Why Lawyers Behave As They Do

by Haskell,Paul G.

• ISBN13: 9780813368979
• ISBN10: 0813368979
• Format: Nonspecific Binding
• Copyright: 1998-02-27
• Publisher: Routledge

Summary

Over the past five years, the American Bar Association and legal educators themselves have been expanding the discussion of professional responsibility. Traditionalists state that lawyers must maximize the gain for their client regardless of whether that means turning a blind eye to behavior or facts which may serve justice but hinder the client's case.InWhy Lawyers Behave as They Do,Paul Haskell explains the professional rules that govern how lawyers behave and which permitor requireconduct that laypersons may find unethical. In his criticism of the traditional role of lawyers, Haskell proposes an alternativeand controversialmodel of behavior.

Author Biography

Paul G. Haskell is William R. Kenan Jr. Professor of Law at the University of North Carolina at Chapel Hill.

Table of Contents

Preface
The Behavior of Lawyers	p. 1
Discrediting the Truthful Witness	p. 2
Exploiting the Adversary's Mistake	p. 3
Better Not to Probe	p. 3
Stating the Law Before Asking for the Facts	p. 4
Dilatory Tactics	p. 5
Describing the Consequences of Criminal Conduct	p. 6
Counseling to Breach a Contract	p. 7
Lying in Negotiations	p. 8
Custody Blackmail	p. 9
Using a False Identity	p. 9
Inserting an Illegal Clause	p. 10
Taking Advantage of Another Lawyer's Ignorance	p. 10
Dealing with the Unrepresented Person	p. 11
Arguing Pro and Con	p. 12
Confidentiality: Life-Threatening Injury	p. 12
Confidentiality: Past Fraud	p. 14
Confidentiality: Child Abuse	p. 15
Confidentiality: Unprosecuted Homicide	p. 15
Immoral Objective: Statute of Limitations	p. 15
Immoral Objective: Television Trash	p. 16
Immoral Objective: Gambling Enterprises	p. 16
Immoral Objective: Nazi Speech	p. 17
Immoral Objective: Seeking Acquittal of a Rape-Murderer	p. 17
The Lawyer's Service on Behalf of an Immoral Objective	p. 27
The Elements of Morality	p. 27
The Judge and the Immoral Law	p. 34
The Role Morality of the Lawyer	p. 35
Client Autonomy as Moral Justification	p. 38
The Response to the Lawyer's Role Morality	p. 40
The Response to the Client Autonomy Justification	p. 43
Two Special Situations: Breach of Contract and Seeking Acquittal for the Rape-Murder	p. 44
The Morality of the Means	p. 51
Litigation as Fact-Finding	p. 52
Confidentiality	p. 56
Tactics	p. 66
A Contradiction	p. 75
The Justice Theory of Representation	p. 75
An Experiment	p. 76
A Troubled Profession	p. 85
The Hired Gun and the Independent Lawyer	p. 85
Advertising	p. 92
Commercialism	p. 99
Hardball Tactics	p. 103
Excerpts from Professional Rules	p. 109
Index	p. 117
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