Abstract

http://ssrn.com/abstract=2120742
 


 



Are Legal Ethics Ethical? A Survey Experiment


Stephen Galoob


University of California, Berkeley - Jurisprudence and Social Policy Program; University of Tulsa College of Law

Su Li


University of California, Berkeley - Center for the Study of Law and Society

July 31, 2012

26 Georgetown Journal of Legal Ethics 481 (2013).
University of Tulsa Legal Studies Research Paper No. 2014-2

Abstract:     
Many core questions in legal ethics concern the relationship between ordinary morality and rules of professional conduct that govern lawyers. Do these legal ethics rules diverge from ordinary morality? Is the lawyer's role morally distinctive? Do professional norms establish what the lawyer has most reason to do? Conjectured answers to these questions abound.

In this Article, we use methods from moral psychology and experimental philosophy to provide the first systematic, empirical examination of these questions. Based on results from a survey experiment, we find that legal ethics rules about advocacy and confidentiality diverge from lay moral judgments; that lay judgments do not, in general, attribute distinctive moral significance to the lawyer’s role; and that norms of professional conduct can change (but do not fully determine) lay judgments about the moral status of lawyers’ actions. We conclude by discussing some of the most important theoretical and policy implications of these findings.

Number of Pages in PDF File: 40

Keywords: legal ethics, empirical study, experimental study, professional responsibility, divergence, lawyer exceptionalism, professional norms

Accepted Paper Series





Download This Paper

Date posted: July 31, 2012 ; Last revised: June 20, 2014

Suggested Citation

Galoob, Stephen and Li, Su, Are Legal Ethics Ethical? A Survey Experiment (July 31, 2012). 26 Georgetown Journal of Legal Ethics 481 (2013).; University of Tulsa Legal Studies Research Paper No. 2014-2. Available at SSRN: http://ssrn.com/abstract=2120742 or http://dx.doi.org/10.2139/ssrn.2120742

Contact Information

Stephen Galoob (Contact Author)
University of California, Berkeley - Jurisprudence and Social Policy Program ( email )
Berkeley, CA 94720-7200
United States
University of Tulsa College of Law ( email )
3120 E. Fourth Place
Tulsa, OK 74104
United States
Su Li
University of California, Berkeley - Center for the Study of Law and Society ( email )
2240 Piedmont Ave.
Berkeley, CA 94720
United States
510-642-8291 (Phone)
510-642-2951 (Fax)
HOME PAGE: http://www.law.berkeley.edu/php-programs/faculty/facultyProfile.php?facID=14054
Feedback to SSRN


Paper statistics
Abstract Views: 877
Downloads: 213
Download Rank: 85,668

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.343 seconds