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Should Lawyers Obey The Law?, William H. Simon
Should Lawyers Obey The Law?, William H. Simon
Faculty Scholarship
At the same time that it denies authority to nonlegal norms, the dominant view of legal ethics (the "Dominant View") insists on deference to legal ones. "Zealous advocacy" stops at the "bounds of the law."
By and large, critics of the Dominant View have not challenged this categorical duty of obedience to law. They typically want to add further public-regarding duties, but they are as insistent on this one as the Dominant View.
Now the idea that lawyers should obey the law seems so obvious that it is rarely examined within the profession. In fact, however, once you start to …
Comment On Moliterno, Legal Education, Experiential Education, And Professional Responsibility, Lance Liebman
Comment On Moliterno, Legal Education, Experiential Education, And Professional Responsibility, Lance Liebman
Faculty Scholarship
In attempting to predict and prescribe the future, my vision of the recent history of legal education differs from Professor Moliterno's in certain relevant ways.
I graduated from Law School in 1967. I learned largely through doctrinal courses that delivered steady training in thinking like a lawyer and information about areas of law. These courses exposed me and my classmates to legal lingo and to the standard types of legal arguments. We learned, largely by hearing the teacher and our fellow students, to make verbal moves and to see the strengths and limitations of others' argumentation skills and techniques. We …