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The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer
The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer
David Barnhizer
In Western culture the name Niccolo Machiavelli has become Machiavellianism, a pejorative signifying the willingness to do anything to achieve desired ends. American lawyers do have limits, however, and are expected to operate according to an ethical code that is at least intended to prevent the worst abuses. The effectiveness of this ethical code has often been questioned, as have the questionable efforts of the organized bar to enforce its rules, but on the surface it differentiates law practice from hand-to-hand combat and military struggles. Even though I have sometimes used the concepts of the warrior lawyer, the general and …
Princes Of Darkness And Angels Of Light: The Soul Of The American Lawyer, David R. Barnhizer
Princes Of Darkness And Angels Of Light: The Soul Of The American Lawyer, David R. Barnhizer
Law Faculty Articles and Essays
The increasing belief among many lawyers that life is comprised of "fear and greed and money" has altered the legal profession and helped make lawyers into one of the most feared and powerful groups in American society - and one of the most scorned. In the midst of the widespread contempt American society is showing lawyers, this article seeks to explain the special role the legal profession serves in our complex democracy. At the same time it condemns attitudes such as those reflected in Fritts' statement. The belief that life is driven by fear, greed, and money has created a …
Misconduct Of The Trial Attorney, William L. Libby
Misconduct Of The Trial Attorney, William L. Libby
Cleveland State Law Review
An attorney is licensed and is sworn as an officer of the court. Common law proclaims him to be a "minister of justice in aid of the court." Attorneys are the chief instruments of the Anglo-American system of law. An attorney at a trial is not a contestant like unto a gladiator seeking to prevail at any cost. His cause of action, as well as his opponent's, depends upon a fair and impartially conducted trial. The jury's verdict should be based upon the issues made by the pleadings and evidence, and not upon deceptions created by misconduct.