Ethics and the Legal Profession

Summary

Beneficial to the introductory law or philosophy student, "Ethics and the Legal Profession" comprises a selection of articles by eminent philosophers and lawyers that explore confrontations in the daily practice of law, employing in-depth case studies. The text is divided into six sections, each dealing with an important issue: The Structure of the Profession; The Moral Critique of Professionalism; The Adversary System; Conflict of Interest; Client Confidences; The Provision of Legal Services. Provoking questions on moral and professional responsibility, the ideology and tyranny of advocacy, and the professional's right to case refusal are approached. The introduction to each section sets the stage for the paper to follow. Following each section is a summary and a list of suggested readings for further understanding. Readings have been selected to give a historical perspective showing a revolution in philosophy, conceptual analysis, and moral reasoning - due to the growing consensus about the need for some measure of reform in the legal profession. This study of ethics can help students and professionals draw a sharper distinction between ethical and technical judgements, and help them to become clearer about the meaning of moral discourse in the workplace. The book would make excellent reading in a law or philosophy course in professional responsibility.

Author Biography

Elliot D. Cohen is the director of the Institute of Critical Thinking, the editor-in-chief of the International Journal of Applied Philosophy, ethics editor for Free Inquiry magazine, and the author or editor of many books in journalism, professional ethics, and philosophical counseling, including What Would Aristotle Do? Self-Control through the Power of Reason. Michael Davis is professor of philosophy and a senior fellow at the Center for Study of Ethics in the Professions at the Illinois Institute of Technology. He is the author or editor of eleven books on various ethical issues, including Profession, Code, and Ethics and the first edition of Ethics and the Legal Profession (with Frederick A. Elliston). Frederick A. Elliston, coeditor of the first edition, was teaching philosophy at the University of Hawaii when he was killed in an automobile accident in 1987.

Introduction	p. 9
History and Organization of the Profession in the United States
Introduction to Part I	p. 25
The Legal Profession and Its Ethical Responsibilities: A History	p. 35
The Quest for a Perfect Code	p. 67
The Ethics of Ethics: Tests for Lawyers	p. 75
Professional Discipline in 2050: A Look Back	p. 93
Problem Set I	p. 98
Suggested Readings	p. 101
The Moral Critique of the Legal Profession
Introduction to Part II	p. 105
The Lawyer as Friend	p. 111
What's Love Got to Do With It? The Lawyer as Friendly Fiduciary	p. 143
Professionalism Means Putting Your Profession First	p. 159
Problem Set II	p. 182
Suggested Readings	p. 184
The Adversary System
Introduction to Part III	p. 187
Professional Responsibility: Report of the Joint Conference	p. 197
The Trouble with the Adversary System in a Postmodern, Multicultural World	p. 215
Lawyers' Liberation: Moral Autonomy in Legal Practice	p. 233
Problem Set III	p. 250
Suggested Readings	p. 253
Conflict of Interest and Professional Judgment
Introduction to Part IV	p. 257
Conflict of Interest and Conflict of Obligation	p. 263
Lawyer for the Situation	p. 295
Legal Service for Indigents	p. 311
Problem Set IV	p. 325
Suggested Readings	p. 327
Perjury and Confidentiality
Introduction to Part V	p. 331
Disclosing the Truth about Client Perjury	p. 337
Monroe Freedman's Solution to the Criminal Defense Lawyer's Trilemma Is Wrong as a Matter of Policy and Constitutional Law	p. 363
Lawyers and Confidentiality	p. 379
Problem Set V	p. 390
Suggested Readings	p. 392
Making Legal Assistance Available
Introduction to Part VI	p. 395
Domestic Violence and the Lawyer as Good Samaritan	p. 401
Selling Indulgences	p. 409
Globalization and the Future of Legal Ethics	p. 415
Problem Set VI	p. 427
Suggested Readings	p. 429
Appendix	p. 431
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