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Legal Ethics and Professional Responsibility Commons™
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Full-Text Articles in Legal Ethics and Professional Responsibility
The Jurisprudential Turn In Legal Ethics, Katherine R. Kruse
The Jurisprudential Turn In Legal Ethics, Katherine R. Kruse
Scholarly Works
When legal ethics developed as an academic discipline in the mid-1970s, its theoretical roots were in moral philosophy. The early theorists in legal ethics were moral philosophers by training, and they explored legal ethics as a branch of moral philosophy. From the vantage point of moral philosophy, lawyers’ professional duties comprised a system of moral duties that governed lawyers in their professional lives, a “role-morality” for lawyers that competed with ordinary moral duties. In defining this “role-morality,” the moral philosophers accepted the premise that “good lawyers” are professionally obligated to pursue the interests of their clients all the way to …
Fortress In The Sand: The Plural Values Of Client-Centered Representation, Katherine R. Kruse
Fortress In The Sand: The Plural Values Of Client-Centered Representation, Katherine R. Kruse
Scholarly Works
This article examines the history, development and theory of the client-centered approach to lawyering, which has become the most prevalent theory of lawyering taught in law school clinics. It examines the basic tenets of client-centered representation as a problem-solving approach and shows how critique and modification of the approach has spawned a diversity of lawyering models that share the basic tenets of client-centered representation but are in tension with its preferred methodology of lawyer neutrality. The article draws on theories of autonomy to help explain this tension, showing that notions of positive freedom support a range of autonomy-enhancing intervention into …