66 Pages Posted: 13 Aug 2008
Date Written: 1995
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: 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