Document Type

Article

Publication Date

2003

Abstract

This Article builds on and responds to the work of a number of leading ethics scholars who have offered alternatives to the prevailing model of legal ethics. Specifically, the Article proposes a "Deliberative Model," which posits that the lawyer's professional responsibility carries with it a duty on the individual lawyer to exercise discretion through consideration of the relevant ethical issues. Thus, the Article takes seriously the principle of ethical discretion, respecting the role of individual ethical decisionmaking but requiring that such decisionmaking be carried out through a justifiable process of ethical deliberation.

Comments

Reprinted with permission of Indiana Law Review.

Source Publication

37 Ind. L. Rev. 21

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