Abstract

http://ssrn.com/abstract=1542088
 


 



Attorney Fact-Finding, Ethical Decision-Making and the Methodology of Law


Robert Rubinson


University of Baltimore - School of Law

2001

Saint Louis University Law Journal, Vol. 45, No. 4, pp. 1185-1242, 2001

Abstract:     
This Article explores the significance, challenges, and complexities of attorney fact-finding in ethical decision-making. Almost all discourse about legal ethics, from the pedagogical to the scholarly to the practical, takes facts for granted in order to focus on issues about ethical rules. The factual dimension of ethical decision-making, however, is critical to the decision-making process and can be subjected to rigorous and systematic study. Indeed, it is lawyers in a situation who engage in ethical decision-making, and such a situation entails the assimilation and interpretation of many sources of information. Such a process necessarily includes the motivations and ambivalence of attorneys themselves. The Article concludes by exploring how ethics scholarship and pedagogy should embrace a more reflective, sophisticated vision of ethics by recognizing issues of fact as crucial to ethical decision-making.

Number of Pages in PDF File: 59

Keywords: legal ethics, legal profession, fact-finding, client representation

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Date posted: January 25, 2010  

Suggested Citation

Rubinson, Robert, Attorney Fact-Finding, Ethical Decision-Making and the Methodology of Law (2001). Saint Louis University Law Journal, Vol. 45, No. 4, pp. 1185-1242, 2001. Available at SSRN: http://ssrn.com/abstract=1542088

Contact Information

Robert Rubinson (Contact Author)
University of Baltimore - School of Law ( email )
1420 N. Charles Street
Baltimore, MD 21218
United States
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