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The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer Nov 2016

The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer

Thomas L. Shaffer

Modem American lawyers impose on one another regulatory rules that speak to the old argument but have not resolved it. One of these requires lawyers to advocate the interests of their clients with zeal; another forbids them from arguing that they believe what they say, or in the merit of what they are asking the government to do. The latter of these is a rule against vouching for clients. Rules that require zeal and forbid vouching seek to prevent both advertent deceit and an "unprofessional" limitation of advocacy to causes lawyers believe in. My claim is that these rules are …


Lawyers And Biblical Prophets, Thomas L. Shaffer Nov 2016

Lawyers And Biblical Prophets, Thomas L. Shaffer

Thomas L. Shaffer

This is part of a broader exploration of the suggestion that the biblical prophets-Moses, Isaiah, Jeremiah, Amos, Nathan, and the others-are sources of ethical reflection and moral example for modern American lawyers. The suggestion appears to be unusual; I am not sure why. The Prophets were, more than anything else, lawyers-as their successors, the Rabbis of the Talmud, were. They were neither teachers nor bureaucrats, not elected officials or priests or preachers. And the comparison is not an ancient curiosity: Much of what admirable lawyer-heroes have done in modern America has been prophetic in the biblical sense-that is, what they …


The Gentleman In Professional Ethics, Thomas L. Shaffer Oct 2016

The Gentleman In Professional Ethics, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


The Legal Ethics Of Servanthood, Thomas L. Shaffer Oct 2016

The Legal Ethics Of Servanthood, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Unique, Novel, And Unsound Adversary Ethic, Thomas L. Shaffer Aug 2016

Unique, Novel, And Unsound Adversary Ethic, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Symposium: Client Counseling And Moral Responsibility, Thomas L. Shaffer, Deborah L. Rhode, Paul R. Tremblay, Robert F. Cochran Aug 2016

Symposium: Client Counseling And Moral Responsibility, Thomas L. Shaffer, Deborah L. Rhode, Paul R. Tremblay, Robert F. Cochran

Thomas L. Shaffer

No abstract provided.


The Legal Ethics Of The Two Kingdoms, Thomas L. Shaffer Aug 2016

The Legal Ethics Of The Two Kingdoms, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


On Living One Way In Town And Another Way At Home, Thomas L. Shaffer Aug 2016

On Living One Way In Town And Another Way At Home, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Is This Appropriate?, Thomas L. Shaffer, Julia B. Meister Aug 2016

Is This Appropriate?, Thomas L. Shaffer, Julia B. Meister

Thomas L. Shaffer

No abstract provided.


Business Lawyers, Baseball Players, And The Hebrew Prophets, Thomas L. Shaffer Aug 2016

Business Lawyers, Baseball Players, And The Hebrew Prophets, Thomas L. Shaffer

Thomas L. Shaffer

This article is a reflection on the ethics of practiving law for business, building on the career of Scott Boras, who acts as agent and lawyer for professional baseball players. The reflection wonders at the clout corporate lawyers have over their clients, mentioning, of course, some personal experiences (back before the invention of moveable type) from the author's two years in a large business-oriented law firm, as well as on Mr. Boras's significant influence in the baseball world. The object, finally, is ethical reflection on such things as the particular a lawyer has when she in in house rather than …


How I Changed My Mind, Thomas L. Shaffer Nov 2013

How I Changed My Mind, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Should A Christian Lawyer Sign Up For Simon's Practice Of Justice?, Thomas L. Shaffer Nov 2013

Should A Christian Lawyer Sign Up For Simon's Practice Of Justice?, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Less Suffering When You're Warned: A Response To Professor Lewis, Thomas L. Shaffer Nov 2013

Less Suffering When You're Warned: A Response To Professor Lewis, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


The Democratic Virtues, Our Common Life And The Common School: Trust In Democracy: Anabaptists, Italian Americans, And Solidarity, Thomas L. Shaffer Nov 2013

The Democratic Virtues, Our Common Life And The Common School: Trust In Democracy: Anabaptists, Italian Americans, And Solidarity, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


"Technical" Defenses: Ethics, Morals, And The Lawyer As Friend, Thomas L. Shaffer, Robert F. Cochran Jr. Nov 2013

"Technical" Defenses: Ethics, Morals, And The Lawyer As Friend, Thomas L. Shaffer, Robert F. Cochran Jr.

