Tag Archives: W. Bradley Wendel

Monroe Freedman: The Ethicist of the Non-Ideal

Monroe Freedman was a severe critic of “philosophizing” about legal ethics, yet he was one of the most influential theorists in the development of theoretical legal ethics as an academic discipline in the late twentieth century. No philosopher can ignore … Continue reading

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The ABA Guidelines and the Norms of Capital Defense Representation by Russell Stetler & W. Bradley Wendel

The ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (“Guidelines”), as revised in 2003, continue to stand as the single most authoritative summary of the prevailing professional norms in the realm of capital defense … Continue reading

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Institutional and Individual Justification in Legal Ethics: The Problem of Client Selection

In the second round of the famous Freedman-Tigar debate, Monroe Freedman writes that “[i]t is proper . . . to publicly challenge lawyers to justify their representation of particular clients.” Note the word “particular”—the challenge here is on a case-by-case … Continue reading

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