Legal Realists and jurisprudential scholars have long recognized the importance of the gap between law on the books and law in action. Their insights about the gap inform effective practice by lawyers serving their clients. But the gap also presents a challenge to those lawyers who commit to an internal perspective about the law, accepting that law has authority on its own, and not only because of the worries about its enforcement. When the law on the books conflicts with the law in action, may a fidelity-committed lawyer honor the latter?

This Article answers that question in the affirmative. It concludes that some strains of law in action will represent “real law,” reflecting community acceptance, and a good lawyer will, or at least may, honor that authority. Not all law in action is “law” deserving respect, however, and a good-faith practicing lawyer will need to discern the difference.

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