March 25, 2004
So you want to be a lawyer...
Some recent observations from my ethics class:
Apparently, I'm a bad man. In the endless parade of hypothetical situations we are confronted with in class, very few have even tickled my moral barometer. This concerns me a bit. I don't think I'm an immoral person and I don't intend to be an immoral lawyer. That said, I think lawyers have a unique role. We have a duty of zealous advocacy for our clients. In my eyes, that means you do whatever you can, within the bounds of the law, to help your client win. Certainly, there are situations where the moral price of such advocacy is extremely high and the lawyer must make a choice: win or do the right thing? Or is winning the right thing?
We watched a video about negotiation the other day where high-powered Attorney A walked the line of dishonesty during settlement negotiation with less experienced Attorney B. Attorney A told no lies, but also didn't freely offer any information. In the hypo, the law had recently changed from contributory negligence (barring recovery for B's client) to comparative negligence (allowing recovery for B). B was unaware of the change and A did not tell him about it. As a result, B accepted a very low settlement offer. The Prof intended the video to elicit outrage about Attorney A's behavior and, indeed, most of the class thoroughly attacked A. Yet I sat there thinking "B should have done his research. Good for A."
In nearly every other hypo we've discussed, the bulk of the class* takes the moral highground, promising to recuse themselves from the case, refuse the client, or quit the job. Such thinking is absolutely absurd. You simply cannot quit a job every time your idealism is challenged. What about the mortgage, the car payment, the wife's shoes, the kids, the student loan debt?
That said, I believe there are certain things you can do to minimize the chance of ethical distress.
Choose your practice setting carefully. I believe this is the only true moral choice a lawyer gets to make. When you choose to be a criminal defense attorney, you are signing up for a whole slew of moral dilemmas. Except as a criminal defense attorney, you cannot afford to have them be dilemmas; you must play your role and do your job, regardless of personal belief. The same goes for other practice areas. If you want to make more money than G-d and go to work for some high-powered corporate firm, be prepared to compromise your own beliefs to those of the client or your bosses. Quitting is not an option, but choosing where to work is.
This seems like common sense to me, but apparently much of the class doesn't get it. And, frankly, I am concerned that many of them are either poised for a very rude awakening or are simply not pursuing the right profession. I am not suggesting a lawyer gets a free pass to act immorally, but am only pointing out that a lawyer also doesn't get a free pass to forget he's a lawyer when confronted with a difficult choice. The bottom line is: do what you feel comfortable with; don't lie; don't break the law; choose your practice setting carefully; and all will be well.
* Interestingly, the other students from my section tend to be closer to my views, taking a more realistic view of the hypos and being less inclined to up and quit a job when faced with a tough choice.
Apparently, I'm a bad man. In the endless parade of hypothetical situations we are confronted with in class, very few have even tickled my moral barometer. This concerns me a bit. I don't think I'm an immoral person and I don't intend to be an immoral lawyer. That said, I think lawyers have a unique role. We have a duty of zealous advocacy for our clients. In my eyes, that means you do whatever you can, within the bounds of the law, to help your client win. Certainly, there are situations where the moral price of such advocacy is extremely high and the lawyer must make a choice: win or do the right thing? Or is winning the right thing?
We watched a video about negotiation the other day where high-powered Attorney A walked the line of dishonesty during settlement negotiation with less experienced Attorney B. Attorney A told no lies, but also didn't freely offer any information. In the hypo, the law had recently changed from contributory negligence (barring recovery for B's client) to comparative negligence (allowing recovery for B). B was unaware of the change and A did not tell him about it. As a result, B accepted a very low settlement offer. The Prof intended the video to elicit outrage about Attorney A's behavior and, indeed, most of the class thoroughly attacked A. Yet I sat there thinking "B should have done his research. Good for A."
In nearly every other hypo we've discussed, the bulk of the class* takes the moral highground, promising to recuse themselves from the case, refuse the client, or quit the job. Such thinking is absolutely absurd. You simply cannot quit a job every time your idealism is challenged. What about the mortgage, the car payment, the wife's shoes, the kids, the student loan debt?
That said, I believe there are certain things you can do to minimize the chance of ethical distress.
Choose your practice setting carefully. I believe this is the only true moral choice a lawyer gets to make. When you choose to be a criminal defense attorney, you are signing up for a whole slew of moral dilemmas. Except as a criminal defense attorney, you cannot afford to have them be dilemmas; you must play your role and do your job, regardless of personal belief. The same goes for other practice areas. If you want to make more money than G-d and go to work for some high-powered corporate firm, be prepared to compromise your own beliefs to those of the client or your bosses. Quitting is not an option, but choosing where to work is.
This seems like common sense to me, but apparently much of the class doesn't get it. And, frankly, I am concerned that many of them are either poised for a very rude awakening or are simply not pursuing the right profession. I am not suggesting a lawyer gets a free pass to act immorally, but am only pointing out that a lawyer also doesn't get a free pass to forget he's a lawyer when confronted with a difficult choice. The bottom line is: do what you feel comfortable with; don't lie; don't break the law; choose your practice setting carefully; and all will be well.
* Interestingly, the other students from my section tend to be closer to my views, taking a more realistic view of the hypos and being less inclined to up and quit a job when faced with a tough choice.