Thomas L. Shaffer

This essay examines the question of lawyer-client counseling on the issue of raising "technical" defenses, such as statutes of limitations. The authors challenge the prevailing notion of American lawyers that technical defenses raise no moral issue worthy of dialogue between lawyers and clients. Looking at the history of legal ethics and modern treatment in European law, they suggest that questions of limitations do raise moral issues. They go on to explore how those moral issues ought to be discussed and decided between lawyers and clients, using the framework of lawyers as godfathers, hired guns, gurus, and friends that they laid …


Symposium: Client Counseling And Moral Responsibility, Robert F. Cochran Jr, Deborah L. Rhode, Paul R. Tremblay, Thomas L. Shaffer Nov 2013

Symposium: Client Counseling And Moral Responsibility, Robert F. Cochran Jr, Deborah L. Rhode, Paul R. Tremblay, Thomas L. Shaffer

Thomas L. Shaffer

Cochran served as moderator and presented an introduction to this symposium titled "Client Counseling and Moral Responsibility". It is based on papers and discussion presented at the Professional Responsibility Section panel at the annual meeting of the American Association of Law Schools in Washington, D.C., on January 4, 2003. Members of the panel, Professors Deborah Rhode, Paul Tremblay, and Thomas Shaffer presented three different approaches to moral issues that arise in the client counseling relationship: the directive approach, client-centered counseling and the collaborative model. Under the directive model, a lawyer asserts control of moral issues that arise during legal representation. …


On Religious Legal Ethics, Thomas L. Shaffer Nov 2013

On Religious Legal Ethics, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Should A Christian Lawyer Serve The Guilty?, Thomas L. Shaffer Nov 2013

Should A Christian Lawyer Serve The Guilty?, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer Nov 2013

Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Legal Ethics And The Good Client, Thomas L. Shaffer Nov 2013

Legal Ethics And The Good Client, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Serving The Guilty, Thomas L. Shaffer Nov 2013

Serving The Guilty, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


On Thinking Theologically About Lawyers As Counselors, Thomas L. Shaffer Nov 2013

On Thinking Theologically About Lawyers As Counselors, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Lawyers As Strangers And Friends: Reply To Professor Sammons:, Thomas Shaffer, Robert F. Cochran Jr. Nov 2013

Lawyers As Strangers And Friends: Reply To Professor Sammons:, Thomas Shaffer, Robert F. Cochran Jr.

Thomas L. Shaffer

No abstract provided.


The Ethics Of Dissent And Friendship In The American Professions, Thomas L. Shaffer Nov 2013

The Ethics Of Dissent And Friendship In The American Professions, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Using The Pervasive Method Of Teaching Legal Ethics In A Property Course, Thomas L. Shaffer Nov 2013

Using The Pervasive Method Of Teaching Legal Ethics In A Property Course, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Henry Knox And The Moral Theology Of Law Firms, Thomas L. Shaffer Nov 2013

Henry Knox And The Moral Theology Of Law Firms, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Lawyers As Prophets, Thomas L. Shaffer Nov 2013

Lawyers As Prophets, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Growing Up Good In Maycomb, Thomas L. Shaffer Nov 2013

Growing Up Good In Maycomb, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


A Lesson From Trollope For Counselors At Law, Thomas L. Shaffer Nov 2013

A Lesson From Trollope For Counselors At Law, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Preface, Thomas L. Shaffer Nov 2013

Preface, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.