This collection contains the very best writing on lawyers’ ethics. Timeless and provocative, the essays explore the moral foundations of the lawyer’s role as well as the personal and professional dilemmas lawyers face in the practice of law. What does it mean to be a good lawyer? How does a lawyer navigate the inevitable tension between moral principles and professional responsibilities? The collection brings together previously published articles alongside a specially commissioned introduction by the volume editors which provides an overview of the articles and themes in the collection. This volume is of interest to teachers and scholars of legal ethics, and undergraduate and graduate students of law.
Table of Contents
Edited by Monroe H. Freedman, Abbe Smith and Alice Woolley
Part 1: Foundations
- Richard Wasserstrom, Lawyers as Professionals: Some Moral Issues, Human Rights 5, 1, 1975, 1-24.
- Charles P. Curtis, The Ethics of Advocacy, Stanford Law Review 4, 3, 1951, 3-23.
Part 2: The Lawyer’s Role as Advocate and Advisor: Defences and Challenges
- Charles Fried, The Lawyer as Friend: The Moral Foundations of the Lawyer-Client Relation, Yale Law Journal 85, 8, 1976, 1060 – 1089.
- Tim Dare, Mere-Zeal, Hyper-Zeal and the Ethical Obligations of Lawyers, Legal Ethics 7, 1, 2004, 24-38.
- W. Bradley Wendel, Civil Obedience, Columbia Law Review 104, 2004, 363-425
- William H. Simon, Ethical Discretion in Lawyering, Harvard Law Review 101, 6, 1988, 1083-1145.
- Monroe H. Freedman, Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions, Michigan Law Review 64, 1966, 1469-1484
Part 3: Lawyers and Clients
- Thomas L. Shaffer, Legal Ethics and the Good Client, Catholic University Law Review 36, 1987, 319-330.
- Katherine R. Kruse, Beyond Cardboard Clients in Legal Ethics, Georgetown Journal of Legal Ethics 23, 2010, 103-154.
- Barbara Allen Babcock, Defending the Guilty, Cleveland State Law Review 32, 1983, 175-187.
- Allan C. Hutchinson, Taking It Personally: Legal Ethics and Client Selection, Legal Ethics 1, 2, 1998, 168-183.
Part 4: Moral Dilemmas in Legal Practice
- Monroe H. Freedman, Must You Be the Devil’s Advocate?, Legal Times, August 23, 1993.
- Michael Tigar, Setting the Record Straight on the Defense of John Demjanjuk, Legal Times, September 6, 1993.
- Stephen Gillers, Can a Good Lawyer be a Bad Person?, Journal of the Institute for the Study of Legal Ethics 2, 1999.
- Deborah Rhode, Terrorists and Their Lawyers, NY Times, April 16, 2002, at A31.
- Abbe Smith, What Motivates a Lawyer to Defend a Tsarnaev, a Castro or a Zimmerman?, Washington Post, July 25, 2013.
Part 5: Legal Ethics in the Criminal Trial
- David B. Wilkins Race, Ethics, and the Frist Amendment: Should a Black Lawyer Represent the Ku Klux Klan, George Washington Law Review 63, 6, 1995, 1030-1070.
- Paul Butler, How Can You Prosecute Those People?, in How Can You Represent These People, Abbe Smith and Monroe H. Freedman (eds), (New York: Palgrave Macmillan, 2013), pp. 15-27.
- Abbe Smith, On Representing a Victim of Crime, in Law Stories¸Gary Bellow and Martha Minow (eds), (Michigan: University of Michigan Press, 1998), pp. 149-167.
Part 6: Being a Lawyer
- David Luban, A Different Nightmare and a Different Dream, in Legal Ethics and Human Dignity (Cambridge: Cambridge University Press, 2007), pp. 131-161.
- Alice Woolley and W. Bradley Wendel, Legal Ethics and Moral Character, Georgetown Journal of Legal Ethics 23, 2010, 1065-1100.
- Alice Woolley, Context, Meaning and Morality in the Life of the Lawyer, Legal Ethics 17, 1, 2014, 1-22.
About the Series
The Library of Essays on Legal Ethics and the Enforcement of Law
BISAC Subject Codes/Headings:
- LAW / Criminal Law / General
- LAW / Ethics & Professional Responsibility