Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
The Unique, Novel, And Unsound Adversary Ethic, Thomas L. Shaffer
The Unique, Novel, And Unsound Adversary Ethic, Thomas L. Shaffer
Vanderbilt Law Review
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 …
Making Society's Legal System Accessible To Society: The Lawyer's Role And Its Implications, L. Harold Levinson
Making Society's Legal System Accessible To Society: The Lawyer's Role And Its Implications, L. Harold Levinson
Vanderbilt Law Review
During the past two decades the legal profession has been remarkably, even frantically active in examining and drafting standards of professional conduct. The American Bar Association (ABA) adopted the Code of Professional Responsibility in 1970. Most states adopted the Code with relatively minor variations during the 1970s. The ABA repealed the Code in 1983 and adopted, in its place, the Model Rules of Professional Conduct. By the beginning of 1988 one-half of the states had implemented the Model Rules, with significant variations from the ABA version in some of these states, while the remaining states either had rejected the Model …
The Law: From A Profession To A Business, Norman Bowie
The Law: From A Profession To A Business, Norman Bowie
Vanderbilt Law Review
The public believes that the practice of law has become a business.They also believe that lawyers are in the profession for the money and that everything a law firm does is motivated by greed-well not every-hing, in L.A. Law lawyers are motivated by greed and lust. Allegedly,lawyers overcharge, create work, and delay in order to make more money. In return lawyers produce nothing useful; they do not make cars, steel, or heavy machinery. They are perceived by many as social parasites who make a handsome living off the productive labor of others. Economists note that the United States' workforce has …