fraud, or crime, or when disclosure is required by law or court order. Those exceptions are carefully and intentionally limited to ensure that the broader principle remains intact.
Professionalism and Confidentiality in Practice
In the daily practice of law, professionalism and confidentiality operate in tandem. Lawyers interact with diverse clients, courts, regulators, and sometimes the media, each presenting opportunities to either uphold or undermine these values. In practice, the fiduciary relationship governs what is shared and what is held closest to one’s vest.
Fiduciary duty and professionalism are equally vital within MSBA governance. The Chair and Board of Governors, and the President and Executive Committee, manage sensitive leadership communications, strategic deliberations, and confidential association matters. Just as lawyers honor attorney-client confidentiality, MSBA leaders must rigorously protect internal information shared within the organization and preserve trust among colleagues.
Confidentiality at this level:
- Promotes open discussion: Leaders and board members express views, evaluate risks, and make decisions more effectively knowing their communications are protected.
- Strengthens trust: Ensuring privacy within MSBA leadership fosters loyalty and unity in pursuit of common goals.
- Reinforces fiduciary duty: Board members and executives must act in the best interests of the MSBA, putting association welfare above personal interests.
Exceptions to confidentiality—whether among lawyers or MSBA leadership—exist for compliance with law, imminent harm, or ethical obligations. These exceptions are intentionally limited.
Challenges in Maintaining Professionalism
Modern legal practice presents new challenges to confidentiality and the fiduciary obligation. With technology, globalization, and evolving societal expectations, professionalism is continually tested.
- Digital confidentiality: Cloud storage, generative artificial intelligence sites, email, and virtual communication create risks of data breaches or inadvertent disclosure.
- Corporate pressures: Lawyers in large firms may face conflicts between fiduciary duties to clients and economic pressures from employers or shareholders.
- Cross-border practices: Different jurisdictions may impose varying ethical standards, complicating confidentiality and fiduciary duties in international practice.
- Public scrutiny: Increased transparency, media coverage, and online commentary create pressures to reveal information or engage in public debate.
Professionalism in this context requires vigilance, adaptation, and a proactive commitment to ethical standards. Lawyers and leaders alike must use technology responsibly, disclose potential conflicts promptly, and remain steadfast in preserving confidentiality against pressures that may compromise it.
When lawyers maintain confidentiality, they empower individuals to exercise their rights fully. When they respect fiduciary duties, they reinforce the dignity and equality of all before the law. When they uphold professionalism, they model integrity and civility in an often contentious world. Collectively, these values ensure that the legal profession remains esteemed and fulfills its essential role in promoting fairness and protecting the fabric of democracy.
Conclusion
Professionalism, confidentiality, and fiduciary responsibility are inseparable components of the lawyer’s role in society. In practice, they govern the daily relationship between lawyer and client, Chair and directors/governors, President and executive committee, etc. ensuring trust, candor, and effective advocacy. In professional organizations, they form the ethical backbone of regulation and continued development. Personally, they extend into the conduct and integrity of the lawyer as an individual, recognizing that the identity of “lawyer” transcends the office, courtroom, or boardroom. While challenges abound in an evolving legal landscape, the enduring commitment to these principles is what defines the legal profession as one of trust, respect, and service. Ultimately, lawyers are not only legal representatives but fiduciaries of justice itself—a role that demands unwavering professionalism, unshakable confidentiality, and fidelity to the responsibilities entrusted to them.