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Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel
Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel
Hofstra Law Review
Monroe Freedman is well known as a proponent of the "standard conception" of legal ethics - that is, that a lawyer cannot be criticized in moral terms for actions taken in a representative capacity. Surprisingly, however, Freedman has argued that client selection is a decision for which a lawyer may be required to provide a justification in ordinary moral terms. This apparent inconsistency reveals a conceptual distinction in normative ethical theory, which is often blurred, between justifying a practice (in this case, the legal system or some specialized practice such as criminal defense) and justifying an action falling within the …
Moralizing In Public, Anita L. Allen