Lawyers, Covert Activity, and Choice of Evils

17 Pages Posted: 16 Dec 2007

See all articles by William H. Fortune

William H. Fortune

University of Kentucky - College of Law


After discussing the origins of Model Rule 8.4(c), which purports to prohibit all deceit and misrepresentation, and states' recent amendments to the rule to accommodate lawyer involvement in some covert activity, Professor Fortune proposes a broad rule that would allow lawyers to supervise and actively participate in lawful investigations. As an alternative he proposes that states follow Virginia and qualify the rule against deceit by adding 'that reflects adversely on the person's fitness as a lawyer.' In this article, Professor Fortune discusses the concept of choice of evils in the context of deceit to further a societally-beneficial end.

Suggested Citation

Fortune, William H., Lawyers, Covert Activity, and Choice of Evils. Journal of the Legal Profession, Vol. 32, 2008, Available at SSRN:

William H. Fortune (Contact Author)

University of Kentucky - College of Law ( email )

620 S. Limestone Street
Lexington, KY 40506-0048
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Abstract Views
PlumX Metrics