Unethical Obedience by Subordinate Attorneys: Lessons from Social Psychology
Andrew M. Perlman
Suffolk University Law School
Hofstra Law Review, Vol. 36, p. 451, 2007
Suffolk University Law School Research Paper No. 08-15
This Article explores the lessons that we can learn from social psychology regarding a lawyer's willingness to comply with authority figures, such as senior partners or deep-pocketed clients, when they make unlawful or unethical demands. The Article reviews some of the basic literature in social psychology regarding conformity and obedience, much of which emphasizes the importance of context as a primary factor in predicting people's behavior. The Article then contends that lawyers frequently find themselves in the kinds of contexts that produce high levels of conformity and obedience and low levels of resistance to illegal or unethical instructions. The result is that subordinate lawyers will find it difficult to resist a superior's commands in circumstances that should produce forceful dissent. Finally, the Article proposes several changes to existing law in light of these insights, including giving lawyers the benefit of whistleblower protection, strengthening a lawyer's duty to report the misconduct of other lawyers, and enhancing a subordinate lawyer's responsibilities upon receiving arguably unethical instructions from superiors.
Number of Pages in PDF File: 28Accepted Paper Series
Date posted: May 2, 2008 ; Last revised: June 13, 2008
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