Leaders, Followers, and Free Riders: The Community Lawyer's Dilemma When Representing Non-Democratic Client Organizations

Michael Diamond, Aaron O'Toole

"Democratic participation in decision making is a recurring ideal in many aspects of our society. We are encouraged to vote for candidates for public office; to voice our opinions to our representatives on matters of societal importance; to become involved in civic and social organizations; and to address common concerns through interactive debate and conduct. There is often, however, a considerable dissonance between the participatory ideal and the reality. This is particularly true in reference to community groups in low-income neighborhoods. There is a body of commentary that values the importance of democratic participation over the success of community groups in their legal struggles, but the literature suffers from a narrow and incomplete perspective. One important problem is that it emphasizes legal representation only in the context of the democratic ideal and not with reference to the needs of community groups as they actually exist and function. Moreover, the literature fails to recognize that there are many types of groups and that the ideal of democratic participation is not a one-size-fits-all imperative that suits the goals and modus operandi of each type.

This article will explore various aspects of the dissonance between the democratic ideal and the reality of groups in disenfranchised and disempowered communities. We will discuss the intersection of democracy and community action by examining the sociology of groups and the social psychology of leaders and followers. We will also examine the role of, and choices presented to, an attorney working in a community and for local community groups."

GloverWright - 1 Nov 2010

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