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http://ssrn.com/abstract=1150450
 
 

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Fitting Lying to the Court into the Central Moral Tradition of Lawyering


Fred C. Zacharias


University of San Diego School of Law

June, 23 2008

Case Western Law Review, Vol. 58, June/July 2008
San Diego Legal Studies Paper No. 08-029

Abstract:     
Should lawyers ever lie to the court? This article considers that issue in the context of a hypothetical scenario involving criminal defense representation, proposed by Monroe Freedman. Suppose a pre-trial judge seeking to move along the proceedings asks a defense attorney whether his client is guilty or innocent. How should the defense attorney respond? The issue is surprisingly complex. Looking to the work of legal ethicists and moral philosophers the article analyzes the various options, none of which are entirely satisfactory.

Number of Pages in PDF File: 22

Keywords: ethics, professional responsibility, candor to the court

JEL Classification: K10

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Date posted: June 25, 2008  

Suggested Citation

Zacharias, Fred C., Fitting Lying to the Court into the Central Moral Tradition of Lawyering (June, 23 2008). Case Western Law Review, Vol. 58, June/July 2008; San Diego Legal Studies Paper No. 08-029. Available at SSRN: http://ssrn.com/abstract=1150450

Contact Information

Fred C. Zacharias (Contact Author)
University of San Diego School of Law
5998 Alcala Park
San Diego, CA 92110-2492
United States
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