Lawyers as Intermediaries: The Representation of Multiple Clients in the Modern Legal Profession

Abstract

The nomination of Louis Dembitz Brandeis to the U.S. Supreme Court in 1916 created an outcry of opposition from the legal profession. The opponents, including the current president and seven former presidents of the American Bar Association, argued that during his law practice Brandeis had violated several norms of ethical behavior. In one of the first public examinations of the legal career of a prominent individual, the Senate and its committee on nominations carefully considered twelve charges of unethical behavior. Although a majority of the senators eventually rejected these charges, one aspect of the allegations highlights a role of the lawyer that is fraught with ethical problems.