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Journal Articles

Legal Ethics and Professional Responsibility

1988

Articles 1 - 2 of 2

Full-Text Articles in Law

The Legal Ethics Of Belonging, Thomas L. Shaffer Jan 1988

The Legal Ethics Of Belonging, Thomas L. Shaffer

Journal Articles

Socrates went around Athens telling law teachers and law students that their highest concern should be to be good people. And, he said, the next and consequent concern of the profession should be to show the citizens of Athens how to be good people. For Socrates, as for virtually all of classical moral philosophy and much of Jewish and Christian moral theology, ethical discussion is discussion about the good person. When we talk about Aristotle's man of practical wisdom, or when we talk about heroes, saints, role models, paragons, or professional examplars, it is the good person we are talking …


Unique, Novel, And Unsound Adversary Ethic, Thomas L. Shaffer Jan 1988

Unique, Novel, And Unsound Adversary Ethic, Thomas L. Shaffer

Journal Articles

The dominant ethic in the American legal profession in 1988 is the adversary ethic. The adversary ethic, in the words of the late Justice Abe Fortas, claims that "[l]awyers are agents, not principals; and they should neither criticize nor tolerate criticism based upon the character of the client whom they represent or the cause that they prosecute or defend. They cannot and should not accept responsibility for the client's practices." This ethic is the principal—and often the only—reference point in professional discussions. Although it is embedded in our professional codes, our cases, and our law offices, this Article argues that …