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
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
Date posted: June 25, 2008
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