Counseling at the Limits of the Law: An Exercise in the Jurisprudence and Ethics of Lawyering

66 Pages Posted: 13 Aug 2008  

Stephen Pepper

University of Denver College of Law

Date Written: 1995

Abstract

Lawyers frequently face situations in which providing accurate advice about the law may well assist a client in violating that law. This Article considers what the ethical or legal guides or limits ought to be for a lawyer confronting this problem. Professor Pepper identifies a number of distinctions that might provide guidance, and explores the jurisprudential and ethical complications those distinctions entail. Although these factors rarely provide a determinate answer, they do provide a useful structure for analysis. Because clear answers are rare, Professor Pepper suggests supplementing the analytic structure with the process of a lawyer-client counseling conversation.

Suggested Citation

Pepper, Stephen, Counseling at the Limits of the Law: An Exercise in the Jurisprudence and Ethics of Lawyering (1995). Yale Law Journal, Vol. 104, No. 7, 1995. Available at SSRN: https://ssrn.com/abstract=1221745

Stephen L. Pepper (Contact Author)

University of Denver College of Law ( email )

2255 E. Evans Avenue
Denver, CO 80208
United States
303-871-6259 (Phone)

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