Counseling at the Limits of the Law: An Exercise in the Jurisprudence and Ethics of Lawyering
University of Denver College of Law
Yale Law Journal, Vol. 104, No. 7, 1995
Lawyers frequently face situations in which providing accurate advice about the law may well assist a client in violating that law. This Article considers what the ethical or legal guides or limits ought to be for a lawyer confronting this problem. Professor Pepper identifies a number of distinctions that might provide guidance, and explores the jurisprudential and ethical complications those distinctions entail. Although these factors rarely provide a determinate answer, they do provide a useful structure for analysis. Because clear answers are rare, Professor Pepper suggests supplementing the analytic structure with the process of a lawyer-client counseling conversation.
Number of Pages in PDF File: 66Accepted Paper Series
Date posted: August 13, 2008
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