Steven K. Berenson. “Public Lawyers, Private Values: Can, Should, and Will Government Lawyers Serve the Public Interest?.” Boston College Law Review, vol. 41, no. 4 (2000): 789-846.
This article defends the notion that government lawyers have heightened responsibilities to serve the public interest, especially within the unique context of government litigation. It responds to critiques that misunderstand this role by applying private litigation values to public-sector attorneys. By clarifying the distinct public interest obligations of government lawyers, particularly in criminal prosecutions, executive agency lawsuits, and civil enforcement, the article highlights how these legal professionals can act as key guardians of democratic accountability and rule of law, especially vital in backsliding or authoritarian contexts where government actions face scrutiny. This defense reinforces the critical role attorneys play in balancing state power with public accountability.