Introduction -- 21st Century Law, Technology, and Ethics: The Lawyer's Role as a Public Citizen

The University of Memphis Law Review Symposium, 21st Century Law, Technology, and Ethics, held in October 2004, presented an exploration of issues relating both to the practice of law and to the broader goal of social ordering in the modern age of technology. This symposium issue of The University of Memphis Law Review presents the research of some of the participants in the symposium. The works assembled in this symposium edition of the Memphis Law Review examine the lawyer's duty to clients and to society, providing examples of the wide array of ethical issues connected to technology, science, and law in the context of a dramatically changing world.Changing technology touches the lives of every creature on the planet-both in its broad meaning and in all manner of narrower meanings. The term "technology" encompasses more than machinery and hardware. Webster's defines the term generally as "the practical application of knowledge especially in a particular area."1 It also provides more specific meanings: (1) "a capability given by the practical application of knowledge," (2) "a manner of accomplishing a task especially using technical processes, methods, or knowledge," and (3) "the specialized aspects of a particular field of endeavor."2 In the last decade the pace of change has increased, bringing changes in technology and business and considerable uncertainty regarding how these changes affect law and society. Even with the uncertainty surrounding technological change, we know that these changes have repercussions for law, business, and society in general. Business and law have reaped tremendous benefits-and perhaps some detriments-from recent technological changes. For example, technology now makes it possible to practice law from anywhere in the world, giving rise to controversy about the regulation of lawyers.3 Scientists, lawyers, and the public debate the efficacy and safety of a wide range of new technology, from the use of the internet to human cloning; from identity theft to the safety of genetically modified foods.4 Some believe that technology has made the consequences of deceptive practices more damaging. For example, the recent largescale corporate bankruptcies dramatically illustrate the dangers of self-dealing on the viability of corporations and the economic health of the nation and the world.5Some might ask why ethics is of special significance to technology and, moreover, why the point of view of lawyers should have particular significance in the discussion of changing technology. Ethics is a system for judging the moral efficacy of human choices. Ethical issues arise in the use of technology in society, and lawyers play a central role in social ordering. Lawyers serve as legislators, regulators, judges, public officials, and active citizens, expressing their views on the best way to structure society. As public citizens lawyers have an affirmative commitment to the social goal of a just society.6 Indeed, the notion that advocates in an adversary system have special responsibilities predates this country,7 and threads of the concept run through ethics codes relating to the practice of law.8 Knowledge of the legal framework is essential for operating any type of business. Likewise, knowledge of law and skills in analysis are enormously helpful in assessing the social benefits and costs of technology.The lawyer's role as a "public citizen" also involves a duty to "seek improvement of the law."9 Thus, the lawyer's obligation goes beyond using her knowledge of the law for her clients. She also bears the duty to "employ that knowledge in reform of the law."10 Lawyers should also "strive ... to improve the law and the legal profession and to exemplify the legal profession's ideals of public service."11 The adversary system of justice, including professional representation by lawyers, is justified by the overarching societal benefits of the legal system. The Preamble to the ABA Model Rules of Professional Conduct calls the lawyer a public citizen12 and states that the lawyer's role is vital to the "preservation of society. …