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Loyalty, Conscience, And Withdrawal: Are Government Lawyers Different?, Andrew Martin
Loyalty, Conscience, And Withdrawal: Are Government Lawyers Different?, Andrew Martin
Articles, Book Chapters, & Popular Press
There is a growing recognition that the core concepts and specific rules of legal ethics can have unusual and even unique implications for government lawyers. In this short essay, I examine how loyalty, conscience, and withdrawal apply to government lawyers. I argue that while government lawyers should be slower than lawyers in private practice to exercise their professional discretions to withdraw from a matter, they must be particularly ready to withdraw when unavoidably required – despite any selfless dedication to the ideal of a non-partisan public service.
Can A Tribunal’S Former Counsel Appear Before The Tribunal? A Comment On Certain Container Chassis, Andrew Martin
Can A Tribunal’S Former Counsel Appear Before The Tribunal? A Comment On Certain Container Chassis, Andrew Martin
Articles, Book Chapters, & Popular Press
Lawyer mobility has been recognized as an important but not determinative consideration in legal ethics, particularly when it comes to conflicts of interest. Mobility poses particular issues for counsel to a tribunal. Those counsel may well at some point leave that position and pursue other opportunities. Prospective opportunities may sometimes involve appearing as counsel for a party before the same tribunal – especially where the tribunal operates in a highly specialized area of law. Can a lawyer appear before a tribunal if they were previously counsel to that tribunal? This discrete issue, though it rarely arises in the case law, …