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Lawyers' Papers: Confidentiality Versus The Claims Of History, Bonnie Hobbs Jan 1992

Lawyers' Papers: Confidentiality Versus The Claims Of History, Bonnie Hobbs

Washington and Lee Law Review

No abstract provided.


Rediscovering The Republican Origins Of The Legal Ethics Codes, Russell G. Pearce Jan 1992

Rediscovering The Republican Origins Of The Legal Ethics Codes, Russell G. Pearce

Faculty Scholarship

Many commentators wrongly assume that the hired gun ideal is the foundation of our legal ethics codes. This article explains that this assumption is based on an historical mistake that has consequences for interpreting the modern codes. Judge George Sharswood, the nineteenth century scholar whose work provided the basis for the 1908 A.B.A. Canons of Ethics, had a republican conception that rejected the adversarial ethic in favor of a more nuanced conception that combined loyalty to clients with a thick obligation to the public good that both bounded client representation and required lawyers to provide political leadership. Although the emphasis …