Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Lawyer’S Professional Duty To Encourage Respect For—And To Improve—The Administration Of Justice: Lessons From Failures By Attorneys General, Andrew Flavelle Martin
The Lawyer’S Professional Duty To Encourage Respect For—And To Improve—The Administration Of Justice: Lessons From Failures By Attorneys General, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
The lawyer’s duty to encourage respect for the administration of justice remains largely amorphous and abstract. In this article, I draw lessons about this duty from historical instances in which Attorneys General inappropriately criticized judges. Not only are Attorneys General some of the highest-profile lawyers in the country, but they also face unique tensions and pressures that bring their duties as lawyers into stark relief. I focus on the two instances where law societies sought to discipline Attorneys General for such criticism of judges, as well as a more recent instance in which no discipline proceedings were pursued. I also …
Legal Ethics And Judicial Law Clerks: A New Doctrinal Account, Andrew Flavelle Martin
Legal Ethics And Judicial Law Clerks: A New Doctrinal Account, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
Judicial law clerks are largely overlooked in the Canadian legal literature. This article provides a new doctrinal account of the ethical obligations of law clerks that is rooted in the fact that at least some of the major work of law clerks constitutes the practice of law—and thus that law clerks’ ethics are lawyers’ ethics. It argues that the lawyer’s duty to encourage respect for the administration of justice transposes some of the ethical obligations of the judge into professional obligations of the law clerk. The article also argues that the law societies’ regulatory and disciplinary jurisdiction over law clerks …