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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 …