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Lawyers, Covert Activity, and Choice of Evils

William H. Fortune

University of Kentucky

Journal of the Legal Profession, Vol. 32, 2008

After discussing the origins of Model Rule 8.4(c), which purports to prohibit all deceit and misrepresentation, and states' recent amendments to the rule to accommodate lawyer involvement in some covert activity, Professor Fortune proposes a broad rule that would allow lawyers to supervise and actively participate in lawful investigations. As an alternative he proposes that states follow Virginia and qualify the rule against deceit by adding 'that reflects adversely on the person's fitness as a lawyer.' In this article, Professor Fortune discusses the concept of choice of evils in the context of deceit to further a societally-beneficial end.

Number of Pages in PDF File: 17

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Date posted: December 16, 2007  

Suggested Citation

Fortune, William H., Lawyers, Covert Activity, and Choice of Evils. Journal of the Legal Profession, Vol. 32, 2008. Available at SSRN: http://ssrn.com/abstract=1072984

Contact Information

William H. Fortune (Contact Author)
University of Kentucky ( email )
Lexington, KY 40506
United States
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