Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Adversarial system (1)
- Advocacy (1)
- American legal system (1)
- Berger (1)
- Criminal defense attorneys (1)
-
- Cutler (1)
- Duty of confidentiality (1)
- Ethical obligations (1)
- Ethics (1)
- Ethics codes (1)
- Fiduciary duty (1)
- Hill (1)
- Innocent convict (1)
- Jones (1)
- Judges (1)
- Judicial rhetoric (1)
- Justice (1)
- Kojayan (1)
- Kozinski (1)
- Lawyers (1)
- Legal ethics (1)
- Letter of the rule (1)
- Levine (1)
- Lopez-Avila (1)
- Maloney (1)
- McLaughlin (1)
- No-contact rule (1)
- Professional responsibility (1)
- Prosecutors (1)
- Spirit of the law (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
The Law And The “Spirit Of The Law” In Legal Ethics, Samuel J. Levine
The Law And The “Spirit Of The Law” In Legal Ethics, Samuel J. Levine
Samuel J. Levine
This article aims to explore the notion of the lawyer’s ethical responsibility to go “beyond” the letter of the law and to comply with the “spirit” or “purpose” of the law. The article suggests that, notwithstanding its promotion of admirable principles and goals, a spirit of the law model may prove inconsistent with basic legal and ethical obligations of lawyers. The lawyer’s duties as fiduciary, as agent, and as zealous advocate, responsible for representing the best interests of the client, preclude the lawyer from focusing on the spirit and purpose of the law rather than on the aims of the …
Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine
Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine
Samuel J. Levine
Notwithstanding the rich scholarly literature debating the proper roles of lawyers and the precise contours of lawyers’ ethical conduct, as a descriptive matter, the American legal system operates as an adversarial system, premised in part upon clear demarcations between the functions of different lawyers within the system. Broadly speaking, prosecutors have the distinct role of serving justice, which includes the duty to try to convict criminal defendants who are deserving of punishment, in a way that is consistent with both substantive and procedural justice. In contrast, private attorneys have a duty to zealously represent the best interests of their clients, …