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2006

Hofstra Law Review

Attorney & client

Articles 1 - 4 of 4

Full-Text Articles in Law

The Corporate Lawyer And 'The Perjury Trilemma', Thomas D. Morgan Jan 2006

The Corporate Lawyer And 'The Perjury Trilemma', Thomas D. Morgan

Hofstra Law Review

This paper extends Monroe Freedman's idea of the criminal lawyer's "perjury trilemma" to current issues faced by corporate lawyers dealing with perceived pressures on the attorney-client privilege. The duties of criminal defense and corporate lawyers are more similar than they often seem. Corporate lawyers' duties of honesty in dealing with third parties are closely analogous to criminal lawyers' duties of honesty in dealing with a court. Both sets of lawyers also have an important interest in fostering open communications with their clients. Where their situations differ is not with respect to lawyer obligations but with respect to their ...


Moralizing In Public, Anita L. Allen Jan 2006

Moralizing In Public, Anita L. Allen

Hofstra Law Review

No abstract provided.


Monroe Freedman's Solution To The Criminal Defense Lawyer's Trilemma Is Wrong As A Matter Of Policy And Constitutional Law, Stephen Gillers Jan 2006

Monroe Freedman's Solution To The Criminal Defense Lawyer's Trilemma Is Wrong As A Matter Of Policy And Constitutional Law, Stephen Gillers

Hofstra Law Review

No abstract provided.


Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel Jan 2006

Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel

Hofstra Law Review

Monroe Freedman is well known as a proponent of the "standard conception" of legal ethics - that is, that a lawyer cannot be criticized in moral terms for actions taken in a representative capacity. Surprisingly, however, Freedman has argued that client selection is a decision for which a lawyer may be required to provide a justification in ordinary moral terms. This apparent inconsistency reveals a conceptual distinction in normative ethical theory, which is often blurred, between justifying a practice (in this case, the legal system or some specialized practice such as criminal defense) and justifying an action falling within the practice ...