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Full-Text Articles in Law
The Legal Ethics Of Radical Individualism, Thomas Shaffer
The Legal Ethics Of Radical Individualism, Thomas Shaffer
Journal Articles
Most of what American lawyers and law professors call legal ethics is not ethics. Legal ethics has come to be rules that appeal to sanction, and not the lawyer’s conscience. This Article analyzes the ethical quandary arising from modern ethics, and presents an assessment of the ethics of radical individualism in terms of the religious tradition’s influence on legal ethics.
Legal Ethics And The Good Client, Thomas L. Shaffer
Legal Ethics And The Good Client, Thomas L. Shaffer
Journal Articles
Modern ethics talks in terms of clients corrupting lawyers, and how lawyers must protect themselves from their client’s bad morals. This Article critiques that understanding and proposes that legal ethics is the study of what is good for a client, not what is good for the lawyer. Properly studied, it is thinking about the morals of someone else—the client. It is not thinking through the client’s conscience, but thinking through the lawyer’s conscience that seeks rectitude, freedom, and goodness for the client.