The basic question is whether lawyers or more or less concerned with the truth than other folks? If lawyers have less regard for the truth than lay persons, then the question is how do lawyers deal with truth in their more narrowly defined world. Lawyers too must have some notion of truth. But does this mean that lawyers, plumbers, nurses, doctors, and beauticians, each have their own brand of truth. Is this the stance you want to take? If you move in the other direction and claim that lawyers have a special burden when it comes to truth, then the question is how so? How do we deal with this burden?

Do lawyers have a special, "occupational" burden when it comes to truth? There are two arguments that suggest we do:

(i) Lawyers have a special connection to truth because we use law to achieve justice. Justice is a kind of truth. We cannot achieve justice without regard to truth. If lawyers could forget about justice (and some do), then you might actually be able to forget about truth.

(ii) Lawyers have a special burden to seek the truth because they are professionals, that is, they are members of a profession. Law is not an occupation in the sense that plumbing is an occupation. Law involves practices held by society to higher standards. Indeed, one of the signifying marks of a profession is that these practices are both self-governing (individual responsibility) and we impose upon ourselves as a profession an an ethical code. Professions become such by the societal promise to practice skills in a moral manner. A profession is not, and cannot be allowed to become, a business, governed by the rules of the market. Truth may play a different role in the business world than it does in law. (But would anyone argue that truth is not also a significant feature in business dealings?) In business truth is measured, finally, in economic terms. In law, truth is measured, finally, by our sense that justice has been achieved.

It is of some importance that we try to say something clear and straightforward about lawyers and truth.

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