Fitting Lying to the Court into the Central Moral Tradition of Lawyering

Case Western Law Review, Vol. 58, June/July 2008

San Diego Legal Studies Paper No. 08-029

22 Pages Posted: 25 Jun 2008  

Fred C. Zacharias

University of San Diego School of Law

Date Written: June, 23 2008

Abstract

Should lawyers ever lie to the court? This article considers that issue in the context of a hypothetical scenario involving criminal defense representation, proposed by Monroe Freedman. Suppose a pre-trial judge seeking to move along the proceedings asks a defense attorney whether his client is guilty or innocent. How should the defense attorney respond? The issue is surprisingly complex. Looking to the work of legal ethicists and moral philosophers the article analyzes the various options, none of which are entirely satisfactory.

Keywords: ethics, professional responsibility, candor to the court

JEL Classification: K10

Suggested Citation

Zacharias, Fred C., Fitting Lying to the Court into the Central Moral Tradition of Lawyering (June, 23 2008). Case Western Law Review, Vol. 58, June/July 2008; San Diego Legal Studies Paper No. 08-029. Available at SSRN: https://ssrn.com/abstract=1150450

Fred C. Zacharias (Contact Author)

University of San Diego School of Law

5998 Alcala Park
San Diego, CA 92110-2492
United States

Paper statistics

Downloads
267
Rank
92,451
Abstract Views
1,255