Transcript Chapter 8-2 - Professional Responsibility: A Contemporary Approach

Chapter 8-2
• Review
Moral Questions
8-11
• Which of the following statements is true?
•
•
•
•
A. The Rules prohibit morally responsible lawyering.
B. The Rules require morally responsible lawyering.
C. The Rules permit a lawyer's discretion to be
morally responsible in deciding whether to represent a
client, counsel a client,
and deciding whether to withdraw from representing a
client.
8-12
• Which of the following statements is true?
A.Both David Luban and William Simon urge lawyers to bring
extralegal morality into their work.
B. Neither David Luban nor William Simon urge lawyers to bring extralegal
morality into their work.
C. David Luban urges lawyers to bring extralegal morality into their
work.
D. William Simon urges lawyers to bring extralegal morality into their work.
8-13
• Which author expressly suggests that evading the spirit of
• the law might be more appropriate in representing a low
• Income person than a wealthy corporation?
A. David Luban
B. William Simon
C. Both David Luban and William Simon
D. Neither David Luban nor William Simon
• In the the following exercise, apply the moral
responsibility approaches of Luban and Simon,
and consider whether and how they differ in any
way from each other and from the approach of
the neutral partisan.
• 1. A law firm executive committee is deciding
whether to represent:
• (a) an alleged perpetrator of the 9/11 attack;
• (b) a Swiss bank accused of hiding accounts from
holocaust survivors.
• In the the following exercise, apply the moral
responsibility approaches of Luban and Simon, and
consider whether and how they differ in any way
from each other and from the approach of the neutral
partisan.
• 2. You are a lawyer or law firm specializing in ethics
issues. Frank Armani, David Garrow’s lawyer, consults
you about whether to disclose the buried bodies. For
an approximately 25 minute segment on the case, see
T_h_e_ _C_r_i_m_i_n_a_l_ _D_e_f_e_n_s_e_
_L_a_w_y_e_r_,_ _a 1986 episode of the public
television program Ethics on Trial.
8-14
•
Which of the following is true?
•
A. Catherine MacKinnon and Carrie MenkelMeadow define a feminist lawyer as primarily a supporter of women's causes.
•
B. Catherine MacKinnon defines a feminist lawyer as primarily a supporter of women's causes
•
C. Carrie MenkelMeadow defines a feminist lawyer as primarily a supporter of women's causes
•
D. Neither Catherine MacKinnon nor Carrie MenkelMeadow define a feminist lawyer as primarily a supporter of women’s causes
8-15
• Carrie MenkelMeadow's approach to feminist lawyering relies
• primarily upon:
• A. women's rights
• B. women's support for individualism
• C. women's understanding of relationships
• D. women's superiority to men
• Heinz Dilemma: Jake and Amy
8-16
• Under MenkelMeadow's approach, a man could be a
feminist lawyer.
• True
• False
Carol Gilligan
8-17
• MenkelMeadow suggests that feminist lawyering has implications
• for:
• the lawyerclient relationship
• ethics rules
• the legal workplace
• all of the above
• 1. You are representing the defendants in the
Spaulding v. Zimmerman case described in
Chapter 4. Given your knowledge that
Spaulding both suffered from an aneurysm
and was not aware of that aneurysm, how
would you as a feminist lawyer behave
differently than the defendants’ actual
lawyers?
• 2. Carrie Menkel-Meadow suggests that
feminist lawyering could require rethinking
ethical rules. You are a member of a
committee of your state bar considering
revisions of the ethics rules. Identify the Rules
that would change under a feminist lawyering
perspective. Provide one or more proposals
for a rules change derived from a feminist
lawyering perspective.
8-18
• According to Professor Sanford Levinson, the
• dominant understanding of professionalism
• requires a lawyer to "bleach out" all
personal characteristics, including religion,
• morality, race, gender, and other forms of
• identity.
• True
• False
8-19
• Under all of Professor Allegretti's models, a
• Christian lawyer must bring her religious
• values into her work as a lawyer.
• True
• False
8-20
• In her work at a large law firm, Professor Azizah alHibri found which area of practice most consistent with her
values as a Muslim?
• Litigation
• Corporate transactions
• Securities Regulation
• Trust and Estates
8-21
• According to Professor Russell Pearce, all the streams of Judaism:
•
agree that a Jew must bring her religion into her work.
•
agree that a Jew must bring her religion into her work but only to t
he extent of observing Jewish holidays.
•
reject the notion that a Jew must bring her religion into her work.
• take different positions with regard to the basic principle that a
• Jew must bring her religion into her work.
8-22
• Professor Robert Vischer identifies the following as
• irrefutable objections to religious lawyering (hint:
answer is not below):
• the threat to client autonomy
• the threat to publicly accessible norms
• the threat of illiberal communities
• All of the above
• The Bar Association Ethics Committee has
been asked to consider whether and when
Rule 1.7 requires a lawyer who chooses the
religious lawyering perspective to disclose her
perspective to her client. What should it
decide?
• Lincoln & Center’s executive committee is
considering whether to adopt a mandatory
pro bono policy for the firm’s lawyers. At least
one member of the committee has adopted
one of the religious lawyering perspectives
described above and at least one has adopted
the neutral partisan perspective. What
considerations would they raise regarding the
issue? How would their views differ on the
policy question, if at all?