Tag Archives: Volume 34

Monroe Freedman’s Solution to the Criminal Defense Lawyer’s Trilemma is Wrong as a Matter of Policy and Constitutional Law

Monroe Freedman has argued, most recently in the third edition of Understanding Lawyers’ Ethics, co-authored with Abbe Smith, that criminal defense lawyers have a “trilemma” because the rules of their profession give them potentially contradictory instructions. First, competence requires lawyers … Continue reading

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A Grand Slam of Professional Irresponsibility and Judicial Regard

Professor Monroe H. Freedman has devoted his professional life to studying and enhancing the professional ethics of lawyers. He has received the American Bar Association’s highest award for professionalism, in recognition of a “lifetime of original and influential scholarship in … Continue reading

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In Praise of Overzealous Representation – Lying to Judges, Deceiving Third Parties, and Other Ethical Conduct

For more than a century, the lawyer’s ethic of zeal has required, and has inspired, entire devotion to the interests of the client, warm dedication in the maintenance and defense of his rights, and the exertion of the lawyer’s utmost … Continue reading

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Legal Ethics and the Constitution

Thank you for inviting me to this wonderful conference. I learn so much from these conferences. And I enjoy meeting the leaders in the field of legal ethics. The one person I miss greatly, of course, is Sam Dash. We … Continue reading

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A Cautionary Tale: Fiduciary Breach as Legal Malpractice

Lawyers, judges, and legal scholars commonly refer to lawyers as fiduciaries, generally meaning agents who bear special and onerous duties toward clients. What is often missing from the incantation is a settled notion of the legal content of the concept … Continue reading

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The Triage Trilemma

Everybody is going to start this way, but I have the benefit of being the second speaker so it hasn’t gotten old yet. It is a tremendous honor to be speaking at a conference based on the works of Monroe … Continue reading

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Legal Ethics in an Adversary System: The Persistent Questions

It is a particular pleasure to be among so many friends and distinguished colleagues, and to have an occasion to honor one of the founding fathers of our field. As many of you doubtless noted, my title is a variation … Continue reading

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Foreward: Like Gravity

The adversary system, like gravity, affects us all. We cannot escape it. The adversary system, and the ethical standards of the lawyers who operate within the adversary system, therefore warrant continual study. View PDF

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A Dangerous Discretionary “Duty”: U.S. Antidumping Policy Toward China

In an era of flourishing transitions from state controlled policies and economies to democratic governance, the United States foreign trade policy, particularly toward emerging market-oriented countries, may require adjustment to maintain the credibility of the United States as an important … Continue reading

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Judicial Enforcement of Arbitration Agreements: the Stay-Dismissal Dichotomy of FAA Section 3

The meaning of section 3 of the Federal Arbitration Act (“FAA”) has been the subject of substantial litigation and uncertainty. Section 3 applies to a suit or proceeding brought in court where the issues are referable to arbitration under an … Continue reading

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